September 14, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11, Mister MR Productions, a video production company, hereby applies for

an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of

our Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal

Aviation Administration (FAA) so long as such operations are conducted with and under the

conditions outlined herein or as may be established by the FAA as required by Section 333.

The requested exemption would permit Mister MR Productions to pursue its commercial

interests in providing services to clients using a small advanced sUAs in the following areas:

● Real Estate

● Weddings

● Marketing

● Special Events

Mister MR Productions states that all sUAS flights will occur over private or controlled access

property and will do so with the property owner’s consent and knowledge and that the only

people who have consented or otherwise agreed to be in the area where the videography will

take place. Mister MR Productions is committed to safety with each flight. Our exemption

request would permit operation of a sUAS in areas away from the general public, airports,

heliports and vehicular traffic, and within property boundaries for individual homeowner real

estate listing videos/photos.

Regulations from which the exemption is requested:

14 C.F.R. Part 21;

14 C.F.R. 45.23 (b);

14 C.F.R. 61.113 (a) & (b);

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9

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14 C.F.R. 91.103 (b)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)

14 C.F.R. 91.203

14 C.F.R. subpart E 91.401­91.417

Unmanned Aircraft System

sUAS are often seen as superior to helicopters as an aerial gathering platform due to the

smaller devices, cheaper equipment and personnel cost, reduced noise, and much smaller

environmental impact which promotes public safety.

Mister MR Productions is petitioning for an exemption to operate a DJI Phantom 2 with an

H4­3D stabilized GoPro Hero 4 camera and GPS safety features. The GPS limits the height it

flies above ground level (AGL), limits the radius of the distance it flies from the operator and to

exclude it from operations within designated Class B, C and D airspace including a no­fly zone

feature. The DJI Phantom 2 also has a failsafe function that is triggered in the event

communication is lost between the sUAS and the main controller transmitter. At that time, the

sUAS will return to its point of takeoff and land safely. If the connection is restored, the PIC can

regain control of the flight and land manually. The DJI Phantom 2 utilizes four counter­rotating

propellers for balance, control and stability. The entire sUAS weighs less than 10 pounds (far

below the maximum 55 pound limit) including the camera and stabilization gimbal.

I, Matthew Rogers (Owner/Founder of Mister MR Productions), will operate the DJI Phantom 2

in a safe manner, using the following checklists as well as operating procedures to determine

that the aircraft is physically and electronically ready for safe flight, and that the proper

permission from the property owner/representative is received:

Pre­flight Checklist:

● Survey the property for hazards, such as trees, utility poles and other elements that

might compromise the flight.

● Check wind speed, cloud cover and any forecasted weather conditions that may

adversely affect flight safety and performance.

● Examine the sUAS to ensure that all connections are secured properly, and that there

are no cracks or loose parts.

● Determine that the electronic elements are performing correctly (receiving more than six

GPS signals along with calibration of the magnetic compass).

● Determine that the barometric altimeter reflects approximately 0 feet AGL.

● Following takeoff, hover at an altitude of 10 feet to confirm that the fail­safe function is

engaged. Following confirmation, exercise all controls to confirm functionality. If one of

the controls is not functioning, the flight will be terminated immediately.

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During Flight Checklist:

● Never fly over dense traffic or crowds.

● Give right­of­way to any manned aircraft.

● Stay clear of FAA controlled airspace, primarily airports (generally a five nautical mile

radius) as well as restricted and prohibited fly zones.

● Fly no higher than 400 feet and no further than 1000 feet from the home point of takeoff,

recognizing that the primary responsibility is to safely keep the aircraft within visual line

of sight.

● Stay clear of clouds and fog (500 feet vertically and 2000 feet horizontally)

Post Flight Checklist:

● Inspect sUAS to determine its physical and electronic condition.

● Examine the sUAS to ensure that all connections are secured properly, and that there

are no cracks or loose parts.

Public Benefit

Aerial videography and photography has a long history with manned aircraft. For companies

and individuals with smaller budgets, the expense of manned aircraft aerial videography and

photography is cost prohibitive. Manned aircraft pose a threat to the public through potential

catastrophic crashes resulting in a potential loss of life. The DJI Phantom 2 poses no such

threat as the size and lack of combustible fuel alleviates any potential threat to the public. It is

both lightweight and battery powered and creates no emission that can harm the environment.

Congress has already proclaimed that it is in the best interest of the public to integrate

commercially flown sUAS into the national airspace system, hence the passing of the Reform

Act.

Safety Considerations

An exemption granted to Mister MR Productions will not adversely affect safety.

● The DJI Phantom 2 weighs less than 10 pounds complete with a HD camera and

stabilization gimbal.

● Operation only occurs under 400 feet (within the 400 foot permissible ceiling set by the

FAA Modernization and Reform Act of 2012).

● The sUAS is landed prior to manufacturer recommended minimum level of battery

power.

● The sUAS is piloted through remote control only by line of sight.

● The DJI Phantom 2 has a failsafe feature enabled through GPS, whereby it hovers and

then slowly lands if communication with the remote control is lost.

● Operation only occurs in strictly controlled safe environments, away from powerlines,

elevated lights, airports and actively populated areas.

● Extensive pre­flight inspections and protocol are followed with each flight, with safety as

the primary importance.

● All necessary permissions are obtained prior to operation.

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Summary for Federal Register

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21,

Subpart H, Entitled Airworthiness certificates, sets forth requirements for procurement of

necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and

enclosed operational area of s sUAS permit exemption for Mister MR Productions from Part 21

because the DJI Phantom 2 meets an equivalent level of safety pursuant to Section 333 of the

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both

pieces of legislation permit the FAA to exempt sUAS’ from the airworthiness certificate

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas

such as airports and dense populations. Our sUAS meets or exceed each of these elements. 14

C.F.R. § 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in the form contemplated by the FARs, this regulation is

inapplicable. 14 C.F.R § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are

no pilots or passengers, and given the size of the sUAS, this regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a manual. The FAA has previously

issued exemptions to this regulation in Exemption Numbers 8607, 8737, 8738, 9299, 9299A,

9565, 9565B, 10167, maintenance program that involves regular software updates and curative

measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

Summary

Mister MR Productions is requesting this exemption for the purposes of aerial photography,

cinematography, videography, inspections and other flight operations. Mister MR Productions

wishes to utilize a business strategy that capitalizes on opportunities as they may arise in the

future. Our business model is based on the idea of offering ad hoc sUAS services to individuals

or companies who wish to employ these services as a safe, effective, and legal option to

enhance and market their business or product.

As stated in the above letter, Mister MR Productions respectfully requests that the FAA grants

an exemption.

Respectfully submitted,

Matthew Rogers, Owner/Founder

Mister MR Productions

PO Box 501

Austin, TX 78767

matt@misterMRproductions.com

Attachment:

DJI Phantom 2 Specifications

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