# EAGLE VIEW CINEMATOGRAPHY

W8702 440 TH AVENUE, ELLSWORTH, WISCONSIN 54011

Kyle Strege

651

- 206

- 2115 kstrege@yahoo.com

November 7, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room w 12

- 140 1200 New Jersey Ave., SE Washington, DC 20590



### Re: Petition of Eagle View Cinematography for Exemption Pursuant to Section 333
of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11, Kyle C. Strege, operator of Eagle View Cinematography, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to a llow commercial operation
of its unmanned aircraft system (“UAS”) , so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. I am requesting this exemption for t wo DJI Phantom 3 Professional UA S 's to be used for my aerial photography business. I additionally request this exemption be granted for use anywhere within US airspace system and not confined to a limited geographic area of operation.

Commercial operation of a UAS’s , as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:

• Aerial photography and/or video for public and/or private use including real estate, architecture, land /crop surveying, engineering and o ther related professional activities.

• Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority.

• Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, roadway structures, wind turbines and cell towers.

• Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emerge ncy, natural disaster or law enforcement ac tivity only when the local authorities or government has requested it by contract or donation.US Department of Transportation

November 7, 2015 Page 2

The name and address of the applicant is:

Kyle C. Strege

W8702 440 th Avenue Ellsworth, Wisconsin 54011

Cert ificate # 3254077 Private Airplane, Single Engine Land

LEGAL AUTHORITY AND OVERVIEW



### 1. Legal and Regulatory Framework

The FMRA provides that "the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system prior to final completion of the required Reform Act plan and the subsequent rule

- making. § 333(a).

In making this determination, the Secretary of Transportation shall determine, at a minimum

—

(1) Which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national se curity; and (2) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

§333(b) (1)

- (2) . Finally, §333 provides that " if the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of suc h aircraft systems in the national airspace system." §333(c).

The FAA has promulgated guidance for UAS users that wish to obtain a Section 333 exemption. The FAA has recommended that an applicant discuss the following items:

1. The safe operation of a UAS to minimize risk to the National Airspace ("NAS"), including the operational characteristic for the type of UAS intended for use, operating procedures, and aircraft loading information;

2. Operational procedures, including pre

- flight inspections, maintenance, an d repair;

3. Radio Frequency ("RF") spectrum used for control of the UAS and associated equipment that is part of the UAS and whether it complies with Federal Communications Commission ("FCC") or other appropriate government oversight requirements;US Department of Transportation

November 7, 2015 Page 3

4. A descri ption of the Pilot in Command ("PIC") directly responsible for the operation of the

UAS , including the level of airman certificate held, any applicable training related to the operation, and any minimum hours of flight experience required by the PIC, both total flight time and the time with the particular UAS;

5. The medical standards and certification of the PIC directly responsible for the operation of
the UAS.

6. The intended UAS operations, including how the operation would not adversely affect safety, or how they would provide a level of safety at least equivalent to that provided by the rule from which exemption is sought;

7. The proposed maximum operating speed and altitude, and describe the minimum flight visibility and distance from clouds for their intended operations, including any potential hazards and safety mitigations associated with these proposed conditions;

8. The characteristics of the area of intended operation and the associated potential hazards and proximity to populated areas;

9. The proximity to a irports;

10. A description of how the application intends to operate the UAS within visual line

- of sight ("VLOS");

11. Any procedures to conduct a preflight safety risk assessment to determine that the UAS is in a condition for safe flight and that the planned operation can be completed safely;

12. To the extent the activity involves operations that have existing requirements, such as motion picture and television filming, or pipeline and power line control, how the application intends to comply with such regulation s; and

13. The applicant's intent to obtain a Certificate of Waiver of Authorization ("COW” ) from the FAA Air Traffic Organization.

Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§

44702

— 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption : (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).



### 2. Eagle View Cinematography Meets and Exceeds the Legal and Regulatory Requirements

As will be shown herein, 

### Eagle View Cinematography meets and exceeds the stated §333 requirements as well as the guidance promulgated by the FAA. The proposed operations and Uses in this petition for exemption qualify for expedited approval under §333 of the FMRA. Each of the statutory criteria and other relevant factors are satisfied.

The proposed operations permit the use of small and relatively inexpensive UASs under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; and that (4) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose.US Department of Transportation

November 7, 2015 Page 4 

### Eagle View Cinematography’s UASs are all multi

- rotor UASs, weighing 55 or fewer pounds, including payload. They operate, under normal conditions, at low speed and have the capability to hover and move in the vertical and horizontal plane. 

### Eagle View Cinematography 's UASs will operate in a visual line of sight, or pursuant to the prevailing FAA regulations and guidance, and will only operate within those areas described in the enclosed Flight Operations Manual.

Given the small size of the UASs involved and the restricted environment within which they wi ll operate, the comprehensive safety and operational parameters used by 

### Eagle View Cinematography , and 

### Eagle View Cinematography 's commitment to compliance with the FAA's regulations now and into the future, this petition for exemption falls within the eq uivalent level of safety that Congress desired the FAA to permit commercial UAS operations by exemption pending completion of formal rulemaking . Also, due to the size of the UASs and the restricted ar ea in which the UASs will operate, approval of the appli cation presents no national security issue.

In addition, granting the requested exemption will benefit the public interest as a whole in many ways, including: (1) significantly improving safety and reducing risk by alleviating human exposure to danger; (2) improving overall operations, including safety, for aerial photography/c i n ema togra phy , land/crop surveying, public safety and other related professional services, which compared to traditional manned aircraft, will drastically decrease operating costs;

an d (3) providing an environmentally conscientious way of producing aerial data collection.

Considering the clear direction in §333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant of the requested exemptions is also in the public interest. Accordingly, 

### Eagle View Cinematography respectfully requests the FAA grant the requested exemption without delay.

MEET EAGLE VIEW CINEMATOGRAPHY



### Eagle View Cinematography is a private entity based in Western Wisconsin that intends to
operate Small Unmanned Aircraft Systems equipped to conduct aerial photography and data
collection. These aerial data collection services and Us es will be provided to a variety of industries in both the private and public sector, including but not limited to commercial and private real estate, public safety agencies , and commercial farming . Contact for 

### Eagle View Cinematography :



### Eagle View Cinematography

Attn: Kyle C. Strege

W8702 440 th Avenue Ellsworth, WI 54011

651

- 206

- 2115US Department of Transportation

November 7, 2015 Page 5

PROPOSED OPERATIONS

The attached manuals and materials describe, in detail, the policies and procedures for 

### Eagle View Cinematography’s proposed UAS operations. To assist the FAA in its safety assessment of 

### Eagle View Cinematography 's proposed UAS operations, below is a summary of operational limitations and conditions, which will ensure an equivalent or higher level of safety to operations

conduct ed under current regulatory guidelines:

1. The UAS will weigh less than 55 pounds.

2. Flights will be operated within line of sight of the Operator.

3. Maximum total flight time for each operational flight will be limited to the amount
of time the UAS can be flown and still maintain a reserve b attery power of no less

than 25%

.

4. Flights will be operated at an altitude of no more than 4 00 feet Above Ground Level ("AGL").

5. Flights will be operated at a safe lateral and vertical distance from and above any

inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation.

6. The UAS Pilot with Pilot in Command responsibilities for the flight will be the designated Operator ("Operato r").

7. The UAS will operate only within a confined area as described in the Flight Operations Manual.

8. A briefing will be cond ucted in regard to the planned UAS operations prior to each day's missions. It will be mandatory that all personnel who will be perfo rming duties within the boundaries of the safety perimeter be present for this briefing.

9. The Operator will have been trained in operations of UAS generally and received

up

- to

- date information on the particular UAS to be operated as required in the Flight Operation Manual.

10. Written and/or oral permission from the relevant property holders will be obtained.

11. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or othe r appropriate governmental agencies.

12. If the UAS loses transmission signal, the UAS will have the capability to automatically return to a pre

- determined location and land.US Department of Transportation

November 7, 2015 Page 6

13. Contingency plans will be in place to safely terminate flight if there is a loss of

t ransmitter communications or a loss of GPS signal.

14. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

REQUESTED EXEMPTIONS

In conjunction with the mandates of the Reform Act, the Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulatio ns and minimum standards when the Administrator decides a requested exemption is in the public interest.



### Eagle View Cinematography seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes of conducting aerial ph otography and data collection by unmanned aerial vehicles and systems. Listed below are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has
established which will ensure a level of safety better than or equal to the rules from which exemption is sought.



### A. 14 C.F.R. Part 21, Subpart H

— Airworthiness Certificates and 14 C.F.R. § 91.2030) and (b)

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establi shes the procedural requirements for the issuance of airworthiness and registration certificates as required by 14 C.F.R. Given the size and limited operating area associated wit h the UAS to be utilized by the Petitioner, an exemption from Part 21, Subpart H, meets the requirements of an equivalent level of safety under Part 1 1 and §333 of the FMRA.

The Federal Aviation Act and §333 of the FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstra tes that the UAS operated without an airworthiness or registration c ertificate, in the restricted environment and under the conditions proposed, will be at least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness certificate
without restrictions and conditions of the proposed UAS operation s.

Eq uivalent Level of Safety

The UAS to be operated by 

### Eagle View Cinematography the DJI Phantom 3 Professional . The 

### Eagle View Cinematography UASs are all mul ti

- rotor UAS, weigh less than 55 pounds with payload, carry neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a preprogrammed secured and sterile area. Unlike other civil aircraft, the proposed operations for all 

### Eagle View Cinematography UASs will be controlled and monitored by the Operator pursuant to the Flight Operation Manual's requirements, as
attached.US Department of Transportation

November 7, 2015 Page 7 These safety enhancements, which already apply to civil aircraft operated in connection with existing commercial and private real estate, public safety operations, and commercial farming operations, provide a greater degree of safety to 

### Eagle View Cinematography employees, agents, members of the public, and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpar t H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the 

### Eagle View Cinematography UAS, due to its size, speed of operation, lack of explosive materials or flammable liquid fuels, and i nability to carry a substantial external load.



### B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent 

### Ea gle View Cinematography would otherwise require
certification under Part 27, 

### Eagle View Cinematography seeks an exemption from Part 27's airworthiness standards for the same reasons Identified in the exemption request from 14 C.F.R. Part 21, Subpart H.



### C. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations

Eagle View Cinematography seeks an additional exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and which
would a lso have the effect of requiring a second

- class medical certificate. This provision limits private pilots to noncommercial operations.

Eq uivalent Level of Safet y

Because the 

### Eagle View Cinematography UASs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring a ground crew member to have a private pilot's license rather than a commercials pil ot's license to operate this UAS. Unlike a conventional aircraft that carries the p ilot and passengers, the 

### Eagle View Cinematography UAS is remotely controlled with no persons on board. In addition, the area of operation is controlled and restricted, and all flights are planned and coordinated in advance.
The risks associated with the o peration of the DTAP UASs are so diminished from the level of risk associated with commercial operations contemplated by part 61 when drafted, that allowing operations as requested with a private pilot in the ground crew exceeds the present level of safety achieved by 14 C.F.R. sec. 61.113(a) and (b).

Furthermore, the aerial data collection conducted by 

### Eagle View Cinematography will be conducted in areas where access to the public is limited and controlled. As such, the operations

will have no substantial impact on any third persons not involved in the production. 

### Eagle View Cinematography also has a policy to conduct its operations, when possible, during times when third persons not involved in the production are expected to be limited and to the extent po ssible, to provide notice to affected third persons when production and operations will occur.

Finally, the FAA has consistently provided in its published exemptions that a Pilot in Command ("PIC") and a Visual Observer ("VO") hold either an airline transp ort, commercial, private, recreational, or sport pilot certificate. In addition, the PIC and VO must also hold a current FAAUS Department of Transportation

November 7, 2015 Page 8 airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal Government. See, Exemption 11407.

Because 

### Eagle View Cinematography will (l) operate in controlled areas and under controlled parameters, (2) the 

### Eagle View Cinematography PICS and VOS will have a valid airline
transport, comme rcial, private, recreational, or sport pilot certificate and a current FAA airman
medical certificate or a valid U.S. driv er's license, and (3) the DTAP UASs will be flown based on

visual li ne

- of

- sight at altitudes below 4 00' AGL, 

### Eagle View Cinematography respectfully request that this exemption be granted.



### D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Eagle View Cinematography seeks an exemption from the aircraft marking and identification requirements co ntained in 14 C.F.R. 91.9(c), 45.23(b) and 45.270). 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requireme nts, provides that "n o person may operate
a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter."

Eq uivalent Level of Safet y

The equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the UAS marked on its fuselage as required by § 45.29(f). In addition, 

### Eagle View Cinematography is aware of the numerous grante d exemptions that required the UAS's markings to be "as large as practicable." The FAA has previously issued the following related e xemptions to the aircraft marking requirements of §45.23(b): Exemption Nos. 10700, 10167 and 10167A.



### E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Eagle View Cinematography seeks an exemption from the flight manual requirements o f 14 C.F.R. § 91.9(b)(2), which states:

(b) No person may operate a U.S.

- registered civil aircraft f or which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved air plane or Rotorcraft Flight Manual, approved manual material, markings and placards, or any combination thereof.

Given the physical dimensions of the 

### Eagle View Cinematography UASs, configuration and load capacity, the 

### Eagle View Cinematography UASs have no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an item on the aircraft.

Eq uivalent Level of Safet y

The safety related purpose of this manual requir ement can be equally satisfied by maintaining the 

### Eagle View Cinematography UASs' flight manuals at the ground control point where the o peratorUS Department of Transportation

November 7, 2015 Page 9 will have immediate access to it. Accordingly, 

### Eagle View Cinematography requests an exemption from 91.9(b)(2)'s flight manual requirements, on the condition that the 

### Eagle View Cinematography UASs flight manuals be available at the control point during each operation.

The FAA has issued the following exemptions to this regul ation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 10700, 11333, and 11407 ("documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the
Ground Control Station of the U AS any time the a ircraft is operating.")



### F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Eagle View Cinematography seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. Inasmuch there will be no air worthin ess certificate issued for the UAS, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Eq uivalent Level of Safet y

All of the 

### Eagle View Cinematography UASs have a stellar safety record, demonstrati ng that

the UASs are airworthy. Further, given the size of the 

### Eagle View Cinematography UASs and the requirements contained in the Flight Operation Manual for maintenance and pre

- flight safety check lists, an equivalent level of safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 10700, and 11333.



### G. 14 C.F.R. § 91.103: Preflight Action

Eagle View Cinematography seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained
in the FAA approved flight manual on board the aircraft. While the PIC and VO will be familia r with all information necessary to safely conduct the flight, an exemption is requested to the extent

that an FAA

- approved flight manual is required on board the aircraft.

Eq uivalent Level of Safet y

An equivalent level of safety will be provided by follow ing the Operator's Handbook. The Operator will take all required preflight actions

- including reviewing weather, flight battery requirements, landing and takeoff distance, and aircraft performance data

- before initiation of flight. The Operator's Handboo k will be kept at the ground station with the operator at all times. Further, 

### Eagle View Cinematography will utilize all safety and manufacturer's manuals to ensure it adheres to the highest standards for safety within the industry.



### H. 14 C.F.R. § 91.105 F light Crew Members at Stations

Eagle View Cinematography seeks an exemption from 14 C.F.R. 91.105, which provides that "each required flight crewmember sha l l be at the crewmember station, keep the safety belt fastened and keep his or her shoulder harness fastened while at his or her assigned duty station."US Department of Transportation

November 7, 2015 Page 10 Eq uivalent Level of Safet y

In general, § 91.105 requires pilot and crew to be at their duty stations and harnessed during flight. Petitioner seeks exemption from S ection 91.105 because the 

### Eagle View Ci nematography UASs in the instant petition is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or harnessed as required by the regulation. An equivalent or even higher level of safety can be provided instead by using a n unmanned aircraft controlled by a PIC who at all times is

located at and controls the 

### Eagle View Cinematography UASs from the ground control system.



### 1. 14 C.F.R. § 91.1090: Flight Instruction

Eagle View Cinematography seeks an exemption from 14 C.F.R. § 91.109(a), which pro vides

that "n o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has ful ly functioning dual controls." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a box that communicates with the aircraft via radio
communications.

Equivalent Level of Safety

Given the size and speed of the 

### Eagle View Cinematography UASs, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the 

### Eagle View Cinematography UASs, and all persons will be a safe distance away in the event

that the 

### Eagle View Cinematography UAS s experiences any difficulties during flight instruction. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully

functi onal dual controls for a number of aircraft and for flight instruction in experimental aircraft. See, Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft a nd by the size and speed of the aircraft. Enhancing this safety is the technology inherent in the remote controls utilizing digital
communi cations that are paired to the UASs, making it nearly impossible to unintentionally or intentionally have the control communications interrupted.

The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. Exemptions include: Nos.
5778K and 9862A.



### J. 14 C.F.R. § 9 1.119: Minimum Safe Altitudes

Eagle View Cinematography requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under
which aircr aft may not operate, including 5 00 feet a bove the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated
"without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA.

"US Department of Transportation

November 7, 2015 Page 11 To provide the intended commercial aerial objectives , the 

### Eagle View Cinem atography UASs are normally operated below 4 00 feet AGL. Additionally, due the nature of the proposed Uses, the 

### Eagle View Cinematography UASs will maintain a safe lateral and vertical distance from inhabited structures, buildings, vehicles, and vessels, a nd from people not associated with the operation.

Eq uivalent Level of Safet y

Compared to flight operations with rotorcraft weighing far more than the maximum 55 pounds proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircra ft. An equivalent level of safety will be achieved given the size, weight, and speed of the 

### Eagle View Cinematography UASs, as well as the location where it is operated. As set forth in the Flight Operation Manual, the 

### Eagle View Cinematography UASs will b e operated in a confined area, where buildings and people will not be exposed to operations without their pre

- obtained consent. Because of the advance notice to the property owners and participants, all affected individuals will be well aware of the planne d flight operations as set forth in the Flight Operation Manual.1 1

Furthermore, by operating at such lower altitudes, the 

### Eagle View Cinematography UASs will not interfere with other aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety record of the 

### Eagle View Cinematography UASs demonstrate that the 

### Eagle View Cinematography UASs can be safely used at the se lower altitudes and closer operating environments.



### K. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by referen ce to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required because the 

### Eagle View Cinematography’s UASs do not have a barometric altimeter, but rather a GPS

altitude read out.

Eq uivalent Level of Safet y

An equivalent level of safety will be achieved by following the procedures set forth in the Flight Operation Manual. As prescribed in the Flight Operation Manual, the operator will confirm the
altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the Operator will use the GPS altitude indicator to constantly monitor the 

### Eagle View Cinematography UAS's height, thus ensuring operation at safe altitudes.



### L. 14 C.F.R. § 91.151(a)•. Fuel Requirements for Flight in VFR Conditions

Eagle View Cinematography requests an exemption from 14 C.F.R. § 91.151 (a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind a nd forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the battery powering the 

### Eagle View Cinematography UASs , which are all multi

- rotor UASs, provide approximately 2 5 minutes of powered flight. Additional information on the battery for each proposed 

### Eagle View Cinematography UASs is attached to this submiss ion. To meet the 30 minute reserve requ irement in 14 C.F.R. § 91.151, UAS flights could not be

conducted. Given the limitations on the 

### Eagle View Cinematography UASs' proposed flight area and the location of its proposed operations within a predetermined a rea, a safety margin based on a reserve amount of battery life is needed. 

### Eagle View Cinematography will not be

co nducting any UAS flights at night.Eq uivalent Level of Safet y

An equivalent level of safety will be achieved because the operations will be co nducted on

- site without significant transit time by the 

### Eagle View Cinematography UASs. As detailed by the attached Operations Manual, all flights will be planned to be terminated with no less than 25% reserve battery power still available. This restrictio n would be more than adequate to return the 

### Eagle View Cinematography UASs safely to the ground a t its planned landing zone from anywhere in its limited operating area even in the event of an unexpected occurrence. Operation

of the 

### Eagle View Cinematograph y UASs with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151 (a) was intended to alleviate given t he size and speed
of the small U AS, and the proximity of the flight operation to the landing zone.

This request for exemption falls within the scope of prior exemptions, including Exemption Nos. 10673, 2689F, 5745, 10673, 10808 and 11333.



### M. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Eagle View Cinematography seeks an exemptio n from civil aircraft certification and registration requirements of 14 C.F.R. § 91.203(a) and (b). The regulation states in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) A n appropriate and curr ent airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

An exemption to this regulation is necessary because: (1) the 

### Eagle View Cinematography UAS's configuration, load capacity and size does not allow it to carry certification and registration docu ments; (2) the 

### Eagle View Cinematography UASs do not have a cabin or cockpit entrance at which documents could be displayed; and (3) there are no passengers or crew for whom the certificates need to be displayed.

Eq uivalent Level of Safet y

To the extent th ese regulations are applicable to the proposed 

### Eagle View Cinematography UASs Uses, an equivalent level of safety will be achieved by keeping these documents at the ground control point where the Operator will have immediate access to them.

The FAA has iss ued numerous exemptions to this regulation, including: Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.



### M. 14 C.F.R. § 91.4050, 91.417(a) and Maintenance Inspections

### Eagle View Cinematography also seeks an exemption from the maintenance inspection

requirements contained in 14 C.F.R. § 91.4050), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) ( stating that each owner or operator of an
aircraft "s hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to th ese regulations is needed because Part 43 and these sections only apply to aircraft
with an airwor thiness certificate, which the UAS will not have.

Eq uivalent Level of Safet y

An equivalent level of safety will be achieved because maintenance and inspection s will be performed in accordance with the attached Operator's Handbook as referenced in the Flight Operation Manual. As provided in the Flight Operation Manual, the operator will ensure that the 

### Eagle View Cinematography UASs are in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the 

### Eagle View Cinematography UASs' size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation.

Granting 

### Eagle View Cinematography 's exemption furthers the public interest on numerous levels. National policy set by Congres s favors early integration of U AS into the national air space in controlled, safe working environments such as those propose in this petition. In addition, maintaining industrial safety has been a priority of state and local governments for decades.



### Eagle View Cinematography also believes that the use of UASs f or aerial data collection and the proposed Uses provides a valuable public service and addresses a common publ ic concern: safety. The use of UAS's in a controlled and safe manner, as described herein for the collection of aerial data and the proposed Uses, provides a far safer alternative to the collection of that same data by manned aircraft. In addition, in the even t of an unforeseen incident, a UAS causes far less disruption than traditional manned aircraft.

In addition, conducting aerial data collection from the 

### Eagle View Cinematography UASs, meets another common public concern in the noise and pollution caused by tradition al manned
aircraft. The use of UASs significantly reduces the levels of air and noise pollution generated during traditional aerial data collection service operations conducted by manned aircraft. By using battery power and electric motors, the UAS produces no air pollution, and is the most viable environmentally conscious alternative to piston or t urbine powered rotorcraft. The UAS,

w hile reducing the carbon footprint for aerial data collection, also eliminates noise pollution asits battery powered electric motors are barely audible during the take

- off phase, and cannot be

heard when operating more than 100 feet above ground level.

By using the 

### Eagle View Cinematography UASs for the proposed operations , the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of aircrew members located onboard the aircraft, th e minimal size and weight of a UAS creates less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manne d aircraft that typically conduct for aerial d ata collection. Relatedly, the UAS contains no reactive or combustible materials on board and thus the potential for fire or explosions is greatly diminished.

In addition, granting the exemption will help advan ce the knowledge base for conducting commercial UAS operations. This additional data will help the FAA set future rules regarding UAS flight operations, maintenance, and crew qualifications. The public also has an interest in reducing the hazards and emiss ions associated with alternate use of helicopters to conduct similar aerial data collection. The proposed 

### Eagle View Cinematography UASs are very light weight

and do not c arry any flammable fuel, further reducing the risk from any potential accident.



### [PRIVACY

All of the proposed flights and data collection will be conducted only after obtaining any individual subject matter's permission. All flights will occur over public right

- of

- way or private property with the property owner's prior consent and knowledge. The proposed operations will not impact privacy concerns beyond those already implicated by manned aircraft aerial data collection operations.

I FEDERAL REGISTRY SUMMARY

Pursuant to 14 C.F.R. Part 1 1, the following summary is provided for pub lication in the Federal Register, should it be determined that publication is needed:



### Eagle View Cinematography seeks an exemption from the following rules:

14 CFR Part 21, Subpart H 14 CFR 45.23(b) , 45.27

14 C.F.R. 61.113

14 CFR 91.7(a)

14 CFR 91.9(b )(2) 14 CFR 91.9(c)
14 CFR 91.103

14 CFR 91.105
14 CFR 91.109
14 CFR 91.119 (c)
14 CFR 91.12114 CFR 91.151 (a)

14 CFR 91.203 (a) & (b) 14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a ) (2) 14 CFR 91.417 (a) & (b)

Approval of these exemptions allowing commercial operations of small and l ightweight unmanned aircraft (" UAS") to conduct aerial data collection will enhance safety by reducing risk

to 

### Eagle View Cinematography , the general public and property owners.

The 

### Eagle View Cinematography UASs, all weighing less than 55 pounds, with payload, and powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The UAS will carry no passengers or crew a nd, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of the 

### Eagle View Cinematography UASs will provide an equivalent level of safety, supporting the grant of the exemptions requested herein, including exe mpting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight UASs operate at slow speeds, close to the ground, and in a controlled environment. As a result, they are far safer than aerial data collection opera tions conducted with manned fixed wing aircraft or helicopters.

CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act

— size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

— provides more than adequate justif ication for the grant of the requested exemptions to permit 

### Eagle View Cinematography to operate UASs for aerial data collection operations in accordance with the Flight Operation M anual appended hereto.

Granting the requested exemption wi ll benefit the public interest as a whole in many ways, including (l) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving aerial data collection service operations and decreasing operating costs, and (3) providing an environmentally conscientious way of producing data by aerial means.

Please do not hesitate to contact me at any time if you have any questions about this exemption request or its attached documents.

Sincerely,

Kyle C. Strege

C hief Pilot, Eagle View Cinematograph y

### Encl osure s:

E agle View Cinematography F light Operations Manual (Note: The Flight Operations

Manual is confidential proprietary information and not intended for public release)

Phantom 3 Professional

- User Manual

Phantom 3 Professional

- Safety Guidelines

Phantom 3 Professional

- Flight Battery Safety Guidelines