# Sr£sfiepp

June 

## zznd, 2015 U.S. Department ofTransportation Federal Aviation Administrat ion 800 Independence Ave., SW Washington, DC 20591 Dear Sir or Madam: 

### 'Enterprises L.LC

Attached please find Shepp Enterprises LLC ("SE") request for an exemption from the listed Federal Aviation Regulations to allow commercial operation ofits Small Unmanned Aircraft Systems ("sUASs") for imaging real-estate, film productions, safety matters, along with the monitoring ofsecured and controlled environments. This exemption request is for the use ofDa-Jiang Innovations (DJI) UASs, a China based company. Also attached to this letter is both UAS Flight Manuals ("Manual"), which outlines the operation requirements, limitations, and technical specifications for our DJI systems. SE has reviewed these manuals and has found it to be acceptable for sUAS operat ions on its projects sights and film sets. Thankyou for your time and consideration. Please contact me ifyou have any question.
Respectfully,



# ~~z **Y** Shepp Enterprises LLC CEO/President

# SCEsfiepp

june 10, 2015 U.S Department ofTransportation Federal Aviation Administration 800 Independence Ave., SW Washington, DC 20591 

### P.nterprises ££C

Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a) & (b); 91.7(a); 91.9 (b)(2); 91.103(b); 91.109; 91.121; 91.151(a); 91.204(a) & (b); 91.405(a) (1); 91.409(a) (2); 91.417(a) & (b). Dear Sir or Madam: Pursuant to Sections 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act and 14 C.F.R. Part 11, Shepp Enterprises LLC (SE), a film production company, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operations ofits Small Unmanned Aircraft Systems ("sUA$") for aerial cinematographaphy for film and commercial productions, aerial imaging for commercial and residential real estate use, aerial imaging for safety and monitoring ofsecured and controlled environments, aerial imaging for search and rescue as well as assisting local law enforcement and rescue crews, so long as such operations are conducted within and under the conditions outlined herein or as may established by the FAA as required by Section 333. As detailed in this documentand the attached Flight Manual, the requested exemption would permit the operations sUA$ under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already bestpractices safety protocols followed by SEateach and every film set orjob location. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333 (c) ofthe Reform Act. The name and address ofthe applicant is: Shepp Enterprises LLC (UpTop Imaging & Secured Surroundings) Bradley Shepherd PH: 253-495-2223 Email: bradley@uptopimaging.com 

## I bradley@securedsurroundings.com Address: 9434 200th St E, Graham WA, 98338

# SCEsfiepp 'EnterprisesLLC

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 (b) (2) 14 C.F.R. 91.103 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 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (2) 14 C.F.R. 417 (a) & (b)



### 1. STATUTORY AUTHORITY FOR EXEMPTIONS
The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exemptions civil aircraft, as the term is defined under §40101 ofthe Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.
The Administrator may grant an exemption from a requirementofa regulation prescribed under subsections (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C §44701 (f). See also 49 U.S.C. §44711 (a); U.S.C. §44704; 14 C.F.R. §91.203 (a) (1).
Section 333 (b) or the Reform Act assists the Secretary in determining whether sUASs may operate in the National Airspace System (NAS) without creating a hazard to the use, the public, or a threat to national security. In making this determination, the Secretary must consider:

• The sUASs size, weight, speed, and operational capability • Whether the sUAS operates within the visual line ofsight ofthe operator • Whether the sUAS operates outside highly populated areas and away from close proximity to airports

# SCEsfiepp 'Enterprises ££C

SE's first sUAS multirotor vehicle weighs 3-pounds, including its fixed highperformance camera (OJI Phantom 3). SE's second sUAS multirotor vehicle weighs 6.5-pounds, with a detachable high-performance camera (OJI Inspire 1). SE's third multirotor vehicle weighs 10 pounds, with a 21-pound max payload (OJI S1000+). SE's fourth multirotor vehicle weighs 5.5-pounds, with a 7.5-pound max payload (OJI Matrice 100). They operate under normal conditions at a speed ofno more than SO knots, with the capability to hover, move on a vertical and horizontal plane simultaneously

. The sUASs will operate only in the pilots visual line ofsite atall times and will operate only within the sterile area described in the all OJI manuals, attached as Exhibit 1 (hereinafter "the Manuals"). Such Operations will insure that the sUAS will"not create a hazard to users or the national airspace system or the public." Reform Act Section 333 (b). Given the small size ofthe sUAS involved and the restricted and sterile environmentwithin which they will operate, our application falls squarely within the zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofsUASs to commence immediately. Also due to the small size ofthe sUASs and the low altitudes and restricted areas in which our sUASs will operate, approval ofthe applications presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant ofthe requested exemptions is in the public interest. Accordingly, SE respectfully requests that the FAA grantrequested exemption without delay.


### 2. Public Interest
This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333 (a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion ofthe rulemaking required under Section 333 ofthe Reform Act. By grantingan exemption, the FAA will fulfill Congress's intent ofallowing UAS to operate with significant safety precautions in low risk environments.

# SCEsfiepp 'EnterprisesL£C

The use ofsUASs to assist in aerial imaging in search and rescue can significantly reduce risk to public safety workers as well as civilians. sUASs can inspect, photograph, and collect data in and around hard to get or hazardous areas that otherwise would require personal to put themselves in danger to gather the information.
In addition, having a knowledgeable and experienced crew and personnel working with the sUASs on film productions sets as well as capturing images for real estate will decrease the amount ofinexperienced pilots by giving the clients a safer option to go with. Additionally, sUASs could replace the use ofhelicopters and small aircraft to monitor sites and capture cinematography. The sUASs we propose to fly in these applications range from payloads reaching as much as 45-pounds, with total payload and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft

. Shifting to sUASs from helicopters presents a marked safety increased for our film crews and the public. Lastly, sUASs reduce the environmental impact by dramatically decreasing the energy used for aerial imaging, data collection, and aerial cinematography for film productions. Our sUASs use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation ofsmall aircraft that are many hundreds oftimes heavier.



### 3. 

### EQUIVALENT LEVEL OF SAFETY
SE proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provided for at least an equivalentor even higher level ofsafety to operations under the currentregulatory structure because the proposed operations represent a saf ety enhancement to the already safe protocols followed on film production sites, imaging areas, and surveying operations conducted with helicopters and other conventional aircraft.

# SCEsfiepp fBnterprises££C

SE will be bound by the following limitations when conduction its sUAS operations under a FAA issued exemption: 1. The sUASs will never exceed 48 pounds at any given time. 2. Flights will be operated within visual line ofsight ofthe pilot. 3. Maximum total flight time for each operation flight will be 20 minutes

. The sUASs calculates battery reserve in real time and will return to its home within 20% battery power reserve, should that occure prior to the 20 minute limit 4. Flights will be operated atan altitude of200 feet AGL, never exceeding the 400 feet AGL. 5. Crew for the operations will consist ofthe sUAS pilot who will keep the sUAS within his/her visual sight at all times. 6. The sUAS pilotwill be trained in flight, operations, and safety procedures as detailed in the Flight Manuals and SE's requirements. 7. The sUAS will operate within a confined "Sterile Area" and will always have an established "Security Parameter" for the flight operations area. 8

. Abriefing will be conducted in regards to the planned sUAS operations prior to each day's productions activities. 9. All onsite personnel will consent to the sUAS flyover on site by waiver, and the operator will obtain additional verbal or written consent ofall persons. 10. The pilotwill have been trained in operations ofsUASs generally and receive up-to-date information on particular sUASs planned to be operated. 11. Written and/or oral permission from the relevant property holders will be obtained. 12. All required permissions and permits will be obtained for territorial, state, county and/or cityjurisdictions, to include local law enforcement, fire or other appropriate governmental agencies. 13. Ifthe sUAS loses communications or loses its GPS signal, itwill have the capability to return to a pre-determined "home" point with in the "Security Parameter and land. 14. Ifthe sUAS will have the capability to abort a flight in case unpredicted obstacles or emergencies.

### 4. DESCRIPTION OF SPECIFIC REGULATIONS
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, established the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by SE, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 21 and Section 333 ofthe Reform Act The Federal Aviation Act (49 U.S.C. §44701 (t)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an air worthiness certificate, upon consideration ofthe size, weight, speed, operation capability, and proximity to airports and populated areas or the particular sUAS. All our sUASs will be operated at low speed in a controlled environment, at least five miles from an airport and more than three miles from any densely populated area. An analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environmentand under the conditions proposed will be at least safe (or safer) than a conventional fixed 

### andjor rotary winged aircrafts operatingwith an airworthiness certificate without the restrictions and conditions proposed. The sUASs to be operated hereunder are less than 48-pounds fully loaded, carries neither a pilot nor passenger, carries no explosive material or flammable liquid fuels, and operates exclusively within a secured area. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Manual's requirements, to provide cinematography and photography for are ofoperations as is currently done on active film production sets and more. The local law enforcement as well as the FAA will have advance notice of all operations. These safety enhancements, which already appl y to civil aircraft operated in connection with film productions, provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, applications ofthese same criteria demonstrates that there is no credible threatto nation security posed by the sUASs, due to their size, speed ofoperation, location ofoperation, lack of explosive materials or flammable liquids fuels, and ability to carry and external load no greater than 20-pounds.

# SCEsfiepp f£ntetprises ££C

14 C.F.R. 45.23 (b): Marking ofAircraft This regulation requires certain experimental, provisionally certificated aircraft, or light-sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light-sport," "experimental," or "provisional," near each entrance to a cabin cockpit or pilot station.
Even though the sUASs will have no airworthiness certificate, an exemption may be needed, as the sUAS will have no entrance to the cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Given the size ofa sUAS, two 2-inch letters will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level ofsafety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the identification ofthe sUAS as "Experimental". The FAA has issued the following exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167, and 10167 A.
14C.F.R. 61.113 (a) & (b): Private pilotprivileges and limitations: Pilot in Command Sections 61.113 (a) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety operations by requiring the pilot operating the aircraft to have completed a sUAS flight-training course of 100hours before flying a sUAS as recommended by the Manual. Unlike a conventional aircraftthat carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. The area ofoperation is controlled, restricted environment. All flights are planned and coordinated in advanced. The risks associated with the operation ofthe sUAS are so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUAS as requested with a pilotwho has met the minimum requirements recommended in the manual exceeds the present level ofsafety achieved by 14 C.F.R. §61.113 (a)&(b).

# SCEsfiepp
'E

nterprises££C



### 14 C.F.R. 91.7 (a): Civil AircraftAirworthiness The Regulation requires that no person may operate a civil aircraft unless it is in the airworthy condition. As there will be no airworthiness certificates issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained in the Manual for maintenance and use ofsafety checklists prior to each flight, as set forth in Section Band Section Gand equivalent level of safety will be provided. 

### 14 C.F.R. 91.9 (b) 

### (2): Civil aircraft flight manual, marking, and placard requirements
The sUAS, given its size and configurations has no ability orplace to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access. The FAA has issued the following exemptions to the regulations: Exemption Nos.8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,32827, and 10700. 

### 14 C.F.R. 91.103: PreflightAction This regulation requires each pilot in command to take certain actions before flight to ensure the safety offlight. An exemption is needed from this requirement, as the pilotwill take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoffand landing distances, and all other actions that are required in the Pre-flight Checklist in the Manual. These actions will provide an equivalent level ofsafety. 

### 14C.F.R. 91.109: Flight Instruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instructions unless thataircraft has fully functioning dual controls.

# SP,sfiepp 'Enterprises ££C

By design, sUASs and remotely piloted aircrafts do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications

. The FAA has previously approved exemptions for aircraftwithout fully functional dual controls. See Exemptions Nos. 5778K & 9862A. The equivalent level ofsafety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller, and by the size and spped of the aircraft. 

### 14 C.F.R. 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (b) allows helicopters to be operated at less than minimums prescribed, provided the person operating the helicopter complies with any route or altitudes of200-feetAGL, so an exemption may be needed to allow such operations. The sUAS will never operate at altitude higher than 400-feetAGL and will be in restricted area with security parameter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed of the sUASs, as well as the location where it is operated. No flight will be taken without the permission ofthe property owner and local officials. Because ifthe advance notices to the property owner and any onsite personnel, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 52 pounds proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircrafts operating at or below 500-feetAGL in the film industry. In addition, the low altitude operations ofthe sUAS will ensure separation between these sUAS operations alongwith operations ofconventional aircraft that must comply with Section 91.119. 

### 14 C.F.R. 91.121: Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set"

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUASs may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalentlevel ofsafety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

# SCEsfiepp 'Enterprises ££C



### 14C.F.R. 91.151 (a): Fuel requirements for flight in VFR conditions Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUASs are limited to operations in sterile and controlled environments and has a limited range and flight time, which required and exemption from 14 C.F.R. 91.151 (a). The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30-minute reserve requirement in 14 C.F.R. §91.151, sUAS flights would be limited to approximately 5 minutes in length. Given the limitations on the sUASs proposed flight area and location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.
SE believes thatan exemption from 14 C.F.R. §91.151 (a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operation the sUAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes or reserve fuel, does not engender the type ofrisks that Section 91.151 (a) was intended to alleviate, given the size and speed ofthe sUAS. Additionally, limiting sUAS flight to 10 minutes would greatly reduce the utility for which the exemption will be granted.
An equivalent level ofsafety can be achieved by limiting flights to 30 minutes, or enough batteryreserve to ensure that the sUAS lands at the grounding station with atleast 20% ofbattery power (as determined by the onboard monitoring system and the pilot)., whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,10673, and 10808.

# SCEsfiepp 'Enterprises ££C



### 14 C.F.R. 91.203 (a) & 

### (b): Carrying civil aircraft certification and registration The regulation provides in part: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: 1. An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis 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. The sUAS fully loaded will never surpass 45 pounds and is operated without an onboard pilot. Therefore there is no ability orplace to carry certification and registration documents or to display them on the sUAS. An equivalent level ofsafety will be achieved by keeping these documents at the ground flight control point where the pilot operating the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. Arepresentative sample of these exemptions includes Exemption Nos. 9565,9665,9789, 9789A, 9797, 9797 A, 9816A, and 10700. 

### 14 C.F.R. 91.405 (a) 

### (1); 409 (a) (2); 

### 417 (a) & 

### (b): Maintenance inspections
These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpartE ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section have discrepancies repaired as prescribed in part43 ofthis chapter

..." and other shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 applies only to aircrafts with an airworthiness certificate, these sections will not apply to SE. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent level ofsafety will be achieved because these sUASs are very limited in size and will carry a small payload along with operate only in restricted areas oflimited period oftime. Ifmechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400- feet AGL. As provided in the Manual, the operator will insure that the sUAS is in

# SC£snepp 'Enterprises £LC

working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and bestsuited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety

. 

### ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R. 45.23 (b); 14 C.F.R. §61.113 (a) 

### & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1); 91.409 (a) (2); and 91.417 (a) 

### & (b) to operate commercially a small unmanned vehicle (55 pounds or less) in operations pertaining to (but not limited to) professional cinematography and commercial productions, aerial imaging for commercial and residential real estate use, aerial imaging for safty and monitoring ofsecured and controlled environments, aerial imaging for search and rescue ans well as assisting local laws enforcementand rescue crews. Approval ofexemptions allowing commercial operations for sUASs in or industry enhances safety while reducing risk. Manned aircraft filming and surveying creates a greater risk because the crafts are much larger, have combustible fuel, and carry and onboard human pilot. In contrast, a sUAS weighing fewer than 45 pounds and powered by batteries eliminates virtually all ofthat risk given. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircrafts flights. The operation ofsUASs, weighting less than 45 pounds, conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the application from the requirements ofPart 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer than conventional operations conducted with turbine helicopters operating close proximity to ground and people.

# SCEsfiepp f£nterprises££C
Privacy All flights will occur over private and controlled access property with the property 

### owner's prior consent and knowledge. I mages taken will be ofindividuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photographyand cinematography will take place

. 

### ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas and operations within visual line ofsight and national security

- provide more than adequatejustification for the grant ofthe requested exemption allowing commercial operation ofthe applicant's sUASs in the filming and photography industry pursuant to the Manual appended hereto.
Respectfully,



# u~ Bradley Shepherd President/CEO bradley@uptopimaging.com bradley@securedsurrounding.com +1.253.495.2223