May 20, 2015 Section 333 Exemption Petition - IRISMAGIC

U.S. Department Of Transportation Docket Management System 12000 New Jersey Ave, SE Washington, DC 20590

From: Iris Magic Photo Studios LLC & Iris Magic Media LLC Russell E. Medley III
1042 Suncrest Town Centre Morgantown, WV 26505
Office: 304.241.5562

Mobile: 304.777.8408

Email: emery@irismagic.com

Re: Exemption Request Section 333 of the FAA Reform Act of the 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); 91.105; 91.109; 91.119; 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Ma’am,

I, Russell E. Medley on behalf of Iris Magic Media LLC , herewith known as the petitioner, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I may operate my small ultra light weight unmanned aircraft system (“sUAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”). The petitioner has over 7 years operating UA as a hobby, enthusiast, and for IrisMagic Media LLC. While at Norfolk State University, I received 6 credit hours in Airway Science. While in the U.S. Army, I received Certification as an Aerial Delivery and Materials Officer at Fort Lee, VA, and obtained The Parachute Rigger Badge also at Fort Lee,Va. I have experience flying RC aircraft and in particular have been flying RC quadcopter for over three and a half years and other RC aircraft prior to that. I have over 300 hours experience flying RC quadcopters of the type referenced in this

document.

The petitioner has in his possession two semi professional grade quadcopters sUAS with an integrated 4k still/video camera system with intent for aerial videography/ cinematography to enhance academic community awareness, produce wedding films and videos, sports photography, music and motion picture productions and other flight operations, following exemption and approval by the FAA. The petitioner has instilled safety protocols and controls to avoid and prevent public hazard. The petitioner believes that his background in airway science and years of producing wedding and sports films, professional videography can assist the FAA in developing operational and safetyMay 20, 2015 Section 333 Exemption Petition - IRISMAGIC

protocols for lightweight UAS's as their integration into the national airspace system is explored and developed.

I and on behalf of Iris Magic Media LLC, I am interested in operating small unmanned aircraft systems (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) for the purposes of aerial photography, videography/ cinematography and other responsible flight operations that could be performed safely and more cost effectively with the use of a small sUAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. Commercial operations will be performed only at the request of and with the authorization and permission of clients, communities or their authorized agents in order to facilitate commerce and raise awareness of the responsible and beneficial uses of small unmanned air systems. 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.

Granting my request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate and other community related purposes. Further I will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below the petitioner respectfully requests the grant of an exemption allowing me on behalf of Iris Magic Media LLC to operate ultra light weight, remote controlled UAS’s for the purpose of enhancing academic community awareness, producing wedding films and videos, sports photography, music and motion picture productions and other flight operations,May 20, 2015 Section 333 Exemption Petition - IRISMAGIC

I. Contact Information:

Iris Magic Photo Studios Russell E. Medley
1042 Suncrest Town Centre DR Morgantown, WV 26505
Office: 304.241.5562

Mobile: 304.777.8408

Email: emery@irismagic.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which The Petitioner Requests Exemption are:

14 C.F.R. 45.23(b); 14 C.F.R. 21; Subpart H 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b)(2); 91.105; 91.109; 91.119; 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (1) &(2); 91.417(a)&(b) Aircraft markings Certification procedures; Airworthiness Certificates Pilots, Flight Instructors and
Ground Instructors Airworthiness
certificate Aircraft flight manual Preflight action Flight crew members at stations Flight instruction
Minimum safe altitudes Altimeter settings Fuel requirements for flights in VFR
conditions Aircraft certifications and registrations Maintenance required Operation after maintenance Inspections

Maintenance recordsMay 20, 2015 Section 333 Exemption Petition - IRISMAGIC

III. The Extent Of Relief The Petitioner Seeks And The Reason He Seeks Such
Relief:

These are in accordance with FAA Publication: Public Guidance for Petitions for Exemption Filed under Section 333 (Rev. 9/25/14). The petitioner submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent the petitioner from contemplated commercial videographic, academic and other flight operations within the national airspace system (NAS). The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. The petitioner’s ultra light weight sUAS meets the
definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra lightweight sUAS is expressly contemplated by the Reform Act. I would like to operate my ultra lightweight sUAS’s prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. My airway science background and commercial videography background applied to UAS’s can provide direct experience and valuable information to develop requirements and protocols for formal regulation that can be administered regarding various applications related to UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for the petitioner. Similar exemptions to Gary, J Huett (No. 11595), Astraeus Aerial (No. 11062) and Douglas Trudeau (No. 11138), as well as others have been recently granted that cover the same relief from regulations as requested in this petition for exemption. The above two, amongst other, petitions have been reviewed with the petitioner’s exemption being substantially similar to that of Douglas Trudeau in use of the UAS for local community related matters rather than professional movie making.

A. 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).May 20, 2015 Section 333 Exemption Petition - IRISMAGIC

The size, weight and enclosed operational area of the petitioners UAS permits exemption from Part 21 because the UAS meets (and exceeds) 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 UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. The petitioners UAS meets or exceeds each of the 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. Proper maintenance will be regularly applied to keep the UAS airworthy.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual as presented in this document delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS has no altimeter settings. It, however, utilizes electronic global positioning systems with a barometric sensor providing instantaneous telemetry to the PIC as to the altitude (AGL)
of the UAS above the takeoff location.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by the petitioner.

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS is, by definition, unmanned. It, therefore, does not havea cabin, cockpit or pilot station on which to mark certain words or phrases. Further, twoinch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark the UAS in the largest possible lettering by placing an N number registered with the FAA on its fuselage so that I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. The petitioner can achieve an equivalent level of safety as achieved byMay 20, 2015 Section 333 Exemption Petition - IRISMAGIC

current regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a commercial pilot license will not ensure remote control piloting skills. The PIC also possesses over 300 hours experience flying the UAS in a variety of locations and conditions. The risks attendant to the operation of my UAS are far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing the petitioner, a licensed Private Pilot with a current Third Class Medical Certificate to operate my UAS commercially meeting and exceeding current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.105: Flight Crew Members at Stations

Since there is no flight crew onboard the UAS, the above-cited regulation is inapplicable. However, in keeping with the direction of the regulation, the PIC of the UAS and VO will be at their respective crew member stations on the ground during takeoff and landing as well as the complete duration of the flight.

E. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 400 feet AGL unless other altitude limits are forthcoming by the FAA. The petitioner will operate the UAS in a manner protecting the public and any consenting participants, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be

achieved.

F. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a)(1)&(2); 417(a) & (b): Maintenance Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to the petitioners UAS. However, as a safety precaution I inspect my UAS regularly as well as before and after each flight and have a maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

IV. How The Petitioners Request Will Benefit the Public As A Whole:

Aerial videography for weddings, community awareness, marketing, music videos, academic training, sports films, and other flight operations has been around for many years through manned fixed wing aircraft and helicopters. For small budget operations, local community awareness and the average business/homeowners, the expense andMay 20, 2015 Section 333 Exemption Petition - IRISMAGIC

operation of such aerial videography can be both cost and logistically prohibitive. Only large companies, In addition, attempting to get still photos, much less high quality, stabilized video of a community, home, farm, or business is often logistically difficult or impossible using a full size aircraft or helicopter due to flight restrictions, ground proximity, trees and other hindrances, not to mention highly intrusive noise levels and other drawbacks to the neighboring community. Also, the physical logistics of maneuvering a full sized fixed wing aircraft or helicopter adds an element of risk and danger due to the possibility of crashing and ensuing fire. The proper use of an ultra lightweight, battery powered, GPS stabilized, UAS removes that element of danger, while at the same time making available the opportunity to acquire high quality images and video to the community at an economical cost. New perspectives and creative presentations of features of the community are made available that were not previously possible. This opens up a whole new economic avenue for community awareness, development and enhancement in many areas, some yet to be explored and discovered, similar to the advent of aviation. The lower cost and greater utility facilitates a whole new dimension to community related presentation options that were previously

not available.

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting the petitioners exemption request furthers the public interest through academic/visual awareness, decreased risk to the public and newly accessible scales of economy. Our ultra lightweight UASs are battery powered and creates no emissions that can harm the environment. The consequence of our ultra lightweight UASs crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public. Due to their size, limited maneuverability, and flight limitations manned aircraft also cannot provide the community with the versatile, high quality, stabilized video/ cinematography that can be gained through the responsible operation of a small UAS

.

Some specific areas where the petitioner’s use of a UAS may benefit the public as a

whole are: • Aerial videography/cinematography to enhance academic community awareness - community events, outdoor functions, business promotions, video productions

• Other flight operations – other areas that may develop

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery operated ultra lightweight UAS. Permitting the petitioner to immediately fly within national air space stimulates economic growth in the community. In addition, due to my UAS and Airway experience, the petitioner can knowledgeably relate back to the FAA valuable input to establish requirements and protocols for the proper integration of UAS’s into the national airspace system.May 20, 2015 Section 333 Exemption Petition - IRISMAGIC

V. Reasons Why Granting the Petitioners Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: The following information is provided for the FAA to effectively analyze the petitioner’s sUAS operation with regard to safety:

Our, Iris Magic Media LLC / Iris Magic Photo Studios LLC, exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting us, Iris Magic to log more flight time in FAA controlled airspace, with communication with the FAA, will allow us to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for Wedding Photographers and Videographers. In addition We, Iris Magic, submit the following representations of enhancements to current aerial videography and photography:

• Our UAS weighs less than 15 pounds complete with gimbal and high resolution Panasonc GH4 Cameras and well factory mounted cameras ;

• We only operate our UAS below 300 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012);

• Our UAS only operate for 10-15 minutes per flight;

• We land our UAS prior to manufacturer recommended minimum level of battery

power;

• We pilot our UAS through remote control only by line of sight;

• Our UAS has GPS a flight safety feature whereby it hovers and then slowly lands

• if communication with the remote control pilot is lost;

• We actively analyze flight data and other sources of information to constantly update and enhance safety protocols;

• We only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas;

• We conduct extensive pre-flight inspections and protocol, during which safety carries primary importance;

• We always obtain all necessary permissions prior to operation; and,

• We have procedures in place to abort flights in the event of safety breaches or potential danger.

The two UAS systems we use are manufactured by DJI ( www.dji.com ):

-INSPIRE 1 & Spreading Wings S1000+ (equipped with panasonic gh4) http://www.dji.com/product/inspire-1 http://www.dji.com/product/spreading-wings-s1000-plus

VI. A Summary The FAA May Publish in the 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 limited operational area of my UAS permits exemption from PartMay 20, 2015 Section 333 Exemption Petition - IRISMAGIC

21 because the petitioner’s UAS 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 UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the 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 UAS's, 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 Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 requires altimeter settings in the aircraft. Since there are no such settings possible and the UAS provides real- time GPS and barometric telemetry to the PIC, this regulation is inapplicable. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. This regulation is inapplicable as to the small size of the UAS, however, the petitioner will maintain any required certifications and registrations. 14 C.F.R. § 45.23: Marking of The Aircraft. Due to the small size of the UAS, two inch lettering is inapplicable. However, an N- number as large as possible, registered with the FAA will be put on the fuselage. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. The risks attendant to the operation of my UAS are far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing the petitioner, a licensed Private Pilot with a current Third Class Medical Certificate to operate my UAS commercially meeting and exceeding current safety levels. 14 C.F.R. 91.105: Flight Crew Members at Stations. The PIC of the UAS and the VO will remain at their respective stations during takeoff and landing as well as the duration of the flight. 14 C.F.R. 91.119: Minimum Safe Altitudes. My UAS will not operate at an altitude greater than 400 feet AGL unless other altitude limits are forthcoming by the FAA. The petitioner will operate the UAS in a manner protecting the public and any consenting participants, providing a level of safety at least equivalent to

or below those in relation to minimum safe altitudes. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a)(1)&(2); 417(a) & (b): Maintenance Inspections. These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to the petitioner's UAS. However,

as a. safety precaution I inspect my UAS regularly as well as before and after each flight and

have a maintenance program that involves regular software updates and curative measures for

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

In summary, the petitioner seeks an exemption from the following Regulations:May 20, 2015 Section 333 Exemption Petition - IRISMAGIC

14 C.F.R. 21, subpart H; 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(b); 14 C.F.R. § 91.105; 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.15l(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(l); 14 C.F.R. § 91.409 (a)(1)&(2); 14 C.F.R. § 91.409 (a) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate the petitioners small unmanned vehicle/lightweight unmanned aircraft vehicle for aerial videography/ cinematography/photography, to enhance academic community awareness, produce wedding films and videos, sports photography, music and motion picture productions and other flight operations

.

Sincerely,

Russell E. Medley III, PIC, General Manager Iris Magic Media LLC / Iris Magic Photo Studios