1 December 21 , 20 15
U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590 Re: Petition of John Sciarrino (D.B.A. Giovanni Photograph y) for an Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, Subpart H; 61.113(a) & (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) & (b). Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11 , John Sciarrino (D.B.A. Giovanni Photograph y) does hereb y appl y for an exemption from the Federal Aviation Regulations ("FAR's") identified below, to allow commercial use of small unmanned aerial s ys tems ("sUAS") for the purpose of aerial photography and filmmaking under certain conditions set forth in the John Sciarrino (D.B.A. Giovanni Photograph y) confidential Flight Operations Manual and identical conditions set forth in the FAA

- issued "Exemption No. 11062", and related exemptions issued to operators for closed set filming. Also, pursuant to 14 CFR § 11.87, we request that the FAA not publish this petition request in the Federal Register and not delay action based on the following:
1. This petition for exemption does not set precedent. Previous identical exemption requests have been approved. 2. The requested relief is identical to exemptions granted previously , specifically , Exemption(s) Nos. 11062 (Astraeus Aerial), 11066 (Aerial MOB), 11065 (Helivideo), and others. 3. A delay

in action on this petition would adversel y affect pending requests for aerial filming operations and result in lost opportunity and wages f

or participating crew, and a delay

in the public benefit of granting this petition. In addition, a competitive advantage for unapproved commercial sUAS operators exists and continues to grow every

day

. 4. We are filing this exemption petition immediately following the finalized operations manual with respect to newl y acquired sUAS. Notwithstanding the request not to publish this petition request in the Federal Register, John Sciarrino (D.B.A. Giovanni Photograph y) as submitted supporting materials includi ng the confidential "Flight Operations Manual" which are confidential documents pursuant to 14 CFR § 11.35(b) and are not available to the public.2 **Pursuant to 14 CFR § 11.87:** a) The name and address of the applicant: Jo hn Sciarrino (D.B.A. Giovanni Photography) 660 Tamiami Trail N. Suite #27 Naples , Florida 34102 b) 14 C.F.R.

- Regulations for which exemption is requested:
1. Part 21, Subpart H 2. 61.113(a) and (b) 3. 91.119(c) 4. 91.121 5. 91.151(a) 6. 91.405(a) 7. 91.407(a)(1) 8. 91.409(a)(2) 9. 91.417(a) and (b) These regulation exemption requests are identical to the exemptions determined as necessary

by the FAA in previously

approved exemption petitions as described above. c.) The extent of relief sought, and reason for seeking relief:
1. Part 21 Subpart H: Airworthiness Certificates The FAA has determined that no exemption is required of this section if a finding is made under the Reform Act that the sUAS selected provides an equivalent level of safety whe n compared to aircraft normall y used for the same application. As the aircraft specified in this exemption request meet the size, weight, speed and other characteristics of sUAS aircraft specified in previously approved exemption requests as noted, no exemption is believed to be needed. If, however, an exemption is determined to be needed b y the FAA after review of this petition, one is requested. An equivalent or greater level of safety is obtained when sUAS phy sical and operating characteristics, safety sy stems, maintenance requirements and other operating procedures as set forth in the attached Confidential Flight Operations Manual are adhered to.3 2. 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. John Sciarrino (D.B.A. Giovanni Photograph y) is seeking relief from this regulation as the requirement for a Commercial Pilot L icense with a second class medical would be an unnecessary burden on the operator with regard to obtaining and certifying UA pilots. The UAS will not carry

a pilot or passengers, and the proposed operations can achieve the equivalent level of safety b y requiring the pilot to possess a private pilot's license onl y, with a valid third class medical. This level of kn owledge and skill combined with the proposed operating procedures described in the Flight Operations Manual (VLOS only , closed

- set requirements, etc.) will more than 4727 regard to persons or property on the ground. The additional knowledge and skill requirements for a Commercial Pilot's license do not add any level of safety with respect to closed

- set small UAS operations in the same manner they do with full scale, passenger

- carrying aircraft. An equivalent or greater level of safety is achieved by

r equiring UA pilots to have a minimum number of hours logged, flight sequences, knowledge and experience testing, etc. as described in the Flight Operations Manual.

3. 91.119(c): Minimum Safe Altitudes. John Sciarrino (D.B.A. Giovanni Photograph y) is seekin g relief from this regulation as the primary purpose of the UAS operation is to provide 'low altitude' aerial cinematography and photograph y s ervices. This section prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle or structure in uncongested areas. As sUAS aircraft are much smaller, lighter, and operate at much slower speeds than full size aircraft, and do not carry

explosive fuel, the potential for injury and damage to persons and property on the ground is significantl y lower in the event of an uncontrolled descent. In addition, with respect to participating persons on the ground, a full safety briefing would be conducted describing flight operations, including any risk. This is similarly

done with restrictions and guidelines for full size aircraft in accordance with an approved Motion Picture and Television Operations Manual, the applicable sections of which are included in the FCAP Flight Operations Manual. An equivalent or greater level of safety is obtained than when using full size aircraft in similarly

approved filming operations as the potential for injury and damage is significantl y reduced when appl yi ng size, weight and speed restrictions on the UA. Also, the UA has built in safety features such as autoland, ability to control with loss of an engine, etc. that full size aircraft may not have.4 4. 91.121: Altimeter Settings John Sciarrino (D.B.A. Giovanni Photograph y) is seeking relief from this regulation as the UA will not have a barometric altimeter. An equivalent or greater level of safety exists as although the UA does not have a ty pical barometric altimeter onboard, it does report GPS AGL altitude to the PI C via radio telemetric feed. This is combined with the UA being operate d within visual line of sight and below 400’ AGL, and the pilot requirements to verify AGL reading prior to liftoff (as contained in the Flight Operations Manual).
5. 91.151(a): Fuel Requirements for Flight in VFR Conditions John Sciarrino (D.B.A. Giovanni Photograph y) is seeking relief from the fuel requirements of this FAR as current battery technology

allows the UA to fly for approximately

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- 30 minutes in normal conditions. As 91.151(a) requires a 30

- minute reserve AFTER reaching the point of intended landing, there is no practical flight possible under this regulation. An equivalent or greater level of safety exists as the exact battery level remaining is transmitted to the pilot via radio telemetry , and given that the operating area for the UA is in cl ose proximity to the pilot (VLOS), an unsafe condition where the UA is unable to return for landing due to low battery condition is easil y avoidable. Additionally , should a defective battery prematurel y deplete, the UA is configured to autoland above the point at which the flight controller detects low voltage. And, as part of the John Sciarrino (D.B.A. Giovanni Photograph y) Operations Manual, it is a requirement that any flight be terminated if telemetry is lost. Otherwise, a flight limit of 30 minutes or 25% battery remaining is prescribed.
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- 9. 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections John Sciarrino (D.B.A. Giovanni Photograph y) is seeking relief from the above stated FAR's as the UA will not have an airworthiness certificate. Therefore there is no requirement to perform an inspection in order to maintain airworthiness as stated in Appendix D to Part 43 for 100hr. and annual inspections. An equivalent or greater level of safety exists as the John Sciarrino (D.B.A. Giovanni Photograph y) Flight Operations Manual does prescribe regular maintenance and inspections, compliance with manufacturer's service bulletins, test flights after maintenance, technician training, and so forth, in the spirit of the scope and detail of Appendix D to Part 43. In addition, while mechanical failures are not out of the question, a crash resulting from a catastrophic failure has a very small amount of risk of injury when compared to a failure in a passenger carrying fu ll size aircraft, for which this regulation was intended.5 d) Public Interest: John Sciarrino (D.B.A. Giovanni Photograph y) believes that allowing commercial use of small

- unmanned aircraft will enhance the safety of filming operations b y reducin g the risk associated with low altitude full size aircraft operations. A manned, turbine powered helicopter operating in close proximity to production personnel and actors on the ground has a far greater risk of injury than a small, lightweight UA carrying no combustible fuel, especially when the UA is operating within the parameters of the FCAP Flight Operations Manual. Additionally , the safe integration of sUAS within the national airspace is a growing concern amongst pilots, the FAA, and general public. This exemption would provide a safe stepping

- stone to a more robust set of future sUAS rules. e) Level of Safety : As outlined in each of the FAR's above for which relief is sought (underlined). f) Summary : John Sciarrino (D.B.A. Giovanni Photograph y) seeks exemption from the following rules for the commercial operation of a small unmanned aerial sy stem in order to conduct filming and photograph y operations below an altitude of 400’ AGL and within a limited operating area: 14 C.F.R. Part 21, Subpart H; 61.113 (a) & (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) & (b). This exemption will enhance the level of safety currentl y able to be obtained using full sized manned helicopters for the same ty pe of work.
g) Additional In formation: Additionally , the sUAS aircraft specified in the attached Flight Operations Manual are unmodified, commercially produced aircraft by

the largest consumer sUAS manufacturer worldwide, and have the largest user base of any s UAS, wi th a proven safety

record. Size, weight, speed limitations and other operating restrictions are described in the attached Flight Operations Manual and are consistent with other previously approved Section 333 exemptions for filmmaking. For reference, the UA specified have a gross weight of less than 55lbs and fly at a speed of no more than 50kts, carry neither a pilot nor a passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a secured area as set out in the Flight Operations Manual. Inaddition, integrated safety features ensure the safety of persons and property within and surrounding the limited operating area by employing automatic ‘return to home and land’ in the event of command and control failure, and othe r safety features as described in the Flight Operations Manual.6 The following document is included in this petition, marked as Proprietary and Confidential:
1. John Sciarrino (D.B.A. Giovanni Photograph y) Small Unmanned Aerial Sy stems Flight Operations Manual Rev. 1.0 dated 09

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- 20 15 2. Motion Picture & Television Operations manual Rev 1.0, dated 09/01/2015

Sincerel y,

Jo hn Sciarrino (D.B.A. Giovanni Photography) 660 Tamiami Trail N. Suite #27 Naples, Florida 34102 (239) 263

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