5548 S. Fuchsia Place, Boise, ID 83716 (208) 391

- 3677

April 30, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey

Ave., SE Washington, DC 20590

**Josh Cremer Photo and Video, LLC Petition for Exemption to Operate Unmanned** 

**Aircraft Systems for Aerial Photography and Filming**

FAA Regulatory

Docket

**NAME AND ADDRESS OF PETITIONER COUNSEL FOR PETITIONER**  Josh Cremer Photo & Video, LLC L. Shay McArthur Attn: Josh Cremer MCARTHUR L AW, PLLC 17062 N. Tanner Place 5548 S. Fuchsia Place Nampa, ID 83867 Boise, ID 83716 (208) 51406239 (208) 724

- 8208 josh@joshcremer.com shay @mcarthurlaw.orgMcArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 2 **I. PETITION SUMMARY**  Pursuant to Section 33 3 of the FAA Modernization and Ref o rm Act of 2012, Pub. L. No. 112

- 95 (2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general exemption authority under 49 U.S.C. § 44701(f), Josh Cremer Photo & Video, LLC (“Petitioner”) hereb y petitions for exemptions from 14 C.F.R. Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b) (2), 92.103(b)(1), 91.119(c), 91.121, 91, 151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)

- (b). The proposed exemptions, if granted, would allow Petitioner to operate, small camera

- mounted unmanned aircraft sy stems (“UAS”) weighing 55 pounds for less for the purpose of close

- set filming of videos, web videos, corporate videos, real estate videos, and still photograph y. Based on the small size of Petitioner’s UAS, the qu alifications and experience of Petitioner’s UAS operators, and the restricted environment within which Petitioner will operate, the requested exemptions fall squarel y within the zone of safety envisioned by

Congress and set forth in Section 333. Additiona lly , the enhanced safet y achieved b y replacing significantl y larger manned aircraft carrying crew and flammable fuel with the small UAS carrying no passengers or crew and operated under the specific guidelines and procedures proposed by Petitioner gives th e FAA good cause to find that the UAS operations enabled by the instant Petition are in the public interests. Thus, the requested exemptions should be granted.

**II. BACKGROUND**  For the past ye ar , Petitioner’s production and filming have provided video ser vices for corporate and private individuals. Combining the latest in technology and an superb safety record, Petitioner’s skill and knowledge has been used by local, national, and international organizations. In order to continue to provide the highest l evel of service, and promote safety byMcArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 3 eliminating the need for large manned aircraft, Petitioner seeks regulatory exemptions that will allow Petitioner to employ camera mounted UAS technology in the filming and production process. **III. STATUTORY AUTHORITY**  A. Section 333 Section 333, titled “Special Rules for Certain Unmanned Aircraft S ys tems,” provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the National Airspace Sy stem (“NAS”). Section 333(a) states that the FAA “shall determine if certain unmanned aircraft sy stems may operate safely

in the NAS before completion of the plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operational authorization.” The FAAA has committed to complying with this mandate by

granting several petitions almost identical to the one at hand. See, e.g., Exemption No. 11062, R egulatory Docket No. FAA

- 2014

- 0352 (granting regulatory exemptions to Astraeus Aerial for operation of unmanned aircraft s ys tems for the purpose of filming for the motion picture and television industry). Section 333(b) identifies several factors that th e FAA should consider in determining whether commercial UAS operations should be approved. The include UAS that, “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 the users of the [NAS] or the public or pose a threat to national securit y.” See Section 333(b). B. Section 44701(f) In addition to the specific authority conferred b y S ection 333, the FAA Administrator has general authority

to grant exemptions for the FAA’s safet y regulations and minimum standardsMcArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 4 when the Administrator decides a requested exemption is in the public interest. See U.S.C § 44701(f). **IV. REQUESTED EXEMPTIONS**  Petitioner requests relief from the following regulations: Part 21 prescribes, in pertinent part, the p rocedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. Section 61.113 prescribes that “no person who holds a private pilot certificate may act as
a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may

that person, for compensation or hire, act a s pilot in command of an aircraft,: (see Section 61.113(a)), and that “a private pilot may , for compensation or hire, act as pilot in command of an aircraft in connection with an y business or employment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire,” (see Section 61.113 (b)). Section 61.133(a) sets forth privileges for persons holding commercial pilot certificates, including a provision impliedly limiting to persons holding a commercial pilot certificate the ability to act as pilot in command of an aircraft “[f]or compen sation or hire.” Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworth y condition. Section 91.9(b)(2) prohibits operation of U.S. registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof. Section 91.103(b)(1) pr escribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include, “For an y flight, runway lengths at airports of intended use, and the following take offMcArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 5 and landing distance information:... For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein.” Section 91.119(c) pr escribes that, except when necessary for takeoff or landing, no person may

operate an aircraft below the following altitudes: “Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.” Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by

reference to an altimeter th at is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure.” Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and 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. Section 91.203 prohibits, in subpart (a), an y person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Registration Application as provided for in § 47.31(c). Section 91.203 prescribes, in subpart (b), that no person may operate a civil aircraft unless the airworthiness certificate 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. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have the aircraft inspected as prescribed in s ubpart E of the same part and shall, between requiredMcArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 6 inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in Part 43 of the chapter. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alteration unless it has been approved for return to service b y a person authorized under § 43.7 of the same chapter. Section 91.409(a)(2) prescribes, in p ertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) prescrib es, in pertinent part, that

- (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventative maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to servic e. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor.McArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 7 (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required b y the in spection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safet y directives including, for each, the method of compliance, the AD or safet y directive number and rev isions date. If the AD or safet y directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed e ngines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.McArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 8 (3) A list of defects furnished to a registered owner or operator under §

43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **V. PETITIONER’S PROPOSED OPERATIONS SATISFY SECTION 333.**  A. Unmanned Aircraft Sy stems The UAS to be operated under this request are less than 55 lbs. fully loaded, will be operated at a speed of no more than 50 knots, carry neither a pilot nor passenger, carry no explosive materials or flammable liquids, and operate exclusively within a sec ured area. Petitioner’s UAS use a radio frequency spectrum for operation and control that complies with Federal Communications Commission (“FCC”) requirements, and Petitioner has integrated safet y features into the UAS, as described in Petitioner’s UAV Pre

- Flight procedure and UAV In
- Flight & Post

- Flight Procedure (colle ctivel y referred to as, “operations manuals”). 1 Petitioner’s UAS are equipped with redundant safety mechanisms allowing them to operate safel y after experiencing certain in

- flight failures. If a lost

- link event occurs, including the loss of ground communications and/or the loss of a GPS signal, Petitioner’s UAS have the ability to perform a pre

- coordinated, predictable, automated flight maneuver and return to a predetermined location within a designated security perimeter for landing. The UAS further have the ability

to abort a flight in the event of unpredicted obstacles or emergencies. All flights will be terminated after a maximum of 15 minutes or with 30 % remaining battery power, whicheve r occurs first. Thus, good cause exists for granting Petitioner’s requested relief from 14 C.F.R. § 91.151(a) (setting forth fuel requirements for flight in VFR conditions).

1 The Operating	Manual	is submitted along	with	this	petition.McArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 9 Petitioner’s UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable. Regarding Petitio ner’s requested relief from 14 C.F.R. § 91.121 (Altimeter Settings), Petitioner seeks such relief because Petitioner will not have a typical barometric altimeter onboard the UAS. Instead, altitude information will be provided to the UAS PI C via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display . The altitude information will be generated by equipment installed onboard the UAS, using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or an y combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy

by the UAS PI C. Thus, good cause exists for granting the requested relief from 14 C.F.R. § 91.121. Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by

the applicant, an exemption from 14 C.F.R. Part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is warranted (if necessary) and meets the requirements for an equivalent level of safety under 14 C.F.R. Part 11 and Section 333. The UAS operated without an airworthiness certificate in the restricted environment and under the conditions and limitations proposed b y Petitioner will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issued under 14 C.F.R. Part 21, Subpart H, and not subject to the proposed limitations and conditions. Petitioner will stric tly

comply with safet y and maintenance procedures included in all applicable UAS manufacturer’s instructions and operating manuals. To the extent such information is not included in the guidelines developed by the manufacturers, Petitioners will develop an d document maintenance, overhaul, replacement, and inspection requirements,McArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 10 procedures to document and maintain maintenance records with regard to Petitioner’s UAS, and UAS technician qualification criteria. Petitioner’s operations manuals will include mai ntenance requirements for Petitioner’s UAS, including “on

- condition” maintenance and modifications. In light of these mitigating factors, exemptions from 14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) are warranted. B. UAS Pilot in Command Petition er’s UAS pilot in command (PI C) shall not be required to hold a current pilot’s license because it will only operate in Class G Airspace . Since there are no standards for either private or commercial UAS pilot certificates, know ledge of airspace regulations acquired from FAA ground school and dexterity in the control and operation of the UAS acquired from actual operation of the aircraft will be the most important factors in establishing an equivalent level of safet y. According t o the FAA, “the FAA considers the overriding safety factor for the limited operations proposed b y the petitioner to be the airmanship skills acquired through UAS

- specific flight cycles, flight time, and specific make and model experience, culminating in ve rification through testing.” See Exemption No. 11062, Regulatory Docket No. FAA

- 2014

- 0352, at p. 18. With those factors in mind, Petitioner’s UAS PI C shall be required to meet several conditions and limitations as outlined in the Operations Manual , includi ng the following:

 The UAS PI C will have accumulated and logged a minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS ty pe (single blade or multi

- rotor).

 The UAS PI C will have accumulated and logged a minimum of five hours of flight time with the specific make and model of the UAS to be utilized for operations under the exemption and three takeoffs and landings in the preceding 90 day s.McArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 11
 The UAS PI C will have succ essfull y completed the qualification process as

specified in the operations manuals, to include a knowledge and skill test. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.7(a), it is Petitioner’s understanding that Petitioner’s UAS will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H, and that exemption from 14 C.F.R. § 91.7(a) is therefore unnecessary . To the extent such an exemption is deemed necessary , Petitioner asserts that it should be granted in light of the safet y procedures proposed herein. In accordance with the pertinent part of 14 C.F.R. § 91.7(b), the operator in command of Petitioner’s UAS shall be responsible for determining whether the aircraft is in a safe condition for flight. Petition er’s manuals for maintenance and operations shall include safety checklists to be used b y the operator in command prior to each flight. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.9(b)(2) (Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) and (b), (Civil aircraft: certifications required), it is Petitioner’s understanding that relief from these regulations is no longer necessary in light of the FAA Memorandum “Interpretation regarding whether certain required d ocuments may be kept at an unmanned aircraft’s control station,” dated August 8, 2014. To the extent the FAA deems an exemption from this section necessary for Petitioner’s proposed operations, such exemption should be granted in light of the mitigating fa ct that Petitioner will maintain the documents required under 14 C.F.R. §§ 91.9 and 91.203 at the UAS ground control station during flights. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply with the other appli cable procedures and requirements stated in § 91.103(a) and (b). Specificall y, the PI C will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances before initiation of aMcArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 12 flight. The PIC will also account for all relevant site

- specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a return

- to
- home sequence if needed. T he PI C’s UAS operation will be limited to a unique and restricted environment. Given the (1) separation of filming operations from other manned operations, (2) parallel nature of aeronautical knowledge requirements incumbent in the FAA ground school exam and the process of obtaining a private pilot’s license, and (3) the proposed UAS airmanship skills of Petitioner’s PI Cs, the additional manned airmanship experience of a private pilot would not correlate to the airmanship skills necessary for Petitioner’s p roposed unmanned operations. Thus, Petitioner’s request for relief from 14 C.F.R. § 61.113(a) and (b) and § 61.133(a) should be granted. C. Operating Parameters of Petitioner’s UAS Petitioner’s UAS operations will be conducted within a controlled area, an d provide notice to all non

- participating persons in the area of operations prior to beginning operations . In this controlled area , Petitioner’s operations will remain within VL OS of the PI C and VO, below 400 feet AGL, and at speeds below 50 knots. Consistent with the relief ty picall y provided to manned operations under FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Petitioner requests relief from 14 C.F.R. § 91.119(c) with respect to those participating persons, vehicles, and structures directl y involved in the performance of the actual filming. Regarding distance from participating persons, the operations manuals set forth safet y factors for authorized and consenting production personnel. Because those procedures are specific to participating per sons, no further FSDO or aviation safet y inspector approval is necessary for reductions to the distances specified in Petitioner’s manuals. Regarding the distance from nonparticipating persons, Petitioner will ensure that no persons are allowed within 500 feet of the operating area except those consenting to be involvedMcArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 13 and necessary

for the filming production, with the possibility of reducing this distance to no less than 200 feet if it would not adversel y affect safety and the Administrator has approved it. This is consistent with FAA Order 8900.1, V3, C8, S1. Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a non

- towered airport unless a letter of agreement with that airport’s management is obtained and the operation is conducted in accordance with a Notice to Airmen (“NOTAM”). Additionally , Petitioner will not operate in Class B, C, or D airspace without written approval from the FAA. Nor will Petitioner operate the UAS less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. Petitioner’s UAS will remain clear and yi eld the right of way to all manned operations and activities at all times (including, but not limited to, ultra light vehicles, parachute activities, parasailing activities, and hangliders). Although Petitioner seeks to comply with the waiver process as described in FAA Order 8900.1, Volume 3, Chapter 8, Section 1 (Issue a Certificate of Waiver for Motion Picture and Television Filming), the current section of Order 8900.1 has specific processes that preclude a jurisdictional FAA FSDO from issuing the required Certificate of Waiver, because the section did not originally

provide for UAS operations. Thus, Petitioner seeks exemption from the applicable regulations normally waived during that process. Petitioner proposes that the FAA include the required notifications and coordination with jurisdictional FSDOs through the conditions and limitations accompan yi ng the requ ested exemption, and that the exemption sought herein will take the place of the Certificate of Waiver normall y issued by a jurisdictional FSDO under 8900.1. Under this rubric, Petitioner will notify every FSDO with jurisdiction over the area that Petition er plans to operate, just as with manned filming operations, and thoseMcArthur Law, PLLC www.shaymcarthurlaw.com April	30,	2015 Page 14 FSDOs will have the ability to coordinate further conditions and limitations with the UAS Integration Office to address an y local concerns. Petitioner will obtain an Air Traffic Organi zation (“ATO”) issued Certificate of Waiver or Authorization (“COA”) prior to conducting an y operations under this grant of exemption. In fulfilling its requirements under the COA, Petitioner will be required to request a NOTAM not more than 72 hours in advance, but not less than 48 hours prior to the operation. D. The Requested Exemption Promotes the Public Interest The enhanced safet y achieved b y replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no pa ssengers or crew and operated under the specific guidelines and procedures proposed b y P etitioner gives the FAA good cause to find that the UAS operations enabled by the instant Petition are in the public interest. Moreover, as the FAA has alread y recogniz ed, “UAS provide an additional tool for the filmmaking industry , adding a greater degree of flexibility , which supplements the current capabilities offered by manned aircraft.” See Exemption No. 11062, Regulatory Docket No. FAA

- 2014

- 0352, at p. 22. **VI. CO**  **NCLUSION** For the foregoing reasons, the regulatory exemptions requested herein should be granted and Petitioner should be permitted to conduct small UAS operations for the purpose of closed

- set filming.
Respectfully submitted, McArthur Law, PL LC By : L. Shay

McArthur Counsel for Petitioner Josh Cremer Photo & Video, LL C