la DEAN

Pill MEAD

Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A.

800 North Magnolia Avenue, Suite 1500

P.O. Box 2346 (ZIP 32802-2346)

Orlando, FL 32803

(407) 841-1200

(407) 423-1831 Fax

wvvw.deanmead.com

June 30, 2015

Department of Transportation

Docket Management System

West Building Ground Floor, Room W12-140

1200 New Jersey Ave. SE

Washington, DC 20590-001

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam:

Attorneys and Counselors at Law

Orlando

Fort Pierce

Gainesville

Tallahassee

Viera/Melbourne

ANNA LONG

(407) 428-5120

along@deanmead.com

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

"Reform Act"), and 14 C.F.R. Part 11-Federal Aviation Regulations, Macbeth Air Services, LLC

d/b/a Macbeth Photography ("Macbeth"), an aerial video company operating small Unmanned

Aircraft Systems/Vehicles (hereinafter referred to as "UASs" or "UAVs") equipped to conduct

aerial photography and survey for various industries, hereby applies for an exemption from the

Federal Aviation Regulations (FARs) listed below to allow for the commercial operation of

Macbeth's UASs in airspace regulated by the Federal Aviation Administration (FAA) so long as

such operations are conducted with and under the conditions outlined herein or as may be

provided by the FAA as required by Section 333.

The requested exemption would permit Macbeth to provide services to its consumers

interested in aerial data capture using aerial photography and/or video footage for a variety of

commercial uses including, but not limited to, special events, sporting events, surveys, marketing

and advertising.

Macbeth provides that all UAS flights that will occur over private or controlled access

property will be done with the property owner's prior consent and knowledge and that only

people who have consented or otherwise have agreed to be in the area where filming will take

place will be filmed. Additionally, Macbeth's UASs will be flown by persons holding a FAA

Private Pilot License with Class III Medical Certificate.

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Department of Transportation

June 30, 2015

Page 2

Regulations From Which the Exemption Is Requested:

14 C.F.R. 61.113(a)

14 C.F.R. 91.7 (a)

14 C.F.R . 91.119 (c)

14 C.F.R. 91.121

14 C.F.R. 91.151(a)(1)

14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System

UAVs are oftentimes seen as superior to helicopters due to the smaller devices cheaper

equipment and personnel cost, reduced noise and, as such, a much smaller environmental impact

which promotes public safety.

Macbeth is petitioning for exemption from the regulations set forth above to enable

Macbeth to operate the following UAVs:

1. DJI Phantom 2 Vision Plus;

2. DJI Phantom 3 Professional; and

3. DJI Inspire 1.

Each of the listed UAVs has a built-in capability to limit the height flown above the

ground, to limit the radius of the distance it flies from the operator and to exclude them from

Class B, C and D airspace including a no fly zone feature. Each of the UAVs listed also have a

failsafe function of the autopilot system which means when the communication between the

Main Controller and the transmitter is disconnected or any other error is detected by the on-board

flight controller system, the outputs of all command sticks from the controller will go to the

center position and, using the on-board GPS system, the vehicles are designed to return to their

pre-flight calibrated starting point and will land safely.

The above specifications of each of the listed UAVs meet with the Model Aircraft

Operating Standards as set below:

The petitioner will only operate the UAS for the listed UAVs in line of sight of a

pilot and/or observer and will operate at sites that are a 'sufficient distance' from

populated areas within the sterile area described in the FOPM. Such operations

will insure that the UAS in operation will "not create a hazard to users of the

national airspace system or the public."

When flying any of the UAVs listed within 3 miles of an airport, airport operators

will be notified and the operator will give the right of way to avoid flying in the

proximity of full-scale aircraft.

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Department of Transportation

June 30, 2015

Page 3

• Maximum flight time for each operational flight regardless of the UAV in use will

be 20 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to

the 20 minute limit.

The UAVs will be programmed so that they will not be operated at an altitude of

any higher than 400 feet AGL, and not more than 200 feet above an elevated

platform from which filming is planned.

• Minimum crew for each operation will consist of the UAS Pilot, the Visual

Observer, and the Camera Operator.

• The UAS PIC's (Pilot in Command) will be an FAA licensed airman holding an

FAA Private Pilot License and Third Class FAA Medical Certificate.

• Each UAS operated by the petitioner weighs less than 55 pounds, including the

payload (i.e., camera, lens, and gimbal).

• The UAVs listed will operate at speeds of no more than 50 knots, can hover, and

can simultaneously move vertically and horizontally.

• Given the small size of the UASs as listed and provided for herein and the

restricted sterile environment within which they will operate, Macbeth's UASs

operations will adhere to the Reform Act's safety requirements.

In further support of Macbeth's request for the exemptions set forth herein, please find

attached the User and Safety Manuals, separated by model, for each of the UAVs listed herein.

The manuals include the specification for each of the three models, as well as a pre-flight

checklist and post-flight checklist.

Under the requested exemption, Macbeth will ensure that all operators have completed a

UAS education and training program including all applicable regulations and guidance

documents; including aeronautical background information such as charts, NOTAMS and

Aircraft Circulars; Radio Communications Procedures; Basic Small UAS Aerodynamics;

Weather factors; Airmanship and Decision-making and Safe Operating Procedures.

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Department of Transportation

June 30, 2015

Page 4

Macbeth respectfully requests exemption under Section 333 to enable Macbeth to operate

efficient, limited, low-risk commercial UAV operations for the activities above-stated respecting

at all times the space and privacy of citizens and property whilst keeping our skies safe.

Sincerely,

Anna Long (Ykin

Counsel For and On Behalf of

Macbeth Air Services, LLC d/b/a

Macbeth Photography

AHL:ee

Attachments

cc: James M. Hobart, President

Macbeth Air Services, LLC d/b/a Macbeth Photography

130 S. Orange Avenue, Suite 204

Orlando, Florida 32801

01257836
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Macbeth Air Services, LLC d/b/a Macbeth Photography requests an exemption from the

following regulations as well as any additional regulations that may technically apply to the

operation of the UAV Systems set forth herein:

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as Pilot in

Command of an aircraft for compensation or hire. Macbeth's proposed operations require that

the PIC must hold at least a Private Pilot Certificate issued by the FAA and, since the aircraft

cannot carry passengers or property, Macbeth feels it meets the intent of 61.113.

14 CFR 91.7 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.

91.119(c) Minimum safe altitudes over other than congested areas: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the UAS's

set forth herein would be photography or survey of persons, vessels, vehicles or structures it

would be necessary to operate closer than 500 feet to the items listed. Operations will only be

flown over property or persons where permission has been obtained and careful pre-planning has

been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an

emergency landing without undue hazard to persons or property on the surface. Therefore

Macbeth maintains that, due to the small size of the UAS as listed, the hazard to persons,

vehicles and structures is minimal compared to manned aircraft, which should be considered in

granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter

setting available within 100 NM of the aircraft. The UAVs will always fly below 400 feet Above

Ground Level ("AGL") and will not need to maintain cruising altitudes in order to prevent

conflict with other aircraft. An AGL altimeter measurement above the takeoff point is

transmitted via radio from the UAVs on-board computer to the display screen held by the PIC,

providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. Macbeth feels the intention of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The UAVs are battery operated and the

maximum duration of flight from a single battery charge is 20 minutes with a 25% reserve. Since

the aircrafts will never fly more than 3,500 feet from the point of intended landing, a full battery

charge at launch will ensure that the reserve energy requirement of this paragraph will be met.

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14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, Alterations.

The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airworthy condition, including compliance with parts 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized under

43.7" after maintenance and inspection. It is Macbeth's intention that the PIC perform

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to

service ." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight

and in addition conduct detailed inspections after every two hours of flight. Maintenance

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking

electrical connections and updating software and firmware for the on-board computer. All other

maintenance will be performed by the manufacturer or their designated repair facility. The PIC

will document work performed in accordance with 91.417. Macbeth feels that due to the size,

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

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