# 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 ofTransportation Docket Management System WestBuilding Ground Floor,Room W12-140 1200New Jersey Ave. SE Washington,DC 20590-001 Re: Exemption Request Section 333 ofthe 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 ofthe FAA Modernization and Reform Act of2012(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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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 2Vision Plus; 2. DJI Phantom 3 Professional; and 3. DJI Inspire 1. Each ofthe listed UAVs has a built-in capability to limit the heightflown above the ground,to limit the radius ofthe distance it flies from the operator and to exclude them from Class B,C and D airspace including a no fly zone feature. Each ofthe UAVs listed also have a failsafe function ofthe 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 ofall 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 ofeach ofthe 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 ofsight ofa 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 ofthe national airspace system or the public." When flying any ofthe UAVs listed within 3 miles ofan airport, airport operators will be notified and the operator will give the right ofway to avoid flying in the proximity offull-scale aircraft.

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June 30,2015 Page 3

• Maximum flight time for each operational flightregardless ofthe 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 ofthe 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 ofno more than 50knots,can hover,and can simultaneously move vertically and horizontally.

• Given the small size ofthe 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 ofMacbeth's request for the exemptions set forth herein,please find attached the User and Safety Manuals,separated by model,for each ofthe UAVs listed herein. The manuals include the specification for each ofthe 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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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 ofcitizens and property whilst keeping our skies safe. Sincerely,

Anna Long (Yki

n Counsel For and On Behalfof 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

01257836EXEMPTION 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 ofthe 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 ofan 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 of61.113. 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 ofthe UAS's set forth herein would be photography or survey ofpersons,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,ifa 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 ofthe 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 100NM ofthe aircraft. The UAVs will always fly below 400 feet Above Ground Level ("AGL")and will notneed to maintain cruising altitudes in order to prevent conflict with other aircraft. An AGL altimeter measurement above the takeoffpoint 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 ofintended landing and to fly after that for at least 30 minutes. Macbeth feels the intention ofthis paragraph is to provide an energy reserve as a safety buffer for delays to landing. The UAVs are battery operated and the maximum duration offlight 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 ofintended landing,a full battery charge at launch will ensure that the reserve energy requirement ofthis paragraph will be met.

0125783614 CFR SubpartE (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 thatthe 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 ofthe 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 offlight. 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 ofthe aircraft,the PIC can ensure an equivalent level ofsafety.

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