**fd productions**

August 5 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments: 1) DJI Phantom 2 P330Z 2) DJI S900 Owners Manual v1. 2 (not allowing me to upload due to file size restrictions please see manual online here: file:///Users/Home/Downloads/S900_User_Manual_v1.2_en%20(1).pdf

3) DJI S1000 Owners Manual

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140 481 in the matter of the petition of DOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory Docket No. FAA

– 2014

– 0508 in the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in the matt er of the petition of FLYING CAM INC

.

Dear Sir or Madam:

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 2012, I

, Shaun Khan

, referred to hereafter as the petit ioner, request exemption from the following sections of Title 14, Code of Federal Regulations §§61.113(a) ; 61.113(b) ; 91.119(c) ; 91.121 ; 91.151(a) ; 91.405(a) ; 91.407(a)(1) ; 91.409 (a)(1) ; 91.409(a)(2) ; 91.417(a) & (b) ;

In order to operate small unmanned ai rcraft syst ems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) for the purposes of aerial photography, cinematography, videography, mapping, crop surveying, inspections and other flight operations that could be perform ed safely and more cost effectively with the use of small UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. Operations will be performed only at the request of**fd productions**

and with the authorization and permission of client s or their authorized agents in
order to facilitate commerce , provide low

- altitude municipality and agency street rehabilitation inspection, and raise awareness of the 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. The conditions identified and proposed by the petitioner are drawn from
references 1

- 3.

Types of Operations

Using sUAS’s for commercial photogra phy and video in the following settings:

• Real Estate : r esiden tial and commercial properties f or s ale

• Inspections: low altitude photography and videography for the benefit of the pubic and the use of Cities and Agencies throughout the Greater Los Angeles

Ar ea seeking efficient pre

- construction videos

• Fire Damage Assessment Inspections (arbor) : low altitude thermal mapping of burnt trees causing potential harm to homeowners (assessing if a tree is living or dying is currently a very time

- consuming and ineffe ctive process )

• Corporate Use: individual companies seeking to have their product or service viewed from an auxiliary angle

Safety

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that oper ate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already s afe video / photography operations
conducted with conventional aircraft.

These limitations and conditions to which the Petitioner agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS (currently but not limited to a DJI S1000, a DJI S900, and a DJI
Phantom 2 will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 40 minutes. Flights will

be terminated at 25% battery power reserve should that occur prior to the 40 minute

limit.**fd productions**

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the Camera Operator.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate

and third class medical.

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than

the sUAS Pilot, who possess the neces sary PIC qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PIC.

8. The UAS will only operate within a confined predetermined area for each flight.

9. A briefing will be conducted in regard to the pl anned sUAS operations prior to

each day’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

10. The operator will obtain the consent of a ll persons involved in the photography /

video and ensure that only consenting persons will be allowed within 100 feet of the flight operation. With the advanced permission of the relevant FSDO, operations at closer range can be approved.

1 1 . Pilot and obs erver will have been trained in operation of UAS generally and received up

- to date information on the particular UAS to be operated.

1 2 . Observer and pilot will at all times be able to communicate by voice and/or text.

13 . Written and/or oral permission fr om the relevant property holders will be

obtained.

14 . All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

1 5 . If th e sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- determined location within the Security Perimeter and

land.

1 6 . The sUAS will have the capability to abort a flight in case of unpredicted

obstacles or eme rgencies.**fd productions**

Exemptions

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by F AR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the

Re form Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capabilit y, and proximity to airports and populated areas of the particular UAS. In all

cases, an analysis of these criteria demonstrates that the UAS operated without an

airworthiness certificate, in the restricted environment and under the conditions proposed wil l be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carr ies neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a defined area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored, and under th e requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. These safety enhancements, provide a greater degree of safety to the public and property

owners than conventional operations conducted with airworthiness certificates

issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security posed by the UAS,

due to its siz e, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Rom an capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.**fd productions**

Even though the sUAS will have no airworthiness certificate, an exe mption may be
needed as the UAS will have no entrance to the cabin, cockpit or pilot station on

which the word “Experimental” can be placed. Given the size of the sUAV, two

- inch lettering will be impossible.The word “Experimental” will be placed on the fus elage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with
the sUAS will see the identification of the sUAS as “ Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738,

10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in
Command.

Sections 61.113 (a) & (b) limit privat e pilots to non

- commercial operations. Because
the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s lice nse rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled. The risks asso ciated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certifica te issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft an equivalent level of safety will be provided by the PIC prior to each flight.

14 C.F.R. § 91 .9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides:No person may operate a U.S.

- registered civil aircraft ...(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there i s available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any**fd productions**

combination thereof.

The sUAS, given its size and configuration has no ability or place to carry such a flight man ual on the aircraft, not only because there is no pilot on board, but because

there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point whe re the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299,9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight a ction

This regulation requires each pilot in command to take certain actions before flight to

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all ac tions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction:

Section 91.103 provides that no person may operate a civil aircr aft (except a
manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

sUASs and remotely piloted aircraft, by their design do not have fully functional dual

controls. Flight control is accomp lished through the use of a control box that

communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experime ntal aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the
aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Sec tion 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed

, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming or inspecting is planned, an exe mption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 AGL. It will however be**fd productions**

operated in a safe and predetermined area.

The equivalent level of safety will be achieved given the size, weight, sp eed of the
sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner, all affected individuals will be aware of the planne d flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented w ith conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between these sUAS operations and

the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before d eparture.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to Safety Check list, confirming the altitude of the launc h site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “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 mi nutes.”

The battery powering the sUAS provides approximately 40 minutes of powered flight.

To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would

be limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions

is reasonable.

Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the s cope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes**fd productions**

of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 mi nutes would greatly reduce the utility for which the exemption will be granted. Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 40 minutes or 25% of battery power whichever happens first.

This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,10673, and 10808.

14 C.F.R. §91.203 (a) and (b): C arrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it

has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section 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.

The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regula tion. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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

These regulations require that an airc raft operator or owner “shall have that 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 cha pter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.**fd productions**

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be

accom plished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited p eriods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person

most familiar with the aircraft and best suited to maintain the aircraft in an airworthy

condition to provide the equivalent level of safety.

Pursuant to 14 C.F.R. Part 11, the followi ng summary is provided for publication in

the Federal Register, should it be determined that publication is needed:Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91 .9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a);

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in commercial video and photography o perations.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming of people who have also consented to being filmed or otherwise have agreed to be in the area where filming w ill take place.

Manuals

Please find attached manuals for the DJI S1000 , S900 and Phantom 2.

Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security

- provides more than adequate justification for the grant of the requested exemptions to permit Petitioner to operate the selected UAS vehicles and provide commercial photography and video of real estate, agriculture, inspection and artwork.**fd productions**

Granting the requested exemption will benefit the public interest as a whole in many

ways, including improving safety and reducing risk by alleviating human exposure to danger, improving the quality of services and decreasing operating costs compared with conventional flight operations.

Should any additional information be required please do not hesitate to call.

Respectfully,

Shaun Khan