December5, 2015

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U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJersey Avenue, SE.,Washington, DC 20590 ,, ..-, ,.._

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### i Blizzard Productions, Inc. 3407 Red Coat Drive NewWindsor, NY 12553

Re: Exemption Request underSection 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations

Dear Siror Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Actof2012 (the "Reform Act") and 14 C.F.R. Part 11, Blizzard Productions, Inc., seeks an exemption from Federal Aviation Regulations ("FARs") detailed below forthe following described Unmanned Aerial System called in this application the ME System, which includes an Unmanned Aircraft (UA) and ground station-based equipment and crew:
THE UNMANNED AIRCRAFT (UA): [x] A lightweight (20 lb. grossweight with all on-board equipment), manufactured by DJI, Phantom 2, Inspire 1- t-600, and S 1000that includes the following equipment in flight; [x] An on-board flight computerwith GPS navigation and location ability that receives signals forflight controls from a ground-based transmitter/controller; [x] An on-board camera capable ofcapturing imagery in the form offull color, high definition still photos and video; [x] An on-board telemetry system that deliversflight data from the on-board flight computerto the onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass direction offlight and direction back to its launch site; [x] A 2.4GHz on-board radio transmitter that transmits live video from the on-board camera plus all the flight data from the telemetry system described above;
THE GROUD STATION -BASED PART OF THE SYSTEM: [x] A Pilot in Command (PIC) in operational control ofa flight operation from beginning to end and who controls the UAwhile in the air; [x] A 2.4GHz radio transmitter/controller operated by the PIC to control the UAwhile in flight; [x] A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight; [x]AVisual Observer (VO) is a person who provides a second pairofeyes to visually trackthe UAwhile in flight.



### 1The requested exemption would supportan application fora commercial Certificate ofAuthorization to use the above described ME System to support aerial photography and video primarily of real property, resorts, boats, community events and marine property, neveroperating over persons not directly involved with the ME system.
The UA, powered by batteries, is smaller, lighterand more maneuverable than largeraircraft running on combustible fuel, it operates at loweraltitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood ofdeath orserious bodily injury. With a small payload and maximum flight time ofonly 18 minutes, this is offers little or no risk to national security.
Low level oblique photos and video from several angles are far more effective than ground- based imageryfordisplaying the characteristics of large, complex properties with several buildings and large trees. The alternative could be to charter a full-sized helicopterforthis purpose, which has proven more costly than many potential clients are able to afford. The benefits of reduced cost and improved quality of presentation from the UAwill be valuable to and benefit many buyers and sellers of real property and marine property. Additionally, we request that we be allowed to use oursystem to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited in this application as we do so.
The ME System will be operated in the field with both a PIC and aVO in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions: a) Noflight will be made with a UA Grossweight exceeding 55 pounds; b) All operations must occur in FAA Class G airspace at no more than 400ft. AGL, at an airspeed ofno more than 50 knots and no furtherthan 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). TheVO and PIC must be able to communicate by voice at all times during a flight operation; d) Operations will be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a mannerconsistentwith 14CFR 

### § 61.51 {b), a minimum of 100flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at leastten hours logged as a UA pilot with a similar UAtype; 

### f) All required permitswill be obtained from state and local government priorto operation; g) The ME System will not be operated over densely populated areas; h) The ME System will not be operated atairshows; i) The ME System will not be operated overany open-airassembly of people; 

### j) The ME System will not be operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM ofan airport or heliport; I) Operations will be restricted to day only and weather conditions equivalentto VFR; m) The PIC will briefthe VO and property owner aboutthe operation and risk before the firstflight at each new location; n) Noflight may be madewithout a Pre-Flight Inspection by the PIC before each operation to ascertain that the UA is in a condition safe forflight (see Appendix A).

The PIC and VO will meetthe requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course ofmaintenance instruction as part oftheir initial training. 

### 2We submitthat the combination ofthe UA's lightweight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and underall ofthe Restrictions (a) through (n) listed above, the FAA can have full confidence thatthe operation will have an equivalent or greater level ofsafety than manned aircraft performing the same mission.
The nameand contact information ofthe applicant are:
Blizzard Productions, Inc. : Neil Moreno Ph.: 718 510 4115 Email: info@biizzardproductions.com
The regulations from which the exemption is requested are listed below. Beside each regulation number is the page ofthe attached Addendum upon which each may be found togetherwith our proposed equivalent level ofsafety for each regulation:

- 14 CFR Part 21

.................................Addendum Page 4

- 14 CFR 91.203

.................................Addendum Page 4

- 14 CFR 45.23, 45.29

..........................Addendum Page 5 -14 CFR 91.9

....................................Addendum Page 5 -14 CFR 61.113, 61.133

.......................Addendum Page 5 -14 CFR 91.109, 91.119, 91.121

..............Addendum Page 6 -14 CFR 91.151

.................................Addendum Page 6

- 14 CFR Subpart E (91.401

- 91.417)

......Addendum Page 6 -FAA Policy 8900.227 Paragraph 16{c)(4) and Paragraph 16(e)(1)

...Addendum 1
We are prepared to modify oramend any part ofthis request to satisfy the need for an equivalent level of safety. Please contact us at any time ifyou require additional information orclarification. We look forward toworking with youroffice.

Sincerely,

# -t~ Neil Moreno, Blizzard Productions, Inc.,



### 3Addendum containing Exemption Requests and Equivalent Level ofSafetyAppendixA- Flight Manual's Appendix B- Owner's Manual for UA

ADDENDUM EXEMPTION REQUESTSAND EQUIVALENT LEVEL OF SAFETY
Blizzard Productions Inc., requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe ME System:
14 CFR Part21, Subpart H: Airworthiness Certificates This part establishes the procedures forthe issuance ofan airworthiness certificate. While the F

### M continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the ME System under eitheror both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued forthe following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate majordesign changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used forcommercial purposes such as market surveys, sales demonstrations, and customercrew training, we would expect that an experimental certificate would permitourcommercial purpose as well. The aircraftwill not carry persons orproperty, will notcarryfuel, and will onlyfly understrict operational requirements. Combined with the UA's lightweight, being constructed primarily ofcarbon fiber and plastic, we propose that the UA will be at leastas safe, ifnotsafer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is notappropriate forthis application, then we request an exemption of 14 CFR Part21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph.
14 CFR 91.203(a) 

### &(b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration numberassigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed atthe cabin orcockpit entrance so that it is legibleto passengers orcrew." Ata maximum gross weightof6.5 pounds, the UA is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers orcrew. To obtain an equivalent level ofsafety and meetthe intent of91.203, we propose that documents deemed appropriate forthis aircraft by the FAA will beco-located with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL" to satisfythe requirement of 14 CFR 45.23, which follows immediately afterthe proposed placard description below:



### 4Appendix A EXPERIMENTAL Manufacturer: OJ! Innovations, Inc. 950 E Baseline Ave. Ste. 210 Apache Junction AZ 85119 Model: Phantom 2, Inspire 1-t-600 and S1000
14 CFR 45.23 Display ofmarks; general and 45.29 Size of marks. These regulations provide that each aircraft mustdisplay "N" and the aircraft's registration numberin letters at least3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least2 inches high nearthe entrance tothe cabin, cockpit, orpilot station. The UA does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level ofsafety by including theword "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, wherethe PIC, VO and others in the vicinity ofthe aircraftwhile it is preparing for launch will be able to see the designation. Additionally, wefeel thatthe permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, wewill display atthe ground station a high contrast flag orbannerthat contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high orgreater. Since the aircraftwill operate within 3/4 NM ofthe ground station, the bannershould be visible to anyonethat observes the aircraft and chooses to investigate its point oforigin.
14 CFR 91.9 Civil aircraftflight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent ofthis requirement is to ensure thatflight manual information is availabletothe aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not onlytoo small to carry documentation, the documentation would not be availabletothe crew during flight operations. To obtain an equivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved UA Flight Manual (Appendix A) must be available to the crew atthe ground station anytime the aircraft is in, or preparing for, flight.
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 actas pilot in command of an aircraftfor compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command of an aircraft in connection with any business oremployment if: (1) Theflight is only incidental to that business or employment; and (2) The aircraft does not carry passengers orproperty for compensation or hire. Our proposed operations require thatthe PIC must either 1. Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours offlight experience in this type of UA, or 2. Meetthe requirements of8900.227 para 16(c)(2)(c} "Operationswithout a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination." Since there are currently no meansavailableforthe pilot ofa UASto gain the experience in an equivalent category and class in orderto apply for a commercial pilot's license, we propose to generate an equivalent level ofsafety by requiring our pilots to complete, ata minimum, FAAcommercial pilot ground instruction and pass the FAACommercial Pilotwritten examination in addition



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### Appendix A to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we meet the intentof61.113 Subparagraph (b) even though the intentofthis application is to conduct a business. 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests. The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The ME System ground-based control station consists ofa small hand-held radio transmitter and while it does not offer a second set of "controls", both the studentand instructorcan, and will, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel thatthis technique meets the intent 91.109 and provides an equivalent level ofsafety.
14 CFR 91.119 Minimum safe altitudes: General. The regulation states that oversparsely populated areas the aircraft cannot be operated closer than 500 feetto any person, vessel, vehicle, orstructure. Since the aircraftwill be operating at a maximum of400 feet AGL, we cannot comply with this requirement. In order to provide an equivalent level ofsafety we will only fly over private property with a size ofat least one acre with the permission ofthe owner ofthe property flown over. The aircraftwill not be operated over congested areas or overany open air assembly ofpersons. The property ownerwill be briefed on the expected route offlight and the associated risks to persons and property on the ground. 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 we maintain that due to the small size ofthe UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.
14 CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimetersetting available within 100 NM ofthe aircraft. The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflict with otheraircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UA on-board computerto 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 aflight in an airplane underday-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly afterthatfor at least 30 minutes. Wefeel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The UA is battery operated and the maximum duration offlight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraftwill neverfly more than :Y4 NM from the point ofintended landing, afull battery charge at launch will ensure thatwe meet the reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".
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 part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under43.7'' after maintenance and inspection.
It is our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." As provided in the Pre-Flight Checklist in Appendix A, the PIC will ensure that the aircraft is in an airworthy condition priorto every flight and in addition conduct

6Appendix A detailed inspections afterevery 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 forthe on-board computer. All other maintenance will be performed by the manufactureror their designated repairfacility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level of safety.
8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy providesthat both the PIC and VO must have a valid FAA second-class medical certificate issued under part 67 in orderto perform as a pilot orobserver. The UA maximum grossweight is 6.5 pounds, it is constructed ofcarbon fiber and plastic and the PIC is noton board. Both the PIC and the VO are required to be in VLOS. Given the unlikely eventthat both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meetthe same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden.
We propose that the minimum medical requirements forthe PIC and VO be vision corrected to 

### 20120 and a valid, state issued driver's license. The 

### 20120 vision requirementwill ensure that the PIC and VO can see and avoid airtraffic; a licensed driver is medically qualified to operate a much largervehicle. AppendixA
APPENDIX A- FLIGHT MANUAL
FLIGHT RESTRICTIONS a) No flight will be madewith a UA Gross weight exceeding 55 pounds; b) All operations mustoccur in FAA Class G airspace at no more than 400' AGL, at an airspeed of no morethan 50 knots and no furtherthan 314 NM from the PIC; c) All operations must utilize a visual observer (VO). TheVO and PIC must be able to communicate verbally at all times during aflight operation; d) Operationswill be restricted toflights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a mannerconsistentwith 14 CFR 

### § 61.51 (b), a minimum of 100flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at leastten hours logged as a UA pilot with a similar UAtype; f) All required permits will be obtained from state and local government priorto operation; g) The ME System will not be operated over densely populated areas; h) The ME System will not be operated at airshows; i) The ME System will not be operated overany open-air assembly of people; j) The ME System will not be operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM ofan airport or heliport; I) Operations will be restricted to day only and weather conditions equivalentto VFR; m) The PIC will brieftheVO and property owneraboutthe operation and risk beforethe first flight at each new location; n) No flight may be madewithout a successful Pre-Flight Inspection by the PIC before each operation to ascertain thatthe UA is in a condition safeforflight.



### 7PREFLIGHT CHECKLIST 1. Remote controller, aircraft battery, and mobile device are fully charged. 2. Propellers are mounted correctly and firmly. 3. Micro-SO card has been inserted if necessary. 4. Gimbal is functioning as normal. 5. Motors can startand are functioning as normal. 6. DJI Pilot appconnected to the aircraft. TO REGAIN CONTROLAFTER LOST RADIO CONTACT If. radio contact is lostand not restored within 3 seconds, an automatic Return to Homefeature is activated and will bring the UAVback to the PIC.



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