Cory Sparkuhl, Sparkle Films LLC, Laguna Beach, CA

– Section 333 Exemption Petition

November 17th, 2015

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

Dear Sir or Madam,

I, Cory Sparkuhl, owner of Sparkle Films, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R.11, to request that I, Cory Sparkuhl, owner of Sparkle Films LLC, a Video Production Company, and own er/operator of 2 small unmanned aircrafts, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Cory Sparkuhl, may safely operate my unmanned aircraft systems (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

**Applicant:**Cory Sparkuhl Sparkle Films LLC 625 Griffith Way Laguna Beach, CA 92651 949

- 338

- 4332 cory@sparklefilms.net

**Regulations From Which The Exemption Is Requested:** 

14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 91.7 (a) 1 4 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR

91.203 14 CFR 91.405 14 CFR 91.407 14 CFR 91.409

14 CFR 91.417

(c)

(a) and (b) (a) (a) (1) (a) (2)

(a) and (b)

**Extent of Relief and Why:**

**14 CFR Part 21 subpart H**

T he UAS’s to be operated carry neither pilot nor passenger and carry no explosive materials or flammable liquids. Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized, I request exception. In the restricted

e nvironment and under the conditions proposed operation will be at least as safe, or safer, than aconventional aircraft operating with an airworthiness

certificate without said restrictions.

**14 CFR 45.23 (b)**

Due to the size of these UAS’s it does not hav e a cockpit, cabin, or pilot station on which to market certain words or phrases. Lettering would be very difficult to place on such a small aircraft and dimensions would need to be smaller than required minimum.

**14 CFR 91.7 (a)**

As there will be no airwo rthiness certificate for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining

airworthiness. Given the size of the aircrafts for maintenance and use of safety check list prior to each flight an equivalent l evel of safety will be provided.

**14 CFR 91.9 (b) (2)**

Given the size and configuration, the UAS’s have no ability to carry a flight manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry flight manual. An equivalent leve l of safety will be maintained by keeping the flight manual at ground control point where the pilot will have immediate access

to it.

**14 CFR 91.103**

As FAA approved flight manuals will not be providedfor the aircraft an exemption will be needed. Normal procedures including but not limited to; reviewing weather, flight battery requirement, landing and takeoff distances, along will all of those found in attachment "DJI Pilot Training" (See Appendix D). An equivalent level of safety will be provided by pref light protocol to properly match the machine.

**14 CFR 91.109**

UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is achieved through the use of a control box that communicates with

the aircraft via radio communicat ions. The equivalent level of safety provided because neither a pilot nor passenger will be carried in the aircraft, and by the speed and size of the aircraft.

**14 CFR 91.113 (a) and (b)**

I can achieve an equivalent level of safety as achieved by current r egulations because my UAS’s do not carry pilot nor passenger. While helpful, a pilots' license will not ensure remote control piloting skills.

**14 CFR 91.121**

The UAS may not have a barometric altimeter, but instead does have a GPS altitude read out. An eq uivalent level of safety is achieved by the operator receiving live flight data monitoring and confirming current altitude along with altitude of launch site shown on GPS altitudeindicator.

**14 CFR 91.203 (a) and (b)**

Similar to, 14 CFR 91.9 (b) (2), give n the size and configuration, the UAS has no ability to carry certificate and registration documents on the aircraft. There is no room, capacity, or pilot on board to adequately such documents. An equivalent level of safety will be achieved by keeping thes e documents, to the extent they are applicable to the UAS, at the ground control point where pilot has immediate access to them.

**14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b)**  Given these sections only apply to aircraft with an airworthiness certificate, these sections do not apply to this applicant. As a safety precaution, operator will perform preflight inspections and ensure UAS is in working condition before initiating each flight.

These are in accordance wi th FAA Publication: Public Guidance for Petitions for Exemption Filed under Section 333 (Rev. 9/25/14). The petitioner submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs ope rating to prevent the petitioner from contemplated Commercial Videography encompassing Aerial Video Marketing, Cinematography, Real Estate, Academic and other Video Production related flight operations within thenational airspace system (NAS). The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. The petitioner’s ultra light weight UAS’s meets the

definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of Petitioners ultra lightweight UAS’s is expressly contemplated by the Reform Act. Petitioner would like to operate his ultra lightweight UAS’s prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft.

I, Cory Sparkuhl, have several years of USA experience as well as a Videography background and vested interest in the industry. I can provide direct experience and valuable information to develop requirem ents and protocols for formal regulation that can be administered regarding various applications related to UAS aerial video and photography.

The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national

air space system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). E ach of these items reflects in favor of an exemption. Both my UASs utilize four (4) counter

- rotating propellers forbalance, control and stability. Our UAS’s are equipped with GPS and auto return safety technology. Weighing less than fifteen (15) pounds (f ar below the max. 55

- pound limit); including camera with gimbal. I always fly line of sight below 300ft away from populated areas and Airports, Hospitals or Heliports. Prior and during every flight we adhere to strict pre flight and in flight protocols (se e appendix C).

**Safety:**

I, Cory Sparkuhl, consider safety as foremost with each flight. Both my DJI Inspire 1 and DJI Phantom 2 V1 are designed to hover in place via GPS and operate per in flight protocol in less than a 13

- knot (15 mph) wind.

Built in saf ety systems include a GPS mode that allows our UAS to hover in place when radio controls are released. With three modes to choose from, we utilize

the Safe Mode for aerial videography/photography. This is the safest, most reliable and stable mode to preven t accident and hazard. When pilot communication is lost UAS is designed to slowly descend to point of take off. We are constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach our location or we suspect manned aircraft may approach near our location. Flights generally last between ten (10) to fifteen (15) minutes, with an altitude under three hundred (300) feet. Altitude and distance limits are setwithin the firmware (see appendix a and b). Also programmed into the firmware are early battery warnings starting at 30% battery power remaining. Typically we land our UAV’s at no lower then 40% battery remaining for further safety precautions.

**How Cory Sp arkuhl Sparkle Fi**  **lms LLC Request**

**Will Benefit the Public As A Whole:**

1. As the UAV industry and technology takes the world by storm the public **safety** as well as the safety of our National Airspace is at hand. I, Cory Sparkuhl, owner of Sparkle Films LLC and operator of multiple UAV’s takes in Safety as a highest priority. In order to ease the tension of the

unknown it is companies like Sparkle Fi lms that will help educate and train both public and new

UAV users on the **safety, regulati ons, uses and**  **applications, and common sense related to do’s**

**and don’ts** . There is limited manpower and as the industry expands its companies like Sparkle Films and pilots like myself that will **assist the FAA** in a safely integrating UAV’s into the sky.

2. Ot her obvious benefits within the Video Production industry is the decreased need for manned helicopters to capture aerial videography in turn **reducing the risk of life** in the air and on the ground. In addition the mentioned quadcopters produce **less noise an d air pollution**  thenconvention methods of aerial videography.

3. Sparkle Films will be **creating Jobs** and contributing to the overall local economy as our services are expanded into the UAV arena.

4. Sparkle Films will be able to capture footage that

otherwi se used to be impossible or too costly. This cost savings and **new perspective** will open up **opportunities to learn** more about our communities and businesses in a way we could have never imagined.

**Summary:**

For the reasons stated below I, Cory Sparkuhl,

re spectfully request the grant of an Exemption allowing me to operate ultra lightweight, remote controlled UAS’s for the purpose of producing dynamic videography/cinematography promoting economic growth for the local community while educating the public on t he correct and safe way of UAS integration into the national airspace.

Lastly The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption Nos.

11062 to Astraeus Aeria l ( see Docket No.

FAA

− 2014

− 0352), 11109 to Clayco, Inc. ( see Docket

No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC( see Docket No. FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. ( see Docket No. FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly

greater propor tions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

As described herein I, Cory Sparkuhl, am experienced in flying quadcopters and hexacopters cur rently referred to

as Drones and owner of a well

- established insured Video Production Company (Sparkle FIlms LLC) based out of Laguna Beach, California. Sparkle Films has been in business for over a decade providing video services to an array of clients. I currently own and fly a DJI Inspire 1 Quadcopter and DJI Phantom 2 V1 Quadcopter (see appendix A for Inspire and Appendix B for Phantom 2 V1) with over 200 hours combined flight time on the listed UAV’s. I, Cory Sparkuhl, submit this 333 Exemption with i ntent and desire to add and utilize this technology for the purpose of continuing to produce dynamic content and accommodate the request of our existing and future client base seeking to utilize this revolutionary technology and the unbelievable perspectiv e this technology is able to safely capture, following exemption and approval by the FAA. I haveflown Multirotors for over five (5) years without

incident.

Committed to safety with each flight. My exemption request would permit operation of ultra lightweight, UAS(s) for commercial use in tightly controlled and limited airspace. Predetermined in areas away from general public, airports, heliports and vehicular

. Furthermore I, Cory Sparkuhl, believe that based on my experience and reputation within the video production community is in a unique position to assist the FAA in developing operational and safety protocols for lightweight UAS’s as they are integrated i nto the National Airspace. Currently this seems to be a major issue as the drone industry explodes and the uneducated take to the skies. I, Cory Sparkuhl, have personally instilled safety protocols and controls to avoid and prevent public hazard, as well a s manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific to the Video Production Industry. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur h obbyists with no safety plan or controls in place to prevent catastrophe. I, Cory Sparkuhl, will continue to record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assis t with future protocol and safety regulation.Granting my request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the National airspace system, but to “...establish

requ irements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for Cinematography/Photo purposes. Further I, Cory Sparkuhl, will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA.

As set forth herein, Cory Sparkuhl owner of Sparkle Films LLC seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and

Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Inspire 1 UAS and DJI Phantom 2 V1 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United

State s. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Cory Sparkuhl

, owner of Sparkle Films LLC to saf ely, efficiently, and economically operate the DJI Inspire 1 and Phantom 2 V1 UASs commercially within the NAS.

In accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012,Section 333, Cory Sparkuhl owner of Spark le Films

LLC seeks Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 CFR Part 21, 14 C.F.R. 91.109, 14 CFR 91.405 (a), 14 C.F.R. 45.23(b), 14 C.F. R. 91.119, 14 CFR 407 (a) (1), 14 CFR 61.113 (a) & (b), 14 C.F. R. 91.121, 14 CFR 409 (a) (2), 14 C.F.R. 91.7 (a), 14 CFR 91.151 (a), 14 CFR 417 (a) & (b), 14 CFR 91.9 (b) (2), 14 CFR 91.203 (a) & (b), 14 C.F.R. 91.103

Dated: May 21, 2015

Respectfully submitted,

Cory Sparkuhl Sparkle Films LLC 625 Griffith Way Lagun a Beach, CA 92651 949

- 338

- 4332 cory@sparklefilms.net