August 3, 2014

"

- .,
_../ >. _: ; United States Department of Transportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

We are writing pursuant to the FAA Moder nization and Reform Act of 2012 (the "Reform Act") and the procedures contained in 14 C.F.R. 11, to request that Gearhead LLC, d/b/a , an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below so that Gearhead LLC may operate its small unmanned aircraft I lightweight unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation Administration ( "FAA"); as 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 applicant are drawn from Order 8900.1 CHG 0, Volu me 3, Chapter 8

- Issue a Certificate of Waiver for Motion Picture and Television Filming.

As identified and described herein, William Lang , and his company Gearhead LLC is an experienced, recognized veteran in the broadcast and cable television production industry.

Mr. Lang and his previous production companies have been producing and delivering technical service applications for the broadcast industry for nearly thirty (30) years. 

### Mr. L ang has also been a Multi Engine Interment Pilot (34 ) years. Mr. Lang h as had extensive production service contracts with many entertai nment multi

- media conglomerates.

Gearhead LLC has been actively involved in the technical development of UAS/ UAV service applications to provide high definition film quality by aerial cinemat ography with small, unmanned aircraft and lightweight UASs. It is currently one of the very few companies that is developing advanced technical applications and abilities for future commercial service applications. Gearhead LLC has fully equipped each of i ts small unmanned aircraft for aerial photography and cinematography, primarily for use in the television broadcast industry, though given their stability and maneuverability, they may be used for other cinematography, by law enforcement personnel, search and rescue and by other first responders If called upon by these authorities

.Gearhead LLC exemption request would permit its operation of lightweight,

unmanned (remotely controlled in line of sight) UASs in tightly controlled and limited airspace. Predetermined, specifically marked areas of operation, cordoned off locations and corresponding enhancements to current safety controls will allow Gearhead LLC to

oper ate within current safety parameters and new ones being implemented. As identified, similar lightweight, remote controlled UASs are legally operated by amateurs with no flight experience, safety plan or controls in place to prevent catastrophe. Gearhead LL C is developing a state

- of

- the

- art client website application to monitor, evaluate and implement all aerial cinematography activities with a pre

- flight safety and flight plan
system.

Granting Gearhead LLC request comports with the Secretary of Transportat ion's (FAA Administrator's) responsibilities to not only integrate UASs into the national airspace system, but to " ... establish requirements for the safe operation of such aircraft systems [UASs] in the national airspace system" under Section 333(c) of t he Reform Act. Further,

Gearhead LLC will conduct its operations in compliance with the protocols described herein or as otherwise established by the FAA.

Gearhead LLC respectfully requests the grant of an exemption allowing it to operate lightweight, rem ote controlled UAS's.

The Specific Sections of Title 14 of the Code of Federal Regulations, Gearhead LLC Requests Exemption are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a)(1); 14 CFR 409 (a)(2); and, 14 CFR 417 (a) & (b).

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 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) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

The Extent of Relief Gearhead LLC Seeks and the Reason It Seeks Such Relief:

Gearhead LLC submits this application in accordance with the Reform Act, 112

P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to

prevent Gearhead LLC contemplated commercial cinematic, research and other flight operations within the national airspace system. The Reform Act i n Section 332 provides

for such integr ation of civil unmanned aircraft systems into our national airspace system

as it is in the public's interest to do so. Gearhead LLC lightweight UASs meet the

definition of "small unmanned aircraft" as defmed in Section 331 and therefore the integration of Gearhead LLC lightweight UASs are expressly contemplated by the Reform

Act. Gearhead LLC would like to operate its lightweight UASs prior to the time period by

which the Reform Act requires the FAA to promulgate rules governing such craft.The Reform Ac t guides the Secretary in determining the types of UASs that may operate safely in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operated near airports or populated areas; and, Whether the UAS will be operated by line

of sight.

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Gearhead

LLC

.

Gearhead LLC UASs utilizes four counter

- rotating propellers for ex treme balance, control and stability. They each weigh less than 55 pounds, including cinematic or other equipment. Each of Gearhead LLC small unmanned aircraft are designed to primarily hover in place and operate at less than a 50 knot maximum speed. They are capable of

vertical and horizontal operations but operate only within the line of sight of the remote control pilot. In addition to the remote control pilot, Gearhead LLC uses a spotter and a technician, such that, at minimum, three Gearhead LLC person n el govern the safe flight

of an Gearhead LLC aircraft at all times.

Utilizing battery power and not combustible fuels, flights generally last between five and twenty minutes. Gearhead LLC does not operate its UASs with less than twenty five percent batt ery capacity. Safety systems in place include a GPS mode that allows

Gearhead LLC U ASs to hover in place if communication with the radio control pilot is

lost and then slowly descend the UAS at twenty five percent battery capacity. Further,

Gearhead LLC fleet is programmed, in some instances, to slowly follow a predetermined

set of waypoints to return to a safety point if communications are lost.

Gearhead LLC does not operate its UASs near airports and generally does not operate them near populated area s. The UAS operating software and GPS navigation systems do not allow any of the Gearhead LLC UAS vehicles to operate near airports or restricted fly

zones. The failsafe software will disable the UAS vehicles fro m taking off and also limit

the UAS systems from operating within specific GPS preset no

- fly zones. To date,

Gearhead LLC has only operated its fleet on private sets, cordoned off areas and areas

under the control Of Gearhead LLC clients. Gearhead LLC only operates its UASs in predetermined areas an d only in compliance with well regarded safety protocols such as

those contained within the well established and commonly known Motion Picture and

Television Operations Manual.

Gearhead LLC operation of its fleet of small unman ned aircraft will not "crea te a hazard to users of the national airspace system or the public." 112 P.L. 95 § 3 3 3 (b). Given the small size and weight of Gearhead LLC UASs, combined with their operation in cordoned

off and well

- controlled areas, Gearhead LLC fleet falls within Con gress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UASs into the national airspace system. Indeed, Gearhead LLC UASs have a demonstrable safety record and do not pose a ny threat to the general p ublic or national security.The FAA has the authority to issue the exemption to Gearhead LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Commercial and Public Benefits

Granting Gearhead LLC exemption request further s the public interest. First, Congress has already pronounced that it is in the public's interest to integrate commercially flown UASs into the national airspace system, hence the passing of the Reform Act. Second,

Gearhead LLC conducts research into safe UAS operations every time it flies one of its UASs. Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Allowing Gearhead LLC to log more flight time directly relates to its r esearch and its ability to further e nhance current safety measures. Third, the public has an interest in reducing the danger and emission

associated with current aerial cinematic capture methods, namely, full size helicopters.

Gearhead LLC UASs are battery powered and create no emissions. If an Gearhead LLC
UAS crashes there is no fuel to ignite and explode. The impact of Gearhead LLC lightweight UASs is far less than a full size helicopter, notwithstanding the statistically noteworthy safety record of full size helicopters used in motion picture capture. The public's interest is furthered by minimizing ecological and crash impacts by permitting motion picture capture through Gearhead LLC lightweight UASs.

Progression of the arts and sciences has been funda mental to our society since its

inclusion in the United States Constitution. Indeed, Congress mandated the integration of

UASs into our national airspace system, in part, to achieve progression in this noteworthy, and inevitable, field. Permitting Gearhead LLC to immediately fly within the

United States furthers these goals. Whether it is the amalgam of scientific discoveries applicable to feature film making (including those drawing upon architecture, physics, engineering and cultural inclusiveness) to adv ancements in publicly usable technologies or advancements in equipment available to law enforcement personnel I first responders that does not cost millions of dollars, granting Gearhead LLC exemption request substantially furthers the public's interest in ways known and currently unknown.Reasons Why Gearhead LLC Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Gearhead LLC exemption will not adversely affect safety. Quite the contrary, for the reasons stated, supra, permitting Gearhead LLC to log more flight time in FAA controlled airspace will allow Gearhead LLC to innovate and implement new and as of yet undiscovered safety protocols. In addition, Gearhead L LC submits the following representations of enhancements to current aerial motion picture capture techniques:

• Gearhead LLC UASs weigh less than 55 pounds complete with feature length motion picture quality camera.

• Gearhead LLC only operates its UA Ss below 400 feet;

• Gearhead LLC UASs only operate for 5

- 25 minutes per flight;

• Gearhead LLC lands its UASs when they reach 25% battery power;

• Gearhead LLC remote control pilots operate Gearhead LLC UASs by line of sight

• Gearhead LLC remote control pilots have video backup should they somehow lose sight of the UAS;

• Gearhead LLC staffs each flight with a remote control pilot, technician and spotter with communication systems enabling real time communication between them;

• Gearhead LLC U ASs have GPS flight modes whereby they hover and then slowly land if communication with the remote control pilot is lost or battery power is below25%;

• Gearhead LLC actively analyses electronic flight data and other sources of information to constantly update and enhance safety protocols;

• Gearhead LLC only operates in secured areas that are strictly controlled, are away from airports and populated areas;

• Gearhead LLC conducts extensive brief meetings prior to f light, during which safety carries p rimary importance;

• Gearhead LLC always obtains all ne cessary permissions and permits prior to operation; and, Gearhead LLC has procedures in place to abort flights in the event of safety breaches or potential danger.Gearhead LLC provides a level of safety at least equal to existing rules, and in nearly every instance, greater than existing rules. It is important to note that absent the integration of commercial UASs into our national airspace system, helicopters are the primary means of aerial motion picture capture. While the safety record of such helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS. First, the potential loss of life is diminished because UASs carry no people on board and Gearhead L LC only operates them in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of

Gearhead LLC UASs allow o ur remote control pilots to avoid hazards. Lastly, given their small size and weight, even when clo se enough to capture amazing images, Gearhead

LLC UASs need not be so close to the objects they are focused on. Accordingly,

Gearhead LLC UASs have operated and will continue to operate at and above current safety levels.

A Summary The FAA May Publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthines s Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certif icates, sets forth requirements for procurement of necessary airworthiness certificates in relation t o FAR § 91.203(a)(l). The size, weight and enclosed operational area of Gearhead LLC UASs permits exemption

from Part 21 because Gearhead LLC UASs m eet an equivalent level of safety pursuant to Section 3 3 3 of the Reform Act. The FAA is authorized to exempt aircraft from the

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and

Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt U

ASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations.

Gearhead LLC UASs meet or exceed each of the elements.

14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness

certificate. As no such certificate will be applicable in the form contemplated b y the F ARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations cente r. The FAA has previously issued exemptions to this regulation in

E xemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602,

10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Gearhead LLC

UAS s utilize electronic global positioning systems and internal gyroscopes to provide spatial coordination.14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same rea sons described above. The equivalent

level of safety will be achieved by maintaining such certifications and registrations at the

Gearhead LLC flight operations center.

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Gearhead LLC UASs are, by defmiti on, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further,

two

- inch lettering is diffic ult to place on such small aircraft. Regardless, Gearhead LLC will mark its UASs in the largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29 (f) so that the the pilot, technician, spotter and others working with the UAV will see the markings. The

FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. Gearhead LLC can achieve an equivalent level of safety as achieved by current Regulations because Gearhead LLC UASs do not carry any pilots or

passengers . Further, while helpful, a pilot license will not ensure remote control piloting skills, though Gearhead LLC pilot vetting and training programs will. Further, private pilot licensees will operate Gearhead LLC UASs with the same skill. Further, the risks attendant to the operation of Gearhead LLC UASs is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing Gearhead

LLC to operate its UASs with a private pilot as the pilot in control will exc eed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes i n certain conditio ns. Gearhead LLC UASs will never operate at an altitude greater than 400 AGL. Gearhead LLC will, however, operate its UASs in cordoned off areas with security perimeters, providing a level of safety at least equivalent to those in relatio n to minimum safe altitudes. Given the size, weight, maneuverability and speed of Gearhead LLC UASs, an equivalent level of safety

will be achieved.

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

The above

- cited Regulations require, amongst other things, aircraft owners and operators to "have [the] 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 discrepanc ies repaired as prescribed in part 43 of this chapter."These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Gearhead LLC should its requeste d exemption be granted. Gearhead LLC

conducts an extensi ve maintenance program that involves regular software updates and constant inspection for assessment of any damaged hardware. Therefore, an equivalent level of safety will be achieved. Gearhead LLC has researched and developed its own designs.

F. Summary

Gearhead LLC seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14

C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14

C. F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R. § 91.409 (a)(2); 14 C.P.R. § 91.409 (a)(2); and, 14 C.P.R. §§ 91.417 (a) & (b) to commercially operate its fleet of small unm anned vehicles and lightweight unmanned aircraft vehicles in motion picture or television operations, to conduct

its own research and to develop economic platforms for law enforcement I first responders,

search and rescue.

Granting Gearhead LLC request f or exemption will reduce current risk levels and thereby enhance safety. Currently, motion picture image capture relies primarily on the use of larger aircraft running on combustible fuel. Gearhead LLC craft do not contain potentially explosive fuel, are s maller, lighter and more maneuverable than conventional motion picture aircraft. Further, Gearhead LLC operates at lower altitudes and in controlled airspace.

Gearhead LLC has been analyzing flight data and other information in compiling novel safety protocols and the implementation of a flight operations manual that exceeds currently accepted means and methods of safe flight.

There are no people on board Gearhead LLC UASs and therefore the likelihood of death or serious bodily injury is significantly limited. Gearhead LLC operation of its UASs, weighting less than 55 pounds and traveling at speeds lower than 50 knots in cordoned

off areas will provide at least an equivalent level of safety as th at achieved under current

F ARs.

Gearhead LLC respectfull y requests that the FAA grant its exemption request without delay. The FAA has the authority to issue the ex emption sought by Gearhead

LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely,

William W Lang

Gearhead LLC

. 69 O’Connor Road Fairport

, NY 14450