May 28, 2015

Exemption No. 11701 Regulatory Docket No. FAA

– 20 15

– 0784

Mr. Herbert Pierre

- Louis, Jr. Managing Member Extreme Aerial Works, LLC 12017 Carolina Cherry Lane Marvin, NC 28173

Dear Mr. Pierre

- Louis : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it e nds. By letter dated March 25, 2015 1
, you petitioned the Federal Aviation Administration (FAA) on behalf of Extreme Aerial Works, LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography, videography

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner. However , a comment opposing the petition was submitted to the docket . In granting this exemption, the FAA has determined that the proposed operations can safely be conducted under the conditions and

1 By email dated May 22, 2015, the petitioner clarified that it was not proposing to conduct closed

- set filming. The petitioner amended its petition, which has been submitted to the public docket

.2

limitations of this exemption. As with exemptions issu ed to Aeryon Lab s , Astraeus Aerial, Clayco, Inc., and VDOS Global, LLC, failure to comply with the document’s conditions and limitations is grounds for immediate suspension or rescission of the exemption. Airworthiness Certification The UAS proposed by the petitioner are the DJI Phantom 2 , Tarot 810 , and DJI Inspire 1

. The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21 and any associated noise certification and testing requirements of part 36, is not necessary. The Basis for Our Decision You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s . 11062 to Astraeus Aerial ( 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 Lab s , 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 proportions, 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. Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11 062, 11109, 11112, and 11213 ;
 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest. Our Decision In consideration of the fore going, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Extreme Aerial Works, LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a),3

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aeria l data collection

. This exemption is subject to the conditions and limitations listed below. Conditions and Limitations
In this grant of exemption, Extreme Aerial Works, LLC is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.
1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 , Tarot 810 , and DJI Inspire 1 when weighi ng less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA must be operated within vis ual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.
6. All opera tions must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.4

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinaf

ter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the pr ocedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its ope rating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exem ption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.
8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from o ther people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.
9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operatio n. 10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. , inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.
13. Under this grant of e xemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a5

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
14. The operator may not perm it any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from pers ons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- build ing) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedic ated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accord ance with 14 CFR § 91.119.
15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- publi shed aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.
17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
18. If the UAS loses communications or loses it s GPS sign al, the UA must return to a pre - determined location within the pr ivate or controlled

- access property. 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.6

21. Air T raffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be con ducted under the terms of the attached COA

. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR pa rt 45, Subpart C. Markings must be as large as practicable.
23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
24. The UA must remain clear a nd give way to all manned aviation operations and activities at all times.
25. The UAS may not be operated by the PIC from any moving device or vehicle.
26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protectio n. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported7

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply. 29. The operator must have a motion picture and televisio n operations manual (MPTOM) as documented in this grant of exemption.
30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) w ith jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used; e. Name and certificate number of UAS PICs involv ed in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.
31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified in this grant of ex emption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on May 31, 2017 , unless sooner superseded or rescinded. Sincerely,
/s/ John S. Duncan Director, Flight Standards Service

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u ite K r ial@gmail.comExtreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### I. PETITION SUMMARY Pursuant to Section 333 of the FAA Mo dernization and Reform Act of 2012, Pub. L. No. 112-95 (2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general exemptio n authority under 49 U.S.C. § 44701(f), Extreme Aerial Works, LLC (“Petitioner”) hereby petitions for exemptions from 14 C.F.R. Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a ), 91.407(a)(1) 91.409(a)(2), 91.417(a)-(b). The proposed exemptions, if granted, would allow Petitioner to operate small, camera-mounted unmanned aircraft sy stems (“UAS”) weighing 55 pounds or less for the purpose of Aerial video and/or photography, web videos, corporate videos, television programs and commercials, and still photography.
Based on the small size of Petitioner’s UA S, the qualifications and experience of Petitioner’s UAS operators, and the restrict ed, sterile environment within which Petitioner will operate, the requested exemptions fall squarely within the zone of safety envisioned by Congress and set forth in Sec tion 333. Additionally, the enhanced safety achieved by replacing significa ntly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew and operated under the specific guidelines and procedures proposed by Petitione r gives the FAA good cause to find that the UAS operations enabled by the instant Pe tition are in the public interest. Thus, the requested exemptions should be granted.Extreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### II. BACKGROUND Pursuant to Section 333 of the FAA Mode rnization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Extrem e Aerial Works, LLC, operator of an Unmanned Aircraft System (UAS), hereby applies for an exem ption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as such operations ar e conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Commercial operation of an UAS, as desc ribed herein, which are equipped with camera(s) and sensors, would op erate in the following manner:

 Aerial photography and/or vi deo for public and/or private use including real estate, architecture, land surveying, engineering and other related pr ofessional activities.

 Aerial video and/or photogra phy for public and/or private use including television, public events, cinematograp hy and news gathering.

 Aerial inspection/photography of residen tial/commercial structures under contract with the owners or local government authority.

 Aerial inspection/photography of resi dential/commercial u tility infrastructure including but not limited to electrical power lines, wind turbines and cell towers.

 Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergenc y or natural disaster only when the local authorities or government has reques ted it by contract or donation.Extreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

###  The ability to offer training to persons individually or belonging to both private and/or public organizations that have intere sts in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property. As described fully below, the requested ex emption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provid e safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approva l of this exemption would thereby enhance safety and fulfill the S ecretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establis h requirements for the safe operation of such aircraft systems in th e national airspace system.” In order to continue to provide the highest level of service, and to promote safety by eliminating the need for large manned aircraft on a filming set, Petitioner seeks regulatory exemptions that will allow Petitioner to employ camera- mounted UAS technology in the Aerial filming and production process.

III. STATUTORY AUTHORITY A. Section 333 Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems,” provides a mechanism for s eeking expedited FAA authorization of safe civil UAS operations in the National Airspace System (“ NAS”). Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the nationalExtreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### airspace system before completion of the [c omprehensive] plan and rulemaking required by section 332(b)(1) of this Act or the guida nce required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear th at Section 333 provides a mechanism for “expedited operational authorization.” The F AA has committed to complying with this mandate by granting several petitions almost identical to the one at hand. See, e.g., Exemption No. 11062, Regulatory Docket No. FAA-2014-0352 (granting regulatory exemptions to Astraeus Aerial for operation of unmanned aircraft systems for the purpose of filming for the motion picture and television industry). Section 333(b) identifies several fact ors that the FAA should consider in determining whether commercial UAS operati ons should be approved. These include UAS that, “as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation wi thin visual line of sight do not create a hazard to users of the [NAS] or the public or pose a threat to national security.” See Section 333(b).
B. Section 44701(f) In addition to the specific authority conferred by Section 333, the FAA Administrator has general authority to grant exemptions from the FAA’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See U.S.C. § 44701(f).Extreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### IV. REQUESTED EXEMPTIONS Petitioner requests relief from the following regulations:
Part 21 prescribes, in pertinent part, the pr ocedural requirements for issuing and changing design approvals, production appr ovals, airworthiness certificates, and airworthiness approvals.
Section 61.113 prescribes that “no person who holds a private pilot certificate may act as a pilot in command of an aircraft th at is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft,” ( see Section 61.113(a)), and that “a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not ca rry passengers or property for compensation or hire,” ( see Section 61.113(b)). Section 61.133(a) sets forth privileges for pe rsons holding commercial pilot certificates, including a provision impliedly limiting to persons holding a commercial pilot certificate the ability to act as pilot in command of an aircraft “[f]or compensation or hire.” Section 91.7(a) prescribes, in pertinent part, th at no person may operate a civil
aircraft unless it is in an airworthy condition. Section 91.9(b)(2) prohibits operation of U.S. registered civil aircraft unless there is available in the aircraft a current approv ed Airplane or Rotorcraft Flight Manual,Extreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### approved manual material, markings, and pl acards, or any combination thereof. Section 91.103(b)(1) prescribes, in pertinent part , that each p ilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include, “For any flight, runway lengths at airports of intended use, and the following takeoff and landing di stance information:... For civil aircraft for which an approved Airplane or Rotorcraft Fl ight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein.” Section 91.119(c) prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the follo wing altitudes: “Over other than congested areas. An altitude of 500 feet above the surf ace, except over open water or sparsely populated areas. In those cases, the aircraft ma y not be operated closer than 500 feet to any person, vessel, vehi cle, or structure.” Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an al timeter that is set “t o the elevation of the departure airport or an appropriate alti meter setting available before departure.” Section 91.151(a) prescribes that no person may be gin a flight in an airplane under VFR conditions unless (considering wind an d forecast weather conditions) there is enough fuel to fly to the first point of in tended landing and, assuming normal cruising speed, (1) during the day, to fl y after that for at least 30 mi nutes; or (2) at night, to fly
after that for at least 45 minutes.Extreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### Section 91.203 prohibits, in subpart (a), any pe rson from operating a civil aircraft unless it has within it (1) an appropriate and cu rrent airworthiness certificate; and (2) an effective U.S. registration certificate issu ed to its owner or, for operation within the United States, the second copy of the Aircraft Registration Application as provided for in § 47.31(c). Section 91.203 prescribes, in subp art (b), that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entr ance so that it is le gible to passengers or

crew. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have the aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provid ed in paragraph (c) of the same section, have discrepancies repaired as pres cribed in Part 43 of the chapter. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calenda r months, it has had an inspection for the
issuance of an airworthiness certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that- (a) Each registered owner or operator shall keep the following recordsExtreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventative maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft fo r return to service.

(2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are requir ed to be overhauled on a specified time basis.Extreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### (iv) The current inspection status of the aircraft, including the time since the last in spection required by the inspection program under wh ich the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revisions date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms pres cribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is re peated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time theExtreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircra ft is approved for return to service.
V. PETITIONER’S PROPOSED OPE RATIONS SATISFY SECTION 333. A. Unmanned Aircraft System The UAS to be operated under this reque st are less than 55 lbs. fully loaded, will be operated at a speed of no more than 50 knots, carry neither a pilot nor passenger, carry no explosive materials or flammable liquids, and operate exclusively within a secured area. Petitioner’s UAS use a radio frequency spectru m for operation and control that complies with Federal Communications Commission (“FCC”) requirements, and Petitioner has integrated safety features into the UAS, as described in Petitioner’s Flight Operations and Procedures Manual (“FOPM”) (“operations manuals”). 1



### Petitioner’s UAS are e quipped with redundant safety mechanisms allowing them to operate safely after experiencing certain in -flight failures. If a lost-link event occurs, including the loss of ground communications and/or the loss of a GPS signal, Petitioner’s UAS have the ability to perform a pre-coor dinated, predictable, automated flight

1 

### The FOPM will be submitted separate ly and confidentially under 14 C.F.R. 11.35(b), as the manuals contain propri etary information that the applicant has not and will not share with others. The manuals contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. §§ 552, et seq.Extreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### maneuver and return to a predetermined location within a designated security perimeter for landing. The UAS further have the ability to abort a flight in the event of unpredicted obstacles or emergencies. All flights wi ll be terminated after a maximum of 30 minutes

or with 25% remaining battery power, whicheve r occurs first. Thus, good cause exists for granting Petitioner’s requested relief from 14 C.F.R. § 91.151(a) (setting forth fuel requirements for flight in VFR conditions). Petitioner’s UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N-Number) markin gs in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.121 (Altimeter Settings), Petitioner seeks such relief be cause Petitioner will not have a typical barometric altimeter onboard the UAS. Instea d, altitude information will be provided to the UAS PIC via a digitally encoded telemetr ic data feed, which downlinks from the aircraft to a ground-based on- screen display. The altitude information will be generated by equipment installed onboard the UAS, us ing GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be establishe d and confirmed for accuracy by the UAS PIC. Thus, good cause exists for granting the requested relief from 14 C.F.R. § 91.121. Given the size, weight, speed, and limite d operating area associated with the aircraft to be utilized by the applicant, an exemption from 14 C.F.R. Part 21, Subpart HExtreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### (Airworthiness Certificates), subject to certain conditions and limitations, is warranted (if necessary) and meets the requirements for an eq uivalent level of safety under 14 C.F.R. Part 11 and Section 333. The UAS operated without an airw orthiness certificate in the restricted environment and under the co nditions and limita tions proposed by Petitioner will be at least as safe, or safer, than a conven tional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issu ed under 14 C.F.R. Part 21, Subpart H, and not subject to the proposed limitations and conditions. Petitioner will strictly comply with safety and maintenance proced ures included in all applicable UAS manufacturer’s inst ructions and operating manuals. To the extent such information is not included in the guidelines developed by the manufacturers, Petitioners will develop and document maintenance, overhaul, replacement, and inspection requirements, procedures to document and ma intain maintenance reco rds with regard to Petitioner’s UAS, and UAS technician qualif ication criteria. Petitioner’s operations manuals will include maintenance requirements for Petitioner’s UAS, including “oncondition” maintenance and modifications. In light of these mitigating factors, exemptions from 14 C.F.R. §§ 91.405(a ), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) are warranted.
B. UAS Pilot in Command Petitioner’s UAS pilot in command (PIC ) shall have passed the FAA ground school examination and shall hold at least a third-class medica l certificate but shall not beExtreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### required to hold a current pilot’s license. Since there are no standards for either private

or commercial UAS pilot certificates, knowled ge of airspace regulations acquired from FAA ground school and dexterity in the cont rol and operation of the UAS acquired from actual operation of the aircraft will be the most important factors in establishing an equivalent level of safety. According to the FAA, “the FAA co nsiders the overriding safety factor for the limited operations propos ed by the petitioner to be the airmanship skills acquired through UAS-specific flight cy cles, flight time, and specific make and model experience, culminating in verification through testing.” See Exemption No. 11062, Regulatory Docket No. FAA-2014-0352, at p. 18. With those factors in mind, Petitioner’s UAS PIC shall be required to me et several conditions and limitations as outlined in the FOPM and MPTF OM, including the following:

• The UAS PIC will have accumulated and logged a minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type (single blade or multirotor).

• The UAS PIC will have accumulated and logged a minimum of five hours of flight time with the specific make and model of the UAS to be utilized for operations under the exemption an d three take-offs and landings in the preceding 90 days.Extreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### • The UAS PIC will have successfully completed the qualification process as specified in the operations manuals, to include a knowledge and skill test. 2 

### Regarding Petitioner’s requested relief from 14 C.F.R. § 91.7(a), it is Petitioner’s understanding that Petitioner’s UAS will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H, and that exemption from 14 C.F.R. § 91.7(a) is therefore unnecessary. To the exte nt such an exemption is deemed necessary, Petitioner asserts that it should be granted in light of the safety procedures proposed herein. In accordance with th e pertinent part of 14 C.F. R. § 91.7(b), the operator in command of Petitioner’s UAS shall be responsible for determining whether the aircraft is in a safe condition for flight. Petitioner’s manuals for maintenance and operations shall include safety checklists to be used by th e operator in command prior to each flight. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.9(b)(2) (Civil aircraft flight manual, marking, and placard requirem ents and § 91.203(a) and (b), (Civil aircraft: certifications required), it is Petitioner’s unde rstanding that relief from these regulations is no longer necessary in light of the FAA Memorandum “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control

2 

### Prior to operating, the PIC will be required to pass the knowledge and airmanship test qualifications developed by Petitioner for th e UAS (which will be included in Petitioner’s operations manuals). There are no established practical test standards that support a jurisdictional FAA FSDO (“Flight Standards Dist rict Office”) evaluation and approval of company designated examiners. Petitioner will conduct these tests in accordance with its operations manuals. Given the constraints of the proposed operations, this procedure for testing will not adversely affect the safety of the NAS.Extreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### station,” dated August 8, 2014. To the exte nt the FAA deems an exemption from this section necessary for Petitioner’s proposed op erations, such exemption should be granted in light of the mitigating fact that Petiti oner will maintain the documents required under 14 C.F.R. §§ 91.9 and 91.2 03 at the UAS ground contro l station during flights. Additionally, 100% of Petitioner’s operations will utilize a visual observer (“VO”). The VO may be used to satisfy th e VLOS requirement as long as the PIC always maintains VLOS capability. The VO and the PIC will be able to communicate verbally at all times during operational flights. Regarding Petitioner’s requested relief fr om 14 C.F.R. § 91.103(b)(1), Petitioner will comply with the other applicable procedur es and requirements stated in § 91.103(a) and (b). Specifically, the PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance da ta, and landing and takeoff distances before initiation of a flight. The PIC will also accoun t for all relevant site-specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and in itiate a return-to-home sequence if needed. The PIC’s UAS operation will be limited to a unique and restricted environment. Given the (1) separation of closed-set f ilming operations from other manned operations, (2) parallel nature of aeronautical knowledg e requirements incumbent in the FAA ground school exam and the process of obtaining a private pilot’s license, and (3) the proposed UAS airmanship skills of Petitioner’s PICs, th e additional manned airmanship experienceExtreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### of a private pilot would not correlate to the airmanship skills necessary for Petitioner’s proposed unmanned operations. Thus, Petitione r’s request for relief from 14 C.F.R. § 61.113(a) and (b) and § 61. 133(a) should be granted.
C. Operating Parameters of Petitioner’s UAS Petitioner’s UAS operations will be conduc ted within a sterile environment of closed-set filming. In this controlled envi ronment, Petitioner’s operations will remain within VLOS of the PIC and VO, below 400 feet AGL, and at sp eeds below 50 knots. Only participating persons will be pe rmitted within the operating area. 3 

### Consistent with the relief typically provided to manned operations under FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Petitioner requests re lief from 14 C.F.R. § 91.119(c) with respect to those participatin g persons, vehicles, a nd structures directly involved in the performance of the actual film ing. Regarding distance from participating persons, the operations manuals set forth safe ty factors for authorized and consenting production personnel. Because those procedures are specific to participating persons, no further FSDO or aviation safety inspector approval is necessary for reductions to the distances specified in Petitioner’s manuals. Regarding the distance from nonparticip ating persons, Petitioner will ensure that no persons are allowed within 500 feet of th e operating area except those consenting to

3 

### Pursuant to Order 8900.1 V3, C8, S1, “p articipating persons” includes all persons associated with the filming production. Pa rticipating persons will be briefed on the potential risk of the proposed flight operati ons and must acknowledge and accept those risks prior to participation.Extreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### be involved and necessary for the filming prod uction, with the possibility of reducing this distance to no less than 200 feet if it w ould not adversely affect safety and the Administrator has approved it. This is cons istent with FAA Orde r 8900.1, V3 , C8, S1. Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a non-towered airport unle ss a letter of agreement with that airport’s management is obtained and the operation is conducted in accordance with a Notice to Airmen (“NOTAM”). Additionally, Petitioner will not operate in Class B, C, or D airspace without written approval from the FAA. Nor will Petitioner operate the UAS less than 500 feet below or less than 2,000 feet hor izontally from a cloud or when visibility is less than 3 statute miles from the PIC. Petitioner’s UAS will remain clear and yi eld the right of way to all manned operations and activities at all times (includi ng, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hangliders). Although Petitioner seeks to co mply with the waiver process as described in FAA Order 8900.1, Volume 3, Chapter 8, Section 1 (Issue a Certificate of Waiver for Motion Picture and Television Filming), the current section of Order 8900.1 has specific processes that preclude a jurisdictional FAA FSDO from issuing the required Certificate of Waiver, because the section did not orig inally provide for UA S operations. Thus, Petitioner seeks exemption from the applicable regulations normally waived during that process. Petitioner proposes that the FAA include the required notifications andExtreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### coordination with jurisd ictional FSDOs through the conditions and limitations accompanying the requested exemption, and that the exemption sought herein will take the place of the Certificate of Waiver normal ly issued by a jurisdictional FSDO under 8900.1. Under this rubric, Petitioner will no tify every FSDO with jurisdiction over the area that Petitioner plans to operate, just as with manned filming operations, and those FSDOs will have the ability to coordinate further conditions and limitations with the UAS Integration Office to address any local concerns. Petitioner will obtain an Air Traffic Organi zation (“ATO”) issued Certificate of Waiver or Authorization (“COA”) prior to co nducting any operations under this grant of exemption. In fulfilling its requirements unde r the COA, Petitioner will be required to request a NOTAM not more than 72 hours in a dvance, but not less than 48 hours prior to the operation.
D. The Requested Exemption Promotes the Public Interest The enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with sma ll UAS carrying no passengers or crew and operated under the specific guidelines and pr ocedures proposed by Petitioner gives the FAA good cause to find that the UAS operati ons enabled by the inst ant Petition are in the public interest. Moreover, as the FAA ha s already recognized, “UAS provide an additional tool for the filmmaking industry, ad ding a greater degree of flexibility, whichExtreme Aerial Works, LLC Charlotte • Philadelphia • Miami 704-254-1809 

### supplements the current capabilities offered by manned aircraft.” See Exemption No. 11062, Regulatory Docket No. FAA-2014-0352, at p. 22.
VI. CONCLUSION For the foregoing reasons, the regulatory exem ptions requested herein should be granted and Petitioner should be permitted to conduct small UAS aerial video and aerial photography commercially over certain areas of the United States.
Respectfully submitted,

By Herbert Pierre-Louis, Jr Managing Member, Co-Founder Extreme Aerial Works, LLC