U. S. DepartmentofTransportation October 29th, 2015 Docket Management System 1200 NewJersey Ave. SE Washington, DC 20590

Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR Part 21; 14C.F.R. 45.23(b); 14CFR 61.113 (a) 

### & (b); 14C.F.R. 91.7 (a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103; 14C.F.R. 91.109; 14 C.F. R. 91.119; 14C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) 

### & (b); 14 CFR 91.405 (a}; 14CFR 407 (a) (1); 14CFR 409 (a} (2); 14CFR 417 (a) 

### & (b) Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, David Brown, operator ofSmall Unmanned Aircraft Systems ("sUASs") equipped to conduct aerial videography and photography for the motion picture, television, and commercial videography industryfor closed set filming, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its sUASs, so long as such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333. As described more fully below, the requested exemption would permitthe operation ofsmall, unmanned and relatively inexpensive sUAS under controlled conditions in the NAS that is 1) limited 2) predetermined 3) controlled as to'access. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establish requirements for the safe operation ofsuch aircraft systems inthe national airspace system." Section 333(c) ofthe Reform Act. The name and address ofthe applicant is: Capt. David Brown Marine and Aviation Solutions llC 8369 NW66 St Miami, Florida 33166 (340) 513-0828 1Regulations from which the exemption is requested: 14CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) 

### & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 

### & (b) 14CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) 

### & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In makingthis determination, the Secretary is required to determine which types ofsUASs do not create a hazard to users ofthe NAS orthe public or pose a threat to national security in lightofthe following:

• The sUAS's size, weight, speed, and operational capability;

• Operation ofthe sUAS in close proximityto airports and populated areas

• Operation ofthe sUAS within visual line ofsight ofthe operator. Reform Act§ 333 (a). Lastly, ifthe Secretary determinesthat such vehicles /Imayoperate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." ld. §333(c) (emphasis added). 

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The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator maygrant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section orany sections 44702-44716 ofthis title iftheAdministrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). David Brown owns a DJI sUASs rotorcraft, weighting 55 orfewer lbs. including payload. They operate, under normal conditions at a speed of no morethan 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line ofsight and will operate onlywithin a predetermined and closed offproperty area underthe permission ofthe property representative. Such operations will insure thatthe sUAS will "not create a hazard to users ofthe national airspace system orthe public. Such operations will insure thatthe sUAS will "not create a hazard to users ofthe national airspace system orthe public" as perthe Reform Act Section 333 (b). Given the small size ofthe sUASs involved and the restricted sterile environmentwithin which theywill operate, the applicantfalls squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations ofsUASs to commence immediately. Also due to the size ofthe sUASs and the restricted areas in which the relevant sUASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing sUASs for movie and commercial videography operations, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption without delay. AIRCRAFT AND EQUIVALENT LEVEl OF SAFETY The applicant proposes thatthe exemption requested herein applyto civil aircraftthat have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent oreven higher level ofsafety to operations underthe current regulatory structure because the proposed operations are conducted on closed off property underthe permission ofthe property owneror property representative. These limitations and conditions to which David Brown and Marine and Aviation Solutions LLC agrees to be bound when conducting commercial operations under an FAA issued exemption include: 

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1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofa pilot and/orobserver. 3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur priorto the 30 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist ofthe sUAS Pilot, and the Visual Observer. 6. sUAS Pilot will be Pilot in Command (PIC). Ifthe PIC deems anotheroperatorto be qualified with the necessary skills to be PIC, that person can also be designated as PIC provided they have a minimum of40 hours offlighttime with the sUAS. 7. Flights will be operated at a lateral distance ofat least 50 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation orwho have not signed a waiver in advance ofthe operation. 8. A briefing will be conducted in regard tothe planned sUAS operations priorto each day's production activities. Itwill be mandatorythat all personnel involved with the operational duties ofthe flight within the boundaries ofthe safety perimeter be present forthis briefing. 9. The operatorwill file an FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, withthe appropriate local Flight Standards District Office. 10. The operatorwill obtain the consent ofall persons involved in the filming and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and this radius may be reduced to 30 feet based upon an equivalent level ofsafety determination. With the advanced permission ofthe relevant FSDO, operations at closer range can be approved 11. The operatorwill file an FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, with the Flight Standards District Office ("FSDO"). 12. Pilot and observerwill have been trained in operation ofsUAS generally and received up-to-date information on the particular sUAS to be operated. 13. David Brown holds an FAA Private Pilot License for single engine land and sea with over300 hours flighttime and is currently in instrument and commercial training. FAA certificate 2810817 as well as a currentthird class medical. 14.0bserverand pilot will at all times be able to communicate by voice, radio, and/ortext. lS.Written and/or oral permission from the relevant property holders or property representatives will be obtained. 

### 416. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, orother appropriate governmental agencies. 17. Ifthe sUAS loses communications or loses its GPS signal, the sUAS will have the capabilityto return to a pre-determined location within the Security Perimeter and land autonomously. 18. The sUAS will have the capability to abort aflight in case of unpredicted obstacles, weather, or emergencies. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstratesthatthe sUAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The sUAS to be operated hereunder is Jess than 55 Jbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements, to provide securityforthe area ofoperation as is now done with conventional filming. The FAA will have advance notice ofall operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greaterdegree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no credible threatto national security posed bythe sUAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft orexperimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable. 

### 5Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe sUAV, two-inch letteringwill be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level ofsafety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) wherethe pilot, observer and others working with the sUAS will see the identification ofthe sUAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 

### 10700,8738, 10167 and 10167A. 14 C.F.R. § 61.113 (a) 

### & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) 

### & (b) limit private pilots to non-commercial operations

. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operatingthe aircraftto have no less than 40 hours offlight time with the sUAS. Unlike a conventional aircraftthat carries the pilot and passengers, the sUAS is remotely controlled with no livingthing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance. 14C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety check lists priorto each flight, as set forth in Sections

### J, Land Q, an equivalent level ofsafetywill be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approvedairplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, notonly because there is no pilot on board, but because there is no room or capacityto carry such an item on the aircraft.



### 6The equivalent level ofsafety will be maintained by keeping the flight manual atthe ground control point where the pilotflyingthe sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602,32827, and 10700. 14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight. 14 C.F.R. §91.109: Flight instruction: Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplishedthrough the use ofa control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight training withoutfullyfunctional dual controls for a numberofaircraft and forflight instruction in experimental aircraft. See Exemption Nos.5778K 

### & 9862A. The equivalent level ofsafety provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. 14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudesfor operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higherthan 400 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structurewhose height exceeds 400 feet AGL, the sUAS will not be operated more than 100' above the highest point on the structure. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe propertyowner or local officials. Because ofthe advance notice to the property ownerand participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently 

### 7presented with conventional aircraft operating at or below 500 AGL in the movie industry. In addition, the low-altitude operations ofthe sUAS will ensure separation between these small- UAS operations and the operations ofconventional aircraftthat must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimetersetting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuant to the safetycheck list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first pointof intended landing, and, assuming normal cruising speed- (1) During the day, tofly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes." The battery poweringthe sUAS provides approximately 30 minutes of powered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limitedto approximately 10 minutes in length. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a longertime frame for flight in daylight ortwilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation tooperate without compliance with FAR 91.151 (a)). Operatingthe small UAS, in atightlycontrolled area where only people and propertyowners or official representatives who have signed waivers will be allowed, with Jess than 30 minutes of reserve fuel, does not engender thetype of risks thatSection 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utilityfor which the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limitingflights to 30 minutes or 25% of battery power- whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to otheroperations, including Exemptions 2689F, 5745, 10673, and 10808.



### 814 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person mayoperate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that it is legible to passengers or crew. The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto display them on the sUAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control point where the pilotflying the sUAS will have immediate access tothem, tothe extentthey are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applytothe applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level ofsafetywill be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the sUAS can land immediatelyand will be operating from no higherthan 400 feet AGL. The operatorwill ensure thatthe sUAS is in working order priorto initiatingflight, perform required maintenance, and keep a logofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthycondition to provide the equivalent level ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the sUAS Manufacturer's Manual, as referenced in theAircraft Operations Manual. As provided in the Operations Manual, the operatorwill ensure thatthe sUAS is in working order priorto initiatingflight and perform required maintenance needed.



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Additional views and information OftheApplicant Capt. David Brown is a US Coast Guard Master Marinerand Private Pilot. He has been in the marine and aviation industryfor more than 31 years. He has worked with manyofthe world's best photographers making commercials forGrey Goose, Chane!, Brooks Brothers, Sperry and many more. He has been responsible in his use ofyachts, power boats, planes and manyothervehicles never receiving afine oreven a insurance claim in 31 years as operator, captain or pilot.

Pursuant to 14C.F.R. Part 11, thefollowingsummary is provided for publication in the Federal Register, should it be determinedthat publication is needed: Applicant seeks an exemptionfrom the following rules: 14 C.F.R. §21, subpart H; 14C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) 

### & (b);91.7(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) 

### & (b) to operate commercially a small unmanned vehicle (551bs or less) in motion picture, television, and commercial videography operations. Approval ofexemptions a!towingcommercial operations ofsUASs inthe film industrywill enhance safety by reducing risk. Conventional film operations, usingjetor piston poweraircraft, operate at extremely lowaltitudesjustfeet from the subject beingfilmed and in extreme proximityto people and structures; and presentthe risks associated with vehicles thatweigh in the neighborhood of4,000ibs., carrying large amounts ofjetA orotherfuel (140 gallons forjet helicopters.) Such aircraft mustflyto and from the film location. In contrast, a sUAS weighing fewerthan 55 lbs. and powered by batteries eliminatesvirtuallyall ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carriedtothe film set. The sUAS will carry no passengers orcrew and, therefore, will not expose them to the risks associatedwith manned aircraftflights. The operation ofsmall UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafetysupportingthe grantofthe exemptions requested herein, including exemptingthe applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraftoperate at slow speeds, close tothe ground but under400 feet AGL, and in a sterile environment and, as a result, are far saferthan conventional flight operations conducted with turbine helicopters operating in close proximityto the ground and people.

10Privacy All flights will occur over private orcontrolled access propertywith the property representative or owner's prior consent and knowledge. Filmingwill be of people who have also consented to being filmed or otherwise have agreed to be in the area where filmingwill take place. All flights will occur in accordance with any state or local laws regarding privacy. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security- provide more than adequatejustification forthe grant ofthe requested exemptions allowing commercial operation of applicant's sUAS in the motion picture, television, and commercial videography industry. Sincerely, Capt. David Brown sUAS Pilot/Operator



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