UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. FAA-2007-3330

PETITION FOR EXEMPTION OF:

Instrumental Media

SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

Subchapter C section 21 subpart H, Subchapter F parts 91.103, 91.105, 91.109, 91.119, 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b)

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2, UNMANNED AIRCRAFT SYSTEMS PURSUANT TO

SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on March 4, 2016

Obed McCalip Owner Instrumental Media

21902 Winsome Rose ct. Cypress, TX Tel:(832)278-8515 Email: obed@instrumentalmedia.tvGLOSSARY OF ABBREVIATIONS

AGL - Above Ground Level

AOI - Area of Interest

ATC - Air Traffic Control

ATO - Air Traffic Organization

AV - Aerial Vehicle

CFR - Code of Federal Regulations

COA - Certificate of Authorization

FAA - Federal Aviation Administration

FAR - Federal Aviation Regulation

GCS - Ground Control Station

GPS - Global Positioning System

LOL - Loss of Link

NAS - National Airspace System

NOTAM - Notice to Airman

PIC - Pilot In Command

PO - Payload Operator

SECTION 33 - FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP - Standard Operating Procedures

UA - Unmanned AircraftUAS - Unmanned Aircraft System

VFR - Visual Flight Rules

VLOS - Visual Line of Site

VMC - Visual Meteorological Conditions

VO - Visual Observer

VTOL - Vertical Takeoff and LandingTABLE OF CONTENTS

Summary..............................................................................5

Description of Unmanned Aircraft...............................................6

Description of Ground Control Station.................................................9

Flight Crew qualifications and description...................................10

Unmanned Aircraft System operations and limitations ..................13

Name and address of Petitioner ........................................................16

List of regulations for consideration of exemption..............................17

Summary for Federal Register ..................................................22

Conclusion..........................................................................................23SUMMARY

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Instrumental Media seeks exemption from requirements of 14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.11; 14 C.F.R. § 91.103; 14 C.F.R. § 91.105; 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. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b) to operate the Unmanned Aircraft Systems detailed below in support of commercial aerial photography and videography of events, activities, individual commercial, public, and residential properties and structures with owners/operators/coordinators permission and appropriate authorization. Instrumental Media’s Senior Pilot is currently a Videographer/Editor with over 15 years of professional experience and UAS experience since 2012 with over 250 hours of UAS flight hours.

The request for this exemption is in the Public Interest as there are many consumer applications for the services that can be provided by UAS that are currently conducted by manned aircraft. Using a UAS for many of these applications creates an environmentally friendly, lower cost solution to both the operator and consumer. These aircraft can be operated without risk of loss of life or limb, and without significant financial impact to the operator or any person or property on the ground in the event of the loss of an aircraft. Utilizing these UAS will create a safe and more productive work environment, reduce environmental pollution and have a positive impact on the local economy which is in the Public Interest.THE UNMANNED AIRCRAFT (UA)

Instrumental Media will be using 1 variant of DJI Innovations commercially available UAS systems; the Phantom 2. System specifications, flight and maintenance manuals of each system are available upon request.

1. Phantom 2 User manual

2. Intelligent Flight Battery safety guidelines

• The Phantom variations manufactured by DJI Innovations, are lightweight 4 electric motor/ rotor, battery operated quadcopter with a 3.0lb gross weight that take off and land vertically. The Phantoms have a length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. Its avionics suite contains an on- board flight computer with GPS navigation and an Inertial Measurement Unit (IMU) based attitude stability system. Also included is a barometric altimeter sensor and compass unit. An on- board processor receives signals for flight and payload control from a ground-based transmitter/controller/ground station device. An on-board telemetry system delivers flight data from the flight computer to the downlink radio transmitter to provide the Pilot in Command (PIC) with information such as altitude AGL, horizontal and vertical speed, compass direction of flight, bearing and distance to the controlling station, current waypoint, battery status, current flight mode, GPS health status, loss of link status, and GPS position. This data is displayed to the PIC via the Ground Control Station (GCS) application running on one or more computer devices such as a smart phone, tablet or PC.• The system carries an on-board camera capable of capturing imagery in the form of full color, high definition still photos and real time video. The video stream and still pictures can be sent via the downlink transmitter to the Ground station for the PIC and optional Payload Operator (PO) to view, record, and stream.

• All UA system described above has a GPS aided “Return Home” function in the event of a loss of link condition or a low battery condition. The return home function can also be commanded by the PIC in the event of disorientation or loss of eye contact. Prior to any flight operation the PIC will set the desired “Home” location and altitude the UA will fly while returning to the home location. The UA’s onboard autopilot system will maneuver the UA back to the home location and land automatically if it has
been commanded or if a loss of link has occurred.

• All UAs that will be operated by Instrumental Media will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking in a size as large as practical for the size of
the UA.

• All UAs that will be operated by Instrumental Media will be maintained in accordance with the manufactures maintenance and user manuals. Repairs, inspections (except preflight), component changes, and software/firmware updates will be recorded in the UAs airframe maintenance logbook. Logbook entries will include date, airframe serial number, registrationnumber, current airframe flight time, description of work performed, part number and serial number of components replaced if available, signature of person performing the work.THE GROUND CONTROL STATION/CONTROLLER:

The UAS product Instrumental Media intends to operate under this exemption use a series of components to comprise the Ground Control Station (GCS). The first and primary components of the ground segment is a handheld pilot controller and an optional handheld payload controller. The pilot controller provides a user interface for flight attitude and altitude commands augmented by the UA’s onboard IMU and GPS aided stabilization system. The controller also has options for manipulating the flight mode, payload gimbal, camera functions, and landing gear if equipped. The Datalink segment is comprised of an uplink transmitter command/control link using a frequency range of 2.4GHz to 2.48GHz frequency range with a power output of approximately 125mW. The uplink sends flight and payload commands to the UA’s autopilot which then processes the commands along with sensor inputs to manipulate the motor speed controllers and provide the desired response. The downlink transmitter on the UA operates on a 5.728GHz to 5.85GHz and an output power of approximately 25mW. The downlink transmitter provides live video from the on-board camera plus all the UA flight data described above. Downlink data and video is received by the pilot controller and optional payload controller which is then displayed to the PIC and optional PO via an application on a handheld device such as a smart phone, tablet or PC. The GCS application also provides a heads up display of pertinent flight data and UA status reports along with a moving map display. Both the uplink and downlink transmitters have been tested and comply with part 15 of the FCC rules for a class B digital device.UAS FLIGHT AND SUPPORT CREW:

The Pilot in Command (PIC) is the individual responsible for and in operational control of the flight operation from beginning to end. The PIC performs the preflight inspection of the UA, the preflight risk assessment, obtains all available information pertaining to the flight and briefs the other crew-members. The PIC will not change once a flight has begun. During instructional flights the PIC will be the Instructor. The following minimum experience and currency requirements will be utilized.



### • A Instrumental Media UAS PIC will hold a UAS Instructor Pilot/ Operator Certificate. 

### • A Instrumental UAS PIC will hold a current class II flight physical.



### • Prior to commercial operations the Instrumental Media UAS PIC will have logged a minimum of 25 hours as PIC of a UAS.



### • Prior to commercial operations the Instrumental Media UAS PIC will have logged a minimum of 5 hours of PIC time in the make and model UAS being used.



### • A Instrumental Media UAS instructor pilot will hold a current UAS flight instructor certificate



### • A Instrumental Media UAS instructor will have logged a minimum of
200 hours of UAS instruction.



### • A Instrumental Media UAS instructor will have logged a minimum of
50 hours as PIC of a UAS.



### • A Instrumental Media UAS instructor will have logged a minimum of 5 hours of PIC time in the make and model of UAS being used.



### • Within 90 days of a UAS commercial operations a Instrumental Media UAS PIC will perform the following UAS currency events.• 3 Takeoffs and Landings

• 1 recovery from a simulated loss of link event.

• Students receiving UAS training at XYZD will be verified as U.S. citizens or approved by the Transportation Security Administration TSA as required by the regulations of CFR 49 subpart 1552.

• The Visual Observer (VO) is the person or persons providing visually observation of the UA while in flight to alert the PIC of any risk factors inflight such as traffic, unauthorized personnel in the flight area, collision hazards to the UA, etc. The VO will maintain communication with the PIC at all times. Multiple VO’s can be used for operation but not in a “daisy chain” arrangement, the UA will remain in visual range of both the PIC and VO(s) at all times. The VO does not require a specific pilot certification or medical but will receive the following training prior to conduction operations as a VO.



### • Overview of the UAS being used.



### • Limitations of the UAS, COA, and Exemption authorization.



### • Maintaining orientation of the UA inflight.

### • Proper communication to the PIC.



### • Traffic and obstacle scanning.



### • Conducting an IMSAFE assessment.



### • The Payload Operator (PO) is an additional crew-member that can be used to perform the duties of operating the UA payload system while inflight. The PO will have an additional dedicated payload controller and display linked to the PIC flight controller. The PO controller will be a slave controller that can only manipulate the payload controls and not the flight control of the UA. During any portion of the flight if the PIC deems it necessary the PIC can regain payload control back to the master controller. The PO would not be considered a required crew-member for any flight operation. The PO would be considered support personnel used to relieve workload on the PIC in certain operations such as areas of congested obstacles. An assigned PO will not perform the duties of a VO at any time during the flight operation.OPERATION OF THE UA

• The UAS’s size, weight, limited range and payload capacity, along with restricted use within a COA area monitored by Instrumental Media in no way presents a national security issue. The Exemptions requested by Instrumental Media provide for the equivalent, if not a higher, level of safety than the current similar manned airborne photo/video systems due to the dangers associated with much larger, heavier, and faster conventional
manned aircraft.

• Using this exemption to provide type specific UAS flight training will allow Instrumental Media to share our vast knowledge of unmanned operations within the national airspace to enhance safety. Interested students will be provided an approved venue, platform and experienced instructor to develop the knowledge and skills required to safely operate UA’s in the national airspace system.

• Instrumental Media UAS operations will also comply with the following limitations: (a) Operations will occur in Class G airspace at no more than 400 ft AGL or the maximum altitude specified in the COA
limitations. (b) Operations can be conducted within Class E and Class D airspace but only with an approved letter of agreement/ authorization with the controlling agency/airfield manager and will not exceed 400 ft agl or the maximum altitude specified in the COA limitations. (c) Instrumental Media will not operate a UA within 5 NM of an airport or heliport unless prior permission has been obtained from the controlling agency/airfield manager.(d) Instrumental Media will not operate the UA at an airspeed greater than 42 knots. (e) Instrumental Media will only operate the UA in the daytime
under VFR conditions. (f) Instrumental Media will obtain the appropriate COA for the desired flight area as required and remain in compliance with the
COA restrictions. (g) Instrumental Media will file the appropriate NOTAM for the desired flight area as required. (h) Instrumental Media will obtain permission from the property owner, authorized agent or controlling agency prior to operation
at that location. (i) Instrumental Media will ensure the operational area is posted/ access controlled and the operational area is clear of personnel not involved in the UAS flight operation. (j) The Instrumental Media PIC will complete the manufactures preflight checklist as well as the Instrumental Media preflight risk
assessment sheet. (k) Instrumental Media will maintain a copy of the current user/ operations manual for the UAS with the ground control station during operation. (l) Instrumental Media will ensure the UA remains clear of and yield the right of way to all manned aircraft operations and
activities at all times. (m) The UAS will not be operated by the PIC from any moving
vehicle or device. (n) Any incident, action, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA’s Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (“NTSB”). Further flight operations will not be conducted until the incident, accident, or transgression is reviewed by the AFS-80 and authorization toresume is provided.Name and Address of the Petitioner:

The name and address of the Petitioner and point of contact is:

Instrumental Media Attn: Obed McCalip Ph: (832) 278-8515 Email: obed@instrumentalmedia.tvBASIS FOR PETITION AND LIST OF EXEMPTIONS FOR CONSIDERATION

Based on the facts and descriptions we have provided, we respectfully request that the FAA grant Instrumental Media the following requested exemptions:

14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.11; 14 C.F.R. § 91.103;14 C.F.R. § 91.105; 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. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b).

14 C.F.R. 21, Subpart H: Airworthiness Certificate Instrumental Media requests an exemption from 14 C.F.R. 21, Subpart H. This Subpart establishes the procedures for the issuance of an airworthiness certificate. Instrumental Media requests an exemption from Part 21, Subpart H because the UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act due to its small size, light weight, and restricted operating environment.

14 C.F.R 43.11: Records for Inspections Instrumental Media requests an exemption from 14 C.F.R. 43.11. This part provides that maintenance record entries be maintained, that the inspector list discrepancies, and to affix placards to the aircraft. Due to its small size the UAS proposed for use, does not have room for placards to be placed in or on it and no inspections for UAS have been certified by FAA at the present time. However, as a condition to the grant of the exemption, Instrumental Media will perform the inspections and time replaceable items recommended by the manufacturer and keep records and log books of all maintenance and repairs.

14 C.F.R 91.103: Preflight Action Instrumental Media requests an exemption from 14 C.F.R. 91.103. This regulation requires each PIC to take certain actions before flight to insure the safety of flight. As FAA approved flight manuals will notbe provided for the UAS, an exemption is needed. The PIC will follow the manufactures preflight inspection and complete the Instrumental Media preflight risk assessment which includes reviewing weather, flight battery requirements, landing and takeoff areas, loss of link plan, etc. before flight.

14 C.F.R 91.105: Flight Crew-members at Stations Instrumental Media requests an exemption from 14 C.F.R. 91.105. Instrumental Media requests an exemption from 14 C.F.R. 91.105since this part is not applicable due to the UAS carrying no flight crewmembers. An equivalent level of safety will be maintained by ensuring the PIC does not change inflight. In the case of an instructional flight the Instructor is the assigned PIC and with the aid of the onboard stabilization system, handover of master controller and/or use of secondary controller can remain in positive control of the UA flight at all times.

14 C.F.R 91.109: Flight Instruction; Simulated Instrument Flight and Certain Tests Instrumental Media requests an exemption from 14 C.F.R. 91.109. Section 91.109 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. UAS and remotely piloted aircraft, by their design, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety can be maintained with the onboard stabilization system, automatic takeoff and landing feature, and the automatic return home capability. In addition a second slave controller or handover of the master controller can ensure the PIC/Instructor remains in positive control of the UA. Also, increased safety is achieved because the UAS will notcarry pilots or passengers, and the flight area will be clear of all nonflight essential personnel prior to each flight.14 C.F.R 91.119: Minimum Safe Altitudes Instrumental Media requests an exemption from 14 C.F.R. 91.119. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(c) prevents flying an aircraft at an altitude of less than 500 feet or operating an aircraft closer than 500 feet to any person, vessel, vehicle, or structure. As this exemption requests authority to operate at altitudes up to 400 feet, an exemption is needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 feet above ground level. It will however be operated on/over private property with the landowner’s consent. The equivalent level of safety will be achieved given the size, weight, limited speed of the UAS as well as maintaining a location clear of non-essential personnel where it is operated. No flight will be taken without the permission of the landowner, authorized official, or controlling agency. Compared to flight operations with aircraft or rotorcraft weighing far more than the proposed UA’s weight and the lack of flammable fuel on the UAS, any risk associated with the UAS operations is far less than similar operations with conventional aircraft.

14 C.F.R 91.121: Altimeter Settings Instrumental Media requests an exemption from 14 C.F.R. 91.121. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “. . .to the elevation of the departure airport or an appropriate altimeter setting available before departure.” Although the UA does have a barometric altimeter sensor, it is not adjustable and relies instead on a GPS altitude and ultrasonic sensor for displaying AGL altitude to the PIC therefore an exemption is requested. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight as well as the operator receiving live feedback information about the UA, including the height of the UA, its forward velocity, and compass heading. The operator will be able to observe and limit the maximum height of the UA to 400’ AGL or less. Additionally, the UAS will be operated within the line of sight of the PIC and VO.14 C.F.R 91.151(a): Fuel Requirements for Flight in Visual Flight Rules (“VFR”) Conditions Instrumental Media requests an exemption from 14 C.F.R. 91.151(a). Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under visual flight rules conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed: During the day, to fly after that for at least 30 minutes; or At night, to fly after that for at least 45 minutes.” The battery powering the UAS provides approximately 25 minutes of powered flight making it impossible to meet the 30 minute reserve requirement in 14 C.F.R. §91.151. Instrumental Media believes that an equivalent level of safety can be achieved by limiting flights to 25 minutes or 30 percent of remaining battery power, whichever happens first. This restriction would be more than adequate to return the UA to its planned landing zone from anywhere in its limited LOS operating area. In addition the UA reports its current battery condition and alerts the PIC when battery level is near the desired threshold (30%) for returning to the landing position from its current location.

14 C.F.R 91.405 (a) & (d); 407 (a)(1); 409 (a)(2); 417(a) & (b): Maintenance Inspections Instrumental Media requests an exemption from 14 C.F.R. 91.405 (a) and (d); 407 (a)(1), 409(a)(2), and 417 (a) and (b). These regulations require that an aircraft operator or owner “shall have that 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 discrepancies repaired as prescribed in part 43 of this chapter . . .,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Instrumental Media. Maintenance will be accomplished by the operator pursuant to the manufacturer’s maintenance and user manuals for the proposed UAS. An equivalent level of safety will be achieved because these small UAS are very limited in size and will carry a small camera and operate only in restricted areas for limited periods of time. If mechanical issues arise, the UAS can landimmediately and will be operating from no higher than 400 feet above ground level. The Instrumental Media performing maintenance will hold at least a Light Sport Repairman’s certificate with a maintenance rating when performing required maintenance, and keep a log of any maintenance performed.Summary for the Federal Register

The following summary is provided for publication in the Federal Register in accord with 14 C.F.R. Part 11:

Instrumental Media requests exemptions from the following regulations:14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.11; 14 C.F.R. § 91.103;14 C.F.R. § 91.105;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. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1);14 C.F.R. § 91.409(a) (2); 14 C.F.R. §417(a) and (b) to operate commercially a small unmanned aircraft (10 pounds or less) in support of commercial aerial photography and videography of events, activities, individual commercial, public, and residential properties and structures with the owners/operators/coordinators permission and appropriate authorization.

Privacy

All flights will occur over private or controlled access property with the landowner’s prior consent and knowledge. Because overflight areas will be restricted there is little to no chance that there will be people who have not consented to being in close proximity with the UAS operation.Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, speed, operating capabilities, proximity to airports, operation within visual line of sight within a COA restricted area, and no impact to national security – provide more than adequate justification for the grant of the requested Exemptions allowing Instrumental Media to use the above described UAS for the proposed operations.

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. Please contact us at any time if you require additional information or clarification. We look forward to working with your office.

Sincerely, Obed McCalip

, Owner, Instrumental Media