September 21,2015 U.S. Department ofTransportation Docket Management Systems West Building Ground Floor Room W12-140 1200 New Jersey Ave. Washington, DC 20590 Exemption Request Section 333 ofthe FAA Reform Act ofthe Federal Aviation Regulations
Dear Sir or Madam, I, Buzz Rohlfing, owner ofMPA-MediaProduction Associates, am writing pursuant to the FAA Modernization and Reform Act of2012 and the procedures contained within 14 C.P.R. 11, to request that MPA-Media Production Associates a video, mediabusiness be exempted from the below so that we may operate a small Unmanned Aircraft System. (sUAS) As described here. I, Buzz Rohlfing am chiefvideographer atMPA-MediaProduction Associates, which has acquired (1) DJI Spreading Wings S1000 sUAS, (1) DJIPhantom 3 sUAS and (1) DJI Phantom 2 sUAS with FPV HD Video Camera with intent to operate commercially for Aerial Data Collection, specificallybutnot limited to aerial photography I videography following exemption and approval bythe FAA. Exemption request would permit operation ofSmall Unmanned Aerial System, sUAS (piloted by remote control) intightly controlled and limited airspace for Aerial Data Collection specifically but not limited to photographing orvideo graphing within property boundaries for individual property owners with theirpermission. Additionally within the National Airspace System for Aerial Data Collection with the limitations ofexemption and applicable COA. I, Buzz Rohlfing, owner ofMPA-MediaProduction Associates, will detail in this petition the specific regulations for which we seekrelief, offering alternate and equivalent ways ofproviding a level ofsafety at least equal to the existing rules. This petition focuses on public safety and public benefit.



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### I. ContactInformation: Buzz Rohlfing MP A-MediaProduction Associates 315 E Street Anchorage, AK 99501 (907) 277-4444 buzz@mpa-ak.com 

### II. The specific sections oftitle 14 ofthe code offederal regulations from which MPA-Media Production Associates requests exemption are: 14 C.P.R. Part 21 subpart H 14 C.P.R. 45.23(b) 14 C.P.R. 61.113(a)&(b) 14 C.P.R. 91.7(a) 91.9(b) (2) 91.103(b) 91.109 91.119 91.121 91.151(a) 91.203(a)&(b) 91.405(a) 91.407(a)(1) 91.409(a) (2) 91.417(a)&(b) ill. 

### Theextent ofreliefMPA-MediaProductionAssociates seeks and the reason he seeks such relief: I, Buzz Rohlfing, submit this application in accordance with the Reform Act, 112 P.L. 95 33-334, seeking relieffrom any currently applicable FARs operating to prevent MPA-Media Production Associates contemplated commercial use ofan sUAS for Aerial Data Collection, photography and videography use within the national airspace system. The Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is inthe public's interestto do so. Our sUAS meets the definition of"SmallUnmanned Aircraft System" as defined in Section 331 and therefore the integration ofour sUAS is expressly contemplated bythe Reform Act. We would like to operate our sUAS prior to the time period by which the Reform Actrequires the FAA to promulgate rules governing such craft. Allowing such will provide direct experience and valuable information for formal regulationthat canbe administered uniformlyto other sUAS related activities for Aerial Data Collection, video and photography. The Reform Act guides the Secretary in determining the types ofsUAS's that may operate safely in ourNational Airspace System. Considerations include: The weight, size, speed and overall capabilities ofthe sUAS's; Whetherthe sUAS will be operated near airports or heavily populated areas; and, Whetherthe sUAS will be operatedby line ofsight. 112 P.L. 95 333 (a). Each ofthese items reflects in favor ofan exemption for MP A-Media Production Associates. Our sUAS utilizes counter-rotating propellers for balance, control and stability. Our sUAS are all equipped with GPS and Auto Return, Fail-Safe safety technology. All our sUAS are belowthe maximum 55 pounds limit, including camera with gimbal.



### 2MPA-MediaProduction Associates considers safety to bethe most important requirement for each and every flight. Our Small Unmanned Aircraft Systems are designed to hover in place via GPS and operate in less than a 24 knots (15mph) wind. For safety, stability and fear offinancial loss, we will not fly in winds exceeding 16 kph (10 mph). Built-in safety systems include a GPS mode that allows my sUAS to hover in place whenradio controls are released. With three modes to choose from, we utilize the GPS mode for Aerial Data Collection. This is the safest, most reliable and stable mode to prevent accident and hazard. When pilot communication is lost, the sUAS is designed to go into a Fail-Safe mode and slowly return-to-home; i.e., within 3 meters of the point oftake off. In accordance with FAA regulations, sUAS flight operations will notbe conducted near airports, within temporary flight restricted areas, (TFR's) nearhospitals or sporting event areas, near special security areas, without written authorization/permits from appropriate controlling authority. Additionally sUAS flight operations will not be conducted in areas where the general public is within 150 feet. With an observer always present, we are constantly on alert for both people onthe ground and manned aircraft inthe air, and prepared to land/abort immediatelyto the nearest and safest ground point should a manned aircraft approach my location orI suspect manned aircraft may approach near my location.
MP A-MediaProduction will enderto mitigate any riskthat could cause harm or a crash that could create a hazard to person, property orto manned aircraft by operating within the limitations ofF AA exemption, CAO, use ofoperational procedures, checklist and a safety culture.
Buzz Rohlfing, ownerofMPA-MediaProduction Associates has a demonstrated a perfect safety record operating sUAS in a recreation environment for 2 years and does not pose any threatto the general public to continue operating sUAS commercially under FAA exemption. 

### IV. How MPA-MediaProductionAssociates requestwill benefit the public as a whole: The operation ofsmall sUAS, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supportingthe grant ofthe exemptions requested herein, including exempting the applicant from the requirements ofPart 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground and as a result, are far saferthan conventional operations conducted withtraditional aircraft which pose a safety risk. There are no personnel onboardMPA-Media Production Associates sUASs andtherefore the likelihood ofdeath or serious bodily injury is significantly diminished. MP A-Media Production Associates will provide an equivalent orbetter level of safety as that achieved under the current FAR's. MPA-Media Production Associates sUAS is battery powered and creates no emissions that can harm the environment. The consequence ofour sUAS crashing is far less than a full size helicopter orfixed wing aircraft; which are heavy, contain a pilot, many gallons ofcombustible fuel and can cause catastrophic devastation tothe public. The SmartBattery employed in all MPA-MediaProduction Associates sUASs provides immediate visual awareness andpercent battery charge remaining as well as similar information during flight through Ground Control Station.



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### V. Reasons whyMP A-Media Production Associates exemption will not adversely affect safety orhow the exemptionwill provide a level ofsafety at least equalto existing rule: MPA-Media Production Associates proposes that the exemption requested herein applyto civil aircraftthat have the characteristics andthat operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level ofsafetyto operations underthe currentregulatory structure because the proposed operations represent a safety enhancementto the already safe Aerial DataCollection, aerial photography and cinematography filming operations conducted with conventional aircraft. These limitations and conditions to which MPA-Media Production Associates agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The sUASs will weigh less than 55 lbs. 2. Flights will be operated within VLOS visual line ofsight ofa pilot and/or observer. 3. Maximum total flight time for each operational flight will be 30 minutes or less. Flights will be terminated at 25% battery powerreserve should that occur prior to the 30 minute limit. 4. Flights will be operated at an altitude ofno more than 400 feet AGL or, not more than 200 feet above an elevatedplatform for which filming is planned. 5. Minimum crew for each operation will consist ofthe sUAS Commercial Pilot (PIC) and the Visual ObserverVO.
6. sUAS Pilot will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the Pilot is rated on his orher pilot certificate.
7. The sUAS will only operate within a set safety perimeter, the boundaries ofwhich will be determined byMP A-MediaProduction Associates production personnel and PIC based onthe site-specific Aerial Data Collection activities, in coordinated with thejurisdictional FAA FSDO, ATC and local government officials as applicable. 8. A briefing will be conducted in regards to the planned sUAS operations prior to each day's Aerial Data Collection. Itwill be mandatory that all personnel who will be performing duties within the boundaries ofthe safety perimeter be present for this briefing. 9. The sUAS Pilotwill ensure this safety perimeter that only consenting production personnel will be allowed within 100 feet ofthe sUAS operation bynot permitting anyone who had not been briefed orwhom is not involved in Aerial Data Collection to be within the safety perimeter. 10. CAO wavers, permits, authorizations and permission will be obtained from governing authority or property owner including local law enforcements, fire, or other appropriate governmental agencies where applicable, priorto conducting sUAS flight operations. 11. The sUAS will have the capabilityto abort flight in case ofunpredicted obstacles or emergencies.



### 412. PREFLIGHT CHECKLIST

a. Remote controller, aircraft battery, and mobile device are fully charged. b. Propellers are mounted correctly and firmly.

c. Micro-SD card has been inserted ifnecessary. d. Gimbal is functioning as normal.

e. Motors can start and are functioning as normal. f. DnPilot app connectedto the aircraft. h. Any additional factors related to safety offlight.
14. TO REGAIN CONTROL AFTERLOST RADIO CONTACT: Ifradio contact is lost and notrestored within 3 seconds, an automatic Returnto Home feature is activated and will bringthe sUAS backto the Pilot orpredetermined location. 14 C.F.R. Part21, Subpart H: Airworthiness Certificates:
14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required byFAR §91.203 (a) (1). Given the size and limited operating area associated withthe aircraft to be utilized bythe Applicant, an exemption from Part21 Subpart H meets therequirements ofan equivalent level of safety underPart 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 aircraft from 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 demonstrates thatthe sUAS operated without an airworthiness certificate, in therestricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing orrotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The sUAS to be operatedhereunder is less than 55 lbs. fully loaded, carries neither a pilot norpassenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored byboth the operator and underthe requirements and in compliance with local public safety requirements, to provide security for the area ofoperation as is now done with conventional Aerial Data Collection. The FAA will have advance notice ofall operations. These safety enhancements, which already apply to civil aircraft operated in connection with Aerial Data Collection, provide a greater degree ofsafetytothe public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, SubpartH. Lastly, application ofthese same criteria demonstrates thatthere is no credible threat to national securityposed bythe sUAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inability to carry a substantial external load.



### 514 C.F.R. § 45.23 (b). Marking ofthe Aircraft
The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operatormust also display onthat aircraft neareach entranceto the cabin, cockpit, orpilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable. Even thoughthe sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance tothe cabin, cockpit orpilot station on whichthe word "Experimental" can be placed. Giventhe size ofthe sUAV, two-inch lettering will be impossible. The word "Experimental" will be placed onthe 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 issuedthe following exemptions tothis regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 14 C.F.R. § 61.113 (a) & (b): PrivatePilotPrivileges 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 orpassengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations byrequiring the PIC operatingthe aircraftto have no less than 40 hours offlight time withthe sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled andrestricted, and all flights are planned and coordinated in advance. 14 C.F.R. §91.7(a): Civil aircraft airworthiness:
The regulation requires thatno person may operate a civil aircraft unless it is in airworthy condition. As there will beno airworthiness certificate issued for the aircraft, shouldthis exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Giventhe size ofthe aircraft for maintenance anduse ofsafety check lists priorto each flight, as set forth in Sections J, Land Q, an equivalent level ofsafety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft:
7 Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

... (2) For which an Airplane orRotorcraftFlightManual is notrequired by §21.5 ofthis chapter, unless there is available inthe aircraft a current approved airplane orRotorcraft FlightManual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability orplace to carry such a flight manual onthe aircraft, not only because there is no pilot on board, butbecause there is no room or capacityto carry such an item on the aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the pilotflying the sUAS willhave immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299,9299A,9565,9565B, 10167, 10167A, 10602,32827,and10700 14 C.F.R. § 91.103: Preflight Action This regulation requires each pilot in commandto take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will notbe provided for the aircraft an exemption will be needed. The PIC will take all actions includingreviewing weather, flight

6battery requirements, landing and takeoffdistances and aircraft performance databefore 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 accomplished through the use ofa control boxthat communicates with the aircraftviaradio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft andfor flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level ofsafety provided by the fact that neither a pilotnorpassengers will be carried in the aircraft and bythe size and speed ofthe aircraft. 14 C.F.R. §91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less thanthe minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption is for a sUAS that is a helicopter andthe exemption requests authorityto operate at altitudes up to 400 AGL, ornot more than 200 above an elevated platform from whichAerial Data Collection is planned, an exemption may be neededto allow such operations. As set forth herein, the sUAS will never operate athigherthan400 AGL with the exception that in circumstances where the sUAS is used Aerial Data Collection ofa structure whose height exceeds 400 feet AGL, the sUAS will notbe operated more than 100' above the highest point on the structure. Itwill howeverbe operated in a restricted area with security perimeter, where buildings and people will notbe exposedto operations withouttheirpre-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 property owner or local officials. Because ofthe advance notice to the property owner and participants in Aerial Data Collection activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft orrotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, anyrisk associated with these operations is far less thanthose presentlypresented with conventional aircraft operating at orbelow 500 AGL. 

### In addition, the low-altitude operations ofthe sUAS will ensure separationbetweenthese small- UAS operations andthe 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 altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS maynot have a barometric altimeter, but instead a GPS altitude read out, an exemptionmay be needed. An equivalent level ofsafety will be achieved bythe operator, pursuantto the safety check list and live flight data monitoring, confirmingthe altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight.



### 714 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed

- (1) During the day, to fly afterthat for at least 30 minutes; or (2) Atnight, to fly afterthat for at least 45 minutes." The battery powering the sUAS provides approximately 30 minutes ofpowered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations onthe sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longertime frame for flight 

### in daylight ortwilightVFRconditions is reasonable. Applicantbelieves that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled areawhere onlypeople and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engenderthe type ofrisks that Section 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 utility for which the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% ofbattery powerwhichever 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 other operations, including Exemptions 2689F, 5745, 10673, and 10808. 14 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 may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required byparagraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin or 9 cockpit 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 orplace to carry certification and registration documents orto display them on the sUAS. An equivalent level ofsafety will be achieved bykeeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extentthey are applicable tothe sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes ExemptionNos. 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 or owner "shall have that aircraft inspected as prescribed in subpartE ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

...," and others shall inspect or maintain the aircraft in compliance with Part43. Given that these section and Part43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished bythe operator pursuant to the flight manual and operating handbook. An equivalent level ofsafety will be achieved becausethese 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 immediately and will be operating from no higher than 400 feet AGL. The operator will ensure thatthe sUAS is in working order prior to initiating flight, perform required maintenance,



### 8and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition 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 the Aircraft OperationsManual. As provided inthe Operations Manual, the operator will ensure thatthe sUAS is in working orderpriorto initiating flight and perform required maintenance needed. Privacy All flights will occur overpublic, private or controlled access property with the property owner's prior consent and knowledge. In the case ofpublic property IAW CAO and applicable permits. Summary MPA-Media Production Associates is seeking exemption from the following rules: 14 C.P.R. Part 21 subpart H; 14 C.P.R. 45.23(b); 14 C.P.R. 61.113(a)&(b); 14 C.P.R. 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.15l(a); 91.203(a)&(b); 91.405(a); 91.407(a) (I); 91.409(a) (2); 91.417(a)&(b). Approval ofthe above exemptions allowing commercial operations ofsmall UASs in Aerial Data Collection, primarily aerial photography and video media, will greatly enhance safety byreducing the overall risk associated withtraditional aircraft. Traditional Aerial Data Collection requires large aircraft weighing thousands ofpounds and carrying hundreds ofpound offuel presenting a significantriskto life and property. With MPA-MediaProduction Associates use ofsmall UASs weighing less than 55 lbs, powered by batteries and operating at orbelow 400 AGL will virtually eliminate all ofthe risk associated with traditional Aerial Data Collection. The UASs will carry no people thereby eliminating the exposure tothe risks associated with flying while accomplishing the same task in a much safer and efficient manner. Granting MP A-MediaProduction Associates the above exemptions will allow for the expansion ofUAS systems into the future, in a professional aviation safety conscious culture.
MP A-Media Production Associates respectfully requests that the FAA grant its exception without delay. The FAA has the authorityto issue the exemption sought by MP A-MediaProduction Associates pursuanttotheFederal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").
Sincerely



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