RUNNING PONY



### The Honorable Michael P. Huerta Office of the Admini strator Fede ral Aviation Administration 800 Ind ependence Avenue SW Wash in gton, DC 20591 November 29 , 20 1 5 Jonathan Epstein Rwrming Pony Managing Member·

Running Pony Produc t ions LLC 1770 Kirby Parkway Memphis, TN 38138

Te l (901) 683-6693



### RE: Running Pony sUAS Petition for Exemption Pursuant to FMRA Sec 333 and 14 CFR Part 11 Dea r Administrator H uerta: Running Pony Productions LLC hereby peti t ions the FAA for regu latory relief pursuant to Section 333 of P . L. 112-95 a nd 14 C.F.R. Se c . 11.81 to condu ct comme r cia l flights using the Freefty Systems C in estar 8HL, F r eefty Systems ALTA , and DJI Inspire sUAS for the following appl ic ations :

• Aerial Vid eography and Photography • Aerial Cinematography • Aerial Survey • Aerial Inspection • Operator Tra ining Servic es • Aerial Mapping Running Pony , therefore, seeks a r equest for exemption from airworthiness and the following s p ec ific Title 14 C.F.R. provis ions:

• 14 C.F . R. Part 21 • 14 C.F.R. 45.23 • 1 4 C.F.R. 61.113(a) (b) • 14 C.F.R. 6 1.1 33(a)

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• 14 C.F.R. 91.7(a) • 14 C . F.R. 91.9 • 14 C . F.R. 91.109(a) • 1 4 C.F . R. 91.119 • 1 4 C.F . R. 91.121 • 14 C.F.R. 91.151(a) • 14 C.F.R. 91.203 • 14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) (b) The FAA has iss u ed grants of ex empt ion in circumstances similar i n a ll mate rial respects to those presented in t his petition, specifically Exemptions No. 11842 to ProFly Drones, 11806 to T erra I maging, and 11541 Vi s ion Pictures , LL C; and we therefore request that our petition b e g,Tanted without de lay. Addit ion al s i milar exemptions include (cinematography) No. 11751 , 11541 , 11488, 11477 , 11 44 0 , 11401 , 11 36 2 , a nd 11270 a nd (videog raphy) No. 11843 , 11845 , 11 848, 118 5 0 , 11 820, 11822, 11825, 11826, 11829, and 11833 . Running Pony has a lso provided supporting documentat i on to include; a General Operations Man

ual (Running Pony Manual') whi ch is composed of (1 ) an operations manual, (2) flight manuals for each of t h e Running Pony models; (3) an Operator Tra in ing Manual , (4) a Main tenance a nd Inspection Manual, and (5) an sU AS motion picture and televis i on operations manual (MPTOM) . Pl ease note that all the Running Po ny Manual (including all of the above listed components) are clearly marked "Confi dential" on each page and contain confidential commercia l and proprieta ry information that Running Pony has not and will not s hare with other s who are not s ubj ect to a "No ndi sclos ur e Agreement" (N DA ) . The re f o re, the Running Pony Manual (including a ll co mponents) are not available to the public and contain operatin g condit i ons, proc edures and other informa tio n that are prote cted from publi c release or disclosure und er the Freedom of Information Act 5 USC Sec. 552 et seq. 

### 1 Company D esc ription Thi s secti on re s ponds to the specific requ ireme nts of 14 CFR Sec 11 .8 1. Fo und ed in 1 994, Running Pon y is a full -se rvic e product i on and post-producti on company based i n Memphis . Mailing address and other contact information. ATT : Jona than Epstein Running Pony Productions LL C 177 0 Kirby Parkw ay

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### 2 Relevant Statutory Authority Tlus exemption app lication is express l y s ubmi tted to fulfill Congress' goal in passing Section 333(a) through (c) of the P.L. 112

- 95, the FAA Modernization and Reform Act ('Reform Act') . This law directs the Secretary of Ttansportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rul emaking required under Section**~~32** of t h e Reform Act. In making this determination, the Secretary is req uir ed to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS's s i ze, we i ght , speed , and operat i onal capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. 1 Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the saf e operation of such aircraft in the national airspace system." 2 T h e Federal Aviat ion Act expressly grants the FAA t h e authority to i ssue exempti ons. This statutory authority by i ts terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certi ficate. 

### 3 Qualification for Approval Und e r S ec tion 333 of th e R e form Act The proposed operations in th is petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other potenti ally relevant factors are satisfied. The requested exemption would permit Running Pony to perform commercia l operations under controlled conditions in airspace that is 1) limited 2) predetermined 3) restricted, limited, or controlled as to access and 4) would provide safety enhancements to the a l ready safe operations in these industries presently using convent ional a ircraft. Approval of this exempt i on would the reby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibili

ties to "establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act. Each Running Pony sUAS weighs 55 lb. or less including payload. Each Running Pony sUAS operates under normal conditions at a speed of no more than 87 knots. Each Running Pony sUAS has the capab ility to operate in either Automatic ' or Manual ' mode as describ ed in the Running Pony Manual. 1 Public Law 112

- 95 , ' FAA Modernization and Reform Act ' Section 333 (a) 2 Id. §333(c) .

Doc 10 : 4 6cb5c3e895073fd f9650056485f7560ee1f9d 884 Generally Running Pony sUAS operations will be b elow an altitude of 400ft. AGL , within specific access-restricted areas, either within C lass G airspace or with the permission of the ATC , using sUAS operated by Running Pony-qualified sUAS pilots, and within the visual line of sight of the operator and observer. Such operations will insure that the sUAS will "not create a hazard to users of the National Airspace System or the public " as per the FMRA 2012 Section 333. Given the size of the sUAS and the operating environment , this petition for exemption meets an equivalent level of safety, in wh ich Congress envis ion ed that the FAA must, by exemption a ll ow comme rcial operations of UASs to commence immediately . Also due to the size and environment, approval of the application presents no national security issue . Consid ering the clear direction in Section 333 of the Reform Act, the authority contained in the Fede ral Aviation Act , as amended , the equ iv a l ent level of safety surrmmd ing the proposed operations , and the signifi cant public benefit described herein, the grant of the requested exemptions is also in the public interest . 

### 4 Running Pony Description of Proposed Operations Running Pony operations will provide a level of safety that is equivalent to current avi ation standards. Running Pony safety procedures , risk assessments, and flight operations standards are described in detail in the accompanying Ru nning Pony Manual. In brief, the fo llowing procedures that apply during op erat ions conducted und er this exempt ion request, estab lish a.n eq uivalent l evel of safety (EL OS) as follows: 1. The sUAS will weigh l ess than 55 lb. 2. Flights will be operated within line of sight of a pilot and/ or observer. 3. Flights will occur during daylight hours. 4. Flights will occm during Vi s ual F light Rules Meteorological Conditions (VMC) . 5. Flights will generally be operated at an a l t i tude of no more than 400 fe et AGL and within Class G airspace. Operations in contro lled B , C, or D airspace will b e conduct ed in coordination with the proper FSDO and ATC with prior permission. 6. Flights will be terminated at 25 % battery power reserve should that occur during the operation. 7. All Running Pony sUAS will be U.S . r eg istered and displ ay marks e ither in accordance with 14 C.F.R. Part 45, Subpart C or approved a l ternative markings. 8. Operations will be conducted in defined regions and over property authorized for this use by t . he landowner. All operations will remain within the geographic bmmdaries of the operating area. Most ope r ations may b e conducted within the limitations of the blanket COA authorization provided with 333 grants as of 3/ 23 / 2015. 9. All required permissions and permits will be obtained from territorial , state , county or city jurisdictions , including lo cal law en forcement, fire , or other appropriate governmental agencies. 10. Th e operator will obtain the consent of all persons invo lved and ensure that only consenting persons will be allowed within 100 feet of the flight operation , and this radius may be reduced to 30 feet based upon an equivalent level of safety d e termination.

Doc 10: 46cb5 c3e895073fd f9650056485f7560ee1f9d 885 11. A briefing will be conducted in regard to the planned sUAS operations prior to each day 's activ it ies. It will be mandatory that a ll personnel who will be performing d ut ies with in the boundaries of the safety perimeter b e present for t his briefing . 1 2. Min imum cr ew for each op eration will consist o f t h e sUAS Pilot , the V isual O bserver , and / or the Camera Operator. 1 3. O perat ions witho u t a Vis u al Observer (sUAS P ilot on l y) may occasi onally be con du cted subject to additio n a l and specifi c a ircr a f t equ ipment , operator competency, and fl i ght restrictions (maximum d ist ance from the sUAS Pilot , maximum altitud e, and maximum speed) as defined in the Running Pony O perations Manual. 1 4. s UAS operat ions under th is exemption will be conducted under the s upervi s ion of a designated pilot in command (P I C) who has final responsibil i ty for t he op eration and in accordance with 14 C .F. R. 91.3 . All sUAS op erators must have completed train ing on the normal , abnorm a l , a n d emerge ncy procedures i n t he Runn ing P ony Manual and demonstrated proficie ncy with the sU AS being operated. The P I C will meet at least the minimum FAA sU AS regu lations for licensure. Running Pony requests that the alternative minimum PIC qualification propos ed in Running Pony manual is approved by the FAA. Otherwise , Running Pony PI Cs mu st possess at l east a sport p il ot ce r tificate and hol d a valid U .S. driver' s li cense. 1 5. sUAS Pilot will be Pilot in Command (P I C). If a pi lot certificate hol der other than th e sU AS Pil ot , who possess t h e nece ss ary PI C q u alificat ions , is also p resent ( i .e. t h e V isual Observer), that perso n can also be des ignated as the PI C . 16. Observer and p il ot will at a ll time s be ab le to mai ntain verbal commu nication , e ithe r d irectly or t hrough electro n ic means . 17. Operators and engineers will maintain the sUAS system in a condition for safe operation according to the R u nning Po ny Manu al and associ ated manufacturer 's mainte n ance manuals, including pre - fl i ght and post - fl i ght in spe ctions . 1 8 . The P I C and observers will maintain situati onal awareness and perceive , process , and perf orm risk management prior to and during each operation as de sc r ibed in th e Running Pony Manual. The PIC will terminate the operat ion in accordance with the Running Pony Manual if ha zards that cannot be acceptab ly mitigated ar e observed. 1 9. sU AS will safe l y stop operat ing and either return home or auto-land at a safe locat ion along the fligh t path if the control l ink is lost . 20. For each sUAS, th e PIC will have the ability to fo r ce a controlled landing at an y time . Operations for the purpo s e of clo s ed-set motion picture and television filming and production . 1. The Ru nn ing Pony sUAS specific motion p icture and telev is ion operations ma nu al (MPTOM) will apply to clo sed

- set mot ion p icture and telev is ion operat ions conducted under the exemption . 2. At least 3 days before aer ial filming , Running Pony will s ubmit a written P l an of Activiti es to the local Flight S tan dards Dist rict Office (FSDO) with jurisdic ti on over the ar ea of proposed filming. Th e plan of activities will incl u de the following:

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• Dates and times for all flights. • Name and phone number of the Running Pony point

- of

- contact for the UAS aerial filming to be conducted . • Name and phone number of the person responsible f o r the on-scene operation of the UAS . • Make , model , and serial or - Number of UAS to be used. • Name and certificate number of UAS P I Cs invo l ved in the aerial fi lm ing. • A statement that Running Pony has obtained permission from property owners and/ or

local officials to conduct the fi lming production event; the list of those who gave permission must be made available to the in spector upon request. • Signature of Running Pony CEO or representative. • A description of the flight activity, incl u ding maps or diagrams of any area, city, town,

county, and/ or state over which film ing will be conducted and the altitudes essential to accomplish the operation. 3 . Flight operations may be conducted closer than 500 feet from participating persons consenting to be invo l ved and necessary for the fi lming production, as specified in the Running Pony sUAS MPTOM. 

### 5 R e gulation s From Which Ex e mption i s R e qu es t e d 5 . 1 Part 61, Certification: Pilot s , Flight Ins tructor s , and Ground Instructors Ext e nt of Re li ef Part 61, all sections . R e a s on for R e l i e f Because the UAS will not carry a p il ot o r passengers, the proposed operat ions can achieve the equivalent level of safety of current operations by requiring the P I C operating the aircraft to have at least a sport pilot's license rather than a commercial pilot ' s license to operate these sUAS . Equiva l e nt L e v e l of Saf e t y Unlike a conventional a ircraft that carries the p il ot and passengers, the sUAS is remote l y contro ll ed with no living thing on board. The area. of operation is controlled and restricted , and all flights are planned and coordinated in advance as set forth in the General Operations Manual (GOM) . The level of safety provided by the requirements included in the GOM exceeds that provided by a single individual ho lding a commercial pi l ot's cert ificate ope rat ing a conventional a irc raft. The risks assoc iated with the operation of the sUAS are so diminished from the level of ri s k assoc iated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a sport pi l ot certificate as the PIC exceeds the present level of safety ach i eved by 14 C . F . R. §61.113 (a) & (b).

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### 5.2 61.113 Private pilot privileges and limitations: Pilot in command . Exte nt of Relief R el ief from requirement to possess a private or commercial pil ot's license for aerial work such as aerial survey a nd mapping. Reason for Re li ef §61.113 (a) stipulates that a holder of a private pilot certificate may not act as a pilot in command of an a ircr aft for comp ensat ion or hire; (b) states that a private pilot may act as PI C if the flight is incid ental to business and does not carry passengers or property. Furthe rmor e , - 8900 .227 "U n manned Aircraft Systems (UAS) Op erational Approval" paragraph 16(c)(2)(c) " Op erat ions without a pilot certificate" states that a operations which conform to said paragraph may be performed by a PI C that does not possess a private pilots license bu t that has complete d FAA private pilot ground instruction and passed the FAA Private Pilot written test. In add iti on, there i s no means curr ently of obtaining a commerc ial rating for UAS . Thus, we require relief in order to perform aerial work. Public Be n e fit As described above, the public benefit includes exponential economic g row th, enhanced safety , and improved prec ision agricultur e capabilit i es. In general , commercial small UAS operations provide aerial services which are affordable to small businesses, something that would no t be possible without U

AS technology. Equivalent Level of Safet y Our operations fulfill all the requirements in N

- 8900.227 16(c)(2)(c) for operations without a private pilots license.



### 5.3 91.7 Civil aircraft airworthiness. Exte nt of Relief 91.7 , all provisions. Rea s on for R e lief Should the exemption be granted allow in g commercial operation of the sUAS without an airwor

thiness certificate , no standard will exist for airworthiness of the sUAS . Equival e nt L eve l of Safety Given the size and weight of these aircraft and the requirements co nt a in ed in the GOM , an equ iv a l

ent level of safety will be achieved by insuring comp li ance with the sUAS user manuals prior to each flight .

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### 5 .4 91.119 , M i n imum s af e altitud es : G e n er al. Extent of Relief Section 91.119 establishes safe alt i tudes for operation of civil aircraft . 91.119(c) l imits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas, and the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. R eas on for R e li e f To prov ide for these operat ions, the sUAS are normally operated at or below 400 feet AGL. In add ition, due to the nature of the proposed operations , the PIC and the observer may at t imes be less than 500 feet away from structures during the operation . Equiva l e nt L e v e l of S a f e t y The equivalent level of safety will be achieved g i ven the size, we i ght, and speed of the UAS as well as the l ocation where it is operated. No flight will be taken without the required permission of the property owner and local officials, and advanced notice to participants and spectators. Because of the advance notice all affected individuals will be aware of the planned flight. Compared to flight operat ions with a irc r aft or rotorcraft weighing far more than the max imum 55lbs. descr ibed above and the lack of flammable fuel, any risk associated w ith these operations is far less than those presently conducted with conventional aircraft operating at or below 500 AGL in other industries. I n addition, the low

- altitude operations of the sUAS will ensure separation between these sUAS ope rat ions and the operations of conventional a irc r aft that must comply with Section 91.119.



### 5.5 91.121 Altimeter Settings Ext e nt of Reli e f §91.121 Reason for R e lief As the sUAS may not have a barometric alt imeter, but instead a GPS altitude read out, an exemption may be needed . Equivalent Level of Safety An equivalent level of safety will be achieved by the operator , pursuant to the GOM and the Safety Check list , confirming the a ltitude of the launch s i te shown on the GPS altitude indicato r before flight .

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### 5.6 91.151 , Fuel requirements for flight in VFR c ondit ions. Extent of Relief §91.151, all provisions. R eas on for R e li e f 9

Th e provi s ion requires fuel s ufficient for one half hour fligh t beyond t he dest ination . Th ese sU AS , including t od ays long est endu rance platforms , are unable to meet this re quir ement b ecause of limi ted max flight times . Equi va l e nt L eve l of Safety An equivalent level of safety can b e achiev ed by limi t in g fl ig hts for the sU AS accord ing to the sa f ety limi tat ions described in t he GOM . This restri ction would be more than ade quat e to return t he s UAS to i ts planned l and ing zone from anywhere in its limited operating area .


### 5. 7 91.405 , 91.407 , 91.409, 91.417 In s p ec tion and Maintenance Program s Ext e nt of Relief §§91.405 , Maintenance r equired; 91.407, Oper at ion after maintenance, preventive maintenance, r ebu il ding, or a lteration ; 91.409 , In spections ; and 91.417 , Maintenance r ecord s . Reason for Relief Th e p art 91 provisions are not app li ca ble to a s UAS of the d escribe d weight cl ass. Furthermore , FAA certified m echani cs for sU AS do not at this prese nt t ime exist , so fu ll compliance is not po ss ibl e . T h e sUAS flown are modular and as s uch entire co mpon ents including engines a nd prop ell ers are minor r ep lacements rather than major repah·s. F inall y, continuou s minor a lterat ions a nd payload reconfigurations of sUAS are designed and requir ed for the operation of s UAS and do not negatively impact airworthin ess. Equi va l e nt L eve l of Safety Inspection and maintenanc e manual s are u sed to maintain the sUAS i n airworthy condition. Each sU AS is main tained accordi ng to the manufacturer stand ard or high er by technicians proficient in the building , repair , and maintenance of the sUAS. I nspection and Maintenance manuals utilized contain a ll a ircraft-relevant items as des crib ed in (43 Appendix D ( S cop e a nd D eta il of Items ). Finally, maintenance reco rds are maintained in the Operations Databas e; either onli ne on the Skyward Platform and are t herefore i mmediate l y auditable by regulators on d emand , or as otherwise d etermine d by Ru nning Pony . 

### 6 Public Interest Runni ng Pony believes that the en han ced safety achieved using a s UAS with the specifications d escrib ed in this petition and s upporting do cum ents and by carrying no passengers or cre w , rather

Doc 10 : 4 6cb5c3e895073fd f9650056485f7560ee1f9d 8810 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 operations enabled by this exemption are in the public interest. 

### 7 Privacy All flights will occur over private , limited, or restricted-access areas with the property owner's prior consent and knowledge. Operations will be conducted by trained crew and all other individuals will either be a part of the operation or consent to be present at the time of operations. 

### 8 F e d e ra l R eg i s t e r Summa ry Pursuant to 14 C.F.R. Part 11 , the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21 , subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§61.113( a) & (b), 61.133(a); 91.7 (a); 91.9 (b) (2); 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 s U AS for commercial use. 

### 9 C onclus ion Running Pony seeks this exemption to conduct commercial operations using sUAS within restrictedaccess areas in the NAS. Without this exemption, sUAS innovation will be suppressed , the public economic benefits derived from increased sUAS development will be denied, and the Congressional directive to accelerate the integration of UAS into the NAS will be impeded. The sUAS physical and operational characteristics are compliant with those described in the FMRA and FAA ' s guidance for Sec 333 exemptions. Running Pony respectfully requests that the FAA grant its petition for exemption from airworthiness. Please do not hesitate to contact Andrew McCollough, the Regulatory Services POC, via email at exemption @ skyward.io if you have any questions or concerns. Very Respectfully Yours ,
Jonathan Epstein Running Pony Managing Member

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