Brook	Aitken	Cinematography	LLC’	s	Petition	for	Section	333	Exemption

For	Purposes	of	Operating	Small	Unmanned	Aircraft	System

FAA	Rules	Docket:	____________

Petitioner

Brook	Aitken	Cinematographer	LLC

4734	Mckinley	Dr.

Boulder	Colorado

303.931.7039

Brookaitken@comcast.net

BROOK	AITKEN	CINEMATOGRAPHER	LLC	4734	MCKINLEY	DR	BOULDER	CO	80303

www.brookaitken.com (303)931.7039
A. Summary

Brook	Aitken	Cinematography		LLC,	seeks	exemption	from	the	requirements	of	14	

C.F.R.	§§

45.23(b),	61.113(a)	and	(b),	91.7(a),	91.9(b)(2),	91.103(b)(2),	91.109(a),	91.119(c),

91.121(a)(1)(iii),	91.151(b),	91.203(a)	and	(b),	91.405(a),	91.407(a)(1),	

91.409(a)(2),	91.417(a)and	(b),	as	well	as	the	requirement	to	have	a	certificate	of	

airworthiness	under	14	C.F.R.	Part 21,	Subpart	H,	so	as	to	permit	it	to:	keep	any	

required	documents	or	information	at	the	ground	control	station;	display	any	

required	markings	on	the	unmanned	aircraft;	inspect,	maintain and preflight	in	

accordance	with	Brook	Aitken	Cinematography	LLC’s flight	and	operating	

procedures	manual;	operate	below 400	feet	AGL,	without	an	onboard	altimeter,	at	

30	minutes	or	a	20%	battery	power	reserve. Brook	Aitken	Cinematography	LLC’s	

further	seeks	the	exemption	to	allow	a	private	pilot	to	conduct	commercial	sUAS

operations.

B. Introduction

Brook	Aitken	Cinematography	LLC’s is	an	operator	of	Small	Unmanned	Aircraft	

Systems	(“sUASs”)	equipped	to	conduct	aerial	photography	for	the	motion	picture	

and	television	industry	for	scripted	closed	set	filming.	As	set	forth	in	this	Petition,	

Brook	Aitken	Cinematography	LLC’s	seeks	an	exemption	to	allow	commercial

operation	of	its	sUAS(s)	(Brook	Aitken	Cinematography	LLC’s	FOPM), so	long	as	

such	operations	are	conducted	within	and	under	the	conditions	outlined	herein	or	

as	may	be	established	by	the FAA	as	required	by	Section	333.1 Pursuant	to	14	C.F.R.	

§	11.81	(	Petition	for	Exemptions	.), Brook	Aitken	Cinematography	LLC’s provides	

the	following information	in support	of	its	petition:

C. Basis	for	Petition

Brook	Aitken	Cinematography	LLC’s,	by	and	through	undersigned	counsel,	pursuant	

to	Federal	Aviation	Regulations (FAR)	(14	C.F.R.	§	11.61)	and	the	FAA	

Modernization	and	Reform	Act	of	2012	(FMRA),	1 Section	333, Special	Rules	for	

Certain	Unmanned	Aircraft	Systems	(Section	333),	hereby	respectfully	petitions	the	

Administrator	for	an	exemption	from	the	requirements	of	14	C.F.R.

§§	45.23(b),	61.113(a)	and	(b),	91.7(a),	91.9(b)(2),	91.103(b)(2),	91.109(a),	

91.119(c), 91.121(a)(1)(iii),	91.151(b),	91.203(a)	and	(b),	91.405(a),	91.407(a)(1),	

91.409(a)(2),	91.417(a) and	(b),	as	well	as	the	requirement	to	have	a	certificate	of	

airworthiness	under	14	C.F.R.	Part 21,	Subpart	H.

1.	Section	333

Congress	identifies	Section	333	as	a	pathway	for	“expedited	operational	

authorization” of	certain	small	unmanned	aircraft	systems	(sUAS)	in	the	national
airspace	system	(NAS). Section	332(b)(1)	(“expedited	operational	authorization.”).	

Under	Section	333	Congress mandates	that	the	FAA	“shall	determine	if	certain	

unmanned	aircraft	systems	may	operate safely	in	the	national	airspace	system	

before	completion	of	the	plan	and	rulemaking	required by	section	332	of	this	Act	or	

the	guidance	required	by	section	334	of	this	Act”	(Section	333(a)) upon	

consideration	of	its	“size,	weight,	speed,	operational	capability,	proximity	to	airports	

and ______

1	14	C.F.R.	§	11.61	 (b) (“	Using	a	petition	for	exemption,	you	may	ask	FAA	to	grant	

you	relief from	current	regulations	in	14	C.F.R..	”	) populated areas,	and	operation	

within	visual	line	of	sight.”	Section	333(b)(1).	If	the	FAA makes	such	a	

determination,	the	FAA	“shall	[also]	establish	requirements	for	the	safe operation.”	

Section	333(c).	The	FAA	further	may	find	that	the	sUAS	does	not	require

“airworthiness	certification	under	section	44704	of	title	49,	United	States	Code.”	

Section

333(b)(2).

2.	49	U.S.C.	§	44701

The	FAA	is	further	authorized	to	grant	exemptions	from	its	safety	regulations	

and minimum	standards	under	49	U.S.C.	§	44701	(“Section	44701”)	“if	the	

Administrator	finds	the exemption	is	in	the	public	interest.”	Section	44701(f)	

(authorizing	the	grant	of	exemptions from	safety	regulations	and	minimum	

standards	under	section	44701(a)	and	(b)	and	sections 4470244716).

2

For	the	reasons	addressed	herein,	this	Petition	qualifies	for	expedited	

approval	of Brook	Aitken	Cinematography	LLC’s	 request	for	exemption	under	both	

Sections	333	and	44701.

D.ThesUAS®s©	Meets	the	Statutory	Criteria†for	Exemption	under	Section	333

Given	its small	size,	light	weight,	slow	speed,	limited	load	capacity,	

operational capabilities,	and	that	the	operations	will	be	conducted	only	during	the	

day,	under	visual meteorological	conditions	(VMC),	within	visual	line	of	sight	(VLOS)	

of	the	Pilot	in	Command (PIC)	with	the	assistance	of	a	visual	safety	observer	(VO).

1. Proximity	of	Airports/Populated	Areas

The	sUAS	will	not	operate	in	Class	B,	C,	or	D	airspace	without	written	

approval	from the	FAA.	The	sUAS	will	not	operate	within	5	nautical	miles	of	the	

geographic	center	of	a	non-towered airport.	Flight	within	these	boundaries	will	be	
ensured	further	through	the	use	of	a preprogramed geofence	within	the	sUAS’s	

software.	Further,	the	sUAS’s	flight	operations will	be	monitored	at	all	times	by	both	

the	PIC	and	VO	on	the	ground	and	will	be	in	compliance	with	public	safety	

requirements,	so	as	to	prevent	access	to	the	restricted	areas	of	operation.

2. Visual	Line of Sight

The	sUAS	will	at	all	times	be	flown	only	in	the	daylight	under	VMC	within	

VLOS	of the	PIC	with	the	further	assistance	of	a	VO	with	whom	the	PIC	will	

have	the	ability	for	direct and	continuous	verbal	communications	within	

audible	range	of	each	other.	So	as	to	ensure that	the	flight	operations	remain	

within	the	PIC	’	s	VLOS	and	prescribed	flight	boundaries	and deconflict	with	

objects	in	the	air	and	on	the	ground.	Thus,	pursuant	to	the	FAA	’	s	Interim

Operational	Approval	Guidelines	for	UAS	the	proposed	operations	provide	an	

approved method	of	control	and	collision	avoidance	to	satisfy	the	“	see	and	

avoid	”	requirement	of	14 C.F.R.	§	91.113:

While	considerable	work	is	ongoing	to	develop	a	certifiable	“	detect,	

sense,________

2	S	ee	e.g.	49	USC	§	4	4711(a)	((1)	prohibiting	operations	without	airworthiness	

certificate;	(2)	prohibiting	serving	as	airman	without	airman’	s	certificate;	(5)	

prohibiting	commercial operations	in	violation	of	regulations);	49	USC	§	4	4704	

(issuance	of	airworthiness	certificate); 14	C.F.R.	§	91.203	(a)(1)	(carry	

airworthiness	certificate)). and	avoid	”	system,	no	current	solution	exists.	

Compliance	with	the	“	see	and avoid” aspect	of	14	C.F.R.	91.113,	Right of Way Rules:	

Except	Water Operations	,	becomes	one	of	the	primary	issues	in	UAS	operational	

approvals. As	a	result,	alternate	methods	of	compliance	are	required	to	accomplish	

the “s	ee	and	avoid”	f	unction.	See	and	avoid	risk	mitigation	strategies	are	normally

based	on	the	use	of	visual	observers	or	other	methods	of	segregation.

Interim	Operational	Approval	Guidance	0801,	Unmanned	Aircraft	Systems	

Operations	in	the U.S.	National	Airspace	System	(March	13,	2008)	at	8.	Only	

qualified	and	current	PIC	’	s	and VOs,	as	provided	in	the	FOPM,	will	be	used.

3.	Other	Factors

a. sUAS	Safety	Systems

Including	as	noted	above,	the	sUAS	is	replete	with	mechanisms	to	ensure	safe

operations	and	protect	persons	and	property	on	the	ground.	In	addition	to	having	

an experienced	PIC	and	VO,	the	sUAS	has	a	variety	of	inherent	safety	systems,	

including:

●Diagnostic	and	Continuous	Self-Monitor

●Altitude	Control	System

●GPS	aided	flight	control	system
●Altitude	and	GPS	Warning/Indicator

●Loss	link/FailSafe	Return	to	home	protocol

●Speed	Indicator

The	sUAS	is	designed	to	continuously	monitor	component	operations	and	

inform	the PIC	and	crew	of	certain	critical	flight	performance	parameters	via	a	LED	

Control	Board,	as well	as	by	sound.	The	sUAS	further	has	a	“FailSafe”	function	that	

directs	the	sUAS	to automatically	return	to	either	the	takeoff	location	or,	when	

programed,	a	designated	waypoint, upon	disruption	of	the	system’s	

control/communications	link

b. Flight	Operations	and	Procedures	Manual

To	ensure	consistent	safety	operations,	Brook	Aitken	Cinematography	LLC’s	

has	developed	a	detailed	Flight Operations	and	Procedures	Manual	(FOPM).	Based	

on	Brook	Aitken	Cinematography	LLC’s extensive	experience, procedures	and	

notices	provided	by	the	sUAS	manufacturer,	and	guidance	the	FAA	has provided	to	

obtain	exemption	under	Section	333.	See	Brook	Aitken	Cinematography	LLC’s	FOPM	

(confidential document).

In	seeking	this	exemption,	Brook	Aitken	Cinematography	LLC’s	proposes	to	

operate	the	sUAS(s)	without	having	a	certificate	of	airworthiness	issued	by	the	FAA,	

14	C.F.R.	Part	21.,	and	upon	consideration	of the	size,	weight,	speed,	operational	

capability,	and	proximity	to	airports	and	populated	areas of	the	particular	sUAS.	In	

all	cases,	an	analysis	of	these	criteria	demonstrates	that	the	sUAS(s) operated	

without	an	airworthiness	certificate,	in	the	restricted	environment	and	under	the

conditions	proposed	will	be	at	least	as	safe,	or	safer, than	a	conventional	aircraft	

(fixed wing	or	rotorcraft)	operating	with	an	airworthiness	certificate	without	the	

restrictions	and	conditions proposed.

Brook	Aitken	Cinematography	LLC’s	proposes	to	operate	the	sUAS(s)	

pursuant	to	the	following	specific	operating	limitations,	as	also	addressed	in	the	

FOPM:

1.	The	sUAS	shall	weigh	less	than	55	lbs..

2.	The	sUAS	shall	be	marked	with	an	identification	(N-Number)

in	accordance	with	14	C.F.R.	§	45.23,	such	markings	to	be	as	large	as	practicable	

pursuant	to	14	C.F.R.	§ 45.29(f),	and	identified	by	a	serial	number	registered	in	

accordance	with	14	C.F.R. Part	47.

3.	Flight	operations	shall	only	be	conducted	within	the	designated	“Closed	Set”	and	

operated	500	feet	away	from	nonparticipating persons.	This	distance	may be

reduced	to	no	less	than	200	feet	if	it	would	not	adversely	affect	safety.

4.	The	sUAS	shall	only	be	operated	at	or	below	400	feet	AGL.
5.	The	sUAS	shall	only	be	operated	at	or	below	50	knots.

6.	The	sUAS	shall	at	all	times	be	operated	within	the	VLOS	of	the	PIC.

7.	All	operations	will	use	a	visual	observer	(VO).

8.	The	PIC	and	VO	shall	at	all	times	be	able	to	communicate	within	audible	range	of

each	other.

9.	Prior	to	performing	any	flight	operations,	the	PIC	and	VO	shall	have	successfully

completed	a	qualifying	process,	as	provided	in	the	Flight	Operations	and	Procedures

Manual	(FOPM).

10.	Prior	to	performing	any	flight	operations,	a	flight	demonstration	administered	

by	an operator qualified PIC	and	provided	in	the	FOPM,	shall	be	performed	and

successfully	completed.	Documentation	of	such	demonstration	shall	be	made	in	the

aircraft	records	and	such	records	shall	be	made	available	to	the	Administrator	upon

request.

11.	The	sUAS	shall	only	be	operated	during	daylight	hours	(not	at	night,	as	defined	

in	14	C.F.R.	§	1.1)	under	visual	meteorological	conditions	(VMC).	No	operations	shall	

be performed	under	special	visual	flight	rules	(SVFR).

12.	The	sUAS	shall	not	be	operated	less	than	500	feet	below	or	less	than	2,000	feet

horizontally	from	a	cloud	or	when	visibility	is	less	than	3	statute	miles	from	the	PIC.

13.	The	sUAS	shall	at	all	times	remain	clear	and	yield	the	right	of	way	to	all	other

manned	operations	and	activities	(	e.g.	gliders,	ultralights,	parachutes).

14.	The	radio	frequency	spectrum	used for	operation	and	control	of	the	sUAS	shall

comply	with	the	requirements	of	the	Federal	Communications	Commission	(FCC)	or

other	appropriate	government	oversight	agency.

15.	Any	time	the	sUAS	is	operating,	all	documents	required	under	14	C.F.R.	§	91.9	

and §	91.203	shall	be	available	to	the	PIC	at	the	GCS.	Such	documents	shall	be	made

available	to	the	Administrator	or	any	law	enforcement	official	upon	request.

16.	The	sUAS	shall	not	be	operated	by	the	PIC	from	any	moving	vehicle	or	device.

17.	The	sUAS	shall	not	be	operated	directly	over	any	person,	except	authorized	and

consenting	personnel	involved	in	the	flight/filming	operations,	below	an	altitude	

that	is	hazardous	to	persons	or	property	on	the	ground	in	the	event	of	a	sUAS	failure	

or emergency.

18.	The	sUAS	shall	at	all	times	be	operated	to	ensure	a	safe	distance	away	from	all

participating	and	nonparticipating

personnel.

19.	Aside	from	takeoff	and	landing,	the	distance	from	participating	persons	shall	be

operated	at	least	100	feet	away,	pursuant	to	the	operator’s	manual.	This	distance	

may	be	reduced	to	no	less	than	30	feet	if	it	would	not	adversely	affect	safety	and	

such	person provides	his/her	prior	consent.	Because	these	procedures	are	specific	

to	participating persons,	no	further	FSDO	or	aviation	safety	inspector	approval	is	

necessary	for reductions	to	the	distances	specified	in	the	petitioner’s	manuals.	This	

is	consistent	with the	manned	aircraft	procedures	described	in	FAA	Order	8900.1,	

V3,	C8,	S1	Issue	a Certificate	of	Waiver	for	Motion	Picture	and	Television	Filming.	

The	Administrator has	already	determined	that	these	same	operating	limitations	

and	procedures	provide	an equivalent	level	of	safety	to	those	regulations	for	which	

Brook	Aitken	Cinematography	LLC’s	seeks	exemption

pursuant	to	this	Petition	and,	accordingly,	has	previously	granted	exemptions	in	
circumstances	similar,	in	all	material	respects,	to	those	presented	herein.	See	e.g.

Exemption	Nos.	11062	(Astraeus	Aerial),	11063	(Snaproll	Media	LLC),	11064	(RC	

Pro

Productions	Consulting,	dba	Vortex	Aerial),	11065	(HeliVideo	Productions,	LLC),

11066	(Aerial	MOB,	LLC)	and	11067	(Pictorvision	Inc.)

20.	Brook	Aitken	Cinematography	LLC’s	ensures	that	nonparticipants

are	not	allowed	within	500	feet	of	the	area	except

those consenting	to	be	involved	and	necessary	for	the	filming	production.	This

provision	may	be	reduced	to	no	less	than	200	feet	if	it	would	not	adversely	affect

safety.	The	Administrator	has	already	determined	that	these	same	operating

limitations	and	procedures	provide	an	equivalent	level	of	safety	to	those	regulations

for	which	Brook	Aitken	Cinematography	LLC’s	seeks	exemption	pursuant	to	this

Petition	and,	accordingly,	has	previously	granted	exemptions	in	circumstances	

similar,	in	all	material	respects,	to

those	presented	herein.	See	e.g.	Exemption	Nos.	11062	(Astraeus	Aerial),	11063

(Snaproll	Media	LLC),	11064	(RC	Pro	Productions	Consulting,	dba	Vortex	Aerial),

11065	(HeliVideo	Productions,	LLC),	11066	(Aerial	MOB,	LLC)	and	11067	

(Pictorvision	Inc.)

21.	The	duration	of	each	flight	shall	not	exceed	30	minutes,	or	with	20%	battery	

power	remaining,	whichever	occurs	first.

22.	The	sUAS	shall	not	be	operated	with any	inoperative	flight	critical	systems	or

equipment.

23.	Prior	to	each	flight	the	PIC	shall	inspect	the	sUAS,	including	for	any	inoperable

components,	items	or	equipment,	to	ensure	the	sUAS	is	in	a	condition	for	safe	flight.

If	the	inspection	reveals	a	condition	that	affects	safe	operations,	the	sUAS	shall	not

be	operated	until	the	necessary	maintenance	has	been	performed	and	the	sUAS	is

found	to	be	in	a	condition	for	safe	flight.	Any	discrepancies	and	all	maintenance	or

alterations	shall	be	documented	in	the	aircraft	records,	such	records	to	be	made

available	to	the	Administrator	upon	request.

24.	Any	sUAS	that	has	undergone	maintenance	or	alterations	that	affect	the	sUAS

operation	or	flight	characteristics,	e.g.	replacement	of	a	flight	critical	component,

shall	undergo	a	functional	test	flight	in	accordance	with	the	FOPM.	The	operator

shall	make	an	entry	in	the	sUAS	record	of	such	test	flight.

25.	Record	of	the	sUAS	maintenance,	preventive	maintenance,	alterations,	status	of

replacement/overhaul	component	parts,	and	the	total	time	in	service	of	the	sUAS

shall	be	documented	and	maintained	in	accordance	with the	FOPM.

26.	Except	as	may	be	designated	otherwise	for	Fail-Safe	operations,	the	sUAS	shall	

take	off	and	land	at	a	predetermined	location	next	to	the	PIC.

27.	Upon	loss	of	communication	or	GPS	signal,	the	sUAS	shall	return	to	a	

predetermined	location	next	to	the	PIC	and	land.

28.	In	the	event	of	an	emergency	or	unanticipated	obstacle	to	planned	operations,	

the	sUAS	operation	shall	be	aborted	and	the	sUAS,	if	airborne,	shall	return	to	a

predetermined	location	next	to	the	PIC	and	land.

29.	The	PIC	shall	possess	at	least	a	private	pilot	certificate	and	at	least	a	current

thirdclass	medical	certificate,	and	prior	to	operations	shall	have	met	the	FAA	’	s

currency	and	recency	of	experience	requirements.
30.	Prior	to	operations,	the	PIC	shall	have	accumulated	and	logged	(in	a	manner

consistent	with	14	C.F.R.	§	61.51(b))	a	minimum	of	200	flight	cycles	and	25	hours	of

total	time	as	a	sUAS	rotorcraft	pilot	and	at	least	ten	hours	as	a	sUAS	pilot	with	a

similar	sUAS	type,	such	log	of	which	shall	be	made	available	to the	Administrator

upon	request.	Prior	to	operations,	the	PIC	shall	have	accumulated	and	logged	(in	a

manner	consistent	with	14	C.F.R.	§	61.51(b))	a	minimum	of	five	flight	hours	as	a

sUAS	pilot	operating	the	make	and	model	of	sUAS	to	be	used	for	operations under

the	exemption	and	three	takeoffs	and	three	landings	in	the	preceding	90	days,	such

log	of	which	shall	be	made	available	to	the	Administrator	upon	request.

31.	The	sUAS	shall	be	maintained	in	accordance	with	the	manufacturer	’	s	User	

Manual,	including	any	amendments	or	updates	thereto.	All	amendments	or	updates	

shall	be tracked	and	a	record	of	such	amendments	or	updates	shall	be	maintained	

and	made available	to	the	Administrator	upon	request.

32.	All	maintenance	to	be	performed	on	the	sUAS	shall	be	performed	by	a	technician

qualified	pursuant	to	the	criteria	provided	in	the	FOPM.

33.	The	sUAS	shall	comply	with	all	manufacturer	safety	bulletins.

34.	The	operator	shall	follow	the	manufacturer	’	s	sUAS	aircraft/component,	

maintenance,	overhaul,	replacement,	inspection	and	life	limit	requirements,	as	

provided	in	the FOPM.

35.	Prior	to	conducting	any	operations,	the	operator	shall obtain	a	Certificate	of	

Waiver	or	Authorization	(COA).	Pursuant	to	such	COA,	operator	shall	request	of	a	

Notice	to Airman	(NOTAM) not	more	than	72	hours	in	advance,	but	not	less	than	48	

hours prior	to	the	operation.

36.	At	least	three	days	before	scheduled	operations,	operator	shall	submit	a	written	

Plan	of	Activities	to	the	local	Flight	Standards	District	Office	(FSDO)	with	

jurisdiction over	the	area	of	proposed	operations,	such	submission	of	which	may	be	

waived	with the	concurrence	of	the	FSDO.	If	required	by	the	FSDO	to	be	submitted,	

the	Plan	of Activities	shall	include:	dates	and	times	for	all	flights;	operator	’	s	and	

onscene flight operator	’	s	name	and	phone	number;	sUAS’s	Nnumber;

PIC	’	s	name	and	certificate	number;	statement	that	the	operator	has	obtained	

permission	from	property	owners and/or	local	officials	to	conduct	the	operations	

(list	of	those	who	gave	permission	to be	made	available	upon	request);	description	

of	the	planned	flight	activity,	including, as	applicable,	maps	or	diagrams	of	the	area,	

city,	town,	county	and/or	state	over which	the	operation	will	be	conducted,	and	the	

altitudes	essential	to	accomplish	the operation;	signature	of	the	exemption	holder	

or	representative.

37.	The	sUAS	shall	not	operate	in	Class	B,	C,	or	D	airspace	without	written	approval

from	the	FAA.

38.	The	sUAS	shall	not	operate	within	5	nautical	miles	of	the	geographic	center	of	a

non-towered	airport	unless	a	letter	of	agreement	with	that	airport	’	s	management	

is obtained,	such	letter	to	be	made	available	to	the	Administrator	upon	request,	and	

the operation	is	conducted	in	accordance	with	a	NOTAM	as	required	by	the	operator	

’	s COA.

39.	Any incident,	accident	or	flight	operation	that	transgresses	the	lateral	or	vertical

boundaries	of	the	operational	area	as	defined	by	the	applicable	COA	shall	be	

reported	to	the	FAA	’	s	sUAS	Integration	Office	within	24	hours.	Accidents	shall	also	
be reported to	the	National	Transportation	Safety	Board	(NTSB).	Further	flight

operations	shall	not	be	conducted	until	the	incident,	accident	or	transgression	is

reviewed	by	sUAS	Integration	Office	and	authorization	to	resume	operations	is

provided.

40.	The	sUAS shall	be	operated	pursuant	to	the	FOPM,	such	manual	to	be	made

available	to	the	Administrator	upon	request.	If	a	discrepancy	exists	between	the

FOPM	and	the	conditions	and	limitations	directed	by	the	Administrator	in	granting

the	exemption,	the	conditions and	limitation	in	the	exemption	shall	take	precedence

and	be	followed.	

The	Administrator	has	already	determined	that	these	same	operating	

limitations	and procedures	provide	an	equivalent	level	of	safety	to	those	regulations	

for	which Brook	Aitken	Cinematography	LLC’s seeks

exemption	pursuant	to	this	Petition	and,	accordingly,	has	previously	granted	

exemptions	in	circumstances	similar,	in	all	material	respects,	to	those	presented	

herein.	See	e.g.	Exemption Nos.	11062	(Astraeus	Aerial),	11063	(Snaproll	Media	

LLC),	11064	(RC	Pro	Productions Consulting,	dba	Vortex	Aerial),	11065	(HeliVideo	

Productions,	LLC),	11066	(Aerial	MOB,	LLC)	and	11067	(Pictorvision	Inc.).

c.	Privacy

All	flights	will	occur	over	controlled	access	property	with	the	property	owner’s	

prior	consent	and	knowledge.	Filming	will	be	of	people	who	have	also	consented	to	

being	filmed	or otherwise	have	agreed	to	be	in	the	area	where	filming	will	take	

place.

d. Physical	Security	

In	order	to	ensure	its	safe	and	proper	use, Brook	Aitken	Cinematography	

LLC’s will	be	the	only	operator	of	the	sUAS and	the	sUAS	will	at	all	times	

remain	in Brook	Aitken	Cinematography	LLC’s custody.

4. Lack	of	Threat	to	the	NAS,	Public,	or	National	Security

The	sUAS(s)	being	flown	pose	significantly	less	of	a	threat	than	the	helicopters	and

fixed	wing	aircraft	now	being	employed	because	they	are	a fraction	of	the	size,	carry	

no	flammable	fuel,	and	do	not	carry	crew	or	passengers.	This	is	in	stark	contrast	to	

conventional qaircraft that	carry	flammable	fuel,	carry	passengers	and	crew,	and	

operate	in	a	much	larger

area.

E.						 Brook	Aitken	Cinematography	LLC’s	’	s	Operations	Pursuant	to	This	Petition	

Qualify	for	Exemption	Under	Section

44701.	

Granting Brook	Aitken	Cinematography	LLC’s’	s	request	for	exemption	would	

benefit	the	public	and	have	no	adverse effect	on	safety.	Accordingly,	Brook	Aitken	
Cinematography	LLC’s	operations	pursuant	to	this	Petition	also	qualify	for	an

exemption	from	the	FAA	’	s	related	safety	regulations	under	Section	44701.

1. Public	Interest	Benefits

sUASs	serves	as	a	safe,	efficient,	and	economical	alternative	to	manned	aircraft

traditionally	used	to	conduct	aerial	photography	for	the	motion	picture	and	

television	industry. No	pilot	or	crew	need	be	airborne,	thereby	providing	for

superior	safety	to	persons	and	property	in	the	air	and	on	the	ground	than	that	

provided	by	manned	aircraft	performing	the same	operations.	Granting	the	

exemption	would	also	reduce	the	number	of	manned	aircraft	in the	NAS	and,	as	a	

result,	reduce	the	environmental	impact	of	such	operations.

2. No	Adverse	Safety	Effects

Operations	pursuant	to	the	limitations	and	guidelines	addressed	herein	and	

in	the FOPM	will	provide	an	equivalent	or	even	higher	level	of	safety	to	the	

regulations	from which Brook	Aitken	Cinematography	LLC’s seeks	exemption.	The	

FAA	has	previously	determined	that	granting	Brook	Aitken	Cinematography	LLC’s

petition	under	circumstances	similar,	in	all	material	respects,	to	those	presented	

herein	(e.	g.	Exemption	Nos.	11062	(Astraeus	Aerial),	11063	(Snaproll	Media	LLC),	

11064	(RC	Pro Productions	Consulting,	dba	Vortex	Aerial),	11065	(HeliVideo	

Productions,	LLC),	11066	(Aerial	MOB,	LLC)	and	11067	(Pictorvision	Inc.).

For	all	of	these	reasons,	Brook	Aitken	Cinematography	LLC’s	operations	pursuant	to	

this	Petition	also	qualify	for	an	exemption	under	Section	44701.

F. Exemptions	Sought	By	Brook	Aitken	Cinematography	LLC’s	And	Reasons	For	

The	Requested	Relief

Pursuant	to	Section	333,	Brook	Aitken	Cinematography	LLC’s	seeks	an	

exemption	from	the	requirements	of	14	C.F.R. §§	45.23(b),	61.113(a)	and	(b),	

91.7(a),	91.9(b)(2),	91.103(b)(2),	91.109(a),	91.119(c),	91.121(a)(1)(iii),	91.151(b),	

91.203(a)	and	(b),	91.405(a),	91.407(a)(1),	91.409(a)(2),	91.417(a) and	(b),	as	well	

as	the	requirement	to	have	a	certificate	of	airworthiness	under	14	C.F.R.	Part

21,	Subpart	H.	

1. 14	C.F.R	21 ̈	Subpart	HÆ	Airworthiness	Certificate.	

Brook	Aitken	Cinematography	LLC’s	seeks	an	exemption	from	14	C.F.R.	21,

Subpart	H.	Part	21	sets	the	procedural requirements	for	airworthiness	certification	

under	Section	44704.	Both	Section	333	and Section	44701	(49	U.S.C.	§	44701(f)	

(Exemptions.))	authorize	the	FAA	to	exempt	sUAS	from the	requirement	of	

airworthiness	certification	under	Part	21	when,	upon	consideration	of	its size,	

weight,	speed,	operational	capability,	and	proximity	to	airports	and	populated	areas,	

it can	be	shown	that	the	sUAS	does	not	create	a	hazard	to	users	of	the	NAS	or	the	
public	or	pose a	threat	to	national	security.

Exemption	from	the	airworthiness	certification	requirement	under	14	C.F.R.	

Part	21 and	Subpart	H	render	inapplicable	those	requirements	founded	or	

conditioned	on	having obtained	such	certification,	including,	without	limitation,	

91.7(a) (aircraft	to	be	in	airworthy condition),	91.203(a)	(airworthiness	and	aircraft	

registration	certificates	to	be	carried	within aircraft),	91.203(b)	(airworthiness	

certificate	to	be	displayed	at	cabin	or	cockpit	entrance), 91.9(b)	(flight	

manual/other	approved	manual	material	to	carried	within	aircraft),	45.23(b)

(display	of	marks	for	category	aircraft),	91.405(a)	(maintenance	required),	

91.407(a)(1)	(return	to	service	after	maintenance	or	alteration),	91.409(a)(2)	

(airworthiness	and	annual	inspection), 91.417(a)	and	(b)	(maintenance	records).

2.	Section	917	©	Civil	Aircraft	Airworthiness	

Either	finding	that	Brook	Aitken	Cinematography	LLC’s meets	the	Section	

333	criteria	or	exemption	from	the airworthiness	certification	requirement	under	

14	C.F.R.	Part	21	renders	subsection	91.7(a)	inapplicable.

Section	91.7,	entitled	Civil	aircraft	airworthiness	,	subsection	(a)	states	

(emphasis added):	“	No	person	may	operate	a	civil	aircraft	unless	it	is	in	an	

airworthy	condition	.	”	To	the extent	the	subsection	91.7(a)	may	be	deemed	to	apply	

to	the	sUAS(s),	however, Brook	Aitken	Cinematography	LLC’s	seeks	an exemption	

from	the	subsection	because,	assuming	exemption	from	Part	21,	there	will	be	no

FAA	standard	by	which	such	a	determination	of	airworthiness	can	be	made.	

Nonetheless,	given	the	limitations	and	procedures,	as	contained	herein,	the	FOPM,	

and	the	sUAS’s	User Manual(s)	for	maintaining	the	aircraft	and	checking	it	before	

each	flight	to	ensure	that	it	is	in peak	operating	condition,	an	equivalent	level	of	

safety	will	be	provided.

3.Sections§	91.203(a)	and (b)	Carrying	Aircraft	Certification	and

Registration

Either	finding	that	Brook	Aitken	Cinematography	LLC’s meets	the	Section	

333	criteria	or	exemption	from	the airworthiness	certification	requirement	under	

14	C.F.R.	Part	21	renders	subsections 91.203(a)(1)	and	91.203(b)	inapplicable.

Section	91.203,	entitled	Civil	aircraft:	Certifications	required	,	subsections	(a)	

and	(b)	state	whether	certain	required	documents	be	kept	at	an	unmanned	aircraft's	

control	station," the	intent	of	91.203	is	fulfilled	if	the	required	documents	are	kept	

at	the	GCS.	However,	if	Brook	Aitken	Cinematography	LLC’s is	either	found	to	meet	

the	Section	333	criteria	or	granted	an	exemption	under	CFR	21

Subpart	4, Brook	Aitken	Cinematography	LLC’s	will	not	have	an	airworthiness	
certificate.	This	renders	91.203(a)(1)	and

91.203(b)	inapplicable.

Therefore,	Brook	Aitken	Cinematography	LLC’s proposes	the	following	

conditions	and	limitations	to	its	request	for exemption	from	subsections	91.203(a)	

and	(b):

Documents	required	by	subsections	91.203(a)	and	(b)	shall	be	maintained	at

the	ground	control	station,	where	they	are	readily	available	to	the	PIC	or	crew

any	time	the	UAS	is	operating.	Any	such	documents	shall	be	made	available

to	the	FAA	upon	request.

4.	 Section	91.9	(b)(2)	Flight	Manual	In	Aircraft

Section	91.9,	entitled	Civil	aircraft	flight	manual,	marking,	and	placard	

requirements	, subsection	(b)(2)	states	(emphasis	added):	

(b)	No	person	may	operate	a	U.S.	registered	civil	aircraft

(2)	For	which	an	Airplane	or	Rotorcraft	Flight	Manual	is	n	ot	required	by	§	2	1.5

of	this	chapter,	unless	there	is	available	i	n	the	aircraft	a	current	approved

Airplane	or	Rotorcraft	F	light	Manual,	approved	manual	material,	markings,

and	placards,	or	any	combination	thereof	.

Pursuant	to	the	FAA's	chief	counsel	memorandum	subject	"Interpretation	

regarding whether	certain	required	documents	be	kept	at	an	unmanned	aircraft's	

control	station,"	the intent	of	91.203	is	fulfilled	if	the	required	documents	are	kept	

at	the	GCS.	However,	if	Brook	Aitken	Cinematography	LLC’s is either	found	to	meet	

the	Section	333	criteria	or	granted	an	exemption	under	CFR	21	Subpart	4,

Brook	Aitken	Cinematography	LLC’s	will	not	have	an	airworthiness	certificate.	This	

renders	91.203(a)	and	91.203(b)	inapplicable.

Therefore,	Brook	Aitken	Cinematography	LLC’s	proposes	the	following	

conditions	and	limitations	to	its	request	for exemption	from	subsection	91.9(b):

All	documents	required	by	subsection	91.9(b)	shall be	maintained	at	the	ground

control	station,	where	they	are	readily	available	to	the	PIC	any	time	the	UAS	is

operating.	Any	such	documents	shall	be	made	available	to	the	FAA	upon

request.	

5. Section	4523	(b)		Aircraft	Marking

Either	finding	that Brook	Aitken	Cinematography	LLC’s	meets	the	Section	

333	criteria	or	exemption	from	the airworthiness	certification	requirement	under	

14	C.F.R.	Part 21	renders	subsection	45.23(b)	inapplicable.

Section	45.23,	entitled	Display	of	marks;	general	,	subsection	(b)	states	(emphasis

added):

(b)	When	marks	include	only	the	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	operator	must	also display	on	

that	aircraft	n	ear	each	entrance	to	the	cabin,	cockpit,	or	pilot

station	,	in	letters	not	less	than	2	inches	nor	more	than	6	inches	high,	the	words

“limited,”	“	restricted,”	“	light-sport,”

“	experimental,”	or	“	provisional,”	as applicable.

To	the	extent	the	subsection	45.23(b)	may	be	deemed	to	apply	to	the	

sUAS(s),	Brook	Aitken	Cinematography	LLC’s	seeks	an	exemption	from	the	

subsection	(	i.e.,	that	the	word	“	restricted	”	be	displayed	near	each entrance	to	the	

cabin,	cockpit,	or	pilot	station,	and	also	that	any	such	marking	be	not	less	than

2	inches	high)	because	the	sUAS	is	unmanned,	and	has	no	cabin,	cockpit,	pilot	

station,	or	entrances	thereto,	and	its	frame	is	of	insufficient	size	to	allow	for	

lettering	greater	than	3⁄4	of	an inch	high.	Thus	marking	the	sUAS	as	required	by	this	

subsection	would	not	be	possible.

An	equivalent	level	of	safety	can	be	provided	instead	by	marking	the	sUAS	

with lettering	as	large	as	practicable	(14	C.F.R.	§	45.29(f))	on	its	largest	available	

surface	so	as	to permit	such	marking	to	be	displayed	to	pilot,	crew,	and	others	both	

when	the	sUAS	is	on	the ground	and	airborne.

6. Sections	91.405 91.407(a)1 ̈	91.409(a)2	 ̈	91.417	(a)	and	

(b)Maintenance	inspections	and	recording.

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	section	and	Part	43	apply	only	to	aircraft	with	an	

airworthiness certificate,	these	sections	will	not	apply	to	the	applicant.	Maintenance	

will	be	accomplished	by the	operator	pursuant	to	the	flight	manual	and	operating	

handbook	as	referenced	in	the Manual.(See	Sections	L	and	Q)	An	equivalent	level	of	

safety	will	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	of	

time.	If	mechanical	issues	arise	the	sUAS	can	land immediately	and	will	be	operating	

from	no	higher	than	400	feet	AGL.	As	provided	in	the Manual,	the	operator	will	

ensure	that	the	sUAS is	in	working	order	prior	to	initiating	flight, perform	required	

maintenance,	and	keep	a	log	of	any	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	of	safety.
7.					Section	61.113(a)and	(b)Private	pilot	privileges	and	limitation	

Pilot	in command.

In	general,	subsections	61.113	(a)	and	(b)	prohibit	a	private	pilot	from	

conducting commercial	operations	Brook	Aitken	Cinematography	LLC’s	seeks	

exemption	from	the	subsections	because	the	sUAS	will not	carry	a	pilot,	passengers	

or	property	(other	than	a	camera).	Unlike	a	conventional	aircraft

that	carries	the	pilot	and	passengers,	the	sUAS	is	remotely	controlled	with	no	living	

thing	onboard.	The	area	of	operation	is	controlled	and	restricted,	and	all	flights	are	

planned	and coordinated	in	advance	as	set	forth	in	the	Manual.	The	level	of	safety	

provided	by	the requirements	included	in	the	Manual	exceeds	that	provided	by	a	

single	individual	holding	a commercial	pilot’s	certificate	operating	a	conventional	

aircraft.	The	risks	associated	with	the operation	of	the	sUAS	are	so	diminished	from	

the	level	of	risk	associated	with	commercial operations	contemplated	by	Part	61	

when	drafted,	that	allowing		operations	of	the	sUAS	as	requested	with	a	private	pilot	

as	the	PIC	exceeds	the	present	level	of	safety	achieved	by	14 C.F.R.	§61.113	(a)	&	(b).

8.												Section	91103(b)(2)Preflight	action

Brook	Aitken	Cinematography	LLC’s seeks	an	exemption	from	14	C.F.R.	

91.103(b)(2).	Section	91.103,	entitled Preflight	action	.

Subsection	91.103(b)(2)	requires	that	the	PIC	take	certain	preflight	actions	

as	provided in	an	approved	flight	manual	or	other	information	appropriate	to	the	

aircraft	to	ensure	the safety	of	the	planned	operations.	As	discussed,	iFLY	pursuant	

to	this	Petition,	however,	will not	be	operating	the	sUAS	pursuant	to	a	FAAapproved

rotorcraft	flight	manual	or	other	such	materials	recognized	to	be	appropriate	to	the	

aircraft	and,	therefore,	will	need	an	exemption from	this	subsection.	An	equivalent	

level	of	safety	will	be	provided	instead	by	requiring	the PIC	before	each	flight	to	

following	the	flight	planning	procedures	set	forth	in the	FOPM,	to

include	checking	the	current	and	forecasted	weather	and	sUAS’s	performance	data	

in	view	of	the	launch	location	elevation,	temperature,	wind	speed	and	direction,	and	

aircraft	gross	weight, as	provided	in	the	FOPM.

9.					Section 91.109(a) Flight	instruction.

Brook	Aitken	Cinematography	LLC’s seeks	an	exemption	from	14	C.F.R.	

91.109(a).	Section	91.109,	entitled	Flight	instruction;	Simulated	instrument	flight	

and	certain	flight	tests	,	subsection	(a)	states	in	relevant

part:

(a)	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.	To	the	extent	the	sUAS	may	be	used	to	train	or	qualify	pilots,	Brook	Aitken	

Cinematography	LLC’s seeks	exemption from	subsection	91.109(a)	because	Brook	

Aitken	Cinematography	LLC’s sUAS(s)	are	by	definition	unmanned	aircraft(s),	and
are	not	designed	to	have	on	board	flight	controls,	let	alone	fully	functional	dual	

controls,	to	be used	by	pilots	of	manned	aircraft	as	required	by	the	regulation.	

Instead,	the	sUAS	is	remotely controlled	via	radio	frequency	(RF)	communications	

between	the	controller	unit,	operated	by the	PIC	located	at	the	GCS.	Any	

training/qualifying,	therefore,	would	not	use	or	require	a	dual set	of	controls.	

Rather,	in	lieu	of	formalized	training,	iFLY	evaluates	its	PIC	’	s	qualifications based	

on	their	experience	with	the	sUAS	and	flight	demonstration,	as	provided	in	the	

FOPM.

An	equivalent	or	even	higher	level	of	safety	can	be	provided	instead	by	using	

an unmanned	aircraft	operated	by	a	PIC	who	at	all	times	is	in	control	of	the	sUAS	

using	the controller	unit	located	at	the	GCS.	Neither	student	nor	instructor	need	be	

airborne,	thereby providing	for	superior	safety	to	persons	and	property	in	the	air	

and	on	the	ground	than	that provided	by	manned	aircraft	performing	the	same	

instructional	operations.

The	FAA	has	approved	exemptions	for	flight	instruction	without	fully	

functional	dual controls	(	e.g.	Exemption	Nos.5778K	&	9862A).

10.	Section	91.119	(c)	Minimum	safe	altitudes.

Brook	Aitken	Cinematography	LLC’s	seeks	an	exemption	from	14	C.F.R.	

91.119(c).	Section	91.119,	entitled	Minimum safe	altitudes.

Section	91.119(c)	establishes	safe	altitudes	for	operation	of civil	aircraft	over	

other	than	congested	areas.	Brook	Aitken	Cinematography	LLC’s seeks	exemption	

from	subsection	91.119(c)	because,	pursuant	to	this Petition,	the	sUAS	will	at	all	

times	be	operated	below	400	feet	AGL.

An	equivalent	or	even	higher	level of	safety	can	be	provided	instead	by,	as	

provided herein,	operated	below	400	feet	AGL,	so	as	to	deconflict	with	manned	

vehicles	operating above	500	feet	AGL,	within	the	VLOS	of	the	PIC	with	the	

assistance	of	a	VO	so	as	to	ensure the	safety	of	and	deconfliction	with	any	persons	or	

property	in	the	air	and	on	the	ground, including	participating	and	nonparticipating	

personnel.

11.	Section	91121(a)1.(iii).	Altimeter	settings.

Brook	Aitken	Cinematography	LLC’s seeks	exemption	from	subsection	

91.121(a)(1)(iii)	because	the	sUAS	does	not	use or	have	on	board	a	typical	

barometric	altimeter	as	contemplated	by	the	regulation.	Instead,	the sUAS	

continuously	downlinks	GPS	altitude	information	from	the	sUAS	to	the	PIC	at	the	

GCS to	maintain	altitude.

An	equivalent	level	of	safety	will	be	provided	instead	by	operating	the	sUAS	

below 400	feet	AGL	within	the	VLOS	of	the	PIC	(with	the	assistance	of	a	VO)	with	
GPS	altitude information	downlinked	from	the	sUAS	to	the	PIC	to maintain	altitude	

and	ensure	safety. Prior	to	each	flight,	a	zero	altitude/AGL	will	be	established	at	the	

launch	site	shown	on	the GPS	altitude	indicator	and	confirmed	for	accuracy	by	the	

PIC.

12.	Section	91.151(b)	Fuel	requirements	for	flight	in	VFR	conditions.

Brook	Aitken	Cinematography	LLC’s	seeks	an	exemption	from	14	C.F.R.	

91.151(b).	Section	91.151(b),	entitled	Fuel requirements	for	flight	in	VFR	conditions	

,	states	(emphasis	added):

(b) No	person	may	begin	a	flight	in	a	rotorcraft	under	VFR	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,	to	fly

after	that	for	at	least	20	minutes	.

Though	the	sUAS	is	unmanned,	and	thus would	not	begin	a	flight	with	a	

person	in	it	as	the	regulation	contemplates,	to	the	extent	the	regulation	applies,	iFLY	

would	need	an exemption	from	this	subsection	because	the	battery	powering	the	

sUAS	only	provides	for approximately	30	minutes	of	flight,	and	therefore	would	not	

meet	the	30	minute	reserve required	by	the	regulation.	Given	the	limitations	on	the	

sUAS’s	proposed	flight	area	and	the location	of	its	proposed	operations	within	a	

predetermined	area,	a	longer	time	frame	for	flight in	VFR	conditions	is	reasonable.

G.	Conclusion

Accordingly,	as	set	forth	above,	Brook	Aitken	Cinematography	LLC’s,	 seeks	

an	exemption	pursuant	to	14 C.F.R.	§	11.61	and	Section	333	of	the	FAA	

Modernization	and	Reform	Act	of	2012,	to	permit safe	operation	of	Brook	Aitken	

Cinematography	LLC’s sUAS(s)	(identified	in	the	FOPM)	commercially,	without	an

airworthiness	certificate,	for	the	special	purpose	of	conducting	aerial	imaging	

operations.	By	granting	this	Petition,	the	FAA	Administrator	will	be	fulfilling	the	

Congressional	mandate	of Section	333	of	the	FAA	Modernization	and	Reform	Act	of	

2012	to	expedite	approval	of operations	of	certain	sUAS	in	the	NAS,	while	also	

advancing	the	interests	of	the	public.

WHEREFORE,	in	accordance	with	the	Federal	Aviation	Regulations	and	the	

FAA Modernization	and	Reform	Act	of	2012,	Section	333,	Brook	Aitken	

Cinematography	LLC’s,	 respectfully requests	that	the	Administrator	grant	this	

Petition	for	an	exemption	from	the	requirements	of 14	C.F.R.	§§	45.23(b),	61.113(a)	

and	(b),	91.7(a),	91.9(b)(2),	91.103(b)(2),	91.109(a),

91.119(c),	91.121(a)(1)(iii),	91.151(b),91.203(a)	and	(b),	91.405(a),	91.407(a)(1),

91.409(a)(2),	91.417(a)	and	(b),	as	well	as	the	requirement	to	have	a	certificate	of

airworthiness	under	14	C.F.R.	Part	21,	Subpart	H.
Dated:	October,	15th 2015

Respectfully	submitted,

Brook	Aitken	Cinematographer	LLC

4734	Mckinley	Dr.

Boulder	Colorado

303.931.7039

Brookaitken@comcast.net

BROOK	AITKEN	CINEMATOGRAPHER	LLC	4734	MCKINLEY	DR	BOULDER	CO	80303

www.brookaitken.com (303)931.7039