November 9, 2015 

 

 

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

 

 

Re: Exemption Request Pursuant to Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation Regulations 

 from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 

91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 

91.417{a) & (b). 

 

 

Dear Sir or Madam: 

 

Pursuant to Section 333 of the FAA Modernization and Reform 

Act, I, Chad Kaminski, operator of an Unmanned Aircraft 

System (UAS), hereby apply, on behalf of Celebrity Productions, 

 for an exemption from the listed Federal Aviation Regulations 

 (“FARs”) to allow commercial operation of its UAS, 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. 

 

I would like to formally submit for an exemption from part 21, 

 subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119, 

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

91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of 

Federal Regulations (14 CFR). This proposed exemption would 

allow the operation of unmanned aircraft systems (UAS) for 

 the purpose of aerial videography, photography, real estate 

marketing events, search and rescue purposes.

 
Applicant: 

Chad Kaminski Owner 

Celebrity Productions 

148 Creekside Dr 

Coopersville, MI 49404 

celebrityprod@gmail.com

(616) 384-3548 

 

Commercial operation of an UAS, as described herein, which are 

equipped with camera and sensors, would operate in the following 

manner: 

• Aerial photography and/or video for public and/or private 

use including real estate and other related professional 

activities. 

• Aerial video and/or photography for public and/or private 

use including public and private events.

 

As described fully below, the requested exemption would permit 

 the operation of a UAS under controlled conditions in the NAS 

 that would be a) limited, b) controlled, c) predetermined, and 

d) will provide safety enhancements to the already safe 

operations in the industry presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and 

 fulfill the Secretary of Transportation responsibilities to “Establish 

 requirements for the safe operation of such aircraft systems in 

 the national airspace system.” 

 

As found in Exemption No. 11138 (Trudeau), the FAA recently 

approved similar use of a PHANTOM 2 UAS. We will 

operate a UAS, the Blade Chroma, which is comprised of 

an unmanned aircraft (UA or Chroma), an attached 4K 

 camera and a transportable ground station. 

The Blade Chroma is a quad--copter with a gross weight of 

2.8 pounds. It is equipped with four rotors that are driven 

by electric motors powered by batteries. The UA has a 

maximum airspeed of 16 m/s. It will be operated over various 

metropolitan areas, primarily around West Michigan, to augment 

 real estate listing videos, capture event aerial video and 

photography, with the primary use for weddings and other 

private events related to our business operations. 

 
UAS Operating Parameters 

We will abide by the following additional operating conditions 

under this exemption, which ensures a level of safety at least 

 equal to existing rules: 

• operate UAS below 400 feet and within a radius distance 

of 1000 feet from the controller to aid in direct line of 

 sight visual observation; 

• obtain permission from the owner/controller of any vessels, 

vehicles and structures when operations may be conducted 

 closer than 500 feet to any such vessels, vehicles or 

 structures; we will conduct a safety assessment of the 

 risk of operating closer to those objects and determine 

 that it does not present an undue hazard; 

• operate the UAS for 20--30 minutes per flight; 

• land UAS prior to the manufacturer’s recommended minimum 

 level of battery power; 

• operate UAS during daylight hours only within visual line of 

 sight (VLOS); 

• use the UAS’ global positioning system (GPS) flight safety 

 feature whereby it hovers and then slowly lands if 

 communication with the remote control pilot is lost; 

• conduct all operations under the flight safety protocols 

 (including posting a warning sign reading: “Attention 

Aerial Photography in Progress – Remain Back 150 

 feet”) contained in the operating documents and will 

 actively analyze flight data and other sources of 

information to constantly update and enhance safety 

protocols; 

• contact respective airports if operations will be within 5 

miles to advise them of his estimated flight time, flight 

duration, elevation of flight and other pertinent information; 

• always obtain all necessary permissions prior to operation; 

have procedures in place to abort flights in the event of 

 safety breaches or potential danger; 

• only operate in safe environments that are strictly 

 controlled, are away from power lines, elevated lights, 

airports and densely populated areas (defined by areas 

depicted in “yellow” on VFR charts and through obtaining 

 information regarding congested areas from the local 

Flight Standards District Office (FSDO); 

• conduct extensive preflight inspections and protocols, during 

which safety carries primary importance (reference CHROMA 

Flying Flow Chart and User Manual). 

 
Regarding UAS operational training, we have flown numerous 

practice flights in remote areas as hobbyists simulating flights 

 for future commercial use to gain familiarization with the 

 characteristics of the UAS’ performance under different 

 temperature and weather conditions. 

Any PIC operating our UAS will have accumulated and logged, 

 in a manner consistent with 14 CFR 61.51(b), 25 hours of 

 total time as a UAS rotorcraft pilot including at least 10 

hours logged as a UAS pilot with a multi--rotor UAS. The 

PIC will also have accumulated and logged a minimum of 5 

hours as a UAS pilot operating the same make and model 

of UAS to be used for operations. In addition to the hour 

 requirements, the PIC will accomplish 3 take--offs and landings 

 in the preceding 90 days (for currency purposes) prior to any 

 flight. 

Specific Exemptions Requested 

Given the size, weight, speed, and limited operating area 

 associated with the UA, we feel an exemption from 14 CFR 

part 21, Subpart H (Airworthiness Certificates) and § 91.203(a)

 and (b) (Certifications required), subject to certain conditions 

 and limitations, is warranted and meets the requirements for an 

 equivalent level of safety under 14 CFR part 11 and Section 

333 of P.L. 112--95 (Section 333). 

 

We request an exemption from § 45.23 Marking of the aircraft 

because the UA will not have a cabin, cockpit or pilot station 

on which to mark certain words or phrases. Further, the two--

inch lettering is difficult to place on such a small aircraft with 

dimensions smaller than the minimal lettering requirement. 

Regardless of this, we can mark the UAS in the largest 

possible lettering by placing the word “Experimental” on its 

 fuselage as required by § 45.29(f) so that anyone will see 

 the markings. 

 

We request an exemption from § 91.7(a) which prohibits the 

operation of an aircraft without an airworthiness certificate, 

 since there is currently no certificate applicable to our 

operation, this regulation is inapplicable. 

 

We request an exemption from §§ 91.405(a), 91.407(a)(1), 

91.409(a)(2) and 91.417(a) and (b) Maintenance inspections since 

 they only apply to aircraft with an airworthiness certificate. 

However, as a safety precaution we will perform a preflight 

 inspection of the UAS before each flight as outlined in the 

attached operating documents. 

 
We request an exemption from § 91.9(b)(2) which requires an 

aircraft flight manual in the aircraft, however since there are 

no pilots or passengers on board the aircraft and given its 

 size, this regulation is inapplicable. We believe an equivalent 

 level of safety will be achieved by maintaining a safety/flight 

manual with the UAS ground station. 

 

We request an exemption from § 91.119 which prescribes safe 

altitudes for the operation of civil aircraft, but it allows 

helicopters to be operated at lower altitudes in certain 

 conditions. We will not operate our UAS above the altitude of 

 400 feet above ground level (AGL) and will also only operate 

 in safe areas away from the public and traffic, thus “providing 

 a level of safety at least equivalent to or below those in 

 relation to minimum safe altitudes.” Given the size, weight, 

maneuverability, and speed of the UAS, an equivalent or 

higher level of safety will be achieved. 

 

We request an exemption from § 91.121 Altimeter 

 settings as it is inapplicable since the UAS utilizes 

electronic GPS with a barometric sensor. 

 

We request an exemption from § 91.151(a) Fuel requirements for 

 flight in VFR conditions. 

The UAV is 100% electric and two low battery alerts are 

 issued -- per the operating documents, the UAV will be 

 landed at the first alert. Also, our flights will last only 20--30 

minutes each, and the UAS has an automated function, which 

 results in immediate landing when a low battery is detected. 

The PIC will not begin a flight unless (considering wind and 

 forecast weather conditions) there is enough power to fly to 

 the first point of intended landing and, assuming normal 

 cruising speed, land the UA with 30% battery power remaining. 

Public Interest 

Aerial photography and videography for real estate and events 

are proven strategies to enhance marketing efforts and 

 increase business success. The industry is not new. However, 

until recently it was conducted through the use of costly 

manned aircraft, a prohibitive business activity for small 

companies. By granting this exemption I would be able to 

provide affordable services. 

 

Further, the small UAS will pose no threat to the public 

given its small size and lack of combustible fuel when 

 compared to larger manned aircraft. Additionally, the operation 
of our UAS will minimize harm to the environment economic 

growth by providing information to companies and the public 

looking to relocate or build in the metro areas we service. 

Public and private events serviced by our business enhance 

vibrancy and add culture to the community and its citizens. 

 

Summary

We will comply with all of the following conditions and 

limitations should this exemption be provided:

1) Operations will be limited to the following aircraft described 

 in the operating documents, which is a quad--rotor aircraft 

weighing 2.8 pounds: BLADE CHROMA Unmanned Aircraft 

System. 

2) The UA will not be flown at an indicated airspeed 

exceeding 50 knots. 

3) The UA will be operated at an altitude of no 

more than 400 feet above ground level (AGL), All 

altitudes reported to ATC must be in feet AGL. 

4) The UA will be operated within visual line of 

 sight (VLOS) of the Pilot In Command (PIC) at all 

 times. 

5) All operations will utilize a visual observer (VO). The UA 

will be operated within the visual line of sight (VLOS) of 

 the VO at all times. The VO and PIC will be able to 

 communicate verbally at all times. The PIC will be designated 

before the flight and will not transfer his or her designation 

 for the duration of the flight. The PIC will ensure that the 

VO can perform the functions prescribed in the operating 

documents. 

6) The operating documents will be accessible during UAS 

operations and made available to the Administrator upon 

 request. Any revisions to the operating documents will be 

presented to the Administrator upon request. 

7) Prior to each flight, the PIC will inspect the UAS to 

ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of 

 the UAS, the UAS will not be operated until the necessary 

maintenance has been performed and the UAS is found to be 

 in a condition for safe flight. The Ground Control Station will 

be included in the preflight inspection. All maintenance and 

alterations will be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS 

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

 critical component, will undergo a functional test flight. 

The PIC who conducts the functional test flight will make an 

 entry in the aircraft records. 
9) The pre--flight inspection section in the operating documents 

will account for all discrepancies, i.e. inoperable components, 

 items, or equipment, not already covered in the relevant 

 sections of the operating documents. 

10) We will follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit 

 requirements. 

11) We will carry out maintenance, inspections, and record 

keeping requirements, in accordance with the operating 

documents. Maintenance, inspection, and alterations will be noted 

 in the aircraft records, including total flight hours, description of 

work accomplished, and the signature of the authorized person 

 returning the UAS to service. 

12) Each UAS operated will comply with all manufacturer Safety 

Bulletins. 

13) An authorized person will make an entry in the aircraft 

 record of the corrective action taken against discrepancies 

discovered between inspections. 

14) UAS operations will be conducted by a PIC possessing 

 at least a private pilot certificate and at least a current 

 third--class medical certificate. The PIC will also meet the 

 flight review requirements specified in 14 CFR 61.56 in an 

aircraft in which the PIC is rated on his or her pilot 

 certificate. 

15) Prior to operations conducted for the purpose of aerial 

videography/photography and for real estate listing videos and 

public and private events and similar operations, the PIC will 

have accumulated and logged, in a manner consistent with 14 

CFR 61.51(b), a minimum of 25 hours of total time as a 

UAS rotorcraft pilot including at least 10 hours logged as a 

UAS pilot with a multi--rotor UAS. 

16) Prior to operations conducted for the purpose of aerial 

videography/photography and for real estate listing videos and 

public and private events and similar operations, the PIC will 

have accumulated and logged, in a manner consistent with 14 

CFR 61.51(b), a minimum of 5 hours as UAS pilot operating 

 the make and model of the UAS to be used in operations. 

The PIC will accomplish 3 take--offs and landings in the 

preceding 90 days. 

17) The PIC will not operate the UAS for the purpose of 

aerial videography/photography and for real estate listing videos 

 and public and private events and similar operations, unless 

 the PIC has demonstrated and logged in a manner consistent 

with 14 CFR 61.51(b), the ability to safely operate the UAS 

 in a manner consistent with the operating documents, including 
evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

18) UAS operations will not be conducted during night, as 

defined in 14 CFR 1.1. All operations will be conducted under 

visual meteorological conditions (VMC). 

19) The UA will not operate within 5 nautical miles of an 

 airport reference point as denoted on a current FAA--published 

aeronautical chart. 

20) The UA will 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. 

21) If a UA loses communications or loses its GPS signal, 

 it will return to a predetermined location within the planned 

operating area and land or be recovered in accordance with 

 the operating documents. 

22) The PIC will abort a flight in the event of unpredicted 

obstacles or emergencies in accordance with the operating 

documents. 

23) The PIC will not begin a flight unless (considering wind 

 and forecast weather conditions) there is enough power to fly 

at normal cruising speed to the intended landing point and 

 land the UA with 30% battery power remaining. 

24) We will obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting 

any operations, and also request a Notice to Air--man 

 (NOTAM) not more than 72 hours in advance, but not less 

 than 48 hours prior to the operation. 

25) Before conducting operations, the radio frequency spectrum 

used for operation and control of the UA will comply with 

 the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

26) The documents required under 14 CFR 91.9 and 91.203 will 

be available to the PIC at the Ground Control Station of the 

UAS any time the UAS is operating. These documents will be 

made available to the Administrator or any law enforcement 

official upon request. 

27) The UA will remain clear and yield the right of way to 

all manned aviation operations and activities at all times. 

28) The UAS will not be operated by the PIC from any 

moving device or vehicle. 

29) The UA will not be operated over congested or densely 

populated areas. 
30) Flight operations will be conducted at least 500 feet from 

 all nonparticipating persons, vessels, vehicles, and structures 

unless: 

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in 

 the event of an accident. We will ensure that 

nonparticipating persons remain under such protection. If a 

 situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight 

operations must cease immediately; 

b. The aircraft is operated near vessels, vehicles or 

 structures where the owner/controller of such vessels, 

vehicles or structures has granted permission and the PIC 

has made a safety assessment of the risk of operating 

 closer to those objects and determined that it does not 

present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or 

essential persons do not present an undue hazard to 

 those persons per § 91.119(a). 

31) All operations will be conducted over private or 

 controlled--access property with permission from the land 

owner/controller or authorized representative. Permission from 

 land owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

32) Any incident, accident, or flight operation that transgresses 

 the lateral or vertical boundaries of the operational area as 

defined by the applicable COA will be reported to the FAA's 

UAS Integration Office (AFS--80) within 24 hours. Accidents 

will be reported to the National Transportation Safety Board 

 (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

If you have questions or need additional information, please 

 contact me at Celebrityprod@gmail.com or (616) 384-3548. 

 

 

Thank you, 

Chad Kaminski 

Celebrity Productions

Owner