NINTH HOUR Productions, INC.

Shane McMullin

108 Lauren Wood Cir.

Taylors, SC 29687

August 26, 2015

U.S. Department of Transportation

Docket Management System 1200

New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 

14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 

11, NINTH HOUR Productions, Inc., operator of small Unmanned Aerial Systems (UAS), hereby 

applies for an exemption from the listed Federal Aviation Regulations to allow commercial 

operation of a small 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.

Commercial Operation Small UAS, as described herein, which are equipped with cameras and 

sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, 

 architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, 

 motion picture, public events, and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract 

 with the owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and 

 rescue operations in cases of an emergency or natural disaster only when the local 

 authorities or government has requested it by contract or donation.

5. Aerial video/photography for public and/or private closed set use for the television 

 and motion picture industry.

NINTH HOUR Productions requested exemption would permit the operation of 

small, unmanned UAS under controlled and “sterile” conditions in the “television 

and motion picture filming” airspace that is: (1) limited, (2) predetermined, 
(3) subject to controlled access, and (4) provide greater safety in connection with 

aircraft operations in the Outdoor Film and Television Industry. As established by 

the exemptions already granted by the FAA, approval of NINTH HOUR 

Productions’ exemption would enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to establish 

requirements for the safe operation of such aircraft systems in the national 

airspace system. Section 333© of the Reform Act.

— The following is a statement from Neil Fried, Senior Vice President, 

Government and Regulatory Affairs for the Motion Picture Association of 

America, Inc., stating how leading film organizations feel about using 

UAS’s by aerial production companies;

“Unmanned aerial systems (UAS) offer the motion picture and 

television industry an innovative and safer option for filming. This 

new tool for storytellers will allow for creative and exciting aerial 

shots, and is the latest in a myriad of new technologies being 

used by our industry to further enhance the viewer experience. 

We welcome the FAA’s leadership and support their guidance to 

safely authorize the use of UASs for the motion picture and 

television industry.”

As described fully below, the requested exemption would permit the operation of small 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’s (the FAA Administrator’s) responsibilities to “....establish 

requirements for the safe operation of such aircraft systems in the national airspace system.”

The name, phone, email and address of the applicant:

Name: NINTH HOUR Productions, INC.

Phone: 864.567.9576

Email: shanem@nhproductions.com

Address: 108 Lauren Wood Cir. Taylors, SC 29687

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)
The small UAS’s I will be using are multi-rotor craft weighing no more than 55 lbs. including 

payload. Under normal conditions they operate at speeds of no more than 45 mph or 39 knots 

and have the ability to hover and move along a vertical and horizontal plane simultaneously. 

They will operate in line of sight only and by the exempted persons only obeying all other local 

and federal laws.

Given the small size of the UAS and the controlled environment provided the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly the applicant requests that the FAA grant the requested exemption with minimum 

delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using conventional 

aircraft. These limitations and conditions to which the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the Flight 

Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

 terminated at 25% battery power reserve or 30 minutes of flight time whichever 

 occurs first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

 (AGL) and not more than 200 feet above an elevated platform from which filming is 

 planned.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command 

 (PIC), the Visual Observer (VO) when needed and may include but not limited to a 

 Camera Operator.

6. The small UAS PIC will be Kelly McMullin (ATP# 2171626 with current 2nd class 

 medical), or other certificated and trained pilots and not allowing any other person to 

 operate the small UAS in a commercial capacity.

7. A briefing will be performed regarding the planned small UAS operations prior to 

 each day’s flight consisting of all the days’ production activities.

8. The PIC will obtain verbal/written consent of all persons involved with the planned 

 operation and ensure that only consenting persons will be allowed within 100 feet of 

 the flight operation, and the radius may be reduced to 30 feet based upon an 		

 equivalent level of safety determination, as required under the FOM. With the 		

 advanced permission or direction of the FSDO, operations at closer range may be 

 approved.
9. The PIC and VO will have been trained in operation of small UAS and receive up-to-

 date information for the particular small UAS to be operated and will be able to show 

 upon request their competent ability to operate the small UAS and/or Camera.

10.The PIC and VO will be able to communicate by voice, radio, and/or text at all 

 times.

11.Written and/or verbal permission and permits will be obtained from territorial, state, 

 county or city jurisdictions, including law enforcement, fire or other appropriate 

 governmental agencies when needed.

12.If the small UAS loses communications or loses GPS signal, the small UAS will have 

 the capability to return to a pre-determined location within a designated location and 

 land autonomously.

13.The small UAS will have the capability to abort a flight in case of unpredicted 		

 obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular small UAS. In all cases, an 

analysis of these criteria demonstrates that the small UAS 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.

The small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured and designated area. Unlike other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. These safety 

enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible 

threat to national security posed by the small UAS, due to its size, speed of operation, location 

of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.
14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 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 

near 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.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed 

as the small UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the small UAS, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 

(f). The equivalent level of safety will be provided by having the small UAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the small 

UAS will see the identification of the small UAS as “Experimental.”

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a 

pilot in command of an aircraft that is carrying passengers or property for compensation or 

hire. Our small UAS do not carry any pilots or passengers nor property therefore I am seeking 

an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote 

control piloting skills. The risks attendant to the operation of small UAS is far less than the risk 

levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and 

limitations set forth in the FOM will equate to the safe operation of the small UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an 

equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The small 

UAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity 

to carry such an item on the aircraft. The equivalent level of safety will be maintained by 

keeping the flight manual at the ground control point where the pilot flying the small UAS will 

have immediate access to it.

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The OPERATOR will take all actions including reviewing weather, 
flight battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight.

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. Small UAS and remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved exemptions 

for flight training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the 

aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for a small UAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated 

platform from which filming is planned, an exemption may be needed to allow such operations. 

As set forth herein, the small UAS will never operate at higher than 400 AGL with the exception 

that in circumstances where the small UAS is used to survey or photograph a structure whose 

height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the 

highest point on the structure. It will however be operated in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their preobtained consent. The equivalent level of safety will be achieved given the size, weight, speed 

of the small UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected individuals will be aware of 

the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting 

far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with conventional 

aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the small 

UAS will ensure separation between these small- UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the small UAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent 

level of safety will be achieved by the operator, pursuant to the safety check list and live flight 

data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator 

before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane 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 – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The battery powering the small UAS provides approximately 30 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited 

to approximately 10 minutes in length. Given the limitations on the small UAS’s proposed flight 

area and the location of its proposed operations within a predetermined area, a longer time 

frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an 

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the 

small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given 

the size and speed of the small UAS. Additionally, limiting small UAS flights to 10 minutes 

would greatly reduce the utility for which the exemption will be granted. Applicant believes that 

an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery 

power— whichever happens first. This restriction would be more than adequate to return the 

small UAS to its planned landing zone from anywhere in its limited operating area.

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 by paragraph 

(a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew.

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the small UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the small UAS will have immediate access to them; to the 

extent they are applicable to the small UAS.

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 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. 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 small UAS can land immediately and will be operating from no higher than 400 feet 

AGL. The operator will ensure that the small UAS 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.
An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the small UAS Manufacturer's Manual, as referenced in the 

Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that the 

small UAS is in working order prior to initiating flight and perform required maintenance 

needed.

Small UAS Information 

Small UAS’s to be used are as follows:

1. DJI Phantom 3 Advanced

Weight (Including Battery And Propellers) 1280 g

Diagonal Size (Including Propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy

• Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

• Horizontal: +/- 1.5 m

Max Speed 16 m/s (ATTI mode, no wind)

GPS Mode GPS/GLONASS

2. DJI Inspire 

Model T600

Weight (Battery Included) 2935 g

Hovering Accuracy (Gps Mode) 

• Vertical: +/- 0.5 m

• Horizontal: +/- 2.5 m

Max Angular Velocity

• Pitch: 300°/s

• Yaw: 150°/s

Max Tilt Angle 35°

Max Ascent Speed 5 m/s

Max Descent Speed 4 m/s

Max Speed 22 m/s (ATTI mode, no wind) Max Flight Altitude 4500 m

Max Wind Speed Resistance 10 m/s

Max Flight Time Approximately 18 minutes

Motor Model DJI 3510

Propeller Model DJI 1345

Indoor Hovering Enabled by default

Operating Temperature Range -10° to 40° C

Diagonal Distance 559 to 581 mm

Dimensions 438x451x301 mm

Thank you for your time in reviewing and considering our section 333 exemption.

Sincerely,

Shane McMullin, Owner

NINTH HOUR Productions, INC.