January 20, 2016

Epic Aerial

2033 Oxford Street

Edmond OK 73013

(405)820-6716

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Petition to Amend Exemption #12913/Regulatory Docket No. FAA–2015–2215: Section 

333 of the FAA Reform Act of the Federal Aviation Regulations originally submitted May 22, 

2015 and granted September 17, 2015. 

Amendment to include exemptions from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and 

3(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to 

operate a UAS to perform closed set motion picture and television filming.

To whom it may concern: 

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform 

Act"), Epic Aerial (the "applicant"), operator of an Unmanned Aircraft Systems ("UAS") seeks 

an amendment to our current exemption from the Federal Aviation Regulations ("FARs") 

to allow for commercial operation of aerial imaging and video for the purpose of closed set 

motion picture and television filming in the state of Oklahoma, as well as, within the United 

States. 

Public Benefits

Epic Aerial is a veteran affiliated small film and video production company which offers aerial 

footage for use in television commercials and various multimedia outlets (i.e. educational, 

corporate and safety videos). The use of such footage has been used for many years in the film 

and video industry through manned, fix winged aircraft and helicopters; however, this method of 

operation is very costly and would be unattainable for a small business such as ours. The use of 

UAS’s has exploded in recent years with the universal availability of small, affordable machines. 

Our clients expect us to deliver on our philosophy of having a commitment to offer the latest 

technology and highest cinematographic quality, while maintaining the utmost safety for the 

public at large. The operating commitments we have placed upon ourselves have led us to 

purchase a UAS for use in our commercial productions in the United States. Our UAS benefits 

the general public because it is much more efficient and safer than the traditional ways of using a 
plane or helicopter to achieve the same result. Our UAS will pose much less of a safety concern 

for the general public when compared to larger, manned aircrafts because we can now provide 

our services while being conservative with fuel, time, emissions, noise, and other resources, 

considering the size, weight, speed, and absence of combustible fuels. As such, we are seeking 

the exemptions detailed below to continue meeting the demands of our clients. 

Regarding the Unmanned Aircraft System & Operations

Epic Aerial operates the DJI S1000 which is designed specifically for professional aerial 

photography and cinematography. Our combined DJI flight controller guarantees our UAS’s 

ability to regain almost instantaneous stability with the operational loss of a rotor. This aircraft 

operates in octo (8) armature configuration, each arm having one (1) motor. Each frame arm is 

designed with an 8° inversion and a 3° inclination. These angles make the UAS more stable 

when rolling and pitching overall, which additionally increases our UAS’s safety factor. The 

S1000 weighs 19.5 pounds or fewer (including payload). The UAS has the capability to hover, 

and move in both vertical and horizontal planes. The UAS will be operated within visual line of 

sight (VLOS) only, and in tightly controlled and limited access airspace. The S1000 is capable of 

speeds up to 35 Knots but will routinely operate at speeds much less than its max capability. The 

S1000 will routinely be operated below 200 feet above ground level (AGL), and never operated 

above 400 AGL. The S1000 UAS is also equipped with a fail-safe which initiates emergency 

landing in the event of loss of power or signal as well as return to home (RTH) safety functions. 

The UAS is equipped with a GPS system which aids in the stabilization of the aircraft. This GPS 

system is what allows the UAS to RTH when battery levels are low or at any point in loss of 

radio communication with operator. The UAS is also equipped with an Inertial Measurement 

Unit (IMU). The IMU provides the flight controller with real-time flight measurement data 

through the use of a barometric altimeter, 6-axis gyroscope and accelerometer. These sensors 

allow the UAS additional stability, which allows the aircraft to compensate and adjust 

immediately to varying climate conditions to hold its position. The UAS also has eight (8) LEDs, 

one on each armature, with the two front arms differentiated by contrasting colors to easily 

identify orientation. All operations will be conducted with written/oral permission of the property 

owner(s). The culmination of these safety features insure that the UAS can and will be operated 

safely without posing a danger to our National Airspace System (NAS) or the public at large. 

Epic Aerial utilizes an extensive checklist which goes above and beyond manufacturer 

requirements and recommendations prior to each flight and maintains aircraft readiness through 

rigorous and thorough maintenance checks. Our Pre-flight checklist consists of ensuring all parts 

are in good condition before each flight; any worn or broken parts will be immediately replaced 

before deeming the UAS airworthy. Propellers and motors are checked for proper operations and 

all connections are torqued to manufacturer recommendations. All wiring and power systems are 

inspected for cracks, nicks or other wear that might impair system well-being or inhibit safety. 

Batteries for both UAS and pilot control transmitter are checked, and are never operated below 

manufacturer’s recommended levels. Current and future weather conditions are assessed before 

each flight. The flight path and its surrounding environment are closely studied, and if necessary 

physically inspected, prior to flight. Emergency landing locations are identified in case of in-
flight emergency. At the end of each day Epic Aerial performs a maintenance check which 

includes all of the aforementioned maintenance operations. The manufacturer’s website is 

consulted on a regular basis to insure that the UAS’s firmware is current and any new 

maintenance routines are adhered to. If any malfunctions, abnormalities or other irregularities are 

noticed all operations are ceased until the cause has been determined and corrected. Once 

corrected the craft is subjected to extensive testing as well as the pre and post maintenance 

checks before deeming the UAS airworthy.

The S1000 UAS utilizes 2.4ghz Radio Frequency (RF) transmitter/controller/receiver for aircraft 

control. A 5.8ghz RF is used for transmission of video/photography functions. 

Epic Aerial will coordinate all flight activities with Flight Standards District Offices (FSDO) 

prior to any operations through phone or email contact with local FSDO’s in our effort to meet 

all existing requirements for UAS flights in NAS. 

Regarding the Unmanned Aircraft PIC 

The Pilot in command (PIC) is a United States Air Force Veteran with a background of six (6) 

plus years of experience flying RC helicopters/quadcopters with no incident. Included in the 

aerial experience, these six years also are accompanied by 300+ hours in a flight simulator. 

Additionally, Air Force electronics schooling and training give the PIC a level of expertise above 

and beyond normal to diagnose, troubleshoot and repair UAS components as well as a thorough 

understanding of RF operational principles. PIC total flight time averages to 900 hours per year 

for a total of 3600 total hours of flight time with various platforms and configurations of RF 

controlled vehicles. The operation of the UAS includes multiple visual observers, with at all 

times a minimum of one visual observer. Visual observer responsibility is to maintain visual 

contact at all times with UAS and alert PIC of any obstructions and/or unsafe conditions that 

may be present during flight as well as any onlookers that may gather. The PIC also holds a valid 

Oklahoma Drivers License. 

The UAS will be operated within visual line of sight (VLOS) of the PIC at all times. This 

enables the PIC to use human vision unaided by any device other than corrective lenses, as 

specified on the PIC’s FAA-issued airman medical certificate or U.S. driver’s license.

Amended exemptions being sought by Epic Aerial are as follows: 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and 3(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b)

The motion picture and television operations manual (MPTOM) will be available on all sets. The 

operator of the UAS affected by this exemption will submit a written Plan of Activities to the 

local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming 

at least 3 days before aerial filming. The plan of activities will include at least the following:

a. Dates and times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this 

grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of the 

UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the filming production event; the list of those who gave permission 

must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, 

county, and/or state over which filming will be conducted and the altitudes essential to 

accomplish the operation.

Flight operations will be conducted closer than 500 feet from participating persons consenting to 

be involved and necessary for the filming production, as specified in the exemption holder’s 

MPTOM. 

Previous exemption request included: 

14 CFR Part 21 subpart H

The UAS to be operated carries neither pilot nor passenger and carries no explosive materials or 

flammable liquids. Given the size (3.4ft X 2.5ft), weight (19.5 pounds), speed <35Knots, and 

limited operating area associated with the aircraft to be utilized, we request exception. In the 

restricted environment and under the conditions proposed operation will be at least as safe, or 

safer, than a conventional aircraft operating with an airworthiness certificate without said 

restrictions. 

14 CFR 45.23 (b) 

Due to the size of this UAS it does not have a cockpit, cabin, or pilot station on which to mark 

certain words or phrases. Lettering would be very difficult to place on such a small aircraft and 

dimensions would need to be smaller than required minimum. Understanding the importance of 

lettering we will mark our UAS with the largest possible letters by placing the assigned number 

or name, based on request/ruling of FAA, on UAS fuselage. The equivalent level of safety will 

be provided by having the UAS marked on its fuselage as required. 

14 CFR 91.7 (a) 

As there will be no airworthiness certificate 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 check list prior to each flight an equivalent level of safety will 

be provided. 

14 CFR 91.9 (b) (2) 
Given the size and configuration, the UAS has no ability to carry a flight manual on the aircraft. 

There is no room, capacity, or pilot on board to adequately carry flight manual. An equivalent 

level of safety will be maintained by keeping the flight manual at ground control point where the 

Pilot in Command (PIC) will have immediate access to it. 

14 CFR 91.103 

As FAA approved flight manuals will not be provided for the aircraft an exemption will be 

needed. Normal procedures including but not limited to; reviewing weather, flight battery 

requirement, landing and takeoff distances, along will all of those found in the “Spreading Wings 

S1000 Users Manual,” which will be available to PIC at all times when the UAS is in operation, 

allow us to maintain an equivalent level of safety and preflight protocol to properly match the 

UAS being operated. 

14 CFR 91.109 

UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is 

achieved through the use of a control box that communicates with the aircraft via radio 

communications. The equivalent level of safety is provided because neither a pilot nor passenger 

will be carried in the aircraft and by the limited speed and small size of the aircraft. 

14 CFR 91.113 (a) and (b) 

We can achieve an equivalent level of safety as achieved by current regulations because our UAS 

does not carry pilot nor passenger. While helpful, a pilots' license will not ensure remote control 

piloting skills. 

14 CFR 91.121 

The UAS may not have a barometric altimeter, but instead does have a GPS altitude read out, we 

believe an exemption is needed. An equivalent level of safety is achieves by the operator 

receiving live flight data monitoring and confirming current altitude along with altitude of launch 

site shown on GPS altitude indicator. 

14 CFR 91.203 (a) and (b) 

Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS has no ability to carry 

certificate and registration documents on the aircraft. There is no room, capacity, or pilot on 

board to adequately maintain such documents. An equivalent level of safety will be achieved by 

keeping these documents, to the extent they are applicable to the UAS, at the ground control 

point where the PIC has immediate access to them. 

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b)

Given these sections only apply to aircraft with an airworthiness certificate, theses sections do 

not apply to this applicant. As a safety precaution our PIC will perform preflight inspections and 

ensure UAS is in working condition before initiating each flight.
Epic Aerial believes the exemptions sought are well within reason and pose no credible risk to 

the public at large or NAS. Our operations described in the exemption request will be conducted 

wholly within the United States. We appreciate your consideration in this matter. If you have any 

questions or are in need of further information do not hesitate to contact us. 

Sincerely, 

Shad Wyckoff

Shad Wyckoff, Co-owner 

Epic Aerial 

2033 Oxford Street 

Edmond OK 73013 

405-820-6716