4-22, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21 ;14 CFR 

61.113 (a) & (b): 91.7 (a):91.9 (b) (2):91.1 03(b): 91 .109:91 .119: 91.121 : 

91 .151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1 ); 91.409 (a) (2);91.417 (a) & 

.{Q1_ 

Dear Sir or Madam: 

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

Act) and 14 C.F.R. Part 11, HeliCam Aerial Media Servces, LLC, is a developer and operator of 

Small Unmanned Aircraft Systems ("sUASs") equipped to conduct aerial videography for the 

motion picture and television industry for closed set filming, event filming, corporate advertising 

and tower inspections, hereby applies for an exemption from the listed Federal Aviation 

Regulations ("FARs") to allow commercial operation of its sUASs, 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 

As described more fully below, the requested exemption would permit the operation of 

small, unmanned sUASs under controlled conditions in airspace that is 

1) limited 2) predetermined 3) controlled as to access and 4) would provide safety 

improvements to the already safe operations in the film and television industry presently using 

conventional full scale aircraft. Approval of this exemption would thereby increase safety and 

fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to 

" ... establish requirements for the safe operation of said aircraft systems in the national 

airspace system." 

Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

HeliCam Aerial Media Services, LLC 

Attn: Wayne Mann 

Ph: 336-339-9205 

Email: info@HeliCamHDmedia.com 

755 Providence Church Road, Randleman, NC 27317 
4-22, 2015 

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Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61 .113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91 .9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91 .203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation 

to consider whether certain unmanned aircraft systems may operate safely in the national 

airspace system (NAS) before completion of the rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine which types of 

UASs do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

The UAS's size, weight, speed, and operational capability 

• Operation of the UAS in close proximity to airports and populated areas 

Operation of the UAS within visual line of sight of the operator with an observer 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely 

in the national airspace system, the Secretary shall establish requirements for the safe 2 operation of such aircraft in the national airspace system." /d. §333(c) (emphasis added) 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority by its terms includes exempting civil aircraft, as the term is defined 

under §401 01 of the Act, that includes sUASs, from the requirement that all civil aircraft must 

have a current airworthiness certificate. 

1 Applicant interprets this provision to place the duty on the Administrator to not only process 

applications for exemptions under section 333, but for the Administrator to craft conditions 

for the safe operation of the UAS, if it should be determined that the conditions set forth 

herein do not fulfill the statutory requirements for approval. 
4-22, 2015 

Page3 

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. §44701 (f) See also 49 USC 

§44711 (a); 49 USC §44704; 14 CFR §91.203 (a) (1 ). 

HeliCam Aerial Media Services, LLC's sUASs are lightweight rotorcraft, weighting 55 or 

fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 

50 knots and have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. They will operate only in line of sight and will operate only within the predefined 

filming area. 

Given the small size of the sUASs involved and the restricted operational environment 

within which they will operate, the applicant falls squarely within that zone of safety (an equal 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of UASs to commence immediately. Also due to the size of the UASs 

and the restricted areas in which the relevant sUASs will operate, approval of the application 

presents no national security issue. Given the clear direction in Section 333 of the Reform Act, 

the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of 

safety surrounding the proposed operations, and the significant public benefit, including 

enhanced safety, reduction in environmental impacts, including reduced emissions associated 

with allowing UASs for movie and television operations, the grant of the requested exemptions 

is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. These limitations 

provide for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the 

already safe movie and television filming operations conducted with conventional aircraft. 

2 Reform Act Section 333 (b). 

These limitations and conditions to which HeliCam Aerial Media Services, LLC 

agrees to be bound when conducting commercial operations under an FAA issued exemption 

include: 
4-22, 2015 

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1. The sUAS will weigh less than 55 lbs. 

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

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

terminated at 25% battery power reserve should that occur prior to the 30 minute 

limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 

200 feet above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, 

and the Camera Operator. 

6. sUAS pilot will be an FAA licensed airman with at least a private pilot's certificate and 

third class medical. The observer will hold at least a third class medical and pass the 

airman knowledge test. 

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the 

sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. 

the Aerial Coordinator), that person can also be designated as PIC. 

8. The UAS will only operate within a confined "Area" to maintain safe operations. 

9. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day's production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing. 

10. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate Flight Standards District Office. 

11. The operator will obtain the consent of all persons involved in the filming and ensure 

that only consenting persons will be allowed within 100 feet of the flight operation, 

and this radius may be reduced to 30 feet based upon an equivalent level of safety 

determination. With the advanced permission of the relevant FSDO, operations at 

closer range can be approved. 

12. The operator will submit a written Plan of Activities to the FSDO three days before 

the proposed shoot. 

13. Pilot and observer will have been trained in operation of UAS generally and received 

Up-to-date information on the particular UAS to be operated. 

14. Observer and pilot will at all times be able to communicate by voice. 

15. Written and/or oral permission from the relevant property holders will be obtained. 

16. All required permissions and permits will be obtained from territorial, state, county or 

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

governmental agencies. 

17. If the sUAS loses communications or loses its GPS signal, the UAS will have 

capability to return to a pre-determined location within the Security Perimeter and 

land. 

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 
4-22, 2015 

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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 UAS. In all cases, an 

analysis of these criteria demonstrates that the 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 sUAS 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 area. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by both the operator and observer under the 

requirements and in compliance with local public safety requirements, to provide security for the 

area of operation as is now done with conventional filming. The FAA will have advance 

notice of all operations. These safety enhancements, which already apply to civil aircraft 

operated in connection with motion picture and television production, 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 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. 
4-22, 2015 

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

needed as the 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 sUAV, 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 sUAV marked on its 

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

will see the identification of the UAS as "Experimental." The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 1 0700, 8738, 10167 and 1 0167 A. 

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

Sections 61 .113 (a) & (b) limit private pilots to non-commercial operations. Because the 

UAS will not carry a pilot or passengers, the proposed operations can achieve the equal level of 

safety of current operations by requiring the PIC operating the aircraft to have a private pilot's 

license rather than a commercial pilot's license to operate this small UAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with 

no living thing on board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance. The level of safety provided by the requirements 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). 

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 and the requirements for maintenance and use of safety check lists 

prior to each flight, an equal 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. 
4-22, 2015 

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The sUAS, given its size and design has no ability or place to carry a Flight Manual in 

the aircraft, not only because there is no pilot on board, but because there is no space 

available to carry a Flight Manuel on the aircraft. 

The same level of safety will be maintained by keeping the Flight Manual at the ground 

control point where the pilot flying the sUAS will have instant access to it. The FAA has issued 

the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions including using 

check lists 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 PIC will take all actions 

including reviewing weather, battery requirements, landing and takeoff distances and aircraft 

performance data before initiating a 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. 

sUASs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a radio transmitter 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. See Exemption Nos.5778K & 9862A. The equivalent level of 

safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the small size and slow speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91 .119 establishes safe altitudes for the operation of civil aircraft. Section 91 .119 

(d) Allows for helicopters to be operated at less than the minimum prescribed altitudes, as long 

as the person operating the helicopter is in full compliance with any route or altitudes dictated for 

helicopters by the FAA. As this exemption is for a sUAS that is a rotorcraft and the exemption 

requests authority to operate at altitudes up to and including 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. The UAS will always operate at altitudes lower than 400 AGL. It will 

also be operated in a restricted area with security perimeter, where buildings and people will not 

be exposed to operations without their pre-obtained consent. 
4-22, 2015 

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The same level of safety will be achieved given the small size, weight and speed of the 

UAS as well as the location where flights will be conducted. No flights will be taken without prior 

approval from the property owner and local officials if applicable. Because of the advance 

notice given to the property owner and people in the filming activity, all affected persons will be 

aware of the planned flight operations. Compared to flight operations with full scale aircraft or 

rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of 

combustible fuels, any risk associated with these operations is far less than those presently 

presented with conventional full scale aircraft operating at or below 500 AGL in the movie 

industry. Also, the low-altitude operations of the sUAS will ensure safe separation between 

these small- UAS operations and the operations of conventional full scale 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 

using an altimeter that is set to the elevation of the departure airport or to the appropriate 

barometric pressure reading before departure. As the sUAS does not have a barometric 

pressure based altimeter, but instead a GPS altitude reading device, an exemption may be 

needed. An equal level of safety will be achieved by the sUAS operator, pursuant to the Flight 

Manual and Safety Check list, by confirming the altitude of the launch site as shown on the GPS 

altitude indicator prior to each 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 (taking into account wind and forecasted weather conditions) there is 

enough fuel to fly to the first point of intended landing, plus a thirty minute reserve during the 

day and a forty five minute reserve at night. 

The batteries that power the sUAS provide approximately 40 minutes of flight time. To 

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

approximately 1 0 minutes in length. Given the limited range of the UAS's proposed flight area 

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

flights in daylight or night VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.151 (a)). 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 sUAS 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 
4-22, 2015 

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than adequate to return the sUAS to its planned landing zone from anywhere within its 

limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808. 

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 sUAS fully loaded weighs no more than 55 lbs and is operated without an on board 

pilot. There for, there is no ability or place to carry certification and registration documents or 

to display them on the sUAS. 

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

control point where the pilot flying the sUAS will have immediate access to them to the extent 

they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. 

A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 

9789A,9797, 9797A, 9816A,and10700. 

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 sections 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 equal level of safety 

will be achieved because small sUASs are very limited in size and will only 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 an altitude no higher than 400 

feet AGL. As provided in the Flight Manual, the operator will ensure that the UAS is in working 

order prior to any flight, perform any needed maintenance, and keep a log of any maintenance 

performed. Also the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the same level of safety as full scale 

aircraft. 
4-22, 2015 

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Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication 

in the 

Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) 

& (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121 ; 

91.151 (a);91.203(a) and (b); 91.405 

(a); 91.407 (a) (1 ); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to 

operate commercially a small unmanned vehicle (551bs or less) for motion 

picture and television operations, event filming, corporate advertising and 

tower inspections. 

Approval of exemptions allowing commercial operations of sUASs in the film 

industry will increase overall safety by reducing risk. Conventional film operations, 

using jet or piston power aircraft, operate at extremely low altitudes just feet from the 

subject being filmed and in extreme 

proximity to people and structures; and present the risks associated with vehicles 

that weigh in the neighborhood of 4,0001bs., carrying large amounts of jet A or avgas. 

Full scale aircraft must fly to and from the film location. In contrast, a sUAS weighing 

fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given 

the reduced mass, weight and lack of combustible fuel carried on board. The sUAS 

is carried to the film set and not flown. The sUAS will carry no passengers or crew 

and, therefore, will not expose them to the risks associated with manned full scale 

aircraft flights. 

The operation of small UASs, weighting less than 55 lbs., conducted in the 

strict conditions outlined above, will provide an equal or greater level of safety 

supporting the grant of the exemptions requested herein, including exempting the 

applicant from the requirements of Part 21 and allowing commercial operations with 

sUAS aircraft. These lightweight aircraft operate at slow speeds, near to the ground, 

and in a sterile environment and because of this, are far safer than conventional 

operations conducted with full scale turbine helicopters operating in close proximity 

to the ground and people. 

Privacy 

All flights will occur over privately owned or 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. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--

size, weight, speed, operating capabilities, proximity to airports and populated areas 

and operation within visual line of sight and national security- provide more than 

adequate justification for the grant of the requested exemptions allowing commercial 
4-22, 2015 

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operation of applicant's UAS in the motion picture and television industry pursuant to 

the Manual appended hereto. 

Sincerely, 

Wayne Mann 

HeliCam Aerial Media Services, LLC