4-22, 2015
U. S. Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590
Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 ofthe Federal Aviation Regulationsfrom 14 C.F.R. 45.23(b);14 CFR Part21 ;14 CFR 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) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & 

### .{Q1_
Dear Sir or Madam:
Pursuantto Section 333ofthe 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 videographyforthe motion picture and television industryfor closed set filming, event filming, corporate advertising and tower inspections, hereby appliesfor an exemption from the listed Federal Aviation Regulations ("FARs") to allowcommercial operation of its sUASs, so long as such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333. 1

As described morefully 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 asto 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 safetyand fulfill the Secretary ofTransportation'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 ofthe applicant is:

HeliCam Aerial Media Services, LLC Attn: Wayne Mann Ph: 336-339-9205 Email: info@HeliCamHDmedia.com 755 Providence Church Road , Randleman, NC 273174-22, 2015 Page2
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 tofulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems mayoperate 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 ofthe NAS orthe 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 proximityto airports and populated areas Operation of the UASwithin visual line of sight of the operator with an observer
Reform Act § 333 (a)

. Lastly, if the Secretary determinesthat such vehicles "may operate safely in the national airspace system , the Secretaryshall establish requirementsfor 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 dutyon the Administrator to not only process applications for exemptions under section 333, butfor the Administratortocraft conditions for the safe operation of the UAS, if it should be determined that the conditions setforth herein do notfulfill the statutory requirementsfor approval.4-22, 2015 Page3The Administrator maygrant an exemptionfrom a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 of this title if the Administratorfinds the exemption in the public interest. 49 U.S.C. §44701 (f) See also49 USC §44711 (a); 49 USC §44704; 14 CFR §91.203 (a) (1). HeliCamAerial Media Services, LLC's sUASs are lightweight rotorcraft,weighting 55or fewer lbs

. including payload. They operate, under normal conditions at a speed of no morethan 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously

. Theywill 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 applicantfalls 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 UASsto commence immediately. Also due tothe size ofthe 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 andtelevision operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests thatthe 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:

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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 flighttime 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 400feet 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 byvoice. 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 capabilityto abort a flight in case of unpredicted obstacles or emergencies.

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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 certificatewithoutthe 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 orflammable liquid fuels, and inability to carry a substantial external load.
14 C.F.R. § 45.23 (b). Marking ofthe Aircraft


### The regulation requires: When marks include onlythe 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 neareach 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 Page 6

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance tothe 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 safetywill 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 ofthe UAS as "Experimental." The FAA has issued the following exemptions tothis regulation to Exemptions Nos. 10700, 8738, 10167and 10167A.
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 bythe 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 requiresthat 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 priorto each flight, an equal level of safetywill 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) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unlessthere 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 Page 7

The sUAS, given its size and design has no abilityor 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 onthe aircraft.
The same level of safetywill be maintained by keeping the Flight Manual atthe ground control point where the pilot flying the sUAS will have instant accessto it. The FAA has issued thefollowing exemptions tothis 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, batter y 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) tha t is being used forflight instruction unless that aircraft has fullyfunctioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fullyfunctional dual controls. Flight control is accomplished through the use of a radio transmitterthat communicates with the aircraft via radio communications. The FAA has approved exemptions for flighttraining without fully functional dual controls for a number of aircraft and forflight instruction in experimental aircraft

. See Exemption Nos.5778K & 9862A. The equivalent level of safety is provided bythefact that neither a pilot nor passengers will be carried in the aircraft and bythe small size and slow speed of the aircraft.
14 C.F.R. §91.119: Minimum safe altitudes Section 91

.119establishes safe altitudes forthe operation of civil aircraft. Section 91

.119 (d) Allows for helicopters to be operated at lessthan the minimum prescribed altitudes, as long as the person operating the helicopter is in full compliance with any route or altitudes dictated for helicopters bythe FAA. As this exemption isfor a sUAS that is a rotorcraft and the exemption requests authorityto operate at altitudes upto and including 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allowsuch operations. The UAS will always operate at altitudes lowerthan 400AGL. It will also be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent.4-22, 2015 Page 8The same level of safetywill be achieved given the small size, weight and speed of the UAS as well as the location where flights will be conducted. Noflights will be taken without prior approval from the property owner and local officials ifapplicable. Because of the advance notice given tothe property owner and people in the filming activity, all affected persons will be aware of the planned flight operations. Compared toflight 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 isfar lessthan those presently presented with conventional full scale aircraft operating ator below 500 AGL in the movie industry. Also, the low-altitude operations of the sUAS will ensure safe separation between these small- UAS operations andthe operations of conventional full scale aircraft that must complywith 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 indicatorprior 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 tofly tothe first point of intended landing, plus a thirty minute reserve during the dayand a forty five minute reserve at night.
The batteries that powerthe sUAS provide approximately 40 minutes of flight time. To meetthe 30 minute reserve requirement in 14CFR §91.151 , sUASflights would be limited to approximately 10 minutes in length. Given the limited range ofthe UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer timeframefor flights in daylight or nightVFR conditions is reasonable. Applicant believes that an exemption from 14CFR §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 orofficial representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engenderthe 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 more4-22, 2015 Page 9 than adequateto 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 atthe cabin or cockpit entrance so that it is legibleto passengers or crew. The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard 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 wherethe pilot flying the sUAS will have immediate access to them tothe extent they are applicable tothe sUAS. The FAA has issued numerous exemptions tothis regulation. A representative sampleof 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 

### Eof 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 43apply onlyto aircraft with an airworthiness certificate,these sections will not apply tothe 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 areasfor limited periods of time. If mechanical issues arise the sUAS can land immediatelyand will be operating from an altitude no higher than 400 feetAGL. As provided in the Flight Manual, the operatorwill ensure that the UAS is in working order prior to any flight, perform any needed maintenance, and keep a log of any maintenance performed. Alsothe operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the same level of safetyasfull scale aircraft.4-22, 2015 Page 10

Pursuant to 14 C.F.R. Part 11, thefollowing summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from thefollowing 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, eventfilming, 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 proximityto people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,0001bs., carrying large amounts ofjet A or avgas. Full scale aircraft mustflyto and from thefilm location. In contrast, a sUAS weighing fewer than 55 lbs

. and powered by batteries eliminates virtually all ofthat risk given the reduced mass, weightand lack of combustible fuel carried on board. The sUAS is carried tothe film set and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them tothe risks associated with manned full scale aircraftflights.
The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equal orgreater level of safety supporting the grant of the exemptions requested herein, including exempting the applicantfrom the requirements of Part 21 and allowing commercial operations with sUAS aircraft. These lightweight aircraft operate at slow speeds, nearto the ground, and in a sterile environment and because of this, are far saferthan conventional operations conducted with full scale turbine helicopters operating in close proximity to the ground and people. Privacy All flights will occur over privatelyowned or controlled access propertywith the propertyowner'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, proximityto airports and populated areas and operation within visual line of sight and national security- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial4-22, 2015 Page 11

operation of applicant's UAS in the motion picture and television industry pursuantto the Manual appended hereto.

Sincerely,

Wayne Mann HeliCam Aerial Media Services, LLC