Jonathan B. Hill

T: +1 202 776 2725

jhill@cooley.com

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM

February 18, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Summary Processing: Exemption Request for Helicopters West, Inc. Under 

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. §§ 61.113(a) and (b); 91.119(c); 91.121; 91.151(a); 

91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) and (b).

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, Helicopters West, Inc. (“Helicopters West”) operator of Small 

Unmanned Aircraft Systems (“sUASs”) equipped to conduct commercial flights for aerial 

photography and filming (hereinafter “the Purpose”), 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 in an exemption granted under either Section 333 or 49 U.S.C. § 

44701(f). Helicopters West will accept the conditions set forth in Exemptions Nos. 11062 and its 

progeny Nos. 11063 through 11067, 11080, 11150, 11158, 11160, 11161, and 11172 (“the 

Similar Exemptions). We ask for summary approval of this exemption request.

As with the approval of the Similar Exemptions, 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.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Helicopters West Aerospace LLC

Attn: John D. Sarviss

495 Aviator Lane

Tuscumbia, Alabama 35674

Ph.: 661-810-9456
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Regulations from which the exemption is requested:

14 C.F.R. § 61.113(a) and (b)

14 C.F.R. § 91.119

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)

14 C.F.R. § 91.405(a)

14 C.F.R. § 407(a)(1)

14 C.F.R. § 409(a)(2)

14 C.F.R. § 417(a) and (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; and

• Operation of the UAS within visual line of sight of the operator.

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 

operation of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added)1.

The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform 

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 § 40101 of the Act, that 

includes sUASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

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 the Transportation 

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

also 49 U.S.C. §§ 44711(a), 44704; 14 C.F.R. § 91.203(a)(1). 

Helicopters West is a startup company that will enter the movie and television, aerial 

photography for television and film industry. Helicopters West UASs are 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 

 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.
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simultaneously. They will operate at altitudes of no more than 400 feet, as further explained, 

and only in line of sight. They will operate only within the sterile areas as described in the 

Helicopters West Flight Operations Manual.

In support of this application, Helicopters West is submitting, with a request for confidentiality as 

shown, the following manuals (hereinafter “the Manuals”)2

:

• 14 Channel Computer System 14 SG Instruction Manual, Exhibit 1 (Public)

• Helicopters West LLC sUAS Flight Operations Manual (“FOM”), Exhibit 2

(Confidential)

• Helicopters West DJI INSPIRE 1 sUAS Aircraft Flight Manual, (Exhibit 3)

(Confidential)

• Helicopters West SkyJib 8 sUAS Aircraft Flight Manual, (Exhibit 4) (Confidential)

Operations in compliance with these manuals will insure that the sUAS will “not create a 

hazard to users of the national airspace system or the public”3 and that the aircraft will operate 

in compliance with the conditions set forth in this application.

Given the small size of the sUASs involved and the restricted environment within which 

they will operate, the applicant falls squarely within that zone of safety (an equivalent 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, the restricted 

areas in which the relevant sUASs will operate and the fact that aircraft will be flown by pilots 

holding at least a FAA private pilot license, 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 battery powered UASs for these functions instead of turbine or gas power 

aircraft/rotorcraft and operations with pilots having at least a private pilot license, 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 filing operations conducted with conventional aircraft.

4

 2 Applicant submits the Manuals, marked “CONFIDENTIAL”, as they contains propriety business 

information that is not released to the public and is protected under the Freedom of Information Act, 5 

U.S.C. § 553, etc.

3 Reform Act Section 333(b). 4 These conditions are reproduced from Similar Exemptions (11062 through 11067, 11080, 11150, 11158

11160, 11161 and 11172).
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Helicopters West notes that has requested that a Certificate of Authorization (COA) not be 

required for flight at or below 400 feet AGL, in Class G airspace and outside of 5 nautical miles 

from the geographic center of airport where a letter of agreement has not been entered with the 

airport management.

These limitations and conditions to which Helicopters West agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

1. The UA must weigh less than 55 pounds, including energy source(s) and equipment. 

Operations will be limited to the aircraft described in the proprietary Manuals: 

2. The UA may not be flown at a speed exceeding a ground speed of 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above ground level 

(AGL) as indicated by the procedures specified in the Operators Manuals. All altitudes 

reported to ATC must be in feet AGL.

4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued medical certificate.

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the 

VLOS requirement, as long as the PIC always maintains VLOS capability. The VO and 

PIC must be able to communicate verbally at all times.

6. The operator will be bound by and follow the Manuals as accepted by the FAA. Any 

additional requirements identified in the final conditions for this Exemption will be added 

to the Manuals. The Manuals will be maintained and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in the final exemption and the procedures outlined in the Manuals, the 

conditions and limitations of the Exemption will take precedence and will be followed. 

Otherwise, the operator will follow the procedures as outlined in its Manuals. The 

operator will update or revise its Manual. It will be the operator’s responsibility to track 

such revisions and present updated and revised documents to the Administrator upon 

request. 

The operator will also present updated and revised documents if it petitions for extension 

or amendment. If the operator determines that any update or revision would affect the 

basis for which the FAA granted this exemption, then the operator will petition for 

amendment to their exemption. The operator will contact the FAA’s UAS Integration 

Office (AFS-80) with questions arising regarding updates or revisions to the Manual.

7. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

aircraft will not operate until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. The Ground Control Station, if utilized, 
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will be included in the preflight inspection. All maintenance and alterations will be 

properly documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight in accordance with the Manual. The PIC who conducts the 

functional test flight must make an entry in the UAS aircraft records of the flight. The 

requirements and procedures for a functional test flight and aircraft record entry must be 

added to the Manuals.

9. The operator will follow the manufacturer’s UAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. When unavailable, 

aircraft maintenance/component/overhaul, replacement, and inspection/maintenance 

requirements will be established and identified in the Manuals. At a minimum, the 

following must be included in the Manual:

a. Actuators / Servos

b. Transmission (single rotor)

c. Powerplant (motors)

d. Propellers

e. Electronic speed controller 

f. Batteries

g. Mechanical dynamic components (single rotor)

h. Remote command and control

i. Ground control station (if used)

j. Any other components as determined by the operator

10. The PIC will possess at least a private pilot certificate and at least a current third-class 

medical certificate. The PIC will also meet the flight review requirements specified in 14 

C.F.R. § 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate.

11. Prior to operations conducted for the Purpose, the PIC will have accumulated and 

logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a 

UAS rotorcraft pilot and at least ten hours logged as a UAS pilot with a similar UAS type 

(single blade or multirotor). Prior documented flight experience that was obtained in 

compliance with applicable regulations will be used to satisfy this requirement. Training, 

proficiency, and experience-building flights may also be conducted under this grant of 

exemption to accomplish the required flight cycles and flight time. During training, 

proficiency, and experience-building flights, all persons not essential for flight operations 

will be considered non-participants, and the PIC will operate the UA with appropriate 

distance from non-participants in accordance with 14 C.F.R. § 91.119.

12. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14 

C.F.R. § 61.51(b), a minimum of five hours as UAS pilot operating the make and model 

of UAS to be utilized for operations under the exemption and three take-offs and three 

landings in the preceding 90 days. Training, proficiency, experience-building, and take-
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off and landing currency flights can be conducted under this grant of exemption to 

accomplish the required flight time and 90 day currency. During training, proficiency, 

experience-building, and take-off and landing currency flights all persons not essential 

for flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

13. Prior to any flight operations authorized by this grant of exemption, the PIC and VO must 

have successfully completed a qualification process, as outlined in the operator’s 

manual. As this is a requirement stipulated by the operator, the test must be developed 

and implemented by a qualified person designated at the sole discretion of the operator. 

A record of completion of this qualification process must be documented and made 

available to the Administrator upon request. 

14. Prior to operations conducted for the Purpose, a flight demonstration, administered by 

an operator-approved and -qualified pilot will be successfully completed and 

documented. This documentation will be available for review upon request by the 

Administrator. Because the knowledge and airmanship test qualifications will be 

developed by the operator, and there are no established practical test standards that 

support a jurisdictional FAA Flight Standards District Office (FSDO) evaluation and 

approval of company designated examiners, the Operator will conduct these tests in 

accordance with the Manual.

The UA will not be operated directly over any person, except authorized and consenting 

personnel necessary for the Purpose, below an altitude that is hazardous to persons or 

property on the surface in the event of a UAS failure or emergency.

15. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a) Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 feet 

of the UA, flight operations must cease immediately and/or;

b) The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and;

c) Operations nearer to the PIC, VO, operator trainees or essential persons do 

not present an undue hazard to those persons per § 91.119(a).

All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 
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Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

See, Exemptions 11170, 11172 and 1117 for proposed language.

16. Prior to any flight Operator will only be required to obtain an Air Traffic Organization 

(ATO) issued Certificate of Waiver or Authorization (COA) for flights that are conducted 

at heights greater than 400 AGL; in other than Class G airspace; and closer than 5 miles 

from the geographic center of a non-towered airport, without a letter of agreement with 

the airport manager. If requested, Operator will provide telephonic advanced notice to 

an ATO or file a NOTAM for any flight not requiring a COA. 

17. If the UAS loses communications or loses its Global Positioning System (GPS) signal, 

the UA will be programmed to return to a pre-determined location within the security 

perimeter and land or be recovered in accordance with the Manual.

18. The UAS will abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the Manual.

19. Each UAS operation will be completed within 30 minutes flight time or with 25% battery 

power remaining, whichever occurs first.

20. All aircraft operated in accordance with this exemption will be identified by serial number, 

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) 

markings in accordance with 14 C.F.R. part 45, subpart C. Markings will be as large as 

practicable.

21. The operator will develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service of the UAS. These procedures will be 

added to the Manual.

22. Each UAS operated under this exemption will comply with all manufacturer Safety 

Bulletins.

23. The operator will develop UAS technician qualification criteria. These criteria will be 

added to the Manual.

24. The preflight inspection section in the Manual will be amended to include the following 

requirement: The preflight inspection will account for all discrepancies, i.e. inoperable 

components, items, or equipment, not covered in the relevant preflight inspection 

sections of the Manual.

25. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.
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26. The documents required under 14 C.F.R. §§ 91.9 and 91.203 will be available to the PIC 

at the ground control station of the UAS any time the aircraft is operating. These 

documents will be made available to the Administrator or any law enforcement official 

upon request.

27. The UA will remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.).

28. UAS operations will not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) will not be undertaken.

29. The UAS will not be operated by the PIC from any moving device or vehicle.

30. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC.

31. The UA will not operate in Class B, C, or D airspace without written approval from the 

FAA. The UA will not operate within 5 nautical miles of the geographic center of a nontowered airport as denoted on a current FAA-published aeronautical chart unless a letter 

of agreement with that airport’s management is obtained, and the operation is conducted 

in accordance with a NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management will be made available to the Administrator upon 

request.

32. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to 

the Federal Aviation Administration’s (FAA) UAS Integration Office (AFS-80) within 24 

hours. Accidents will be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight 

operations will not be conducted until the incident, accident, or transgression is reviewed 

by AFS-80 and authorization to resume operations is provided.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 C.F.R. including, but not limited to, parts 

45, 47, 61, and 91.

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

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because 

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

equivalent 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 as set forth in the Manual. The level of safety 
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provided by the requirements included in the Manual 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) and (b). The FAA has granted exemptions for private pilots 

to conduct similar operations in Exemptions 11062, 11063, 11064, 11065, 11066, 11067 and 

11080.

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 sUAS that is a helicopter and the exemption requests authority 

to operate at altitudes up to 400 AGL an exemption may be needed to allow such operations. 

As set forth herein, except for the limited conditions stated in the Manual and in condition #3, 

page 3, the UAS will never operate at higher than 400 AGL. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS 

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

property owner, facility owner and local officials. Because of the advance notice to the property 

owner and participants all affected individuals will be aware of the planned flight operations as 

set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far 

more than the maximum 55 lbs. 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 the aerial photography industry. In addition, the lowaltitude operations of the sUAS will ensure separation between these small-UAS operations and 

the operations of conventional aircraft that must comply with Section 91.119. The FAA has 

granted exemptions to conduct similar operations in Exemptions 11062, 11063, 11064, 11065, 

11066, 11067 and 11080.

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 sUAS in at least one operating mode will 

not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be 

needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual 

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

indicator before flight. The FAA has granted exemptions to conduct similar operations in 

Exemptions 11062, 11063, 11064, 11065, 11066, 11067 and 11080.

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 
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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 sUAS provides approximately 40 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the 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 night VFR conditions is reasonable.

Applicant believes that an exemption from 14 C.F.R. § 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.

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 sUAS to its planned landing zone from anywhere in its limited 

operating area.

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

5745, 10673, 10808 and Exemptions 11062, 11063, 11064, 11065, 11066, 11067 and 11080.

14 C.F.R. §§ 91.405(a); 407(a)(1); 409(a)(2); 417(a) and (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 as referenced in the Flight 

Operations and Procedures Manual (FOPM) attached as confidential Exhibit 2. (See) 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 areas for limited periods of time. If 

mechanical issues arise the UAS can land immediately and will be operating from no higher 

than 400 feet AGL. As provided in the FOPM, the operator will ensure that the 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. The FAA has granted exemptions for similar operations in Exemptions 11062, 11063, 

11064, 11065, 11066, 11067 and 11080.
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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. §§ 61.113(a) and (b); 91.7(a); 91.119; 91.121; 91.151(a); 91.405(a); 

91.407(a)(1); 91.409(a)(2); 91.409(a)(2) and 91.417(a) and (b) to operate commercially a small 

unmanned vehicle (55 lbs. or less) in motion picture and television operations. 

Approval of exemptions allowing commercial operations of sUASs for filming for motion 

picture and television work will enhance safety by reducing risk. Conventional 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 6,000 lbs., carrying large amounts of jet A or other 

fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the project location. In 

contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of 

that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is 

carried to the target area and not flown. The sUAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights.

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

conditions outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the 

ground, and in areas that are under the control of the customer for the inspections and, as a 

result, are far safer than conventional operations conducted with turbine helicopters operating in 

close proximity to the ground and people or the use of people to climb the structures to conduct 

the inspection. 

PRIVACY

All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Inspection be of inanimate objects in areas where the owners 

and/or operator will have consented to observation/ filming or otherwise have agreed to be in 

the area where inspection will take place.
February 18, 2015

Page Twelve

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM

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 operation of applicant’s UAS for the 

Purposes outlined herein and are consistent with exemptions already granted, including the 

Similar Exemptions (11062 through 11067, 11080, 11150,11158 11160,11161 and 11172 ).

Sincerely,

Jonathan B. Hill

Cooley LLC

Counsel for Helicopters West, Inc.

John McGraw

John McGraw Aerospace Consulting, LLC 

Agent for Helicopters West, Inc.

cc: James Williams

Robert Pappas

Jake Troutman

Dean Griffith, Esq.

Thuy H. Cooper

114045544