UAV	Aerial	Video	– 10716	County	Road	1114	Princeton,	TX	75407

U.S.	Department	of	Transportation	Docket	Management	System	1200	

New	Jersey	Ave.,	SE	Washington	DC	20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 

61.113 (a) and (b); 91.103; 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 

91.407 (a)(1); 91.409 (a)(1); and 91.417 (a) and (b); 91.203 (a) and (b); 

91.715.

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,	UAV	Aerial	Video an	operator	of	Unmanned	

Aircraft	Systems	(“UASs”)	for	aerial	Photography	for	the	Outdoor	

television	industry,	hereby	applies	for	an	exemption	from	the	Federal	

Aviation	Regulations	(“FARs”)	to	allow	commercial	operation	of	its	

UAS	platforms.

On	or	about	Sept	25,	2014	the	FAA	granted	exemptions	to	six	UAS	

operators,	including	Astraeus	Aerial.	As	set	forth	in	Top	Shot’s	Flight	

Operations	and	Procedures	Manual	(the	“FOMP”) and	Motion	Picture	

Television	Operations	Manual	(both	submitted	separately	under	14	

CFR	11.	35	(b),	UAV	Aerial	Video	will	Adhere	to	the	terms	of	the	

Astraeus	Exemption.

UAV	Aerial	Video’s	requested	exemption	would	permit	the	operation	

of	small,	unmanned	UAS	under	controlled	And	“sterile”	conditions	in	

the	“outdoor	television	filming”	airspace	that	is:	(1)	limited,	(2)	

predetermined,	(3)	subject	to	controlled	access,	and	(4)	provide	

greater	safety	in	connection	with	aircraft	operations	in	the	Outdoor	

film	and	television	industry.	As	established	by	the	exemptions	already	

granted	by	the	FAA,	approval	of	UAV	Aerial	Video’s	exemption	would	

enhance	safety	and	fulfill	the	Secretary	of	Transportation’s	(the	FAA	

Administrator’s)	responsibilities	to	establish	requirements	for	the	safe	
operation	of	such	aircraft	systems	in	the	national	airspace

1

system.	Section	333	©	of	the	Reform	act.

Below	is	an	example	how	leading	film	organizations	feel	about	using	

UAS’s	by	aerial	production	companies;

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

Government and Regulatory Affairs for the Motion Picture Association 

of America, Inc.,

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

television	industry	an	innovative	and	safer	option	for	filming.	This	new	

tool	for	storytellers	will	allow	for	creative	and	exciting	aerial	shots,	and	

is	the	latest	in	a	myriad	of	new	technologies	being	used	by	our	

industry	to	further	enhance	the	viewer	experience.	We	welcome	the	

FAA’s	leadership	and	support	their	guidance	to	safely	authorize	the	

use	of	UASs	for	the	motion	picture	and	television	industry.”

This	application	is	submitted	by:

UAV	Aerial	Video	 Owner:	Christopher	J.	McClintock.	Ph	214-697-7279

Email	contact:	info@uavaerialvideo.com Address:	10716	County	Road	

1114	Princeton,	TX	75407

Regulations	from	which	the	exemption	is	requested:

14	CFR	61.113	(a)	and	(b)	14	C.F.R	91.103	14	C.F.R.	91.119	14	C.F.R.	

91.121

14	CFR.	91.151	(a)	14	CFR	91.405	(a)	14	CFR	407	(a)	(1)	14	CFR	409	(a)	

(2)	14	CFR	417	(a)	and	(b)	14	CFR	91.203	(a)	and	(b)	14	CFR	91.715

UASs	operated	by	UAV	Aerial	Video	weigh	less	than	55	pounds,	

including	all	payloads.	They operate	at	speeds	of	less	than	50	knots,	

can	hover,	and	can	simultaneously	move	in	multiple	directions.	UAV	

Aerial	Video	will	only	operate	its	UASs	in	line	of	sight	and	will	operate	
only	within	the	sterile	environment	described	in	the	FOPM.	Such	

operations	will	insure	that	the	UAS	will	not	create	a	hazard	to	users	of	

the	NAS	or	public.

Given	the	small	size	of	our	UASs	and	the	restricted area	that	they	will	

be	operated,	UAV	Aerial	Video’s	UAS	operations	adhere	to	the	Reform	

Act’s	safety	requirements.

2

Additionally,	due	to	the	size	of	the	UASs	and	the	limited	area	in	which	

they	will	operate,	approval	of	this	application	presents	no	national	

safety	concerns.	Based	on	the	substantial	level	of	safety	surrounding	

the	proposed	operations,	and	the	significant	public	benefit	(enhanced	

safety).	Reduction	in	environmental	impacts	in	the	outdoor	setting	

these	UASs	will	operate	leaving	no	trace	of	activity	behind,	the	grant	

of	the	requested	exemption	is	in	the	public	interest.	Accordingly,	UAV	

Aerial	Video	respectfully	requests	that	the	FAA	grant	the	requested	

exemption.

Aircraft	And	Equivalent	Level	Of	Safety

The	operating	limitations	proposed	by	UAV	Aerial	Video	provide	for	a	

higher	level	of	safety	because	operations	further	enhance	safety	of	

movie	and	television	filming	operations	using	conventional	aircraft.

As	set	forth	in	the	FOPM,	the	limitations	and	conditions	include:

• €The	UASs	will	weigh	less	than	55	pounds	

• €Flights	will	be	operated	within	line	of	sight	of	a	pilot	and	

observer	

• €Maximum	flight	time	for	each	flight	will	be	30	minutes	or	at	

25%	of	battery	power	reserve	whichever	comes	first.	

• €Flights	will	be	operated	at	an	altitude	of	no	more	than	400	
feet	AGL	as	indicated	by	onboard	GPS	system.	

• €Minimum	crew	for	each	operation	will	consist	of	the	UAS	

pilot,	the	observer	and	a	camera	operator.	

• €A	UAS	pilot	will	be	Pilot	in	Command	(PIC).	

• €A	UAS	pilot	will	be	an	FAA	licensed	airman	with	at	least	a	

private	pilot’s	certificate	and	third	class	Medical	

• €The	UAS	will	only	operate	within	a	confined	“sterile	area”	as	

defined	in	the	FOPM.	

• €The	FOPM	requires	the	establishment	of	a	“Security	

Perimeter”	for	the	flight	operations	area.	

• €A	briefing	will	be	conducted	for	Planned	UAS	operations	

prior	to	each	day’s	flight.	All	personnel	

• €Performing	duties	within	the	boundaries	of	the	safety	

perimeter	are	required	to	attend.	

• €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.	

• €The	operator	will	obtain	consent	of	all	persons	involved	in	

the	filming	and	ensure	that	only	Consenting	persons	will	be	

allowed	within	100	feet	of	the	flight	operation.	

• €The	operator	will	submit	a	written	Plan	of	Activities	to	

the	FSDO	three	days	before	the	proposed	shoot	as	

required	in	the	FOPM.	

• €The	Pilot	and	observer	must	be	trained	in	UAS	

operations	and	received	current	information	on	the	

particular	UAS	to	be	operated	as	required	by	3 
the	FOPM.

• €The	Observer	and	Pilot	will	at	all	times	be	able	to	

communicate	by	voice.	

• €Written	and/or	oral	permission	from	the	relevant	property	

holders	will	be	obtained.	

• €All	required	permissions	and	permits	will	be	obtained	from	

territorial,	state,	county,	or	city	Jurisdictions,	including	local	law	

enforcement,	fire	or	other	managing	governmental	agencies.	

• €If	the	UAS	loses	communications	or	loses	its	GPS	signal,	the	

UAS	will	and	does	have	the	capability	to	return	to	a	predetermined	location	within	the	Security	Perimeter	and	land	

safely.	

• €The	UAS	will	have	the	capability	to	abort	a	flight	in	case	of	

unpredicted	obstacles	or	emergencies.	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	noncommercial	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	a	small	UAS.	Unlike	

a	conventional	manned	aircraft,	A	UAS	is	remotely	controlled	by	

a	ground-based	operator.	The	operational	area	is	controlled	and	

restricted,	and	all	flights	are	planned	and	coordinated	in	

advance.	The	level	of	safety	exceeds	that	provided	by	a	single	

individual	holding	a	commercial	pilot’s	certificate	operating	a	

conventional	aircraft	for	hire.	The	risks	associated	with	the	use	

of	a	UAS	are	so	diminished	from	the	level	of	risk	associated	with	

commercial	operations	contemplated	by	part	61	allowing	UAS	

use	by	a	private	pilot	as	PIC	exceeds	the	present	level	of	safety	

sought	by	14	C.F.R.	61.113	(a)	ab	(b).	14	C.F.R.	91.103:	Prefight	
Action	Section	91.103	requires	each	Pilot	to	preflight	an	aircraft	

before	flight	to	insure	the	safety	of	flight.	As	FAA	approved	

rotorcraft	flight	manuals	will	not	be	used,	an	exemption	is	

requested.	However,	an	equivalent	level	of	safety	will	be	

provided.	The	PIC	will	take	actions,	including	reviewing	weather,	

flight	battery	requirements,	landing	and	takeoff	distances,	and	

aircraft	performance	data	before	each	flight.	14	C.F.R.	91.119	(c)	

:	Minimum	Safe	Altitudes	4 

Section	91.	119	establish safe	altitudes	for	operation	of	civil	aircraft.	

Section	91.119	provides,	in

Pertinent	part,	that:

“Except	when	necessary	for	takeoff	or	landing,	no	person	may	operate	

an	aircraft	below	the	following	altitudes:	.

(	c	)	Over	other	than	congested	areas.	An	altitude	of	500	feet	above	

the	surface,	except	over	open	water	or	sparsely	populated	areas.	In	

those	cases,	the	aircraft	may	not	be	operated	closer	than	500	feet	to	

any	person,	vessel,	or	structure.	“

Because	UAV	Aerial	Video	requests	authority	to	operate	at	altitudes	

only	up	to	400	feet	AGL,	an	exemption	is	needed	to	allow	such	

operations.	Except	for	the	limited	conditions	stated	in	the	FOPM,	the	

UAS	will	never	operate	higher	than	400	feet	AGL.	It	will,	however,	be	

operated	in	a	restricted	area	within	a	security	perimeter,	where	

buildings	and	people	will	not	be	exposed	to	operations	without	their	

pre-obtained	consent.

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

and	speed	of	the	UAS	as	well

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

permission	of	property	owners	or	local	officials.	Because	of	the	

advance	notice	to	the	property	owners	and	participants	in	the	filming	
activity,	all	affected	individuals	will	be	informed	of	the	planned	flight	

operations.	Compared	to	the	flight	operations	for	manned	aircraft	and	

the	lack	of	flammable	fuel,	any	risk	associated	with	the	proposed	UAS	

operations	is	far	less	than	conventional	aircraft	operating	at	or	below	

500	feet	AGL.

In	addition,	the	low-altitude	operations	of	the	UAS	will	ensure	

separation	between	a	UAS	and	conventional	aircraft.

14	C.F.R	91.121	Altimeter	Settings

Section	91.121	requires	each	person	operating	an	aircraft	to	maintain	

cruising	altitude	by	reference	to	an	altimeter	that	is	set	“...	to	an	

elevation	of	the	departure airport	or	an	appropriate	altimeter	setting	

available	before	departure.”	As	a	UAS	may	not	have	a	barometric	

altimeter,	but	instead	a	GPS	altitude	data,	an	exemption	is	needed.	An	

equivalent	level	of	safety	will	be	achieved	by	the	operator,	pursuant	to	

the FOPM	and	Safety	Check	list,	confirming	the	altitude	of	the	launch	

site	shown	on	the	GPS	altitude	indicator	before	flight.

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

Section	91.151	(a)	prohibits	an	individual	from	beginning	“a	flight	in	an	

airplane	under	VFR	conditions	unless	(considering	wind	and	forecast	

weather	conditions)	there	is	enough	fuel	to	fly	to	the	first	point	of	

intended	landing,	and,	assuming	normal	cruising	speed- (1)	During	the	

day,

5

to	fly	after	that	for	at	least	30	minutes	......”

The	battery	powering	the	UAV	Aerial	Video	UASs	provides	

approximately	20	minutes	of	powered	flight.	To	meet	the	30	minute	

reserve	requirement	in	14	CFR	91.151,	UAS	flights	will	be	limited	to	

approximately	10	minutes	in	length.	Given	the	limitations	on	the	UAS’s	

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

flight	in	daylight	VFR	conditions	is	reasonable.	Furthermore,	operating	

the	UASs	in	a	tightly	controlled	area	where	only	people,	property	

owners,	or	official	representatives	who	have	signed	waivers	will	be	

allowed,	less	than	30	minutes	of	reserve	fuel	does	not	engender	the	

type	of	risk	that	91.151	was	intended	to	address.	The	owner/operator	

of	UAV	Aerial	Video	believes	that	safety	can	be	achieved	by	limiting	

flights	to	end	with	a	25%	battery	reserve	as	indicated	on	the	PIC’s	

controller	mounted	monitor.	This	restriction	would	be	more	than	

adequate	to	return	the	UAS	to	its	predetermined	landing	area.

14 C.F.R.	91.405	(a)	(1);	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	sections	and	Part	43	apply	only	to	aircraft	with	an	

airworthiness	certificate,	these	sections	will	not	apply	to	UAV	Aerial	

Video	operations.	Maintenance	will	be	accomplished	by	the	operator.	

An	equivalent	level	of	safety	will	be	achieved	because	the	UASs	are	

limited	in	size, will	carry	a	small	payload	and	operate	only	in	restricted	

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	flight,	perform	any	required	maintenance,	and	

keep	a	log	of	any	maintenance	performed.	Moreover,	the	operator	is	

the	person	most	familiar	with	the	UAS	and	best	suited	to	maintain	it	in	

an	airworthy	condition.

14	C.F.R.	91.203	(A)	and	(B);	91.715	Airworthiness	certificates
Section	91.203(a)	prohibits,	in	pertinent	part,	any	person	from	

operating	a	civil	aircraft	unless	it	has	within	it	(1)	an	appropriate	

and	current	airworthiness	certificate;	and	(2)	an	effective	U.S.	

registration	certificate	issued	to	its	owner	or,	for	operation	within	

the	United	States,	the	second	copy	of	the	Aircraft	Registration	

Application	as	provided	for	in	§	47.31(c).	Section	91.203(b)	

prescribes,	in	pertinent	part,	that	no	person	may	operate	a	civil	

aircraft	unless	the	airworthiness	certificate	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.

A	UAS	has	no	certificate	nor	does	it	have	a	cockpit	door,	UAV	

Aerial	Video	is	requesting	an	exemption	from	91.203	(a)	and	(b)	

also	91.715

6

Summary	for	Publication

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:	UAV	

Aerial	Video	seeks	an	exemption	from	the	following	rules:

14	C.F.R.	§§	61.113(a)	and	(b);	91.103;	91.119(c);	91.121;	91.151(a);	

91.405(a);	91.407(a)(1);	91.409(a)(2);	and	91.417(a)	and	(b);	91.203	(a)	

and	(b);	91.715	to	operate	commercially	a	small	unmanned	vehicle	(55	

pounds	or	less)	in	motion	picture	and	television	operations.

As	established	by	the	UAS	exemptions	already	granted	by	the	FAA,	

allowing	commercial	operations	of	UASs	in	the	film	industry	will	

enhance	safety	by	reducing	risk. Conventional	film	operations,	using	

turbine	aircraft,	operate	at	low	altitudes	and	present	the	risks	

associated	with	aircraft	that	weigh	around	4,000	pounds,	and	which	
carry	large	amounts	of	Jet	A	fuel.	Such	aircraft	must	also	fly	to	and	

from	the	film	location.	In	contrast,	a	UAS	weighing	fewer	than	55	

pounds	and	powered	by	batteries	eliminates	virtually	all	of	that	risk	

given	the	small	size	and	lack	of	combustible	fuel.	The	UAS	is	carried,	

and	not	flown,	to	a	film	set.	In	this	regard,	the	UAS	carries	no	

passengers	or	crew	and,	therefore,	will	not	expose	them	to	the	risks	

associated	with	manned	flights.

The	operation	of	UASs	conducted	in	the	strict	conditions	outlined	in	

the	FOPM	will	provide	an	equivalent	level	of	safety	supporting	the	

grant	of	the	exemption	requested	herein.	The	UASs	operate	at	slow	

speeds,	close	to	the	ground,	and	in	a	sterile	environment.	UAS’s	also	

have	far	less	impact	on	the	environment	compared	to	normal	filming	

practices	it	replaces.	As	a	result,	they	are	far	safer	than	conventional	

operations	conducted	with	turbine	helicopters	flying	near	the	ground	

and	people.

Privacy

All	flights	will	occur	over	private	or	controlled	access	areas	with	the	

property	owner’s	prior	consent	and	knowledge.	Filming	will	be	only	of	

people	who	have	given	their	consent	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	to	grant	

UAV	Aerial	Video	requested	exemption,	allowing	for	UAV	Aerial	

Video’s	UAS	commercial	operations	for	the	Outdoor	television	

industry	pursuant	to	the	FOPM	included	herewith.

7
If	you	have	any	questions	or	need	any	additional	information,	please	

contact the	undersigned	at	214-697-7279 or	at	

info@uavaerialvideo.com

Sincerely	yours,

Christopher J. McClintock

Christopher	J.	McClintock - Owner UAV	Aerial	Video