February 5, 2016

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. Part 61.113 (a) & (b); 91.103(b); 91.119; 91.121; 9.151(a); 91.405 

(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

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

and 14 C.P.R. Part 11, American Sports Productions , an aerial photography and digital imaging 

company, on behalf of itself and its related affiliates under common ownership and control, 

hereby applies for an exemption from the listed Federal Aviation Regulations ("PARs") to allow 

commercial operation of its Small Unmanned Aircraft Systems ("UAS") for aerial imaging for 

video and still photography, 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.
The name and address of the applicant is:

American Sports Productions 

1400 village blvd Apt 902 

West Palm Beach, FL 33409

Jacques Ungerer

561-232-1759

jacques@americansportsproductions.com

American Sports Productions requests exemption from the following regulations:

14 C.F.R 61.113 (a) & (b)

14 C.F.R. 91.103

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)(1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

CURRENT UAS SPECIFICATIONS

DJI Phantom 3

Weight (Including Battery And Propellers)

1280 g

Diagonal Size (Including Propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy:

• Vertical: +/- 0.1 m (when Vision 

Positioning is active) or +/- 0.5 m

• Horizontal: +/- 1.5 m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS
I. STATUTORY AUTHORITY FOR EXEMPTIONS

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

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act,

including UASs, 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 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 CPR §91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may

operate in the National Airspace System (NAS) without creating a hazard to the user, the public,

or a threat to national security. In making this determination, the Secretary must consider:

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

Whether the UAS operates within the visual line of sight of the operator

Whether the UAS operates outside of highly populated areas and away from

close proximity to airports

Reform Act §333(a). If the Secretary determines that a UAS "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)

American Sports Productions 's UAS are multirotor vehicles, weighing 55 or fewer lbs. including 

payload. They operate under normal conditions at a speed of no more than 70 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. The UAS will 

operate only in the Pilot's visual line of sight at all times and will operate only within the 

controlled environment. Such operations will ensure that the UAS will "not create a hazard to

users of the National Airspace System or the public." Reform Act Section 333 (b).

Given the small size of the UAS involved and the restricted and controlled environment within

which they will operate, our application falls squarely within the zone of safety (an equivalent

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

commercial operations of UAS to commence immediately. Also, due to the small size of the

UAS, altitudes, and controlled areas in which the UAS 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, the grant of the

requested exemptions is in the public interest. Accordingly, American Sports Productions 

respectfully requests that the FAA grant the requested exemption without delay.
II. PUBLIC INTEREST

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 NAS before

completion of the rulemaking required under Section 332 of the Reform Act. By granting an

exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant

safety precautions in low risk environments.

The use of UAS on aerial photography operations can significantly reduce the risk to

photographers and participants. UAS can inspect, photograph, and collect data on hard to get to

areas that otherwise would require direct access or manned aircraft.

Additionally, UAS could replace the use of helicopters and small aircraft to produce imagery

for various purposes. The UAS we propose to fly in this application are less than 55 pounds,

and carry no combustible material on board, as opposed to the much larger conventionally

powered small aircraft. Shifting to UAS from manned aircraft presents a marked safety increase

for our workers and the public.

Lastly, UAS reduce the environmental impact by dramatically decreasing the energy used for

aerial imaging and data collection. The UAS used by American Sports Productions uses 

rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft 

that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY AND SECURITY

The operation limitations proposed for an equivalent or higher level of safety because operations 

will further enhance the safety of the persons and/or property using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption as set forth in the Flight Operations 

Manual include: 

1. The UAS will weigh less than 55 lbs. 

2. The UAS will have a maximum operating speed of no more than 50mph. 

3. Flights will be operated within line of sight of the Pilot in Command and/or Visual 

Observer.

4. Maximum flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 30% battery power reserve or 20 minutes of flight time, whichever 

occurs first. 

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 
6. Minimum crew for each operation will consist of the UAS Pilot and the Visual 

Observer. It might also include a Camera Operator, or any other necessary personnel 

to provide a safe environment. 

7. American Sports Productions UAS’ employees will be the only designated Pilots in 

Command. They will have more than 40 hours of training with the UAS. Ongoing 

education and training will be instituted. 

8. A briefing will be performed regarding the planned UAS operations prior to each 

day’s flight consisting of all the days’ production activities. 

9. All flights will occur under Visual Flight Rules Meteorological Conditions only. In 

addition, an anemometer will be used prior to flight to measure wind speed, and 

atmospheric pressure in current flight location. 

10. The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

Reference Point of a tower controlled or uncontrolled airport. 

11. If operations will be within a 5 mile radius of the geographic center/ Airport 

Reference Point of a tower controlled or uncontrolled airport the respective airports 

will be contacted advising them of the estimated flight time, flight duration, elevation 

of flight and other pertinent information. 

12. American Sports Productions UAS will file FAA Form 7711-1, or its equivalent, as 

modified in light of the requested exemption, with the appropriate local Flight 

Standards District Office no more than 72 hours but no less than 48 hours from 

planned operation. 

13. American Sports Productions UAS will obtain verbal/written consent of all persons 

involved with the planned operation and ensure that only consenting persons will be 

allowed within 100 feet of the flight operation, and the radius may be reduced to 30 

feet based upon an equivalent level of safety determination, as required under the 

FOM. With the advanced permission of the FSDO, operations at closer range may be 

approved. 

14. The Pilot in Command and Visual Observer will have been trained in operation of 

UAS and receive up-to-date information for the particular UAS to be operated. 

15. The Pilot in Command and Visual Observer communicate by voice or radio at all 

times. 
16. Written and/or verbal permission and permits will be obtained from territorial, state, 

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

governmental agencies. 

17. If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to land within 13 foot radius of the Pilot In 

Charge and land autonomously. 

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

weather, or emergencies.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR 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 equivalent level of

safety of current operations by requiring the Operator operating the aircraft to have completed a

UAS flight training course of 25 hours before flying a UAS or meeting any FAA pilot licensing 

requirement. 

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely 

controlled with no living thing or cargo on board. The area of operation is controlled and 

restricted per prior planning and necessary coordination with the local FSDO if applicable, and 

all flights are planned and coordinated in advance as set forth in the American Sports 

Productions Manual.

The UAS 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 controlled Area of Operation as set out in the American Sports Productions Manual.

Like other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by the Operator, pursuant to the American Sports Productions Manual requirements, 

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

security for the Area of Operation. 

The FAA will have advance notice of all operations as required. The risks associated with the 

operation of the UAS are therefore diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted and allowing operations of the UAS as 

requested, with an operator who has met the minimum requirements.
14 C.F.R. 91.103: Preflight Action

This regulation requires that each Operator in Command take certain actions before flight to

Ensure the safety of flight. An exemption is needed from this requirement as the Pilot will take

Separate preflight actions, including checking for weather conditions, checking flight battery

Requirements, checking takeoff and landing distances, and all other actions in the Preflight

Checklist in the American Sports Productions Manual. These actions will provide an equivalent 

level of safety.

14 C.F. R. 91.119: Minimum/ Maximum 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. This

exemption is for a multi rotor craft that flies similarly to a helicopter, with vertical takeoff and

vertical landing, which will typically operate at altitudes of less than 400 AGL, so an exemption

may be needed to allow such operations. 

The UAS will never operate at altitudes higher than the base of controlled airspace without prior 

approval and coordination with ATC and will be in a Controlled Area with a "Designated Safety 

Zone", where buildings and people will not be exposed to operations without the specified preobtained consent. 

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 required permission of the

property owner or local officials. Because of the advance notice to the property owner and any

onsite personnel, as outlined in the American Sports Productions Manual, all affected individuals 

will be aware of the planned flight operations. 

Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. 

proposed herein, our UAS will not carry flammable fuel. In addition, the low-altitude operations 

of the UAS will ensure separation between UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

91.121 contains language requiring an aircraft to maintain an altimeter. The UAS's do not have a 

traditional barometric altimeter and therefore an exemption may be needed. The UAS's are, 

however, able to provide an equivalent level of safety through use of GPS based altitude 

reporting equipment.
The GPS component installed on the UAS uses a communications telemetry data link to send 

real time altitude information to the PIC to effectively monitor safety and the flight path. 

Methods include GPS triangulation, digitally encoded barometric altimeter, radio altimeter or 

any combination.

The GPS on the UAS transmits the appropriate data digitally to a ground readout which is 

visible to the PIC at all times PIC. Additionally, the PIC can and will set up the UAS's to 

provide automatic electronic altitude limits that will not allow any UAS to be flown above 400 

feet AGL.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our

UAS is limited to operations in controlled environments as outlined in the American Sports 

Productions Manual, and has a limited range and flight time which require an exemption from 

14 CFR 91.151 (a)The battery powering the UAS provides approximately 20 minutes of powered 

flight. 

To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would necessarily 

be limited to approximately 5 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.

American Sports Productions 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 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 UAS flights to 20 minutes would greatly reduce the utility for which the 

exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery

reserve to ensure that the UAS lands at the ground station with at least 20% of battery power (as

determined by the onboard monitoring system and the operator), whichever happens first. This

restriction would be more than adequate to return the UAS to its planned landing zone from

anywhere in its limited operating area.
14 CFR 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 the 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 American Sports Productions Maintenance will be accomplished 

by the operator and pursuant to the flight manual and operating handbook as referenced in the 

American Sports Productions Manual. 

An equivalent level of safety will be achieved because these small UAS are very limited in size 

and will carry a small payload and operate only in controlled areas for limited periods of time. If

mechanical issues arise, the UAS can land immediately even if operating at a maximum of 1200

feet AGL. 

As provided in the American Sports Productions Manual, 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. 

Privacy

All flights will occur over private or public property with the property owner's prior consent and

knowledge. Images taken will be of individuals who have also consented to being filmed or

otherwise having agreed to be in the area where aerial photography will take place.

Sincerely,

Jacques Ungerer