9059 NW 152nd LN

Miami, FL 33018

May 3, 2015

US 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 

(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, Shot From Above, LLC, an operator of 

Unmanned Aircraft Systems (“UASs”) for aerial photography for the motion 

picture and television industry, hereby applies for an exemption from the Federal 

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

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

operators, including Astraeus Aerial (the “Astraeus Exemption”). As set forth in 

Shot From Above, LLC’s Flight Operations and Procedures Manual (the “FOPM”) 

and Motion Picture Television Operations Manual (both submitted under 

separately under 14 CFR 11.35(b)), Shot From Above, LLC will adhere to the 

terms of the Astraeus Exemption.

Shot From Above, LLC’s requested exemption would permit the operation of 

small, unmanned UAS under controlled and “sterile” conditions in motion picture 

and television airspace that is: (i) limited, (ii) predetermined, (iii) subject to 

controlled access, and (iv) provide greater safety in connection with aircraft 

operations in the film and television industry. As established by the exemptions 

already granted by the FAA, approval of Shot From Above’s exemption would 

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

Administrator’s) responsibilities to “...establish requirements for the safe 

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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:

Shot From Above, LLC

Attn: Yovani Linares; Ph: 786-970-8352

Email: yovani@shotfromabove.net

Address: 9059 NW 152nd LN, Miami FL 33018 

UAS to be used: 

The aircraft to be used with this exemption is a DJI S1000+ multi-rotor octocopter 

(8 rotors). This UAS has been engineered and is considered a professional class 

UAS compared to other consumer brand UASs. It has a maximum take off 

weight of 25 lbs and a max speed of 45 knots which are less than what is 

currently being mandated. It is controlled via remote control operating on a 

digital 2.4ghz signal. Because this is a digital signal and not analog, interference 

from other 2.4ghz signals would not pose a safety risk or loss of aircraft control. 

This particular UAS has a realtime PIC camera installed as well as providing real 

time telemetry information from the UAS itself while in flight. Additionally the 

UAS will be utilizing the DJI A2 flight controller which is one of the most 

advanced and robust flight controllers that have been developed from DJI which 

is also the manufacturer of the the proposed UAS to be used with this exemption. 

S1000+ User Manual v1.2

http://download.dji-innovations.com/downloads/s1000_plus/en/

S1000_Plus_User_Manual_v1.2_en.pdf

A2 User Manual v1.2

http://download.dji-innovations.com/downloads/a2/en/

A2_Quick_Start_Guide_v1.2_en.pdf

Safety features and redundancy: 

The DJI S1000+ UAS has several built-in safety features and redundancies. 

With the addition of the A2 advanced flight controller many of these safety 

features can be utilized. 

• Sparkproof Plugs 

• New Power Distribution System 

• Return to home (Failsafe) 

• Can still be airborne and controllable by PIC with 1 motor failure. 

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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)

UASs operated by Shot From Above, LLC weigh less than 55 pounds, including 

the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more 

than 50 knots, can hover, and can simultaneously move vertically and 

horizontally. Shot From Above, LLC will only operate its UASs in line of sight and 

will operate only within the sterile area described in the FOPM. Such operations 

will insure that the UAS will “not create a hazard to users of the national airspace 

system or the public.”

Given the small size of Shot From Above, LLC’s UASs and the restricted sterile 

environment within which they will operate, Shot From Above, LLC’s UAS 

operations adhere to the Reform Act’s safety requirements. Additionally, due to 

the size of the UASs and the limited areas in which they will operate, approval of 

this application presents no national security issues. Based on the substantial 

level of safety surrounding the proposed operations, and the significant public 

benefit (enhanced safety), reduction in environmental impacts (reduced 

emissions and noise), the grant of the requested exemption is in the public 

interest. Accordingly, Shot From Above, LLC respectfully requests that the FAA 

grant the requested exemption without delay.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Shot From Above provide for at least an 

equivalent or higher level of safety because operations further enhance safety of 

movie and television filming 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/or observer. 

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

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

30 minute limit. 

• Flights will be operated at an altitude of no more than 400 feet AGL, and not 

more than 200 feet above an elevated platform from which filming is 

planned. 

• Minimum crew for each operation will consist of the UAS Pilot, the Visual 

Observer, and the Camera Operator. 

• A UAS pilot will be an FAA licensed airman with at least a private pilot’s 

certificate and third class medical. 

• A UAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other 

than the UAS Pilot, who possesses the necessary PIC qualifications, is 

also present onset (i.e. the Aerial Coordinator), that person can also be 

designated as PIC.

• 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 (”FSDO”). 

• 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. This radius may be reduced to 30 feet based upon an 

equivalent level of safety determination, as required under the FOPM. 

With the advanced permission of the FSDO, operations at closer range 

can be approved. 

• 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 have received 

current information on the particular UAS to be operated as required by 

the FOPM. 

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

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• 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 

appropriate governmental agencies. 

• If the UAS loses communications or loses its GPS signal, the UAS will have the 

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

Perimeter and land. 

• 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 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 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. 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 the PIC exceeds the present level of safety 

sought by 14 C.F.R. §61.113 (a) and (b). 

14 C.F.R. § 91.103: Preflight 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 all actions, including reviewing 

weather, flight battery requirements, landing and takeoff distances, and 

aircraft performance data before commencement of flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes 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, 

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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, vehicle, or 

structure.”

Because Shot From Above, LLC requests authority to operate at altitudes only up 

to 400 AGL, and not more than 200 above an elevated platform from which 

filming is planned, 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 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 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 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 the 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, to fly after that for at least 30 minutes 

. . . .”

The battery powering the Shot From Above, LLC UASs provides approximately 

40 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 

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 

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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(a) was intended to 

address.

Shot From Above, LLC believes that safety can be achieved by limiting flights to 

30 minutes or 25% of battery power, whichever occurs first. This restriction would 

be more than adequate to return the UAS to its pre-determined landing zone 

from anywhere in its limited operating area.

Shot From Above, LLC is not seeking an exemption for night-time UAS 

operations.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections

These regulations require that an aircraft operator or owner shall “have that 

aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter...,” and others 

shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Shot From Above 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.

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:

Shot From Above, LLC 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) 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 

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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. As a result, they are far safer than conventional operations 

conducted with turbine helicopters carrying fuel and 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 Shot From Above, LLCs requested 

exemption, allowing for Shot From Above, LLC’s UAS commercial operations for 

the motion picture and television industry pursuant to the FOPM included 

herewith.

If you have any questions or need any additional information, please contact the 

undersigned at 786-970-8352 or at yovani@shotfromabove.net.

Sincerely yours,

Yovani Linares

President

Shot From Above, LLC

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