April 17, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

W. Building Ground Fl. Room W12­140

Washington, DC 20590

Monar Aero’s Exemption Request Pursuant to Section 333 of the FAA Reform Act of

2012 To Operate Unmanned Aircraft Systems for Aerial Photography and Filming

FAA Regulatory Docket

Name And Address of Petitioner

Monar Aero

Attn: Michael R. Monar

3250 W. Crystal St. #3

Chicago, IL 60651

917.971.9799

michael@monaraero.com
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I. Petition Summary

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

Pub. L. No. 112­95 (2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation

Administration’s (“FAA”) general exemption authority under 49 U.S.C. § 44701(f), Monar

Aero, (“Petitioner”) hereby petitions for exemptions from:

14 C.F.R. Part 21

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

14 C.F.R. 61.133(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b)(2)

14 C.F.R. 91.103(b)(1)

14 C.F.R. 91.119(c)

14 C.F.R. 91.121

14 C.F.R. 91.151

14 C.F.R. 91.203(a) and (b)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409(a)(2)

14 C.F.R. 91.417(a)­(b).

The proposed exemptions, if granted, would allow Petitioner to operate small,

camera­mounted unmanned aircraft systems (“UAS”) weighing 55 pounds or less

including payload (i.e. camera, lens, remote head) for the purpose of closed­set filming of

motion pictures, music videos, web videos, corporate videos, television programs and

commercials, and still photography.

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The Petitioner’s UAS operations will take place only within closed and controlled,

“sterile” set conditions under the auspices of experienced and qualified UAS operators.

Monar Aero UAS, operating with no onboard crew and battery power, represent a
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significant step forward in safety over larger traditional aircraft carrying crew and

flammable fuel. All operations by Monar Aero will be conducted under protocols set forth

in Petitioner’s Flight Operations and Procedures Manual (“FOPM”), the Motion Picture

and Television Flight Operation Manual (“MPTFOM), and any additional rules established

by the FAA specifically for UAS. Following the precedent of exemptions already granted

by the FAA, approval of Monar Aero’s petition will fulfill the mandate of Section 333 in

providing for safe civil UAS operations in the National Airspace System (“NAS”) and

serves the public interest. The Petitioner respectfully asks that the FAA grant the requested

exemptions without delay.

II. Background

A. Experience

Monar Aero’s crew of seasoned film industry professionals posses nearly

half a decade of experience in engineering, building, and operating UAS at a

non­commercial level. Their proven and ultra stable UAS platforms carry the latest

in feature film quality camera equipment such as the Red Dragon and Arri ALEXA

Mini. The Petitioner’s extensively tested lightweight UAS platforms can replace the

far more dangerous full size helicopters now engaged in aerial cinematic capture.

B. Aircraft and Equivalent Level of Safety

As set forth in the Monar Aero FOPM, the operation of UAS will meet or

exceed the current levels of safety attained by traditional aircraft engaged in

cinematic capture. In accord with the key considerations noted in The Reform Act:

1. The weight, size, speed and overall capabilities of the UAS

2. Whether the UAS will be operated near airports or populated areas

3. Whether the UAS will be operated by line of sight

the Petitioner will abide by the following guidelines:
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● Monar Aero’s UAS will have a gross weight of not more than 55 pounds.

● UAS will be operated at a speed of no more than 50 knots.

● The minimum crew for UAS operations will consist of a Pilot In Charge

(“PIC”), Camera Operator (“CO”), and a Visual Observer (“VO”).

● Communication between PIC, Camera Operator and Visual Observer will be

facilitated by hands free two way radio.

● A safety meeting must be conducted prior to each day’s operations. All crew

working within the, “Security Perimeter” must attend to be briefed on the

planned operations.

● Flights will be performed at no more than 400 feet AGL.

● UAS will utilize a radio frequency spectrum for operation and control that

complies with Federal Communications Commission (“FCC”) requirements.

● UAS will not carry explosive materials or combustible fuels

● UAS flights will be performed within line of sight of the PIC and the Visual

Observer

● The UAS crew will consist of at least one FAA licensed airman with a

private pilot’s license and third class medical certificate.

● UAS flights will last only 5­25 minutes each.

● UAS will land before battery levels go below 25%. Should battery levels

drop to 25% unexpectedly, the Monar Aero UAS has programmed failsafe

protocol whereby it will perform a pre­programmed, predictable, automated

flight maneuver and return to a predetermined landing site within the defined

“Security Perimeter.”

● UAS operations will take place only within controlled and pre­determined

“Security Perimeters.”

● UAS are equipped with redundant safety mechanisms allowing them to

operate safely after experiencing Command And Control (“C2”) link failures.

If a C2 link event occurs, including the loss of ground communications

and/or the loss of a GPS signal, the Monar Aero UAS have the ability to

perform a pre­programmed, predictable, automated flight maneuver and
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return to a predetermined landing site within the defined “Security

Perimeter.”

● Telemetry data including battery level, speed, altitude, GPS satellite lock,

and flight mode will downlink from the UAS to a ground­based on­screen

display

● Monar Aero will obtain consent from all persons involved in the aerial

filming scenario. Persons not involved in filming will not be allowed within

100 feet of the operation.

● All required permissions and permits will be obtained from territorial, state,

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

appropriate government agencies.

● The PIC and VO must be trained in UAS operation, and the particular UAS

craft to be operated, as per the Monar Aero FOPM.

● In the event that the, “Security Perimeter” is breached and/or potential safety

breaches are imminent, operations will be breached following protocol

outlined in the FOPM.

III. Specific Exemptions Requested by Monar Aero Under Section 333.

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and

The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size,

weight and enclosed operational area of Monar Aero’s UAS permits exemption from Part 21

because Monar Aero’s UAS meet an equivalent level of safety pursuant to Section 333 of the

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both

pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate
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requirement in consideration of the weight, size, speed, maneuverability and proximity to U.S.

areas such as airports and dense populations. Monar Aero’s UAS meet or exceed each of these

elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness

certificate. As no such certificate will be applicable in the form contemplated by the FARs, this

Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no

pilots or passengers, and given the size of the UAS, this Regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a manual at the flight operations

center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Monar Aero’s

UAS utilize electronic global positioning systems, accelerometers and multiple integrated

gyroscopes to provide spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and

registrations. They are inapplicable for the same reasons described above. The equivalent level

of safety will be achieved by maintaining such certifications and registrations at the Monar

Aero’s flight operations center.

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Monar Aero UAS are unmanned and relatively small, without a traditional cabin or

fuselage on which to place registration markings. Petitioner’s UAS will be identified by

individual serial number, registered in accordance with 14 C.F.R. Part 47, and have identification

(N­Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as

large as practicable.
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C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non­commercial

operations. Monar Aero UAS do not carry pilots or passengers and as such can achieve an U.S.

equivalent level of safety as achieved by current Regulations. Unlike conventional manned

aircraft, all of the Petitioner’s UAS operations are controlled from the ground and held within

cordoned off and controlled, “Security Perimeters.” In addition to possessing a private pilots

license, the PIC will have attained the necessary remote piloting skills and knowledge as outlined

in the Monar Aero FOPM. Consequently, the safety risks of operating a relatively small,

unmanned Monar Aero UAS are significantly less than those associated with operating

conventional manned commercial operations. Thus, allowing operation of a Monar Aero

UAS by a private pilot as the PIC exceeds the present level of safety sought by 14 C.F.R.

§61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. In pertinent part,

it states that:

“(d) Helicopters, powered parachutes, and weight­shift­control aircraft.​If the

operation is conducted without hazard to persons or property on the surface­”

Monar Aero UAS will only operate within an established, “Security Perimeter” below 400 AGL,

providing an equal or greater level of safety provided in relation to minimum safe altitudes. In

contrast to conventional helicopters, Petitioner’s UAS carry no passengers, pilots, or explosive

fuels, thus an equivalent or greater level of safety will be realized.

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

Inspections.
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These Regulations require, amongst other things, aircraft owners and operators to “have [the]

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. . . .”

These Regulations apply only to aircraft with an airworthiness certificate, they will not apply to

Monar Aero operations should its exemption be granted. As outlined in the FOPM, Monar Aero

conducts its own strict maintenance regimen. The operator will be responsible for inspections

and any maintenance necessary. As provided for in the FOPM, the operator will fulfill all

system checks prior to flight to verify that the UAS is in good working order. Any discrepancies

will be repaired and noted in the Maintenance Log. Should discrepancies arise

during an operation, the UAS will be grounded immediately in accordance with mission abort

protocol prescribed in the FOPM. An equivalent level of safety will be achieved because the

UASs operate no higher than 400 AGL, are subject to extensive maintenance regimens, weigh

less than 55 pounds, are more maneuverable than conventional manned aircraft, and can easily

be landed should mechanical issues arise.

IV. Summary

Monar Aero seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a);

14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14

C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a);

14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2); and, 14 C.F.R.

§§ 91.417 (a) & (b) to operate commercially its fleet of small unmanned vehicles and lightweight

unmanned vehicles for the purpose of closed­set filming of motion pictures, music videos, web

videos, corporate videos, television programs and commercials, and still photography.

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

use of UAS by the film industry will serve to increase the level of safety afforded to aerial

cinematic capture. UASs reduce risk by eliminating the need for manned aircraft weighing

thousands of pounds and carrying large amounts of explosive fuel. Monar Aero UASs, weighing

less than 55 pounds, operating under battery power and within strict, “Security Perimeters”

mitigate risk to human life. These factors justify Monar Aero’s petition for exemption and
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satisfy the criteria provided in section 333 of the Reform Act of 2012. Monar Aero will comply

with the same conditions and limitations as provided in numerous section 333 exemptions

granted recently for closed set filming and other purposes. Accordingly, we respectfully ask the

FAA to grant this petition in summary fashion, and obviate Federal Register publication and

public comment.

Kind Regards,

Michael R. Monar