June 30, 2015

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 

20590 

 Re: FAA-Docket 2015-0107 Application for Amendment to Exemption 11360 

Dear Sir or Madam: 

On April 17, 2015, the Federal Aviation Administration (FAA) granted Building 10, 

LLC (“Building 10”) an exemption, Exemption No. 11360 (the “Exemption”), pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11. (FAA Docket 20125-0513) That exemption authorized commercial operations 

by Building 10 aerial data collection and closed-set motion picture and television filming. 

Building 10 herewith requests that its Exemption be amended, to the extent necessary, to 

allow real-estate filming and flight training1

. 

Submitted with this request for an amendment is an amended Building 10 sUAS Flight 

Operations Manual. The amended manual addresses the additional commercial operations 

requested herein, including real-estate filming and flight training. The amended manual is 

submitted confidentially, as was the original manual in Docket 2015-0107. The information 

contained in the manual is proprietary and has not been made public. Under the Freedom of 

Information Act, 5 U.S.C. § 552 et. seq., such information is exempt from disclosure and 

Building 10 requests that the Exhibit 1 not be made available in response to any request for 

release of the document. 

As this amended Exemption request is identical to exemptions that already have 

granted, this request should qualify for summary processing. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in this petition. 

 

1

 Building 10 submits this amendment out of an abundance of caution to be sure that its Exemption 

allowing aerial data collection and closed set filming covers the additional commercial uses that Building 

10 wishes to undertake. 

Jonathan B. Hill 

+1 202 776 2725 

jhill@cooley.com 
Page 2 

In Grants of Exemption Nos.11062 to Astraeus Aerial (see Docket No. 

FAA−2014−0352),11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS 

Global, LLC (see Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket 

No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.” As with the approval of the Closed Set Exemptions 

and the General Aerial Photography 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: 

Building 10 LLC 

 Attn: James Cox 

 1112 Settlers Ct. 

 Franklin, TN 37064 

 Ph: (615) 364-2060 

Regulations from which the exemption is requested: 

14 C.F.R. 61.23(a) and (c) 

14 C.F.R. 61.101 (e) (4) and (5) 

14 C.F.R. 61.113 (a) 

14 C.F.R. 61.315 (a) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.119 (c) 

14 C.F.R. 91.121 

14 C.F.R. 91.151 (a)(1) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 407 (a) (1) 

14 C.F.R. 409 (a) (1) and (2) 

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

This amended exemption application expressly fulfills 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 
Page 3 

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

Reform Act § 333 (a). Further, 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)2. 

Building 10’s business and its proposed uses for the aircraft, as modified, also are described in 

its original exemption application in this docket, which is incorporated herein. These aircraft will 

operate consistent with theFlight Operations Manual (“FOM”), Aircraft Flight Manuals 

(“AFMs”),the motion picture and television operations manual (“MPTOM”), all of which have 

been submitted confidentially in this docket. Operations in compliance with these manuals will 

ensure 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 of operation, 

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. 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, the grant of this requested exemption is in the public interest. Accordingly, the 

applicant respectfully requests that the FAA grant this amendment without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECURITY 

Building 10 states that operating in compliance with the conditions set forth in its 

Manuals will provide an equivalent level of safety for the operation of the its approved aircraft 

type for the purposes requested herein. A sUAV weighing fewer than 55 lbs. and powered by 

batteries eliminates virtually all of the risk that conventional operations with helicopters and fixed 

wing aircraft, given the reduced mass and lack of combustible fuel carried on board the UAS. 

The sUAV is carried to the target area and not flown. The sUAV will carry no passengers or 

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

These lightweight aircraft operate at slow speeds, close to the ground. 

PUBLIC INTEREST 

The FAA has granted exemptions to the regulations listed on page 2 in the exemptions 

cited above. As discussed in detail for each of these regulations in the attached Appendix A, 

the public interest will be served by an exemption because, with respect to each, operation in 

 

2

 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. 

3

 Reform Act Section 333 (b). 
Page 4 

compliance with the requested conditions will ensure an equivalent level of safety. As also 

explained in Building 10’s original Section 333 exemption request, the grant of this requested 

exemption is in the public interest given the clear direction in Section 333 of the Reform Act; the 

authority included 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, and the public interest benefits derived from allowing 

control of sUASs from moving platforms to create the wonderful visual effects that enthrall the 

movie and television audiences across the country. 

********* 

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 amended exemption from the following rules: 

14 C.F.R. 61.23(a) and (c) 

14 C.F.R. 61.101 (e) (4) and (5) 

14 C.F.R. 61.113 (a) 

14 C.F.R. 61.315 (a) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.119 (c) 

14 C.F.R. 91.121 

14 C.F.R. 91.151 (a)(1) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 407 (a) (1) 

14 C.F.R. 409 (a) (1) and (2) 

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

to operate commercially a small unmanned vehicle (55 lbs. or less) in real-estate filming 

and to conduct commercial flight training. 

 

Approval of exemptions allowing commercial operations of sUASs for the uses 

requested will enhance safety by reducing risk. “Conventional operations,” no matter where or 

how they are controlled, using jet or piston power aircraft (the current method of filming) operate 

at extremely low altitudes in extreme proximity to people and structures present 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, 

nor, compared to “conventional operations” does it expose the “public” to commensurate risks. 

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 operating in designated areas, at 
Page 5 

relatively slow speeds are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. 

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 UASs for the 

purposes outlined herein. 

Sincerely, 

Jonathan B. Hill 

J. G. Harrington 

Cooley LLP 

Counsel for Helicopters West LLC. 

John McGraw 

John McGraw Aerospace Consulting, LLC 

Agent for Helicopters West LLC. 

cc: Bill Crozier 

Robert Pappas 

Jake Troutman 

Dean Griffith 

 Thuy H. Cooper
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Appendix A 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The FAA has granted exemptions to the following regulations in the listed exemptions: 

14 C.F.R. 61.23(a) and ( c);14 C.F.R. 61.101 (e) (4) and (5);14 C.F.R. 61.113 (a); 14 C.F.R. 

61.315 (a);14 C.F.R. 91.7 (a);14 C.F.R. 91.119 (c);14 C.F.R. 91.121;14 C.F.R. 91.151 (a)(1);14 

C.F.R. 91.405 (a);14 C.F.R. 407 (a) (1);14 C.F.R. 409 (a) (1) and (2);14 C.F.R. 417 (a) & (b) to 

allow aerial data collection and closed set filming (See, FAA Exemptions 11309,11460, 11490 

and the Exemption) 

14 C.F.R. Part 61: 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 PIC operating the aircraft to hold a 

certificate issued by the FAA authorizing operation of any aircraft (ATP, Commercial, Private, 

Recreational or Sport). 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 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 any certificate issued by the FAA as the PIC exceeds 

the present level of safety achieved by 14 C.F.R. Part 61. The FAA has granted exemptions for 

private pilots to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.

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 sUASs that are helicopters 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, 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 55lbs. 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 
 

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

granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 

11447. 

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 each sUAS model 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, 11213, 11360 and 11447. 

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; 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 

5 minutes of reserve time on the batteries. 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, 11213, 11360 and 11447. 
 

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14 C.F.R. Part 91: 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 FOM 

attached as confidential. 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 FOM 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, 11213, 

11360 and 11447. 

118702955 v1 
Exhibit 1 

(Confidential)