Chris Herzog

415 East Clairemont Ave

Eau Claire, WI 54701

Tel:					715.450.4990

Email: chris@stokesherzog.com

February 13th, 2015

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 (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, Christopher D. Herzog (“Herzog”), an operator of Unmanned Aircraft 

Systems (“UASs”) for aerial photography for the advertising, motion picture and television industry, 

hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) to allow 

commercial operation of his 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 Herzog’s Flight Operations and 

Procedures Manual (the “FOPM”) (submitted separately under 14 CFR 11.35(b)), Herzog will 

adhere to the terms of the Astraeus Exemption. 

Herzog’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 Herzog’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 system.” Section 333(c) of the 

Reform Act. 

The name and address of the applicant is:

Christopher D. Herzog

Ph: 715-450-4990

Email: chris@stokesherzog.com

Address: 415 East Clairemont Ave, Eau Claire, WI 

54701
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)

The DJI Phantom 3 UAS operated by Herzog will weigh less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbal). The rotorcraft UAV operates at a cruise speed of no more 

than 30 knots, can hover, and can simultaneously move vertically and horizontally. Herzog will only 

operate his UAS in line of sight using a remote control operating in the 5.728 GHz - 5.85 GHz range 

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 Herzog’s UAS and the restricted sterile environment within which they 

will operate, Purwin’s UAS operations adhere to the Reform Act’s safety requirements. 

Additionally, due to the size of the UAS and the limited areas in which it 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, Herzog respectfully requests that the FAA grant the 

requested exemption without delay.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Herzog 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 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 and the Visual Observer.

• 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 on set

(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 an FAA NOTAM no less than 48 hours before each flight. Flights

closer than 5 miles from a towered airport will be required to notify the airport

manager.

• 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.

• 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 and/or text.

• 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, 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 Herzog 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 Herzog 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 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. 
Herzog 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. 

Herzog 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 Herzog's 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:

Herzog 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 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 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 Herzog's

requested exemption, allowing for Herzog'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 

715-450-4990 or at chris@stokesherzog.com. 

Sincerely yours,

Christopher D. Herzog