FlyCine, LLC.

4947 N C entral Park Ave Chicago, IL 60647

August 12 , 2015

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 CFR Part 21 subpart H, 14 CFR 45.23 (b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a) (2); 14 CFR 91.417 (a) & (b).

Dear Sir or Madam :

In pursuant with Section 333 of the FAA Moder nization and Reform Act of 2012 and 14 C.F.R. Part 11, FlyCine LLC, operations specialist s for Unma nned Aircraft Systems (“UASs”) for aerial video and photography for the motion picture and television industry along with inspections and surve ying

, submits this exemption petition application. FlyCine

, LLC, seeks exemption from the
aforementioned listed Federal Aviation Regulations (“FARS”) to permit the c ommercial operation of

its UASs providing that the operations are conducted only according to that which i s provided in this petition for exemption or as may be currently or in the future required by the FAA as found in Section 333.1, or any other prevailing federal regulations.

As outlined below, our request for exempti on would allow the operation of DJI In spire

, Aero navics SkyJib 8 , and Freefly Alta UAS models, under established preset conditions in t he air that are 1)

narrow in sc ope , 2) pre

- determined

, 3) access controlled

, and 4) improve upon the safety operations that commercial filming currently employ s (such as using a manned helicopter for aerial footage). Approval of this petition for exempti on would improve safety as well as provide an opportunity to the Secretary of Transportation (the FAA Administrator’ s) to accomplish his goal to “...establish requirements for the safe operation of such aircraft s ystems in the national airspace system.” See Section 333(c) of Reform Act.

The name and address of the applicant is:

FyCine, LLC

. Owners and Managers : Nathaniel D. Midura & Silas O. Tyler
4947 N Central Park Ave Chicago, IL 60647 (630) 399

- 9300FlyCine

, LLC hereby requests an exemption from the fo llowing regulations:

 14 CFR Part 21 subpart H

 14 CFR 45.23 (b)

 14 CFR 61.113 (a) & (b )

 14 C.F.R. 91.7 (a)

 14 CFR 91.9 (b) (2)

 14 CFR 91.103

 14 CFR 91.109

 14 C.F. R. 91.119

 14 C.F.R. 91.121

 14 CFR 91.151 (a)

 14 CFR 91.203 (a) & (b)

 14 CFR 91.405 (a)

 14 CFR 91. 407 (a) (1)

 14 CFR 91. 409 (a) (2)

 14 CFR 91. 417 (a) & (b)

FlyCine, LLC exemption application is intended to ac t on Congress’ intentions in passing Section 333(a )

- (c) of the Reform Act. The Reform A ct instructs the Secretary of Trans portation to give
consideration to whether or not particular unmanned aircraft systems can successfully ach ieve sufficient safety measures for inclusion in the national airspace system (NAS). Such an exemption
from the regulations will only serve as a temporary measure in anticipation of the fulfillment of the rulemaking re quirement of Section 332 of the Reform Act. In consideration of the petition

, the Secretary should consider whi ch UASs are neither a danger to participants of the NAS or the public at large n or present th e potential to threaten the national security of the United States. These factors should be considered according to the Reform Act § 333 (a):

• The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airport s and populated areas; and • Operation of the UAS within visual line of sight of the operator.

If the Secretary decides that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operati on of such aircraft in the national airspace system.” Id. §333(c). FlyCine , LLC believes the provisions found in S ection 333 of the R eform Act creates an obligation for the FAA to process applications for exemption and, if necessary, for the

F AA to create standards for safe use if such standards proposed in this petition for exemption fail to meet statutory requirements for approval.

The authority for the FAA to issue such an exemption is expressly grant ed in The Federal Aviation

Act. This statutory author ity’s terms include an exemption for civil aircraft, as defined under § 40101
of the Federal Aviation Act, and includes UASs, with the intent to exempt such from the manda te that every civil aircraft be required to possess a v alid airworthiness certificate. If the Administrator finds the exemption request in the public interest

, the Administrator may grant an exemption fromrequirements of the regulations promulgated under subsections (a) or (b) or sections 44702

- 44716

of this title. 49 U.S.C. §44701(f); See 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

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 fin ds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC
§ 44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

FlyCine ’s UASs are rotorcraft with a combined weight, including any necessary added filming equipment, of 55lbs or less. The UAS s are capable of moving in vertical and h orizontal positions at
the same time. The UASs can hover and are restricted to speeds of no more than 5 5mph as implemented by the duly trained operator. UASs operations will always be conducted within the
line of si ght of the operator and will be limited to the confines of a properly secured area. For
details about what constitutes a properly secured area , please see FlyCine’s Flight Operations and Procedures Manual (FOPM) . This application for exemption strongly exp resses that the structure and operations of these UASs will “ not create a hazard to users of the national airspace system or the public.” Reform Act 333 (b).

It is C ongress's intent that the FAA allow commercial UAS operations to begin immediately through the process of a granted exemption as long as the proposed operations satisfy the proper zone of safety. The limited size, intended cargo (filming equipment) and secure locality ensure there is zero national security threat stemming from granting approval of the operations of these particular UASs. The administrator should grant this application request because it carries out the
intent of Section 333 o f the Reform Act in addition to the authority of the Federal Aviation Act. The grant is in the best inter ests of the public because it limits harmful environmental factors and enhances the safety of both the publi c at large and filming industry workers. Applicants hereby request their application for exemption be consid ered and approved as soon as it can be p rocessed.

AIRCRAFT CHARACTERISTICS AND SAFETY LEVEL EQUIVALENTS

The applicant seeks to have this exemption cover only civil aircraft as described with in this petition and subject to the limitations proposed within this petition or as should be found nec essary by the FAA. Motion picture filming companies already safely operate using combustible manned helicopters or other manned civil aircraft to achieve many tasks that non

- combustible unmann ed UASs can accomplish with the equivalent or better level of sa fety. Fly Cine proposes and agrees to the following limitations and conditions for commercial filming UAS operations conducted under a granted FAA exemption:

1. The total combined weight of the UASs and attached equipment will weigh 55lbs or less.

2. At all time s the pilot will operate the UAS in an unbroken visual line of sight (VLOS).

3. No flight operations will fly for more than 30 consecutive minutes wit hout first landing and changing the batteries and conducting necessary safety checks.

4. Once the battery is at 25% the operator must begin return to grou nd procedures. The UASs

are not permitted to operate below 20% battery.

5. Maximum flight altitude shall not exceed 400 AGL.6. A minimum 2 man crew consisting of the UAS Pilot and Visual Observer is required to

conduct operations.

7. The UASs Pilot in Co mmand (PIC) must have at least 5 documented hours operating the approved UAS model

. 8. The PIC must have the requisite knowledge about the components req uired to build and
maintain the particular type of UASs they are operating

. 9. A PIC will have

, at minimum

, a sport pilot’s certificate

. 10. A PIC will not operate a UAS within 5 miles of the center of an airp ort without permission
from the local FSDO and clearance from the control tower of the airport.

11. The pilot and observer will have

, at minumum

, a valid driver ’ s license to satis f y the medical requirement.

12. UASs will only operate in a properly secured area. FlyCine , LLC pre

- flight safety procedures require a secured perimeter as described in the flight operation and procedures manual.

13. A mandatory briefing that all participating personnel (persons allo wed into the filming perimeter) must att end in order to go over all pre

- flight safety issues and procedures for the day.

14. A FAA Form 7711

- 1, or an equivalent, modified as needed to fit the r equested exemption,
will be filed with the relevant Flight Standards District Office.

15. A UAS may not operate unless persons within 100ft of operations have consented to being
in the secured area, as provided in FlyCine’s pre

- operations safety manual. With certain enhanced safety procedures

, the required radius may be reduced as low as 30ft as described in the manual. No smaller distance radius shall be allowed without the express approval of the relevant FSDO.

16. The relevant FSDO shall receive a written Activ ities Agenda at least 3 days before a proposed filming date.

17. At all operational times

, the pilot and observer will be able to maintain contact through

voice communication.

18. Operations shall not be permitted in areas that do not have the consent of the prop erty

owners. 19. Any necessary required permission and/or permits from territorial, state , county or city jurisdictions, local law enforcement, fire department, or appropriate gover nment agencies
will be obtained accordingly.

20. In the case of emergency, loss of communications or other malfunc tion, the UASs are preset
to be able to return to a pre determined location in a safe manner. The UASs can abort a flight in unexpected situations or other emergencies.14 C.F.R. Part 21, Subpart H: Airworthiness Ce rtificates 14 C.F.R. §91.203 (a) (1)

FAR §91.203 (a) (1) requires the establishment of a process for the granting of airworthiness certificates. The process for obtaining an airworthiness certificate is provided for in 14 C.F.R., Subpart H, titled “ Airwor thiness Certificates ” . The small size of the UASs and limited perimeter of the secured operations area allow for an equivalent level of safety as envisioned in Part 11 and

Section 33 3 of the Reform A ct. The FAA is permitted to exempt aircraft from the airw orthiness certificate require ment as provided in The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section
333 of the Reform Act. An e xemption may be permitted after consideration of the size, weight, speed, operational capability, distance from airports

, and number of persons near areas of operation. A careful consideration of these factors makes it clear that UASs, lacking an airworthiness certificate, but, implementing the proposed conditions and restric tions, can operate just as safe if not safer than conventional aircraft with an airworthiness certificate.

The UASs weigh less than 55 lbs with a full load and cannot carry a pilot or hold any passengers. The UASs do not carry fuel or any other explosive or flammable liquids, and will only be o perated wi thin
the sec ured zone as provided for in FlyCine’s Flight Operations and Procedures Manual . The p etition for exemption will only allow for tightly controlled and very closely observe d operations as
described in FlyCine ’ s FOPM . The FAA will be informed in a dvance of the operations area and all
local laws will be followed and abided by. FlyCine 's UAS operations without an airworthiness
certificate will be safer than conventional aircraft operating with an airworthiness certificate
because of t he conduct limit ations provided for in this petition that are inapplicable to the latter.
The UASs saf ety requirements are similar to requirements used in the production and filming industry for civilian aircraft.

The UASs operations do not pose a threat to the national security of the United States, or any locality found within or without the United States. The purpose of the operations of th e UASs is to create footage for the filming industry, commercial and movie industry

, and inspection industries,
and is not intended in any way for h ostile acts. The size, speed, area of operations, absence of flammable gasoline or other combustible liq uids

, and limitations on payload weight present no
credible threat to the United States.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even tho ugh the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be imp ossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working w ith the UAS will see the identification of the UAS as “Experimental.”14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges an d Limitations: Pilot in Command

FlyCine seeks exemption from 61.113 so tha t it s PIC may hold a sport pilot’s certificate

instea d of a commercial pilot’s certificate

. FlyCine ’ s FOPM provides an equivalent level of safety and potentially helps ex ceed current safety levels when compared to manned aerial flights. The knowledge FlyCine has about UAS operati ons is relevant and supplemen ts the safety awareness the PIC learns from getting a sport pilot’ s certificate. FlyCine provides safety and education through the
use of the FOPM, pre

- flight safety checks

, and proper care for its UASs.

14 C.F.R. §91.7(a ): Civil Aircraft A irworthiness

A grant of exemption from 91.7 is needed because there will be no airworthiness certificate . The airworthy conditions will be determined according to the FlyCine safety manual. The pre fligh t safety procedures found in FlyCine’s manual fulfill an equi valent level of safety. The PIC will be responsible for making sure the aircraft is airworthy before each flight.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civi l aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placar ds, or any combination thereof. The UAS, given its size and configuration

, has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying
the UAS will have immediate access to it.

14 C. F.R. § 91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to e nsure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft

, an exemption
will be needed. The PIC will take all actions as stated in the FO P M in Sec tion 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 st ates that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design

, do not have fully functi onal dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of

air craft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the
aircraft.14 C.F.R. §91.119: Minimum Sa fe A ltitudes

Section 91.119 establishes the safe altitudes for operations of civil aircr aft. This request for exemption asks for the submitted UASs to be permitted to operate at altitudes up to 400 AG L. All operations will occur in a pre

- secured area wher e all persons and property present will have gi ven their informed consent. The location, size, weight

, and speed of the UASs provide for an equivalent
level o f safety. Conventional aircraft flying below 500 AGL present a much greater risk to persons and pr operty than small UASs operating at th e same altitude. Risks to conventional aircraft that are not applicable to UA Ss include combustible fuel and large payloads. The low altitude will actually
create an unintended buffer b etween UASs operating below 400 A GL and conventional aircraft operating above 500 AGL as required by Section 91.119.

Section 91.119(c) provides that no aircraft shall operate within 500 AGL of any “ person, vessel,
vehicle or structure”. Due to the commercial filming nature of the UASs op erations, we request filming operations be permitted from much closer distances. This would all take place in ac cordance with pre

- flight safety procedures. The operations manual provides that all persons within 100ft must give their consent to be present a nd that such permission may be reduced to 30ft with
enhance d safety procedures in place in addition to the mandatory safety briefing involving all persons including the PI C. Filming with UASs instead of manned helicopters provides an increased
level of saf ety to the public and the crew working on the set.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 contains language requiring an aircraft to maintain an altimeter. The UASs do not
have a traditional barometric altimeter and therefore an exemption ma y be needed. The UASs are, however, able to provide an equivalent level of safety through use of GPS altitude equipment . The GPS component attached to the UAS uses a communications telemetry data link to send the AGL
inform ation to the PIC to effectively m onitor safety and the flight path. Methods include GPS triangulatio n, digitally encoded barometric altimeter, radio altimeter or any combination. The GPS on the UAS transmits the appropr iate data digitally to a ground readout handheld controlled by the

PIC . The UAS PIC will reset th e altitude to zero before every launch.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) disallows aircraft from flying during the day without first having at least 30 minutes of fuel bey ond the time to take off and land under normal conditions

, if its during the day
and 45 minutes at night. Since the UASs can only operate for 30

- 45 mins

. total, before landing and replacing their bat teries, an exemption may be needed. Allowing UAS operatio ns until bat tery life
has reached 20% of it s full strength will ensure an equivalent level of safety compared to conventional aircraft operati ons with 30 minutes extra fuel. The UAS is set t o automatically return
to a pre

- determined landing spot in the cas e of emergency

, and this can be accomplished very quickly. Conventional aircraft generally have less flexi bility for landing than a small lightweight UAS.14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regula tion provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. . . . (b) No person may operate a civil aircraft un less the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no mo re than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at th e ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

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

These regulations are for conve ntional aircraft with an airworthiness certificate and are therefore incompatible with the operations of an UAS. FlyCine ’s UAS operator s are the best suited people to perform maintenance on the UASs. This is because they have specialized knowledge about th e components that a typical aviation inspector would lack. The size, payload, location restricti ons , and height limits allow for an equivalent level of safety. Maintenance shall be performed on a daily bas is as required and a log of all maintenance activit ies will be kept.

In accordance with 14 C.F.R. Part 11, the summary below is provided for publication in the Federal Register, should it be determined that publication is warranted:

Applicant seeks an exemption from the following rules:

14 CFR Part 21 s ubpart H

, 14 CFR 45.23 (b) ; 14 CFR 61.113 (a) & (b) ; 14 C.F.R. 91.7 (a) ; 14 CFR 91.9 (b) (2) ; 14 CFR 91.103 ; 14 C.F. R. 91.119 ; 14 C.F.R. 91.121 ; 14 CFR 91.151 (a) ; 14 CFR 91.203 (a) & (b) ; 14 CFR 91.405 (a) ; 14 CFR 91.407 (a) (1) ; 14 CFR 91.409 (a) (2) ; 1 4 CFR 91.417 (a) & (b) to operat e for commercial purposes small unmanned aerial systems (weighing less than 55lbs) for aerial filming and phot ography for short films, motion pictures, commercial filming

, inspection , and

surve ying

.

Approval for this S ectio n 333 exemption will increase public safety and reduce the risk to on

- set personnel and property. Currently, most aerial filming is done by vario us filming studios using
manned airplanes. These airplanes weigh thousands of pounds and require the use o f co mbustible gasoline in order to operate. In comparison, an Unmanned Aerial System can accomplish the same commercial filming operations with an equivalent or better level of safety because it is lightweight, battery operated, and not equipped to carry perso n into the NAS.

The exemption should be granted to allow the commercial operation of FlyCine, LLC’s UASs under

the strict conditions outlined above. The UASs are much slower than conventional aircraft and

operat e in a pre

- secured area, therefore, providin g an equivalent level of safety. The UASs pose a

reduced risk to on

- set filming crews when compared to convention al aircraft near persons and/or

property.In addition, FlyCine, LLC owners and managers ; Nathaniel D. Midura and Silas O. Tyler have more

than ten years of hobbyist R/C UAS builders and pilots. More over , Nathaniel D. Midura and Silas O. Tyler have more than 25 years of combined experience working in the motion picture business in
Grip, Lighting, and Camera departments. Knowledge o f on

- set safety operations and all relevant

s afety concerns are paramount to their career s

. Lastly, bo th Nathaniel D. Midura and Silas O. Tyler are actively earning private pilots certificates. This petition and the attached Flight Operations and

Procedures Manual reinfor ce the ir meticulous approach to safety and the ir deditcation to all aspects of safety improvement

.

Privacy

Permission from property owners will be obtained prior to filming. UAS operations may not proceed unless persons proximate to the filming set have co nsented.

The UASs size, weight, speed, operating capabilities, and proximity to airports and populated areas

all satis f y Section 333 of the Reform Act. All operations occur within the visual line of sight of the
operator and pose no threat to national secu rity. FlyCine

, LLC kindly requests consideration to receive a Section 333 exemption grant to allow the commercial operation of FlyCine

, LLC

.

Sincerely,

Nathaniel D. Midura & Silas O. Tyler