FlyCine, LLC.

4947 N Central 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 Modernization and Reform Act of 2012 and 14 C.F.R. Part 

11, FlyCine LLC, operations specialists for Unmanned Aircraft Systems (“UASs”) for aerial video and 

photography for the motion picture and television industry along with inspections and surveying, 

submits this exemption petition application. FlyCine, LLC, seeks exemption from the

aforementioned listed Federal Aviation Regulations (“FARS”) to permit the commercial operation of 

its UASs providing that the operations are conducted only according to that which is 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 exemption would allow the operation of DJI Inspire, Aeronavics 

SkyJib 8, and Freefly Alta UAS models, under established preset conditions in the air that are 1) 

narrow in scope, 2) pre-determined, 3) access controlled, and 4) improve upon the safety 

operations that commercial filming currently employs (such as using a manned helicopter for aerial 

footage). Approval of this petition for exemption 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 systems 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) 399-9300
FlyCine, LLC hereby requests an exemption from the following 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 act on Congress’ intentions in passing Section

333(a) - (c) of the Reform Act. The Reform Act instructs the Secretary of Transportation to give

consideration to whether or not particular unmanned aircraft systems can successfully achieve 

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 requirement of Section 332 of the Reform Act. In consideration of the petition, the 

Secretary should consider which UASs are neither a danger to participants of the NAS or the public 

at large nor present the 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 airports 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 operation of such aircraft in the national airspace 

system.” Id. §333(c). FlyCine, LLC believes the provisions found in Section 333 of the Reform Act 

creates an obligation for the FAA to process applications for exemption and, if necessary, for the 

FAA 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 granted in The Federal Aviation 

Act. This statutory authority’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 mandate 

that every civil aircraft be required to possess a valid airworthiness certificate. If the Administrator 

finds the exemption request in the public interest, the Administrator may grant an exemption from 
requirements 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 finds 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 UASs are capable of moving in vertical and horizontal positions at 

the same time. The UASs can hover and are restricted to speeds of no more than 55mph as 

implemented by the duly trained operator. UASs operations will always be conducted within the 

line of sight 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 expresses 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 Congress'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 of the Reform Act in addition to the authority of the Federal Aviation Act. The 

grant is in the best interests of the public because it limits harmful environmental factors and 

enhances the safety of both the public at large and filming industry workers. Applicants hereby 

request their application for exemption be considered and approved as soon as it can be processed.

AIRCRAFT CHARACTERISTICS AND SAFETY LEVEL EQUIVALENTS

The applicant seeks to have this exemption cover only civil aircraft as described within this 

petition and subject to the limitations proposed within this petition or as should be found necessary 

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 unmanned 

UASs can accomplish with the equivalent or better level of safety. FlyCine 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 times 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 without first landing and 

changing the batteries and conducting necessary safety checks.

4. Once the battery is at 25% the operator must begin return to ground 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 Command (PIC) must have at least 5 documented hours operating the 

approved UAS model.

8. The PIC must have the requisite knowledge about the components required 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 airport 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 satisfy 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 allowed into the filming 

perimeter) must attend 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 requested 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 Activities 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 property 

owners.

19. Any necessary required permission and/or permits from territorial, state, county or city 

jurisdictions, local law enforcement, fire department, or appropriate government agencies 

will be obtained accordingly.

20. In the case of emergency, loss of communications or other malfunction, the UASs are preset 

to be able to return to a predetermined 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 Certificates 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 “Airworthiness 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 333 of the Reform Act. The FAA is permitted to exempt aircraft from the airworthiness 

certificate requirement as provided in The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 

333 of the Reform Act. An exemption 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 restrictions, 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 operated within 

the secured zone as provided for in FlyCine’s Flight Operations and Procedures Manual. The petition 

for exemption will only allow for tightly controlled and very closely observed operations as 

described in FlyCine’s FOPM. The FAA will be informed in advance 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 the conduct limitations provided for in this petition that are inapplicable to the latter. 

The UASs safety 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 the UASs is to 

create footage for the filming industry, commercial and movie industry, and inspection industries,

and is not intended in any way for hostile acts. The size, speed, area of operations, absence of 

flammable gasoline or other combustible liquids, and limitations on payloadweight 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 though 

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 impossible. 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 with the 

UAS will see the identification of the UAS as “Experimental.”
14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

FlyCine seeks exemption from 61.113 so that its PIC may hold a sport pilot’s certificate

instead of a commercial pilot’s certificate. FlyCine’s FOPM provides an equivalent level of safety and 

potentially helps exceed current safety levels when compared to manned aerial flights. The 

knowledge FlyCine has about UAS operations is relevant and supplements 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 Airworthiness

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 flight 

safety procedures found in FlyCine’s manual fulfill an equivalent 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 civil 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 placards, 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 ensure 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 FOPM in Section 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 states 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 functional 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 

aircraft 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 Safe Altitudes

Section 91.119 establishes the safe altitudes for operations of civil aircraft. This request for 

exemption asks for the submitted UASs to be permitted to operate at altitudes up to 400 AGL. All 

operations will occur in a pre-secured area where all persons and property present will have given 

their informed consent. The location, size, weight, and speed of the UASs provide for an equivalent 

level of safety. Conventional aircraft flying below 500 AGL present a much greater risk to persons 

and property than small UASs operating at the same altitude. Risks to conventional aircraft that are 

not applicable to UASs include combustible fuel and large payloads. The low altitude will actually 

create an unintended buffer between UASs operating below 400 AGL 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 operations, we request 

filming operations be permitted from much closer distances. This would all take place in accordance 

with pre-flight safety procedures. The operations manual provides that all persons within 100ft 

must give their consent to be present and that such permission may be reduced to 30ft with 

enhanced safety procedures in place in addition to the mandatory safety briefing involving all 

persons including the PIC. Filming with UASs instead of manned helicopters provides an increased 

level of safety 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 may 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 

information to the PIC to effectively monitor safety and the flight path. Methods include GPS 

triangulation, digitally encoded barometric altimeter, radio altimeter or any combination. The GPS 

on the UAS transmits the appropriate data digitally to a ground readout handheld controlled by the 

PIC. The UAS PIC will reset the 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 beyond 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 batteries, an exemption may be needed. Allowing UAS operations until battery life 

has reached 20% of its full strength will ensure an equivalent level of safety compared to 

conventional aircraft operations with 30 minutes extra fuel. The UAS is set to automatically return 

to a pre-determined landing spot in the case of emergency, and this can be accomplished very 

quickly. Conventional aircraft generally have less flexibility for landing than a small lightweight UAS.
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation 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 unless 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 more 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 the 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 conventional aircraft with an airworthiness certificate and are therefore

incompatible with the operations of an UAS. FlyCine’s UAS operators are the best suited people to 

perform maintenance on the UASs. This is because they have specialized knowledge about the 

components that a typical aviation inspector would lack. The size, payload, location restrictions, and 

height limits allow for an equivalent level of safety. Maintenance shall be performed on a daily basis 

as required and a log of all maintenance activities 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 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 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) to 

operate for commercial purposes small unmanned aerial systems (weighing less than 55lbs) for 

aerial filming and photography for short films, motion pictures, commercial filming, inspection, and 

surveying.

Approval for this Section 333 exemption will increase public safety and reduce the risk to on- set

personnel and property. Currently, most aerial filming is done by various filming studios using 

manned airplanes. These airplanes weigh thousands of pounds and require the use of combustible 

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 person 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 

operate in a pre-secured area, therefore, providing an equivalent level of safety. The UASs pose a 

reduced risk to on-set filming crews when compared to conventional 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. Moreover, 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 of on-set safety operations and all relevant 

safety concerns are paramount to their careers. Lastly, both Nathaniel D. Midura and Silas O. Tyler 

are actively earning private pilots certificates. This petition and the attached Flight Operations and 

Procedures Manual reinforce their meticulous approach to safety and their 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 consented.

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

all satisfy Section 333 of the Reform Act. All operations occur within the visual line of sight of the 

operator and pose no threat to national security. 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