December 11, 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 

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, Icarus Video Productions LLC (hereinafter referred to as Icarus Video), a video 

and film production company, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its UASs, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333.

This petition for exemption does not set precedent. This petition is based upon the previously 

approved exemption request #13849 (OC Films).

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive UASs under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already 

safe operations in the film and television industry presently using conventional aircraft. 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 operator is: 

Icarus Video Productions LLC 

Attn: John Lindh

18011 Harvard Ct.

Sonoma, CA 95476

Phone: 936 499-3492

Email: jmlindh@mac.com
Public interest:

Approval of this petition would be in the public interest due to the enhanced safety inherent in the 

operation of small UASs, reduction in environmental impacts, including reduced emissions associated 

with allowing UASs for video operations. Significant economic benefits will be realized to the local 

economy when the UAS is utilized for real estate advertising.

Regulations from which the exemption is requested:

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

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

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

Equivalent level of safety:

This exemption application is expressly submitted to fulfill 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

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

Reform Act § 333 (a). Lastly, 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. 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of 

the Act that includes UASs, from the requirement that all civil aircraft must have a current 

airworthiness certificate. 

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.
Icarus Video's UASs are rotorcraft, weighting 55 or fewer lbs. including payload. They operate, 

under normal conditions at a speed of no more than 50 knots and have the capability to hover, and 

move in the vertical and horizontal plane simultaneously. They will operate only in line of sight. 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 the UASs involved and the restricted sterile environment within which 

they will operate, 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. Also due to the size of the UASs and the restricted areas in which the 

relevant UASs will operate, approval of the application presents no national security issue. 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 UASs for movie and television operations, the grant of the 

requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that 

the FAA grant the requested exemption without delay. 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least 

an equivalent or even higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the already safe movie and 

television filming operations, real estate, aerial and agricultural inspection, and search and rescue 

conducted with conventional aircraft. 

These limitations and conditions to which Icarus Video agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The UAS will weigh less than 55lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 20% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet.

5. Minimum crew for each operation will consist of UAS Pilot and a Visual Observer.

6. Observer and Pilot will at all times be able to communicate by voice.

7. Written and/or oral permission from the relevant property holders will be obtained.

8. 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.

9. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return 

to a pre-determined location within the Security Perimeter and land.

10. The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.
Proposed operations:

Icarus Video aircraft will be used for real estate video and photography, aerial and agricultural 

inspection, search and rescue and flight instruction.

Aircraft for proposed operations:

Icarus Video will utilize DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 aircraft.

Sincerely,

John M. Lindh

Owner

Icarus Video