Erik Justen

dba/Enso Film Works

FAA Rulemaking 

Section 333 

Of the 

FAA Reform Act and Part 11 

Prepared by 

Erik Justen 

July 27, 2015 

Erik Justen

434 Bethlehem Rd

Statesville, NC 28677

336-941-0121
July 27,	2015	

U.S.	Department	of	Transportation	

Docket	Management	System	

1200	New	Jersey	Ave,	SE	

Washington,	DC	20590

Attention:	FAA	Administrator	

Re:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	Federal	Aviation	

Regulations	form	14	CFR	Part	21;	14	CFR	45.23(b);	14	CFR	61.113	(a)	&	(b);	14	CFR	91.7	(a);	14	CFR	91.9	

(b) (2);	14	CFR	91.103;	14	CFR	91.109;	14	CFR 91.119;	14	CFR	91.121;	14	CFR	91.151	(a);	14	CFR	91.203

(a) &	(b);	14	CFR	91.215	(a)	&	(b);	14	CFR	91.131	(d);	14	CFR	91.405	(a);	14	CFR	407	(a)	(1);	14	CFR	409

(a) (2);	14	CFR	417	(a)	&	(b)

Dear	Administrator,	

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

CFR	Part	11,	Enso Filmworks,	Inc.	is	the	operator	of	Small	Unmanned	Aircraft	Systems	(sUAS)	equipped	to	

conduct	aerial	photography	and	cinematography	services	hereby	applies	for	an	exemption	from	the	listed	

Federal	Aviation	Regulations	(FARs)	to	allow	commercial	operations	of	its	sUAS	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.		

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

unmanned	and	relatively	inexpensive	sUAS	under	controlled	conditions	in	the	NAS	that	is	both	limited	

and	predetermined.		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	

operations	of	such	aircraft	systems	in	the	national	airspace	system.”	Section	333	(c)	of	the	Reform	Act.		

Regulations	from	which	the	exemption	is	requested:	

14	CFR	Part	21

14	CFR	45.23	(b)

14	CFR	61.113	(a)	&	(b)

14	CFR	91.7	(a)

14	CFR	91.9	(b)	(2)

14	CFR	91.103

14	CFR	91.109

14	CFR	91.119

14	CFR	91.121

14	CFR	91.151	(a)

14	CFR	91.203	(a)	&	(b)

14	CFR	91.215	(a)	& (b)	

14	CFR	91.131	(d)

14	CFR	91	405	(a)

14	CFR	407	(a)	(1)

14	CFR	409	(a)	(2)

14	CFR	417	(a)	&	(b)
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	sUASs	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	sUAS’s	size,	weight,	speed,	and	operational	capability;

• Operation	of	the	sUAS	in	close	proximity	to	airports	and	populated	areas

• Operation	of	the	sUAS	within	visual	line	of	sight	(VLOS)	of	the	Pilot/”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).	

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	sUASs,	from	the	requirement	that	all	civil	aircraft	must	have	a	current	airworthiness	

certificate.	

The	Administrator	may	grant	an	exemption	from	the	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	§44744(a);	49	USC	§44704l	14	

CFR	§91.203	(a)	(1).		

Erik Justen's (Enso Filmworks)	sUASs	are	rotorcraft	weighting	55	or	fewer	lbs.	including	payload.	They	

operate	under	normal	conditions	at	a	speed	of	no	more	that	50	kts	and	have	the	capability	to	hover,	and	

move	in	the	vertical	and	horizontal	plan	simultaneously.	They	will	operate	only	in	line	of	sight	of	the	

Pilot/”Operator”	and	will	operate	with	the	permission	of	the	property	owner	or	a	representative.	Such	

operations	will	insure	that	the	sUAS	will	“not	create	a	hazard	to	users	of	the	national	airspace	system	or	

the	public”	as	per	the	Reform	Act	Section	333	(b).		

Applicant	submits	the	attached	Enso Filmworks	Safety	Policy	and	Enso Filmworks	Operations	Checklist	as	

confidential	documents	under	14	CFR	11.35	(b)	as	these	documents	contain	proprietary	information	that	

the	applicant	has	not	and	will	not	share	with	others.	The	safety	policy	contains	operating	conditions	and	

procedures	that	are	not	available	to	the	public	and	are	protected	from	release	under	the	Freedom	of	

Information	Act	5	USC	552	et.seq.	

Given	the	small	size	of	the	sUASs	involved	and	the	limited	environment	within	which	that	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	sUASs	to	commence	

immediately.	Also	due	to	the	size	of	the	sUASs	and	the	limited	areas	in	which	the	relevant	sUASs	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	with	allowing	sUASs	for	commercial	aerial	videography	and	photography	

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.		
AIRCRAFT	AND	EQUIVALENT	LEVEL	OF	SAFETY

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

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

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

because	the	proposed	operations	are	conducted	on	closed	off	property	under	the	permission	of	the	

property	owner	or	property	representative.	

These	limitations	and	conditions to	which	EideCom	agrees	to	be	bound	when	conducting	commercial	

operations	under	an	FAA	issued	exemption	include:

1. The	sUAS	will	weigh	less	than	55	lbs.

2. Flights	will	be	operated	within	visual	line	of	sight	(VLOS)	of	a	Pilot/”Operator”	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	500	feet	AGL	or,	when	photographing	a

structure	taller	than 500	feet,	the	sUAS	will	not	be	operated	more	than	100’	above	the	highest

point	on	the	structure.

5. Minimum	crew	for	each	operation	will	consist	of	the	sUAS	Pilot/”Operator”,	and	the	Visual

Observer.

6. sUAS	Pilot/”Operator”	will	be	Pilot	in	Command	(PIC).	If	the	Pilot/”Operator”	deems	another

“Pilot/”Operator”	“	to	be	qualified	with	the	necessary	skills	to	be	the	“Pilot/”Operator”,	that

person	can	also	be	designated	as	“Pilot/”Operator”	“	provided	they	have	a	minimum	of	40	hours	of

flight	time	with	the	sUAS.

7. Flights	will	be	operated	at	a	lateral	distance	of	at	lest	50	feet	from	any	inhabited	structures,

buildings,	vehicles,	vessels,	or	people	not	associated	with	the	operation.

8. A	briefing	will	be	conducted	in	regard	to	the	planned	sUAS	operations	prior	to	each	flight	activity.

It	will	be	mandatory	that	all	personnel	involved	with	the	operational	duties	of	the	flight	be	present

for	this	briefing.

9. Pilot/”Operator”	and	observer	will	have	been	trained	in	operation	of	sUAS	generally	and	received

up-to-date	information	on	the	particular	sUAS	to	be	operated.

10. The	“Pilot/”Operator”	“	will	have	at	least	a	class	3	medical	certificate.

11. Observer	and	Pilot/”Operator”	will	at	all	times	be	able	to	communicate	by	voice,	radio,	and/or

text.

12. Written	and/or	oral	permission	from	the	relevant	property	holders	or	property	representatives

will	be	obtained.

13. If	the	sUAS	loses	communications	or	loses	its	GPS	signal,	the	sUAS will	have	the	capability	to

return	to	a	pre-determined	location	and	land	autonomously.

14. The	sUAS	will	have	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles,	weather,	or

emergencies.

14	CFR §91.109: Flight	Instruction

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.	

sUAS	and	remotely	piloted	aircraft,	by	their	design	do	not	have	fully	functional	dual.	Flight	control	is	

accomplished through	the use	of	a	control	box	that	communicates	with	the	aircraft	via	radio	

communication.	The	FAA	has	approved	exemptions	for	flight	training	without	full	functional	dual	

controls	for	a	number	of	aircraft	and	for	flight	instruction	in	experimental	aircraft.	See	Exemption	Nos.	

5778K	&	9862A.	The	equivalent	level	of	safety	is	provided	by	the	fact	the	neither	a	pilot	nor	passengers	

will	be	carried	in	the	aircraft	and	by	the	size	and	speed	of	the	aircraft.	
14	CFR	§91.119: Minimum	Safe	Altitudes

Section	91.119	established	safe	altitudes	for	operation	of	civil	aircraft.	Section	91.119	(d)	allows	that	

helicopter	may	be	operated	at	less	than	the	minimums	prescribed	in	paragraph	(b)	or	(c)	of	this	section,	

provided	each	person	operating	the	helicopter	complies	with	any	routes	or	altitudes	specifically	

prescribed	for	helicopters	by	the	FAA.	As	this	exemption	is	for	a	sUAS	that	is	a	helicopter	and	the	

exemption	requests	authority	to	operate	at	altitudes	up	to	500	feet	AGL,	an	exemption	may	be	needed	to	

allow	such	operations.	As	set	forth	herein,	the	sUAS	will	never	operate	higher	that	500	AGL	with	the	

exception	that	in	circumstances	where	the	sUAS	is	used	to	survey	or	photograph	a	structure whose	

height	exceeds	500	feet	AGL,	the	sUAS	will	not	be	operated	more	than	100	feet	above	the	highest	point	on	

the	structure.	

The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	speed	of	the	sUAS	as	well	as	the	

location	where	it	is	operated.	No	flight	will	be	taken	without	the	permission	of	the	property	owner.	

Because	of	the	advance	notice	to	the	property	owner	and	other	participants	in	the	activity,	all	affected	

individuals	will	be	aware	of	the	planned	flight	operations.	Compared	to	flight	operations	with	aircraft	or	

rotorcraft	weighing	far	more	than	the	maximum	55	lbs.	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	feet	AGL.	In	addition,	the	low-altitude	operations	of	the	sUAS	will	

ensure	separation	between	the	sUAS	operations	and	the	operations	of	conventional	aircraft	that	must	

comply	with	Section	91.119.	

14	CFR	§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	the	sUAS	may	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	

readout,	and	exemption	may	be	needed.	An	equivalent	level	of	safety	will	be	achieved	by	the	

Pilot/”Operator”,	pursuant	to	the	safety	checklist	and	live	flight	data	monitoring,	confirming	the	altitude	

of	the	launch	site	shown	on	the	GPS	altitude	indicator	before	flight.	

14	CFR	§91.151(a):	Fuel	Requirements	for	Flight	in	VFR	Conditions

Sections	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	less	than	30	minutes	of	powered	flight.	To	meet	the	30	minute	

reserve	requirement	in	14	CFR	§91.151,	sUAS	flights	would	be	limited	to	approximately	10	minutes	in	

length.	Given	the	limitations	of	the	sUAS’s	proposed	flight	area	and the	location	of	its	proposed	

operations	within	a	predetermined	area,	a	longer	timeframe	for	flight	in	daylight	or	twilight	CFR	

conditions	is	reasonable.	

Applicant	believes	that	an	exemption	from	14	CFR	§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	sUAS,	in a	limited	area	where	only	people	and	property	owners	or	

representative	with	less	than	30	minutes	of	reserve	fuel,	does not	engender	the	type	of	risk	that	Section	

91.151	(a)	was	intended	to	alleviate	given	the	size	and	speed	of	the	sUAS.	Additionally,	limiting	the	sUAS	

flight	to	10	minutes	would	greatly	reduce	the	utility	for	which	the	exemption	will	be	granted.	
Applicant	believes	that	an	equivalent	level	of	safety	can	be	achieved	by	limiting	flights	to	30	minutes	or	

20%	of	battery	power	– whichever	happens	first.	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,	and	10808.	

14	CFR	§91.203	(a)	and	(b):	Carrying	Civil	Aircraft	Certification	and	Registration

The	regulation	provides	in	the	pertinent	part:	

(a) Except	a	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	sUAS	fully	loaded	weighs	less	that	55	lbs.	and	is	operated	without	an	onboard	pilot.	As	such,	there	is	

no	ability	to	place	to	carry	certification	and	registration	documents	or	to	display	them	on	the	sUAS.	

An	equivalent	level	of	safety	will	be	achieved	by	keeping	these	documents	at	the	ground	control	point	

where	the	Pilot/”Operator”	flying	the	sUAS	will	have	immediate	access	to	the	documents	to	the	extent	

they	are	applicable	to	the	sUAS.	 The	FAA	has	issued	numerous	exemptions	to	this	regulation.	A	

representative	sample	of	other	exceptions	includes	Exemption	Nos.	9565,	9665,	9789,	9789A,	9797	

9797A,	and	10700.	

14	CFR	§91.215	(a)	and	(b);	14	CFR	§91.131	(d);	ATC	transponder	and	altitude	reporting	equipment	and	

use

The	pertinent	section	of	91.215	(a)	&	(b)	requires	the	“(a)	All	airspace:	U.S.-registered	civil	aircraft. For	

operations	not	conducted	under	part	121	or	135	of	this	chapter,	ATC	transponder	equipment	installed.	.	.

(b) All	airspace.	Unless	otherwise	authorized	or	directed	by	ATC,	no	person	may	operate	an	aircraft	in	the

airspace	described	in	paragraphs	(b)(1)	through	(b)(5)	of	this	section,	unless	that	aircraft	is	equipped

with	an	operable	coded	radar	beacon	transponder”.	.	.

This	requirement	applies

(1) All	aircraft.	In	Class	A,	Class	B,	and	Class	C	airspace	areas;

(2) All	aircraft.	In	all	airspace	within	30	nautical	miles	of	an	airport	listed	in	appendix	D,	section	1	of	this

part	from	the	surface	upward	to	10,000	feet	MSL;

Likewise,	the	pertinent	section	of	91.131	(d);	Operating	Rule	in	Class	B	Airspace

(d) other	equipment	requirements.

“No	person	may	operate	an	aircraft	in	a	Class	B	airspace	area	unless	the	aircraft	is	equipped	with

(1) The	applicable	operating	transponder	and	automatic	altitude	reporting	equipment	specified	in

§91.215	(a)	.	.	.	and

(2) After	January	1,	2020	,	the	applicable	Automatic	Dependent	Surveillance-Broadcast	Out	equipment

specified	in	§91.225.”
Because	of	the	small	size	and	limited	lifting	capacity	of	the	sUAS,	the	sUAS	cannot	be	fitted	with	and	

operate	a	transponder	and	automatic	altitude	reporting	equipment	specified	in	paragraph	of	91.215	(a)	

and	(b)	and	91.131	(d).	An	exemption	from	these	requirements	is	requested.	The	equivalent	level	of	

safety	can	be	assured	using	the	procedures	defined	for	each	class	of	airspace.	

Within	the	surface	areas	of	Class	“B”,	Class	“C”,	Class	“D”	airspace

Within	the	lateral	boundaries	of	the	airspace,	the	Pilot/”Operator”	“	will	establish	2	way	communications	

with	the	ATC	facility	having	jurisdiction	for	that	area.	The	Pilot/”Operator”	will	provide	the	location	

(heading	and	distance)	relative	to	the	center	of	the	airspace	and	request	clearance	to	“Maneuver”	above	

that	location	at	or	below	500	feet	AGL.	The	Pilot/”Operator”	will	be	responsible	for	“see	and	avoid”	traffic	

conflicts.	The	Pilot/”Operator”	will	at	all	times	yield	right	of	way	to	ANY	and	ALL	manned	flight	

operations.	All	operations	within	2	miles	of	the	primary	airport	will	be	pre-arranged	with	that	controlling	

facility.	Any	and	all	restrictions	placed	on	the	operations	will	be	complied	with	so	that	all	manned	

operations	can	be	conducted	without	negatively	impacting	flight	safety.		

14	CFR	§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	the	applicant.	Maintenance	will	be	accomplished	by	the	Pilot/”Operator”	

pursuant	to	the	flight	manual	and	operating	and	handbook.	An	equivalent	level	of	safety	will	be	achieved	

because	these	small	sUASs	are	very	limited	in	size	and	will	carry	small	payload	and	operate	only	in	

limited	areas	for	short	periods	of	time.	If	mechanical	issues	arise	the	sUAS	and	land	immediately	and	will	

be	operating	from	no	higher	than	500	feet	AGL.	The	Pilot/”Operator”	will	ensure	that	the	sUAS	is	in	

working	order	prior	to	initiating	flight,	perform	required	maintenance,	and	keep	a	log	of	any	maintenance	

performed.	Moreover,	the	Pilot/”Operator”	is	the	person	most	familiar	with	the	aircraft	and	is	best	suited	

to	maintain	the	aircraft	in	an	airworthy	condition	to	provide	the	equivalent	level	of	safety.	An	equivalent	

level	of	safety	will	be	achieved	because	maintenance	and	inspections	will	be	performed	and	accordance	

with	the	sUAS	manufacturer’s	manual,	as	referenced	in	the	Aircraft	Operations	Manual.	As	provided	in	

the	Operations	Manual,	the	Pilot/”Operator”	will	ensure	that	the	sUAS	is	in	working	order	prior	to	

initiating	flight	and	perform	required	maintenance	needed.		
Summary	

Pursuant	to	14	CFR	Part	11,	the	following	summary	is	provided	for	publication	in	the	Federal	Register,	

should	it	be	determined	that	publication	is	needed:	

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	CFR	91.7	(a);	14	CFR	91.9	(b)	(2);	14	CFR	91.103;	14	CFR	91.109;	14	CFR	

91.119;	14	CFR	91.121;	14	CFR	91.151	(a);	14	CFR	91.203	(a)	&	(b);	14	CFR	91.215	(a)	&	(b);	14	CFR	

91.131	(d);	14	CFR	91.405	(a);	14	CFR	407	(a)	(1);	14	CFR	409	(a)	(2);	14	CFR	417	(a)	& (b)	to	

commercially	operate	a	small	unmanned	vehicle	(55	lbs.	or	less)	equipped	to	conduct	aerial	photography	

and	cinematography	services.		

Approval	of	exemptions	allowing	commercial	operations	of	sUAs	to	conduct	aerial	photography	and	

cinematography	services	will	enhance	safety	by	reducing	risk.	Conventional	photography	operations,	

using	jet	or	piston	powered	aircraft,	at	extremely	low	altitudes,	often	very	close	to	the	subject	being	

filmed	and	in	close	proximity	to	people	and	structures;	and	present	the	risks	associated	with	vehicles	that	

exceed	3,000	lbs.,	carrying	large	amounts	of	jet	A	or	other	fuel.	In	contrast,	a	sUAS	weighing	fewer	than	

55	lbs.	and	powered	by	batteries	eliminates	virtually	all	of	the	risk	given	the	reduced	mass	and	lack	of	

combustible	fuel	carried	on	board.	The	sUAS	is	carried	to	the	location.	The	sUAS	will	carry	no	passengers	

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

The	operation	of	small	sUASs,	weighing	less	than	55	lbs.,	conducted	in	the	conditions	outlined	above,	will	

provide	an	equivalent	level	of	safety	supporting	the	granting	of	the	exemptions	requested	herein,	

including	exempting	the	applicant	from	the	requirements	of	Part	21	and	allowing	commercial	operations.	

These	lightweight	aircraft	operate	at	slow	speeds,	close	to	the	ground	but	under	500	feet	AGL,	and	within	

the	limited	area	and,	as	a	result,	are	far	safer	than	conventional	flight	operations	conducted	with	turbine	

helicopters	operating	in	close	proximity	to	the	ground	and	people.	

Privacy

All	flights	will	occur	over	private	or	controlled	access	property	with	the	property	representative	or	

owner’s	prior	consent	and	knowledge.	Filming	will	be	of	people	who	have	also	consented	to	being	filmed	

or	otherwise	have	agreed	to	be	in	the	area	where	filming	will	take	place.		

All	flights	will	occur	in	accordance	with	any	state	or	local	laws	regarding	privacy.	

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	operations	within	visual	line	of	

sight	(VLOS)	and	national	security	–	provide	more	than	adequate	justification	for	the	granting	of	the	

requested	exemptions	allowing	commercial	operation	of	applicants	sUAS	in	the	aerial	photography	and	

cinematography	services	industry.		

Sincerely,	

Erik Justen 

Enso Filmworks

Erik Justen