United States of America

Department of Transportation

Federal Aviation Administrator

Washington, DC 

Regulatory Docket No:_________________________________

Petition For Exemption of Title 14 of the Code of Federal Regulations, sections:

21 Subpart H, 45.23(b), 61.113 (a) & (b), 91.7(a), 91.9(b), 91.103(b)(2), 91.105, 91.109, 91.119, 

91.121, 91.151(a), 91.203(a) & (b), 91.405, 91.407, 91.409, 91.417 (a) & (b), pursuant to Section 333 

of the FAA Reform Act.

December 18, 2014

Domingo DeGrazia

DeGrazia Music LLC

120 S. Houghton Rd, Suite 138-113

Tucson, AZ 85748

Tel: 520-370-1150

1 of 19
Table of Contents

Introduction And Overview........................................................................................................................3

Applicant Name, Address And Contact Information.................................................................................4

Specific Sections From Which an Exemption is Sought............................................................................5

14 C.F.R. Part 21 Subpart H: Airworthiness Certificates .....................................................................5

14 C.F.R. § 45.23(b) Marking of the Aircraft........................................................................................6

14 C.F.R. § 61.113 Private pilot privileges and limitations: Pilot in command...................................6

14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness...................................................................................7

14 C.F.R. § 91.9 (b)(2) Civil Aircraft Flight Manual in the Aircraft....................................................8

14 C.F.R. § 91.103(b) Pre-flight Action...............................................................................................8

14 C.F.R. § 91.105 Flight Crewmembers at Stations...........................................................................9

14 C.F.R. § 91.119 Minimum Safe Altitudes.....................................................................................10

14 C.F.R. § 91.121 Altimeter Settings ...............................................................................................11

14 C.F.R. § 91.151(a) Fuel Requirements for Flight in VFR Conditions...........................................12

14 C.F.R. § 91.203 Civil Aircraft: Certifications Required.................................................................12

14 C.F.R. § 91.405 Maintenance required..........................................................................................13

14 C.F.R. § 91.407 Operation after Maintenance, Preventive Maintenance, Rebuilding, Alteration. 14

14 C.F.R. § 91.409 Inspections...........................................................................................................15

14 C.F.R. § 91.417 Maintenance records...........................................................................................16

Why Granting the Exemptions Would be in the Public Interest:.............................................................18

Why Granting the Exemptions Would Provide an Equivalent Level of Safety to Current Rules: ..........18

A Summary That Can Be Published In The Federal Register: ................................................................19

2 of 19
Introduction And Overview

Pursuant to Section 333 of the Federal Aviation Administration Modernization and Reform Act 

of 2012, (Reform Act), and 14 C.F.R. §11.61(b), DeGrazia Music LLC., hereby petitions for 

exemptions from 14 C.F.R §§ 21 Subpart H, 45.23(b), 61.113 (a) & (b), 91.7(a), 91.9(b), 91.103(b)(2), 

91.105, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & (b), 91.405, 91.407, 91.409, 91.417 (a) & (b), 

of the Federal Aviation Regulations (FARs).

Domingo DeGrazia works with film and television companies as a sound engineer for on-set 

recording and as a music composer of post-production music. He is a private pilot with a helicopter 

rating, has a bachelor's degree in Aerospace, and a Master's degree in Aeronautical Science.

This petition is submitted as a request to allow DeGrazia Music LLC to commercially operate 

small Unmanned Aircraft Systems (UAS), in accordance with petitioner's Motion Picture and 

Television Operational Handbook and Company Operational Handbook, and Aircraft Operational 

Handbook, and those conditions that may be established by the FAA as required by Section 333. In 

brief, the requested exemptions would permit the operation of UAS that are less than 55 lbs: 

1) by an FAA licensed pilot;

2) at less than 400 feet of altitude above ground level (AGL);

3) in an area that is limited and predetermined;

4) where public access to such area is controlled;

5) where operational intentions are communicated to the local FSDO;

6) in accordance with any other rules set forth by the FAA.

Approval of the requested exemptions will create a structure within which the DeGrazia Music 

LLC., can mitigate or eliminate potential hazards to the public during UAS filming operations. 

Approval of these exemptions would create no safety concerns regarding the National Airspace System 

and will fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to " ... 

3 of 19
establish requirements for the safe operation of such aircraft systems in the national airspace system."

Section 333(c) of the Reform Act.

Applicant Name, Address And Contact Information

Pursuant to 14 C.F.R. §11.81(a) the name and address of the applicant is:

Domingo DeGrazia

DeGrazia Music LLC

120 S. Houghton Rd., 138-113

Tucson, AZ 85748

520-370-1150

Email: contact@degraziamusic.com

4 of 19
Specific Sections From Which an Exemption is Sought

14 C.F.R. Part 21 Subpart H: Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

for the issuance of airworthiness certificates as required by FAR § 91.203 (a)(1). 

Basis for Request for Exemption

Petitioner requests exemption from the requirements for an airworthiness certificate, pursuant to

49 U.S. Code § 44701(f) and Section 333 of the Reform Act. While the UASs here are manufactured 

without an airworthiness certificate and there are no mechanics to certify these aircraft, an equivalent 

level of flight safety is attained by special pilot training, ground based security procedures, redundant 

safety procedures as well as safety features programmed into the UAS to guard against lost or degraded

communications, lost satellite reception, geomagnetic interference. The UASs to be operated are less 

than fifty-five (55) lbs. fully loaded, fly at a speed of no more than forty (40) knots, fly at altitudes of 

less than four-hundred (400) feet above ground level (AGL), have a total flight time of no more than 

forty (40) minutes, and are controlled by a licensed pilot that will maintain continuous line of sight 

(CLOS) of the UAS, pursuant to the Aircraft Operational Handbook (AOH). Further, the UASs carry 

neither pilot nor passengers, carry no flammable liquid or explosive materials, and operate in an area 

that is secured to prevent public entry as described in the Motion Picture and Television Operations 

Manual and Company Operations Manual (MPTOH COH) and Aircraft Operational Handbook. 

The Federal Aviation Act § 49 U.S.C.§44701 (f) and Section 333 authorize the FAA to exempt 

aircraft, upon consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas. Application of that criteria to the proposed UASs operations and procedures in the

MPTOH COH and AOH demonstrate that the UAS can be operated in a manner that is at least as safe 

or safer than conventional aircraft with airworthiness certificates. Additionally, there is no threat to 

National Airspace System (NAS) or national security as the MPTOH COH and AOH clearly define 

5 of 19
limits that the aircraft cannot be operated within four (4) miles of any airport, and notice will be given 

to the local Flight Service District Office (FSDO) prior flight operations.

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

(a) Each operator of an aircraft must display on that aircraft marks consisting of the

Roman capital letter “N” (denoting United States registration) followed by the

registration number of the aircraft. Each suffix letter used in the marks displayed must

also be a Roman capital letter.

(b) 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.

Basis For Request for Exemption

An exemption is requested, or in the alternative, a finding that § 45.23(b) does not apply as the 

UASs hereunder will not be issued experimental certificates. The UAS here has no cabin, nor entrance 

to the cabin, and no cockpit or pilot station on which the word “experimental” could be placed. 

Further, due to the small size of the UAS, two-inch lettering will wrap around the fuselage making the 

lettering unreadable and frustrating the purpose of the rule. An equivalent level of safety is achieved by

placing the word "Experimental" on the fuselage in compliance with §45.29(f) in a manner which is 

readable by the pilot and ground crew during pre-flight inspection. Similarly, the word "Experimental" 

is prominent in the AOH.

14 C.F.R. § 61.113 Private pilot privileges and limitations: Pilot in command

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds

a private pilot certificate may act as pilot in command of an aircraft that is carrying

passengers or property for compensation or hire; nor may that person, for compensation

or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft

in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

6 of 19
Basis For Request for Exemption

Petitioner requests an exemption from the limitations of § 61.113 as an equivalent level of 

safety can achieved through specialized flight experience in piloting UAS, specialized knowledge of 

cinematic operations with UAS, and the operational guidelines in the AOH and MPTOH COH designed

for closed-set filming with UASs. The training and knowledge required for Commercial pilots of 

conventional aircraft would not necessary make a Commercial pilot safe to operate a UAS. Further the 

MPTOH COH limits operations to pilots with a minimum of three-hundred (300) hours logged flight 

time in conventional aircraft in addition to time required piloting UASs, and a minimum of a Private 

Pilot certificate and Class three medical.

In addition, safety for the public, pilot, and crew is achieved through the design limits of the 

aircraft and petitioner's adherence to the AOH and MPTOH COH. Here, the risk to the public is 

mitigated because the small size of the UAS prevents carrying pilot or passengers or any cargo other 

than a camera. As Pilot In Command (PIC), Visual Observer (VO) and crew will always remain on the 

ground, the level of safety is thereby greater than what can be achieved in traditional aircraft. 

Additionally, the AOH and MPTOH COH prescribe further safeguards through advanced flight 

planning and operations in a controlled environment. Granting exemption here will permit UAS 

operation will mitigate potential hazards to the public without being unduly burdensome to the 

operation of the UAS. As such, petitioner seeks exemption from 14 C.F.R. § 61.113 to allow 

commercial operation of UASs. 

14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness

§ 91.7 Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that 

aircraft is in condition for safe flight. The pilot in command shall discontinue the flight 

when unairworthy mechanical, electrical, or structural conditions occur.

7 of 19
Basis For Request for Exemption

Petitioner seeks exemption to the extent this rule requires an airworthiness certificate. As no 

such certificates exist for UASs. An equivalent level of safety will be achieved as the PIC of the UAS 

will ensure the airworthiness of the UAS through use of the procedures prescribed in the AOH for preflight inspection, review of logs, and test flights. 

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

§ 91.9 Civil aircraft flight manual, marking, and placard requirements.

(a) Except as provided in paragraph (d) of this section, no person may operate a civil 

aircraft without complying with the operating limitations specified in the approved 

Airplane or Rotor craft Flight Manual, markings, and placards, or as otherwise 

prescribed by the certificating authority of the country of registry.

(b) No person may operate a U.S.-registered civil aircraft—

(1) For which an Airplane or Rotor craft Flight Manual is required by § 21.5 of this 

chapter unless there is available in the aircraft a current, approved Airplane or Rotor 

craft Flight Manual or the manual provided for in § 121.141(b); and

(2) For which an Airplane or Rotor craft Flight Manual is not required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or Rotor 

craft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.

Basis For Request for Exemption

Petitioner seeks exemption because there is no approved Flight Manual for the proposed UAS. 

An equivalent level of safety can be achieved through adherence to petitioner's AOH and MPTOH 

COH which includes aircraft specifications, aircraft operational limitations, an operations check-list, 

and updated information equivalent to placards. The pilot in command will keep the AOH and 

MPTOH COH on site during flight operations.

14 C.F.R. § 91.103(b) Pre-flight Action

§ 91.103 Pre-flight action.

Each pilot in command shall, before beginning a flight, become familiar with all 

available information concerning that flight. This information must include—

(a) (Omitted by Petitioner as it applies to IFR flight)

8 of 19
(b) For any flight, runway lengths at airports of intended use, and the following takeoff 

and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotor craft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing distance 

data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under

(3) expected values of airport elevation and runway slope, aircraft gross weight, and 

wind and temperature.

Basis For Request for Exemption

Petitioner seeks exemption to the extent the rule requires the PIC to have runway data because 

the proposed UAS are Vertical Take-off and Landing (VTOL) and will not be operated within four (4) 

miles of any public airport. An equivalent level of safety and public benefit is achieved by the 

comprehensive flight planning and communications with FSDOs as required in the AOH and MPTOH 

COH.

 14 C.F.R. § 91.105 Flight Crewmembers at Stations

(a) During takeoff and landing, and while en route, each required flight crewmember shall—

(1) Be at the crewmember station unless the absence is necessary to perform duties in 

connection with the operation of the aircraft or in connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during takeoff and 

landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This 

paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder harness 

fastened.

Basis For Request for Exemption

Petitioner seeks exemption as the UAS have no ability to carry pilot or crew, and thereby have 

no seats, seat belts, or crew stations. An equivalent level of safety can be achieved by the pilot always 

having positive control of the remote control and maintaining VLOS with the UAS at all times. 

9 of 19
Should the pilot become physiologically unable to continue as PIC, the UAS has a “Return Home and 

Land” override function as well as other actions more fully described in the AOH and MPTOH COH.

14 C.F.R. § 91.119 Minimum Safe Altitudes

§ 91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below

the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without

undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over

any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle

within a horizontal radius of 2,000 feet of the aircraft.

(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.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the

operation is conducted without hazard to persons or property on the surface—

(1) A 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; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the

minimums prescribed in paragraph (c) of this section.

Basis For Request for Exemption

Petitioner seeks exemption here because flight operations will always be below four-hundred 

(400) feet AGL. An equivalent level of safety will be achieved through pre-flight planning, 

communication with the local FSDO, securing the flight area to prevent the public from entering, 

briefing all crew on emergency procedures, and ensuring operation of aircraft safety systems. 

Protections equivalent to minimum safe altitudes are created because, in the event of low-battery 

power, loss of communication or interference with communication between the remote control and the 

aircraft, on-board safety programs will automatically land the UAS at a predetermined safe area. 

Similarly, the operational environment will be controlled to keep out the public. 

10 of 19
Normal operations will be less than 400 feet AGL and risk to the public and / or private property

significantly reduced compared to film operations with traditional aircraft or helicopters. For example, 

a Bell 206 Helicopter has an approximate rotor diameter of thirty-three (33) feet and a gross weight of 

approximately three-thousand (3,000) pounds. The UASs proposed here have a total rotor area of less 

than two (2) feet and weight less than seven (7) pounds. As such the risk to persons and property is 

drastically reduced. Further, the UASs will not carry fuel, flammable material, or hazardous cargo that 

would pose a hazard to persons on the ground. 

14 C.F.R. § 91.121 Altimeter Settings 

§ 91.121 Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(I) The current reported altimeter setting of a station along the route and within 100

nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section,

the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure

airport or an appropriate altimeter setting available before departure; or

(2) At or above 18,000 feet MSL, to 29.92′′ Hg.

(b) The lowest usable flight level is determined by the atmospheric pressure in the area of

operation as shown in the following table: (additional Tables Omitted)

Basis For Request for Exemption

An exemption is sought as the UAS proposed are manufactured without an altimeter or twoway communications radio. An equivalent level of safety is achieved through on-board systems and 

GPS sensors which couple with a geomagnetic compass to act as a barometric altimeter for stability 

and accuracy of flight. Information about the height of the UAS above ground level is displayed to the

Pilot in Command at all times. An additional element of safety is achieved through the AOH 

11 of 19
requirement that the pilot verify altimeter ready of zero (0) feet prior to each take-off, and that the PIC 

maintain VLOS at all times. 

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

§ 91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin 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.

(b) No person may begin a flight in a rotor craft 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, to fly after that for at

least 20 minutes.

Basis For Request for Exemption

An exemption is requested as the normal UAS flight duration will be less than 30 minutes. An 

equivalent level of safety is achieved by implementation of a minimum battery life requirement rather 

than minimum fuel requirement. The AOH provides that the flight will be terminated before the battery

reaches a minimum of 25%. An equivalent level of safety can be achieved as to the reserve battery 

power requirements proposed are comparable to the reserve fuel requirements in § 91.151. 

14 C.F.R. § 91.203 Civil Aircraft: Certifications Required

(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. Each U.S. airworthiness

certificate used to comply with this sub paragraph (except a special flight permit, a copy

of the applicable operations specifications issued under § 21.197(c) of this chapter,

appropriate sections of the air carrier manual required by parts 121 and 135 of this

chapter containing that portion of the operations specifications issued under § 21.197(c),

or an authorization under § 91.611) must have on it the registration number assigned to

the aircraft under part 47 of this chapter. However, the airworthiness certificate need not

have on it an assigned special identification number before 10 days after that number is

first affixed to the aircraft. A revised airworthiness certificate having on it an assigned

special identification number, that has been affixed to an aircraft, may only be obtained

12 of 19
upon application to an FAA Flight Standards district office.

(2) An effective U.S. registration certificate issued to its owner or, for operation within

the United States, the second copy of the Aircraft registration Application as provided for

in § 47.31(c), or a registration certification issued under the laws of a foreign country.

(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.

(c) No person may operate an aircraft with a fuel tank installed within the passenger

compartment or a baggage compartment unless the installation was accomplished

pursuant to part 43 of this chapter, and a copy of FAA Form 337 authorizing that

installation is on board the aircraft.

(d) No person may operate a civil airplane (domestic or foreign) into or out of an airport

in the United States unless it complies with the fuel venting and exhaust emissions

requirements of part 34 of this chapter.

Basis For Request for Exemption

An exemption is requested as the Pilot in Command of the UAS will have an AOH and MPTOH

COH which include all documentation, safety information, and warnings required for safe operation of 

the UAS. The UAS proposed to be operated here are manufactured without the capacity to carry 

documents, are sold without Airworthiness Certificates, do not have cabin doors nor sufficient space to 

apply placards and do not contain or carry fuel. As the UAS are always within sight of the PIC, an 

equivalent level of safety can be achieved by the PIC having the AOH and MPTOH COH during flight 

operations and communicating pertinent information to crew.

14 C.F.R. § 91.405 Maintenance required

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in sub part 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;

(b) Shall ensure that maintenance personnel make appropriate entries in the aircraft

maintenance records indicating the aircraft has been approved for return to service;

(c) Shall have any inoperative instrument or item of equipment, permitted to be

inoperative by §91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the

next required inspection; and

13 of 19
(d) When listed discrepancies include inoperative instruments or equipment, shall

ensure that a placard has been installed as required by § 43.11 of this chapter.

 Basis For Request for Exemption

An exemption is requested as the UAS does not have specific maintenance instructions. 

Therefore the AOH and MPTOH COH developed by petitioner contain instructions for maintenance 

and repair as needed. Petitioner will be responsible for inspection after maintenance, overhaul, or 

replacement, and monitoring for life limit requirements of actuators or servos, motors, propellers, 

electronic speed controller and flight control unit, batteries, remote control and any other components 

as determined by the petitioner. 

The PIC will be responsible for inspecting the UAS prior to each flight and determining fitness 

for flight after maintenance. An equivalent level of safety to § 91.405 will be achieved by thorough 

pre-flight inspections and records of all maintenance or repairs being kept in the UAS log book. 

Because the petitioner is the person most familiar with the aircraft and best suited to maintain the 

aircraft, an equivalent level of safety will be maintained and the UAS kept in an airworthy condition. 

14 C.F.R. § 91.407 Operation after Maintenance, Preventive Maintenance, Rebuilding, Alteration

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under §43.7 of this

chapter; and

(2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this

chapter has been made.

(b) No person may carry any person (other than crew-members) in an aircraft that has

been maintained, rebuilt, or altered in a manner that may have appreciably changed its

flight characteristics or substantially affected its operation in flight until an appropriately

rated pilot with at least a private pilot certificate flies the aircraft, makes an operational

check of the maintenance performed or alteration made, and logs the flight in the aircraft

records.

(c) The aircraft does not have to be flown as required by paragraph (b) of this section if,

prior to flight, ground tests, inspection, or both show conclusively that the maintenance,

14 of 19
preventive maintenance, rebuilding, or alteration has not appreciably changed the flight

characteristics or substantially affected the flight operation of the aircraft.

Basis For Request for Exemption

Petitioner is seeking exemption from § 91.407 as there are currently no persons authorized 

under § 47.7 to service the UAS. As with the request for exemption under § 91.405, an equivalent level

of safety will be achieved by thorough pre-flight inspections and records of all maintenance or repairs 

being kept in the UAS log book. Further, Petitioner is the person most familiar with the aircraft and 

best suited to maintain the aircraft and perform post-maintenance, pre-flight inspections and ground 

tests to confirm that the flight characteristics of the UAS have not been substantially effected after 

maintenance.

 14 C.F.R. § 91.409 Inspections

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft

unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been

approved for return to service by a person authorized by §43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part

21 of this chapter.

No inspection performed under paragraph (b) of this section may be substituted for any

inspection required by this paragraph unless it is performed by a person authorized to

perform annual inspections and is entered as an “annual” inspection in the required

maintenance records.

(b) Except as provided in paragraph (c) of this section, no person may operate an aircraft

carrying any person (other than a crewmember) for hire, and no person may give flight

instruction for hire in an aircraft which that person provides, unless within the preceding

100 hours of time in service the aircraft has received an annual or 100-hour inspection

and been approved for return to service in accordance with part 43 of this chapter or has

received an inspection for the issuance of an airworthiness certificate in accordance with

part 21 of this chapter. The 100-hour limitation may be exceeded by not more than 10

hours while en route to reach a place where the inspection can be done. The excess time

used to reach a place where the inspection can be done must be included in computing the

next 100 hours of time in service.

(c) Paragraphs (a) and (b) of this section do not apply to—

(1) An aircraft that carries a special flight permit, a current experimental certificate, or a

15 of 19
light-sport or provisional airworthiness certificate;

(2) An aircraft inspected in accordance with an approved aircraft inspection program

under part 125 or 135 of this chapter and so identified by the registration number in the

operations specifications of the certificate holder having the approved inspection

program;

Basis For Request for Exemption

Petitioner is seeking exemption from § 91.409 for reasons similar to those articulated in the 

requests for exemption from § 91.407 and § 91.405 above. There are currently no persons authorized 

under § 47.7 to service or inspect UA, but an an equivalent level of safety will be achieved by 

petitioner making thorough pre-flight inspections and keeping detailed records of all maintenance or 

repairs. As above, post-maintenance pre-flight inspections and ground tests will be conducted to 

confirm that the flight characteristics of the UAS have not been substantially effected.

 14 C.F.R. § 91.417 Maintenance records

(a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner 

or operator shall keep the following records for the periods specified in paragraph (b) of this 

section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; 

and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to 

service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained.

16 of 19
(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and revision 

date. If the AD or safety directive involves recurring action, the time and date when the next 

action is required.

(vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to service.

(c) The owner or operator shall make all maintenance records required to be kept by this section

available for inspection by the Administrator or any authorized representative of the National 

Transportation Safety Board (NTSB). In addition, the owner or operator shall present Form 337 

described in paragraph (d) of this section for inspection upon request of any law enforcement 

officer.

(d) When a fuel tank is installed within the passenger compartment or a baggage compartment 

pursuant to part 43 of this chapter, a copy of FAA Form 337 shall be kept on board the modified

aircraft by the owner or operator.

Basis For Request for Exemption

Petitioner is seeking exemption from § 91.417 to the extent the rule requires a certificated 

person to perform work under § 91.417(a)(1)(iii), compliance with Airworthiness Directives under subsection (a)(1)(v), and / or copies of alteration forms under (a)(1)(vi). An equivalent level of safety will 

be achieved by petitioner keeping maintenance logs and documentation in the Aircraft Operational 

Handbook.

17 of 19
Why Granting the Exemptions Would be in the Public Interest:

Generally, aviation activity is in the public interest when it is regulated, predictable and has a 

material positive impact on society. The exemptions requested here would allow for aerial 

cinematography pursuant to existing FAA regulations, as well as petitioner's Motion Picture and 

Television Operations Handbook, and Aircraft and Company Operations handbooks. The rules, 

procedures and processes contained therein create a safe and highly predictable process by which aerial

cinematography may take place. Granting the requested exemptions will give the public access to the 

process of aerial cinematography and the products which are the result of those endeavors.

In the past the public had access to aerial cinematography only through hiring a conventional 

helicopter, airplane, or other mechanism which, by their nature, are larger than UASs, require liquid 

fuel, travel at much higher speeds, and have a greater potential to negatively impact more people in the 

event of an incident or accident. Here all aspects of flight including pilot training and check-out, site 

evaluation, mission planning, contact with the appropriate FSDO, pre-flight inspections, crew briefings 

and site security during flight operations will ensure a level of safety to the public equivalent, or higher 

than that provided in current rules. As such the public will benefit from safe UAS operations will 

setting measures to safely integrate UASs into the NAS. 

Why Granting the Exemptions Would Provide an Equivalent Level of Safety to Current 

Rules: 

Granting the requested exemptions would provide a level of safety equivalent to that provided 

in current rules, and in some cases greater, due the specificity with which the Aircraft Operational 

Handbook and Motion Picture and Television Operational Handbook and Company Operational 

Handbook identify unique aspects of UASs, and lay out methods of operation which emphasize safety 

of the public, protection of private property, yet allows operation of UAS. In all circumstances which 

the FAA has already set safety guidelines for traditional aircraft, the operational characteristics of the 

18 of 19
UAS have been considered, and detailed plans put in place to adjust the current rules while maintaining

safety for persons and property on the ground, as well as ensuring safety and security for those 

operating in the NAS.

A Summary That Can Be Published In The Federal Register: 

The rules from which DeGrazia Music seeks exemption:

DeGrazia Music LLC seeks exemption from the following: 14 C.F.R. §§ 21 Subpart H, 45.23(b), 61.113 

(a) & (b), 91.7(a), 91.9(b), 91.103(b)(2), 91.105, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & (b), 

91.405, 91.407, 91.409, 91.417 (a) & (b).

A Brief Description Of The Exemptions DeGrazia Music Seeks: 

These exemptions will permit the DeGrazia Music LLC., to operate small Unmanned Aircraft 

Systems (UAS) for aerial cinematography and photography at controlled locations for use in motion 

picture, television, and music industries.

Privacy

Applicant submits the attached Motion Picture and Television Operations Manual and Company 

Operations Manual, and Aircraft Operational Handbook as a Confidential and Proprietary 

documents under 14 CFR 11.35 (b) as they contain proprietary information that the applicant has 

not and will not share with others. The Motion Picture and Television Operations Manual and 

Company Operations Manual and Aircraft Operational Handbook contain 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.

19 of 19