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Nimbus Productions, LLC

Christopher Carducci

3395 Saxony Glen

Marietta, GA 30066

(770) 815-0115

January 27, 2016

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

Exemption Request Pursuant To Section 333 of the 

FAA Reform Act of 2012

Dear Sir or Madam:

This petition is being submitted on Nimbus Productions, LLC’s behalf 

without legal counsel or consulting services.

Nimbus Productions, LLC, a Georgia Limited Liability Company 

doing business as Nimbus Productions (“NP”). 

We are writing pursuant to the FAA Modernization and Reform 

Act of 2012 (the “Reform Act”) and the procedures contained in 14 

C.F.R. 11, to request that NP, the owner and operator of small unmanned 

aircraft, be exempted from the Federal Aviation Regulations (“FARs”) 

listed below so that NP may operate its small unmanned aircraft / 

lightweight unmanned aircraft systems (“UAS”) commercially in 

airspace regulated by the Federal Aviation Administration (“FAA”). 

As described herein, NP is looking to become a leader in capturing 

high definition feature film quality aerial cinematography with small, 

unmanned aircraft and lightweight UASs. NP will outfit each of its 

small-unmanned aircraft for aerial photography and cinematography, 
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primarily for use in digital content creation, commercials, weddings, and 

events, including motion pictures. This exemption would permit 

commercial operations by NP to conduct sUAS for general photography 

and videography, real estate photography and videography, film and 

movie production. NP’s operation under the exemption will be subject to 

strict operating requirements and conditions to ensure a level of safety 

equivalent to that of currently authorized operations using manned 

aircraft and under conditions as may be modified by the FAA as required 

by Section 333. 

Requested Exemptions: 

In order to provide safe and environmentally-friendly aerial 

videography and photography for public and business interests, NP, 

pursuant to Section 333 of the FAA Modernization and Reform Act of

2012 ("FRMA"), would like to formally submit for exemptions from the 

following Section 333 regulations: 

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23(b)

• 14 C.F.R. 61.113(a) and (b)

• 14 C.F.R. 91.7(a)

• 14 C.F.R. 91.9(b)(2)

• 14 C.F.R. 91.109 

• 14 C.F.R. 91.119(c),

• 14 C.F.R. 91.121,

• 14 C.F.R. 91.151(a)(1),

• 14 C.F.R. 91.203(a) and (b),

• 14 C.F.R. 91.405(a)

• 14 C.F.R. 91.407(a)(1),

• 14 C.F.R. 91.409(a)(1) and (2),

• 14 C.F.R. 91.417(a) and (b)

NP is requesting these exemptions so that NP may safely operate sUAS 

commercially.
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The	Extent	of	Relief	NP	Seeks	and	the	Reason	NP	Seeks	the	

Relief: 

The Reform Act in Section 332 provides for such integration of 

civil unmanned aircraft systems into our national airspace system as it is 

in the public’s interest to do so. NP’s lightweight UASs meets the 

definition of “small unmanned aircraft” as defined in Section 331 and 

therefore the integration of NP’s lightweight UASs are expressly 

contemplated by the Reform Act. NP would like to operate its 

lightweight UASs prior to the time period by which the Reform Act 

requires the FAA to finalize the ruling that governs such craft. 

The Reform Act guides the Secretary in determining the types of UASs 

that may operate safely in our national airspace system. These 

limitations and conditions to which NP agrees to be bound when 

conducting commercial operations under an FAA issued exemption 

include: 

• The sUAS will weigh less than 55 lbs. 

• Flights will be operated within visual line of sight (VLOS) of a 

Pilot/”Operator” and/or observer. 

• Maximum total flight time for each operational flight will be 25

minutes. Flights will be terminated at 20% battery power reserve should 

that occur prior to the 25 minute limit. 

• 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. 

• Minimum crew for each operation will consist of the sUAS 

Pilot/”Operator”, and the Visual Observer. 

• 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”.

• 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. 

• Pilot/”Operator” and observer will have been trained in operation 
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of sUAS generally and received up-to- date information on the particular 

sUAS to be operated. 

• Observer and Pilot/”Operator” will at all times be able to 

communicate by voice, radio, and/or text. 

• Written and/or oral permission from the relevant property holders 

or property representatives will be obtained. 

• 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. 

• The sUAS will have the capability to abort a flight in case of 

unpredicted obstacles, weather, or emergencies. 

112 P.L. 95 333 (a). Each of these items is in favor for an exemption of

NP’s UASs, which use counter-rotating propellers for extreme balance, 

control and stability. The UASs weigh less than 55 pounds. Each of 

NP’s small unmanned aircraft are designed to primarily hover in place 

and operate at less than a 50 knot maximum speed. They are capable of 

vertical and horizontal operations, but operate only within the line of 

sight of the remote control pilot.

Utilizing battery power and not combustible fuels, flights 

generally last between five and twenty minutes. NP does not operate its 

UASs with less than twenty percent battery capacity. Safety systems in 

place include a GPS mode that allows NP’s UASs to hover in place if 

communication with the radio control pilot is lost and then slowly 

descend the UAS at twenty percent battery capacity. Further, NP’s fleet 

is programmed, in some instances, to slowly follow a predetermined set 

of waypoints to return to a safety point if communications are lost. 

NP does not operate its UASs near airports and generally does not 

operate them near populated areas. To date, NP has only operated its 

fleet on private sets and areas under the control of NP. NP only operates 

its UASs in predetermined areas and only in compliance with wellregarded safety protocols.

NP’s operation of its fleet of small-unmanned aircraft will not 

“create a hazard to users of the national airspace system or the public.” 
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112 P.L. 95 § 333 (b). Given the small size and weight of NP’s UASs, 

combined with their operation in well-controlled areas, NP’s fleet falls 

within Congress’s contemplated safety zone when it promulgated the 

Reform Act and the corresponding directive to integrate UASs into the 

national airspace system. NP’s UASs have been used recreationally for 

the last two years, and have had no incidents or posed any threats to the 

local community.

14 C.F.R. 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. 

How	NP’s	Request	Would	Benefit	the	Public	as	a	Whole: 

Reducing the danger and emissions that are involved with flying 

helicopters/airplanes to capture aerial footage is very beneficial to the 

public. Using those methods are extremely expensive as well. NP has 

battery-powered UAS that create no carbon emissions and very little 

noise, compared to their aerial counterparts. Allowing a more costeffective alternative for smaller businesses to utilize aerial footage is 

very beneficial.
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Reasons	Why	the	Exemption	Would	Not	Adversely	Affect	Safety,	

or	How	the	Exemption	Would	Provide	a	Level	of	Safety	At	Least	

Equal	to	the	Existing	Rule:

NP’s exemption	will	not	adversely	affect	safety.	By	following	

the	guidelines	already	set	in	place,	safety	is	guaranteed.	To	reiterate	

the	guidelines	NP	will	follow:

• NP’s UASs weigh less than 55 pounds complete all gear attached;

• NP only operates its UASs below 400 feet; 

• NP’s UASs only operate for 5-20 minutes per flight; 

• NP returns its UASs from flight when they reach 20% battery power; 

• NP’s remote control pilots operate NP’s UASs by line of sight; 

• For each flight, NP staffs a remote control pilot and spotter;

• NP’s UASs have GPS flight modes whereby they hover and then 

slowly land if communication with the remote control pilot is lost or 

battery power is below 20%; 

• NP only operates when weather conditions are appropriate, and away 

from airports and populated areas; 

• NP always obtains all necessary permissions and permits prior to 

operation; and, 

• NP has procedures in place to abort flights in the event of safety 

breaches or potential danger. 

NP takes privacy very seriously. 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. 
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Summary 

Nimbus Productions seeks an exemption from the following rules: 

14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 

91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 

C.F.R. 91.151(a)(l), 14 C.P.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 

14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(l) and (2), 14 C.F.R. 

91.417(a) and (b). With the exemptions of the mentioned rules, NP will 

be seeking to make UAS photography/videography services available to 

public and commercial interests that can benefit the community. 

Conclusion

Nimbus Productions, LLC respectfully requests the FAA grant its 

exception without delay. The FAA has the authority to issue the 

exemption sought by Nimbus Productions, LLC pursuant to the Federal 

Aviation Act.

Thank you for taking the time to review our exemption request. If there 

are any questions or concerns, please do not hesitate to contact 

Christopher Carducci, co-owner of Nimbus Productions, LLC.

Sincerely,

Christopher Carducci

Co-Owner/Producer

Nimbus Productions, LLC

3395 Saxony Glen

Marietta, GA 30066

Topher@NimbusProductions.net

(770) 815-0115

UAS PRODUCT INFORMATION:

3DR SOLO: 

https://3dr.com/wp-content/uploads/2016/01/v8_01_05_16.pdf