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June	8,	2015

U.	S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE,

West	Building	Ground	Floor,	Room	Wl2-140,

Washington,	DC	20590

Amended	petition	includes	names	of	crafts.

Re:	 Request	for	Exemption	under	Section	333	of the	FAA	Modernization	and	

Reform'	Act and	Part	11	of	the	Federal	Aviation	Regulations	from	14	C.F.R.	

61.113(a)	and	(b);91.119(c);	91.121;	91.15l(a)(l);	91.405(a);	91.407(a)(l);	

91.409(a)(l)	and	(2);91.417(a)	&	(b).

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,	Aether	Films,	INC developer	and	operator	of	

Small	Unmanned	Aircraft	(UA)	equipped	to	conduct	aerial	photography	for	the	

motion	picture	and	television	industry	for	scripted	closed	set	filming,	hereby	applies	

for	an	exemption	from	the	listed	Federal	Aviation	Regulations	("FARs")	to	allow	

commercial	operation	of	its	UA,	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.

Aether	Films,	INC requests	that	the	publication	and	comment	procedures	be	

waived	in	accordance	with	14	C.F.R.	§	11.87	which	states:

§	11.87	Are	there	circumstances	in	which	FAA	may	decide	not	to	publish	a	

summary	of my	petition	for	exemption?

The	FAA	may	not	publish	a	summary	of	your	petition	for	exemption	and	request

comments	if	you	present	or	we	find	good	cause	why	we	should	not	delay	action	on	

your	petition.	The	factors	we	consider	in	deciding	not to	request	comment	include:

(a)	Whether	granting	your	petition	would	set	a	precedent.

(b)	Whether	the	relief	requested	is	identical	to	exemptions	granted	

previously.

(c)	Whether	our	delaying	action	on	your	petition	would	affect	you	adversely.
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(d)	Whether you	filed	your	petition	in	a	timely	manner.

Corresponding	to	the	above	sub-sections,	Aether	Films	has	good	cause	to	

request	the	FAA	to	waive	the	comment	period	and	not	delay	action	on	the	petition	

because:	

(a)	Aether	Films	would	not	set	any	precedent.	Exemption	#'s	11062,	11063,	

11064,	11065,	11066,	11067,	11080,	11440,	11541	are	all	previously	

granted	petitions	to	"allow	operation[s]	of	unmanned	aircraft	systems	(UAS)	

for	the	purpose	of	scripted,	closed-set	filming	for	the	motion	picture	and	

television industry."	Aether	Films	agrees	to	the	SAME	exact	limitations	as	the	

above	listed	exemptions,	which	are	included	below,	"for	the	purpose	of	

scripted,	closed-set	filming	for	the	motion	picture	and	television	industry."

(b)	This	petition	for	exemption	is	requesting	relief	identical	to	the	above	

mentioned	nine	petitioners.	The	regulations	that	Aether	Films	is	seeking	

relief	from	were	chosen	based	directly	upon	the	FAA's	chart	included	in	the	

nine	exemptions	mentioned	in	the	above	listing,	which	regulations	needed	

exempting.	This	was	done	so	that	the	FAA	could	waive	the	comment	period	

and	rapidly	grant	this	petition.	Furthermore,	much	of	this	petition	is	copied	

directly	from	the	petitions	of	the	nine	mentioned	above	specifically	

exemption	#’s	11440	and	11541.

(c)	Delaying	the	granting	of	this	petition	would	adversely	affect	the	public,	

the	FAA	and	Aether	Films.	The	public,	as	well	as	the	FAA,	would	be	better	

served	by	the	FAA	quickly	granting	this	petition	and	thereby	freeing	up	

limited	FAA	resources	and	allowing	FAA	inspectors	to	dedicate	their	time	

and	attention	to	much	higher	priorities.		Moreover,	Aether	Films is	eagerly	

seeking	to	start	commercial	operations	and	is	adversely	affected	by	the	

above	listed	regulations.

(d)	The	petition	has	been	filed	in	a	timely	manner.
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As	described	more	fully	below,	the	requested	exemption	would	permit	the	

operation	of	small,	unmanned	and	relatively	inexpensive	UAS	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.

Petitioner’s	Contact	Info:	

Aether	Films

Attn:	Kyle	Bullington	

Phone:	650-455-7752

Email:	kbullington@aethervideo.com	

Address:	737	Bryant	Street,	Palo	Alto,	CA	94301	

Regulations	from	which	the	exemption	is	requested:	

 14	C.F.R.	§	61.113(a)	&	(b)	

 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.	§	91.405(a)	

 14	C.F.R.	§	91.407(a)(1)	

 14	C.F.R.	§	91.409(a)(1)	&	(2)	

 14	C.F.R.	§	91.417(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	FAA	Modernization	and	Reform	Act.	

In	making	this	determination,	the	Secretary	is	required	to	determine	which	types	of	
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UA	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	UA’s	size,	weight,	speed,	and	operational	capability;	

 Operation	of	the	UA	in	close	proximity	to	airports	and	populated	areas;	and,	

 				Operation	of	the	UA	within	visual	line	of	sight	of	the	operator	(VLOS).

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).	

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	UAS’s,	from	the	

requirement	that	all	civil	aircraft	must	have	a	current	airworthiness	certificate.	

“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	U.S.C.	§	44711(b).	

Aether	Films’	UA	are	rotorcraft,	weighing	55	lbs.	or	less	including	payload.	They	

operate,	under	normal	conditions	at	a	speed	of	no more	than	50	knots	and	they	have	

the	capability	to	hover,	and	move	in	the	vertical	and	horizontal	plane	

simultaneously.	They	will	operate	only	within	VLOS	and	only	within	the	sterile	area	

described	in	the	Confidential	Motion	Picture	and	Television	Operations	Manual	and	

Flight	Operations	and	Procedures	Manual	which	is	being	mailed	in	separately	

(hereinafter	"the	Operating	Manual").		Such	operations	will	insure	that	the	UA	will	

"not	create	a	hazard	to	users	of	the	national	airspace	system	or	the	public."

Given	the	small	size	of	the	UA	involved	and	the	restricted	sterile	environment	

within	which	they	will	operate,	Aether	Films	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	UA	to	commence	immediately.	Also,	due	

to	the	size	of	the	UA	and	the	restricted	areas	in	which	the	relevant	UA	will	operate,	
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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	UA	for	movie	and	television	operations,	the	grant	of	the	requested	

exemptions	is	in	the	public	interest.	Accordingly,	Aether	Films	respectfully	requests	

that	the	FAA	grant	the	requested	exemption without	delay.		

Aircraft	and	Equivalent	Level	of	Safety:

Aether	Films	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	conducted	with	conventional	aircraft.

These	limitations	and	conditions,	taken	directly	from	the	nine	exemptions	

granted	to	film	companies	(Exemption	#’s	11062,	11063,	11064,	11065,	11066,	

11067,	11080,	11440,	11541),	Aether	Films,	INC agrees	to	be	bound	when	

conducting	commercial	UA	operations.	These	limitations	have	already	been	written	

and	incorporated	into	the	Operating	Manual.	The	list	of	limitations	and	conditions	

include	the	following:	

1. The	UA	weighs	less	than	55	pounds,	including	batteries	and	camera	gimbal.	

Operations	requested	in	this	petition	for	exemption	are	limited	to	the	

following	aircraft	described	in	the	proprietary	operator’s	manual	for	the

Gryphon	Dynamics	X8	and	Carbon	Core	X8.	Proposed	operations	of	any	other	

UA	will	require	a	new	petition	or	an	amendment.

2. The	UA	shall	not	be	flown	at	a	speed	exceeding	a	ground	speed	of	50	knots.
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3. Flights	must	be	operated	at	an	altitude	of	no	more	than	400	feet	above	

ground	level	(AGL),	as	indicated	by	the	procedures	specified	in	the operator’s	

manual.	All	altitudes	reported	to	ATC	must	be	in	feet	AGL.	

4. The	UA	must	be	operated	within	visual	line	of	sight	(VLOS)	of	the	PIC	at	all	

times.	This	requires	the	PIC	to	be	able	to	use	human	vision	unaided	by	any	

device	other	than	corrective	lenses,	as	specified	on	the	PIC’s	FAA-issued	

medical	certificate.

5. All	operations	must	utilize	a	visual	observer	(VO).	The	VO	may	be	used	to	

satisfy	the	VLOS	requirement,	as	long	as	the	PIC	always	maintains	VLOS	

capability.	The	VO	and	PIC	must	be	able	to	communicate	verbally	at	all	times.

6. The	operator’s	manual	shall	be	maintained	and	made	available	to	the	

Administrator	upon	request.	If	a	discrepancy	exists	between	the	conditions	

and	limitations	in	this	exemption	and	the	procedures	outlined	in	the	

operator’s	manual,	the	conditions	and	limitations	herein	take	precedence	

and	must	be	followed.	Otherwise,	the	operator	must	follow	the	procedures	as	

outlined	in	its	operator’s	manual.	The	operator	may	update	or	revise	its	

operator’s	manual.	It	is	the	operator’s	responsibility	to	track	such	revisions	

and	present	updated	and	revised	documents	to	the	Administrator	upon	

request.	The	operator	must	also	present	updated	and	revised	documents	if	it	

petitions	for	extension	or	amendment.	If	the	operator	determines	that	any	

update	or	revision	would	affect	the	basis	of	this	exemption,	then	the	operator	

must	petition	for	amendment	to	their	exemption.	The	FAA’s	UAS	Integration	

Office	(AFS-80)	may	be	contacted	if	questions	arise	regarding	updates	or	

revisions	to	the	operator’s	manual.

7. Prior	to	each	flight	the	PIC	must	inspect	the	UAS	to	ensure	it	is	in	a	condition	

for	safe	flight.	If	the	inspection	reveals	a	condition	that	affects	the	safe	

operation	of	the	UAS,	the aircraft	is	prohibited	from	operating	until	the	

necessary	maintenance	has been	performed	and	the	UAS	is	found	to	be	in	a	

condition	for	safe	flight.	The	Ground	Control	Station	shall	be	included	in	the	

preflight	inspection.	All	maintenance	and	alterations	shall	be	properly	

documented	in	the	aircraft	records.
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8. Any	UAS	that	has	undergone	maintenance	or	alterations	that	affect	the	UAS	

operation	or	flight	characteristics,	e.g.	replacement	of	a	flight	critical	

component,	must	undergo	a	functional	test	flight	in	accordance	with	the	

operator’s	manual.	The	PIC	who	conducts	the	functional	test	flight	must	

make	an	entry	in	the	UAS	aircraft	records	of	the	flight.	The	requirements	and	

procedures	for	a	functional	test	flight	and	aircraft	record	entry	are	included	

in	the	operator’s	manual.

9. The	operator	shall	follow	the	manufacturer’s	UAS	aircraft/component,	

maintenance,	overhaul,	replacement,	inspection,	and	life	limit	requirements.	

An	aircraft	maintenance	manual	with	maintenance/component/overhaul,	

replacement,	and	inspection/maintenance	requirements	has	been	

established	and	included	in	the	operator’s	manual.

10. The	Pilot	In	Command	(PIC)	shall	possess	at	least	an	FAA-issued pilot	

certificate	and	at	least	a	current	third-class	medical	certificate.	The	PIC	must	

also	meet	the	flight	review	requirements	specified	in	14	C.F.R.	§	61.56	in	an	

aircraft	in	which	the	PIC	is	rated	on	his/her	pilot	certificate.

11. Prior	to	operations	conducted	for	the	purpose	of	motion	picture	filming	(or	

similar	operations),	the	PIC	must	have	accumulated	and	logged,	in	a	manner	

consistent	with	14	C.F.R.	§	61.51	(b),	a	minimum	of	200	flight	cycles	and	25	

hours	of	total	time	as	a	UAS	rotorcraft	pilot	and	at	least	ten	hours	logged	as	a	

UAS	pilot	with	a	similar	UAS	type	(single	blade	or	multirotor).	Prior	

documented	flight	experience	that	was	obtained	in	compliance	with	

applicable	regulations	may	satisfy	this	requirement.	Training,	proficiency,	

and	experience-building	flights	can	also	be	conducted	under	this	grant	of	

exemption	to	accomplish	the	required	flight	cycles	and	flight	time.	During	

training,	proficiency,	and	experience-building flights,	all	persons	not	

essential	for	flight	operations are	considered	non-participants,	and	the	PIC	

must	operate	the	UA	with	appropriate	distance	from	non-participants	in	

accordance	with	14	C.F.R.	§	91.119.

12. Prior	to	operations	conducted	for	the	purpose	of	motion	picture	filming,	the	

PIC	must	have	accumulated	and	logged,	in	a	manner	consistent	with	14	C.F.R.	
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§	61.51	(b),	a	minimum	of	five	hours	as	UAS	pilot	operating	the	make	and	

model	of	UAS	to	be	utilized	for	operations	under	the	exemption	and	three	

take-offs	and	three	landings	in	the	preceding	90	days.	During	training,	

proficiency,	experience-building,	and	take-off	and	landing	currency	flights	all	

persons	not	essential	for	flight	operations	are	considered	nonparticipants,	

and	the	PIC	must	operate	the	UA with	appropriate	distance	from	

nonparticipants	in	accordance	with	14	C.F.R.	§	91.119.

13. Prior	to	operations	conducted	for	the	purpose	of	motion	picture	filming,	the	

PIC	and	visual	observer	(VO)	must	have	successfully	completed	a	

qualification	process,	as	outlined	in	the	operator’s	manual.	The	test	has	been	

developed	by	the	operator	and	shall	be	implemented	by	a	qualified	person	

designated	at	the	sole	discretion	of	the	operator.	A	record	of	completion	of	

this	qualification	process	must	be	documented	and	made	available	to	the	

Administrator	upon	request.

14. Prior	to	operations	conducted	for	the	purpose	of	motion	picture	filming,	a	

flight	demonstration,	administered	by	an	operator-approved	and	qualified	

pilot	must	be	successfully	completed	and	documented.	This	documentation	

must	be	available	for	review	upon	request	by	the	Administrator.	Because	the	

knowledge	and	airmanship	test	qualifications	have	been	developed	by	the	

operator,	the	petitioner	will	conduct	these	tests	in	accordance	with	the	

operator’s	manual.

15. The	UA	may	not	be	operated	directly	over	any	person,	except	authorized	and	

consenting	production	personnel,	below	an	altitude	that	is	hazardous	to	

persons	or	property	on	the	surface	in	the	event	of	a	UAS	failure	or	

emergency.

16. The	UA	may	not	be	operated	directly	over	any	person,	except	authorized	and	

consenting	production	personnel,	below	an	altitude	that	is	hazardous	to	

persons	or	property	on	the	surface	in	the	event	of	a	UAS	failure	or	

emergency.

17. Regarding	distance	from	non-participating	persons,	the	operator	must	

ensure	that	no	persons	are	allowed	within	500	feet	of	the	area	except	those	
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consenting	to	be	involved	and	necessary	for	the	filming	production.	This	

provision	may	be	reduced	to	no	less	than	200	feet	if	it	would	not	adversely	

affect	safety	and	the	Administrator	has	approved	it.	For	example,	an	

equivalent	level	of	safety	may	be	determined	by	an	aviation	safety	inspector’s	

evaluation	of	the	filming	production	area	to	note	terrain	features,	

obstructions,	buildings,	safety	barriers,	etc.	Such	barriers	may	protect	nonparticipating	persons	(observers,	the	public,	news	media,	etc.)	from	debris	in	

the	event	of	an	accident.	This	is	also	consistent	with	the	same	FAA	Order	

8900.1,	V3,	C8,	S1.

18. If	the	UA	loses	communications	or	loses	its	GPS	signal,	the	UA	must	return to	

a	predetermined	location	within	the	security	perimeter	and	land	or	be	

recovered	in	accordance	with	the	operator’s	manual.

19. The	UA	must	abort	the	flight	in	the	event	of	unpredicted	obstacles	or	

emergencies	in	accordance	with	the	operator’s	manual.

20. Each	UA	operation	must	be	completed	within	30	minutes	flight	time	or	with	

25%	battery	power	remaining,	whichever	occurs	first.

21. The	operator	must	obtain	an	Air	Traffic	Organization	(ATO)	issued	Certificate	

of	Waiver	or	Authorization	(COA)	prior	to	conducting	any	operations	under	

this	grant	of	exemption.	This	COA	will	also	require	the	operator	to	request	a	

Notice	to	Airman	(NOTAM)	not	more	than	72	hours	in	advance,	but	not	less	

than	48	hours	prior	to	the	operation.

22. All	aircraft	operated	in	accordance	with	this	exemption	must	be	identified	by	

serial	number,	registered	in	accordance	with	14	C.F.R.	part	47,	and	have	

identification	(N-Number)	markings	in	accordance	with	14	C.F.R.	part	45,	

subpart	C.	Markings	must	be	as	large	as	practicable.

23. The	operator	has	developed	procedures	to	document	and	maintain	a	record	

of	the	UA	maintenance,	preventative	maintenance,	alterations,	status	of	

replacement/overhaul	component	parts,	and	the	total	time	in	service	of	the	

UA.

24. Each	UA	must	comply	with	all	manufacturer	Safety	Bulletins	and firmware	

updates.
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25. The	operator	has	developed	UA	technician	qualification	criteria	and	they	are	

included	in	the	operator’s	manual.

26. The	preflight	inspection	accounts	for	all	discrepancies,	i.e.	inoperable	

components,	items,	or	equipment,	not	covered	in	the	relevant	preflight	

inspection	sections	of	the	operator’s	manual.

27. The	radio	frequency	spectrum	used	for	operation	and	control	of	the	UA	

complies	with	the	Federal	Communications	Commission	(FCC)	or	other	

appropriate	government	oversight	agency	requirements.

28. At	least	three	days	before	scheduled	filming,	the	operator	of	the	UAS	affected	

by	this	exemption	must	submit	a	written	Plan	of	Activities	to	the	local	FSDO	

with	jurisdiction	over	the	area	of	proposed	filming.	The	3-day	notification	

may	be	waived	with	the	concurrence	of	the	FSDO.	The	requirements	for	a	

plan	of	activities	and	a	sample	form	are	in	the	operator’s	manual.

29. The	documents	required	under	14	C.F.R.	§	91.9	and	§	91.203	must	be	

available	to	the	PIC	at	the	ground	control	station	of	the	UAS	any	time	the	

aircraft	is	operating.	These	documents	must	be	made	available	to	the	

Administrator	or	any	law	enforcement	official	upon	request.

30. The	UA	must	remain	clear	and	yield	the	right	of	way	to	all	other	manned	

operations	and	activities	at	all	times	(including,	but	not	limited	to,	ultralight	

vehicles,	parachute	activities,	parasailing	activities,	hang	gliders,	etc.).

31. UA	operations	may	not	be	conducted	during	night,	as	defined	in	14	C.F.R.	§	

1.1.	All	operations	must	be	conducted	under	visual	meteorological	conditions	

(VMC).	Flights	under	special	visual	flight	rules	(SVFR)	are	not	authorized.

32. The	UA	cannot	be	operated	by	the	PIC	from	any	moving	device	or	vehicle.

33. The	UA	may	not	be	operated	less	than	500	feet	below	or	less	than	2,000	feet	

horizontally	from	a	cloud	or	when	visibility	is	less	than	3	statute	miles	from	

the	PIC

34. The	UA	may	not	operate	in	Class	B,	C,	or	D	airspace	without	written	approval	

from	the	FAA.	The	UA	may	not	operate	within	5	nautical	miles	of	the	

geographic	center	of	a	nontowered	airport	as	denoted	on	a	current	FAApublished	aeronautical	chart	unless	a	letter	of	agreement	with	that	airport’s	
11

management	is	obtained,	and	the	operation	is	conducted	in	accordance	with	

a	NOTAM	as	required	by	the	operator’s	COA.	The	letter	of	agreement	with	the	

airport	management	must	be	made	available	to	the	Administrator	upon	

request.

35. Any	1)	incident,	2)	accident,	or	3)	flight	operation	that	transgresses	the	

lateral	or	vertical	boundaries	of	the	operational	area	as	defined	by	the	

applicable	COA	must	be	reported	to	the	Federal	Aviation	Administration’s	

(FAA)	UAS	Integration	Office	(AFS-80)	within	24	hours.	Accidents	must	be	

reported	to	the	National	Transportation	Safety	Board	(NTSB)	per	

instructions	contained	on	the	NTSB	Web	site:	www.ntsb.gov.	Further	flight	

operations	may	not	be	conducted	until	the	incident,	accident,	or	

transgression	is	reviewed	by	AFS-80	and	authorization	to	resume	operations	

is	provided.

Unless	otherwise	specified	by	the	Administrator,	the	PIC,	and	operator	must	comply	

with	all	applicable	parts	of	14	C.F.R.	including,	but	not	limited	to,	parts	45,	47,	61,	

and	91.

Statutory	Criteria	Provided	in	section	333:

The	UA	proposed	to	be	operated	by	Aether	Films	weighs	less	than	55	lbs.	

fully	loaded,	carries	neither	a	pilot	nor	passenger,	carries	no	explosive	materials	or	

flammable	liquid	fuels,	and	operates	exclusively	within	a	secured	area	as	outlined	in	

the	operator’s	manual.	Unlike	other	civil	aircraft,	operations	under	this	exemption	

will	be	tightly	controlled	and	monitored	by	both	the	operator,	pursuant	to	the	

criteria	in	the	operator’s	manual,	and	under	the	requirements	and	in	compliance	

with	local	public	safety	requirements,	to	provide	security	for	the	area	of	operation	

as	is	now	done	with	conventional	filming.	The	FAA	will	have	advance	notice	of	all	

operations	and	has	issued	the	aforementioned	list	of	conditions	and	limitations.	

These	safety	enhancements,	which	already	apply	to	civil	aircraft	operated	in	

connection	with	motion	picture	and	television	production,	provide	a	greater	degree	
12

of	safety	to	the	public	and	property	owners	than	conventional	operations.	Lastly,	

application	of	these	same	criteria	demonstrates	that	there	is	no	credible	threat	to	

national	security	posed	by	the	UAS,	due	to	its	size,	speed	of	operation,	location	of	

operation,	lack	of	explosive	materials	or	flammable	liquid	fuels,	and	inability	to	

carry	a	substantial	external	load.	

The	Federal	Aviation	Act	(49	U.S.C.§	44701	(f))	and	Section	333	of	the	

Reform	Act	both	authorize	the	FAA	to	exempt	aircraft	from	the	requirement	for	an	

airworthiness	certificate,	upon	consideration	of	the	size,	weight,	speed,	operational	

capability,	and	proximity	to	airports	and	populated	areas	of	the	particular	UAS.	In	all	

cases,	an	analysis	of	these	criteria	demonstrates	that	the	UAS	operated	without	an	

airworthiness	certificate,	in	the	restricted	environment	and	under	the	conditions	

proposed	will	be	at	least	as	safe,	or	safer,	than	a	conventional	aircraft	(fixed	wing	or	

rotorcraft)	operating	with	an	airworthiness	certificate	without	the	restrictions	and	

conditions	proposed.

As	there	will	be	no	airworthiness	certificate	issued	for	the	unmanned	

aircraft,	and	no	FAA	regulatory	standard	will	exist	for	determining	airworthiness	of	

the	UA,	the	requirements	contained	in	the	operator’s	manual	for	maintenance	and	

use	of	safety	check	lists	prior	to	each	flight,	will	provide	an	equivalent	level	of	safety.

Since	the	UA	fully	loaded	weighs	no	more	than	55	lbs.	and	is	operated	

without	an	onboard	pilot,	there	is	no	ability	or	place	to	carry	certification	and	

registration	documents	or	to	display	them	on	the	unmanned	aircraft.	An	equivalent	

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

point	where	the	pilot	flying	the	UA	will	have	immediate	access	to	them.	Given	the	

size	of	the	unmanned	aircraft,	the	FAA	registration	number	will	be	displayed	on	the	

airframe	in	as	large	a	font	as	possible.	

14	C.F.R.	§	61.113	(a)	&	(b):	PRIVATE	PILOT	PRIVILEGES	AND	LIMITATIONS:	

PILOT	IN	COMMAND.

Sub-sections	61.113(a)	&	(b)	limit	private	pilots	to	non-commercial	operations.	

Because	the	UAS	will	not	carry	a	pilot	or	passengers,	the	proposed	operations	can	
13

achieve	the	equivalent	level	of	safety	of	current	operations	by	requiring	the	PIC	

operating	the	aircraft to	have	a	private	pilot's	license	rather	than	a	commercial	

pilot's	license	to	operate	this	small	UAS.	Unlike	a	conventional	aircraft	that	carries	

the	pilot	and	passengers,	the	UAS	is	remotely	controlled	with	no	living	thing	on	

board.	The	area	of	operation	is	controlled	and	restricted,	and	all	flights	are	planned	

and	coordinated	in	advance	as	set	forth	in	the	Operating	Manual.	The	level	of	safety	

provided	by	the	requirements	included	in	the	Operating	Manual	exceeds	that	

provided	by	a	single	individual	holding	a	commercial	pilot's	certificate	operating	a	

conventional	aircraft.	The	risks	associated	with	the	operation	of	the	UAS	are	so	

diminished	from	the	level	of	risk	associated	with	commercial	operations	

contemplated	by	Part	61	when	drafted,	that	allowing	operations	of	the	UAS	as	

requested	with	a	private	pilot	as	the	PIC	exceeds	the	present	level	of	safety	achieved	

by	14	C.F.R.	§	61.113	(a)	&	(b).

14	C.F.R.	§	91.119:	MINIMUM	SAFE	ALTITUDES

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	

Section	91.119	(d)	allows	helicopters	to	be	operated	at	less	than	the	minimums	

prescribed,	provided	the	person	operating	the	helicopter	complies	with	any	route	or	

altitudes	prescribed	for	helicopters	by	the	FAA.	As	this	exemption	is	for	a	UAS	that	is	

a	helicopter	and	the	exemption	requests	authority	to	operate	at	altitudes	up	to	400	

AGL,	or	not	more	than	200	above	an	elevated	platform	from	which	filming	is	

planned,	an	exemption	may	be	needed	to	allow	such	operations.	As	set	forth	herein,	

except	for	the	limited	conditions	stated	in	the	Operating	Manual,	the	UAS	will	never	

operate	higher	than	400	AGL.	It	will	however	be	operated	in	a	restricted	area	with	

security	perimeter,	where	buildings	and	people	will	not	be	exposed	to	operations	

without	their	pre-obtained	consent.

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

the	UAS	as	well	as	the	location	where	it	is	operated.	No	flight	will	be	taken	without	

the	permission	of	the	property	owner	or	local	officials.	Because	of	the	advance	

notice	to	the	property	owner	and	participants	in	the	filming	activity,	all	affected	
14

individuals	will	be	aware	of	the	planned	flight	operations	as	set	forth	in of	the	

Operating	Manual.	Compared	to	flight	operations	with	aircraft	or	rotorcraft	

weighting	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	AGL	in	the	

movie	industry.	In	addition,	the	low-altitude	operations	of	the	UAS	will	ensure	

separation	between	these	small	UAS	operations	and	the	operations	of	conventional	

aircraft	that	must	comply	with	Section	91.119.

14	C.F.R.	§	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	UAS	may	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	read	out,	

an	exemption	may	be	needed.	An	equivalent	level	of	safety	will	be	achieved	by	the	

operator,	pursuant	to	the	Manual	and	Safety	Check	list,	confirming	the	altitude	of	

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

14	C.F.R.	§	91.151(A):	FUEL	REQUIREMENTS	FOR	FLIGHT	IN	VFR	CONDITIONS

Section	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	UAS	provides	approximately	40	minutes	of	

powered	flight. To	meet	the	30	minute	reserve	requirement	in	14	C.F.R.	§	91.151,	

UAS	flights	would	be	limited	to	approximately	10	minutes	in	length.	Given	the	

limitations	on	the	UAS's	proposed	flight	area	and	the	location	of	its	proposed	
15

operations	within	a	predetermined area,	a	longer	time	frame	for	flight	in	daylight	or	

night	VFR	conditions	is	reasonable.

Aether	Films	believes	that	an	exemption	from	14	C.F.R.	§	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	small	UAS,	in	a	tightly	controlled	area	where	only	people	and	property	owners	

or	official	representatives	who	have	signed	waivers	will	be	allowed,	with	less	than	

30	minutes	of	reserve	fuel,	does	not	engender	the	type	of	risks	that	Section	91.151	

(a)	was	intended	to	alleviate	given	the	size	and	speed of	the	small	UAS. Additionally,	

limiting	UAS	flights	to	10	minutes	would	greatly	reduce	the	utility	for	which	the	

exemption	will	be	granted.

Aether	Films	believes	that	an	equivalent	level	of	safety	can	be	achieved	by	

limiting	flights	to	30	minutes	or	25%	of	battery	power	whichever	happens	first.	This	

restriction	would	be	more	than	adequate	to	return	the	UAS	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	C.F.R.	§	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.	An	

equivalent	level	of	safety	will	be	achieved	because	these	small	UAS’s	are	very	limited	

in	size	and	will	carry	a	small	payload	and	operate	only	in	restricted	areas	for	limited	

periods	of	time.	If	mechanical	issues	arise	the	UAS	can	land	immediately	and	will	be	

operating	from	no	higher	than	400	feet	AGL.	As	provided	in	the	Operating	Manual,	
16

the	operator	will	ensure	that	the	UAS	is	in	working	order	prior	to	initiating	flight,	

will	perform	required	maintenance,	and	will	keep	a	log	of	any	maintenance	

performed.	Moreover,	the	operator	is	the	person	most	familiar	with	the	aircraft	and	

best	suited	to	maintain	the	aircraft	in	an	airworthy	condition	to	provide	the	

equivalent	level	of	safety

					 Pursuant	to	14	C.F.R.	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	C.F.R.	61.113(a)	and	(b);	91.119(c);	91.121;	91.151(a)(1);	91.405(a);	

91.407(a)(1);	91.409(a)(1)	and	(2);	91.417(a)	&	(b)	to	operate	commercially	

a	small	unmanned	vehicle	(55	lbs.	or	less)	in	motion	picture	and	television	

operations.

Approval	of	exemptions	allowing	commercial	operations	of	UAS’s	in	the	film	

industry	will	enhance	safety	by	reducing	risk.	Conventional	film	operations,	using	

jet	or	piston	power	aircraft,	operate	at	extremely	low	altitudes	just	feet	from	the	

subject	being	filmed	and	in	extreme	proximity	to	people	and	structures;	and	present	

the	risks	associated	with	aircraft	that	weigh	in	the	neighborhood	of	4,000	lbs.,	

carrying	large	amounts	of	jet	A	or	other	fuel	(140	gallons	for	jet	helicopters	shown	

below).	Such	aircraft	must	fly	to	and	from	the	film	location.	In	contrast,	a	UAS	

weighing	fewer	than	55	lbs.	and	powered	by	batteries	eliminates	virtually	all	of	that	

risk	given	the	reduced	mass	and	lack	of	combustible	fuel	carried	on	board.	The	UAS	

is	carried	to	the	film	set	and	not	flown.	The	UAS	will	carry	no	passengers	or	crew;	

therefore,	it	will	not	expose	them	to	the	risks	associated	with	manned	aircraft	

flights.

The	operation	of	small	UASs,	weighting	less	than	55	lbs.,	conducted	in	the	

strict	conditions	outlined	above,	will	provide	an	equivalent	level	of	safety	

supporting	the	grant	of	the	exemptions	requested	herein.	These	lightweight	aircraft	
17

operate	at	slow	speeds,	close	to	the	ground,	and	in	a	sterile	environment	and,	as	a	

result,	are	far	safer	than	conventional	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	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.	The	grant	of	this	exemption	request	will	provide	improved	

safety	over	the	use	of	manned	aircraft.

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	operation	within	visual	line	of	sight	and	national	security	- provides	more	than	

adequate	justification	for	the	grant	of	the	requested	exemptions	allowing	

commercial	operation	of	applicant's	UAS	in	the	motion	picture	and	television	

industry	pursuant	to	the	Operating	Manual	appended	hereto.

All	the	best,

.................................................

Kyle	Bullington	

Director	of	Marketing	and	Content	Strategy