1

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	Secti on	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	fo r	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	dec ide	not	to	publ ish	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.2 (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	re questin g	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	ne eded 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	allowi ng	FAA	inspectors	to	dedicate	their	time and	attention	to	muc h	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	tim ely	manner.3 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.	Thi s	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	of4

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	Operati ons	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,5

approval	of	the	application	presents	no	national	security	issue.	Given	the	clear direction	in	Sectio n	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	i mpacts,	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	convention al	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,	includi ng	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	wil l	require	a	new	petition	or	an	amendment. 2. The	UA	shall	not	be	flown	at	a	speed	exceeding	a	ground	speed	of	50	knots.6

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	len ses,	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	commu nicate	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	man ual,	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	responsi bility	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. P rior	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.7

8. Any	UAS	that	has	unde rgone	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	opera tor’s	manual. 10. The	Pilot	In	Command	(PIC)	shall	possess	at	least	a n	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	2 00	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	regu lations	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	fo r	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.8 §	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	docum entation 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	mu st ensure	that	no	persons	are	allowed	within	500	feet	of	the	area	except	those9 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	Admini strator	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	pro tect	non
participating	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	exem ption	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	pr ocedures	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.10

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	c oncurrence	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	whe n	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	FAA

published	aeronautical	chart	unless	a	letter	of	agreement	with	that	airport’s11 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	manage ment	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	Federa l	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	no t	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	degree12

of	safety	to	the	publ ic	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	explosi ve	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 airworthin ess	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 airworthi ness	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 condition s	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	docum ents	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	aircraf t,	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

- commercia l	operations. Because	the	UAS	will	not	carry	a	pilot	or	passengers,	the	proposed	operations	can13

achieve	the	equivalent	level	of	safety	of	current	operations	by	requiring	the	PIC oper ating	the	aircraft to	have	a	private	pilot's	license	rather	than	a	commerc ial 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	plann ed 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 conventi onal	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	o perate	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,	th e	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	i n	the	filming	activity,	all	affected14

individuals	will	be	aware	of	the	planned	flight	operations	a s	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	a nd	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	ens ure 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	al titude	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	exemptio n	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	REQUIR EMENTS	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	intend ed	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	proposed15

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	fu el,	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	prescrib ed	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	pr ovided	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 performe d.	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	r isk.	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	i n	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	eli minates	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	aircraft17

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	fli ghts	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.	Th e	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	purs uant	to	the	Operating	Manual	appended	hereto.

All	the	best,

................................................. Kyle	Bullington Director	of	Marketing	and	Content	Strategy