August 18, 2015

United States Department of Transportation Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140 Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 for commercial operation of the UAVs DJI Phantom 2 Vision Plus and DJI 

Phantom 3

Dear Sir or Madam:

I am 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 

Airflow Creations DBA, owned and operated by Giovanni Castilhos and as owner and operator of small unmanned aircraft be exempted from the Federal 

Aviation Regulations (“FARs”) listed below so that Airflow Creations may operate its small unmanned aircraft/lightweight unmanned aircraft systems ”UAS” 

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

Airflow Creations primary use of UAVs will be low altitude production of aerial video and photography content production. Giovanni Castilhos has operated his 

current UASs on several non-commercially flights without any incident. The UAS utilizes battery power, not combustible fuels. The average flight time ranges 

from 5 and 15 minutes. The UAS is equipped with GPS functionality allow the aircraft to hover, also a return to home feature for safety. Airflow Creations uses 

UAVs with warning systems and will start to slowly descend and return home if battery power reaches 25%. Airflow Creations operations guideline require Pilot 

In Charge to start return of aircraft at level of 40%, reducing flight time although increasing safety. The failsafe software will disable the UAS from taking off 

and also limit the UAS system from operating within specific GPS preset no-fly or restricted zones.

Airflow Creations exemption request would allow its operation of lightweight, unmanned (piloted by remote control) and comparatively inexpensive UASs in 

highly controlled and limited airspace. Currently, similar lightweight, remote controlled UASs are legally operated by amateur pilots with no flight experience, 

safety plan or controls in place to prevent incidents. It is reasonable to allow Giovanni Castilhos, experienced remote control pilot, to operate similar lightweight 

UASs. This will act to further safety protocols specific to lightweight UASs as Airflow Creations research and logs flight data and other information gained 

through permitted flight operation. Granting this request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities to not only 

integrate UASs into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems(UASs) in the national airspace 

system” under Section 333© of the reform ACT. Further, Airflow Creations will conduct its operations in compliance with the protocols described herein or as 

otherwise established by the FAA.

For the reasons stated below, Airflow Creations respectfully request the grant of an exemption allowing it to operate lightweight, remote controlled UASs.

1. Contact Information:

Giovanni Castilhos

Owner/Operations

3838 Vinton Ave #206 Culver City, CA 90232

Tel.: (310) 936-1364

e-mail: giovanni.castilhos@gmail.com

2. The Specific Sections of Title 14 of the Code of Federal Regulations from Which Airflow Creations Request Exemption is:

14 CFR 21:

14 C.F.R. 45.23 (b):

14 CFR 61m113 (a) & (b): 14 C.F.R. 91, et seq.:

14 CFR 407 (a) (1):

14 CFR 409 (a) (2):

14 CFR 417 (a) & (b). U.S Dep’t of Trans.

3. The Extent of Relief Airflow Creations Seeks and the Reason It Seeks Such Relief:

Airflow Creations submits this application in accordance with the Reform Act, 112 P.L.

95§§ 331-334, seeking relief from any currently applicable FARs operating in cinematic, research and other flight operations within the national airspace system. 

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. Our lightweight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of our lightweight UAS 

is expressly contemplated by the Reform Act. We would like to operate our lightweight UAS prior to the time period by which the Reform Act requires the FAA 

to promulgate rules governing such craft.

The Reform Act guides the Secretary in determining the types of UASs that may operate Safely in our national airspace system. Considerations include:

• The weight, size, speed and overall capabilities of the UAS:

• Whether the UAS will be operated near airports or populated areas: and, • Whether the UAS will be operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Airflow Creations.

Our UAS utilizes four counter-rotating propellers for extreme balance, control and stability. It weighs less than 5 pounds, including battery and all equipment. 

This small unmanned aircraft is designed to primarily hover in place and operate at less than a 50 knot maximum speed. It is capable of vertical and horizontal 

operation but operate only within the line of sight of the remote control pilot. In addition to the remote control pilot, we use a spotter, such that, at minimum, one 

airflow creations personnel in addition to an assistant observer, to govern the safe flight of the aircraft at all times.

Utilizing battery power and not combustible fuels, flights generally last between five and twenty minutes. We do not operate the UAS with less than twenty five 

percent battery capacity. Safety systems in place include a GPS mode that allows the UAS to hover in place or return to takeoff location if communication with 

the radio control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity. We generally do not operate the UAS near airports or near 

populated areas. To date, we have only operated the UAS in a non-commercial manner.

Our operation of this small unmanned aircraft will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the 
small size and weight of the UAS, combined with its operation in cordoned off and well-controlled areas, this 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. Indeed, our UAS will not pose any 

threat to the general public or national security.

The FAA has the authority to issue the exemption sought by Airflow Creations pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the “Act”).

4. How this Request Will Benefit the Public As A Whole:

Granting this exemption request furthers the public interest. Congress has already announced that it is in the public’s interest to integrate commercially flown 

UASs into the national airspace system, hence the passing of the Reform Act. Airflow Creations conduct research into safe UAS operations every time it flies its 

UAS. Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Allowing us to log more 

flight time directly relates to our research and our ability to further enhance current safety measures. Furthermore, the public has an interest in reducing the 

danger and emission associated with current aerial cinematic capture methods, namely, full size helicopters. Our UAS is battery powered and creates no 

emissions. If our UAS crashes there is no fuel to ignite and explode. The impact of our lightweight UAS is negligible when compared to a full size helicopter, 

notwithstanding the statistically noteworthy safety record of full size helicopters used in motion picture capture. The public’s interest is furthered by minimizing 

ecological and crash impacts by permitting photo and motion picture capture through our lightweight UAS.

Progression of the arts and sciences has been fundamental to our society since its inclusion in the United States Constitution. Congress mandated the integration 

of UASs into our national airspace system, in part, to achieve progression in this noteworthy and inevitable field. Permitting Airflow Creations to immediately fly 

within the United States furthers these goals. Whether it is the amalgam of scientific discoveries applicable to feature film making (including those drawing upon 

architecture, physics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or advancements in equipment available to law 

enforcement personnel, first responders that does not cost millions of dollars, granting this exemption request substantially furthers the public’s interest in ways 

known and currently unknown.

Granting this request will also allow small business owners and home owners to be able to afford high quality aerial images and video that they would otherwise 

have no access to due to several factors, cost being the biggest.

5. Reasons Why Airflow Creations Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To 

Existing Rule:

This exemption will not adversely affect safety. Quite the contrary, for the reasons stated previously, permitting Airflow Creations to log more flight time in FAA 

controlled airspace will allow us to innovate and implement new and novel, as of yet undiscovered safety protocols. In addition, we submit

the following representations of enhancements to current aerial photo and motion picture capture techniques:

• Our UAS weighs less than 5 pounds complete with all mounted equipment and battery: • We only operate our UAS below 400 feet:

• Our UAS only operates for 5-20 minutes per flight:

• We land our UAS when it reaches 30% battery power:

• Our remote control pilot operates the UAS by line of sight;

• Our remote control pilot has video backup should he somehow lose sight of the UAS;

• We staff each flight with a remote control pilot and spotter with communication systems enabling real time communication between them;

• Our UAS has GPS flight modes whereby it hovers, returns to takeoff position and then Slowly lands if communication with the remote control pilot is lost or 

battery power Is below 25%;

• We actively analyze electronic flight data and other sources of information to constantly Update and enhance safety protocols;

• We conduct extensive briefings prior to flight during which safety carries primary importance;

• We have procedures in place to abort flights in the event of safety breaches or potential Danger.

Our safety protocols provide a level of safety at least equal to existing rules and in nearly every instance greater than existing rules. It is important to note that 

absent the integration of commercial UASs into our national airspace system, helicopters are the primary means of aerial motion picture capture. While the safety 

record of such helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS. The potential loss of life is diminished because 

UASs carry no people on board and Airflow Creations only operates them in specific areas away from mass populations. There is no fuel on board a UAS and 

thus the potential for fire or explosions is greatly diminished. The small size and extreme maneuverability of our UAS allows our remote control pilot to avoid 

hazards. Given their small size and weight, even when close enough to capture amazing images, our UAS needs not be so close to the objects it is focused on. 

Accordingly, our UAS has operated and will continue to operate at and above current safety levels.

6. Summary:

A. 14 C.F.R. 21 and 14 C>F>R> 91: Airworthiness certificates and Manuals.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 

91.203(a)(1). The size, weight and enclosed operational area of Airflow Creations UAS permits exemption from Part 21 because Airflow Creations UAS meets 

an equivalent level of safety pursuant to Section333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement 

under both the Act (49 U.S.C. § 44701 (f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the airworthiness 

certificate requirement in consideration of the weight, size speed, maneuverability and proximity to areas such as airports and dense populations. Airflow 
Creations UAS meets or exceeds each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by 

the FARs, this Regulation is inapplicable.

14 C.F.R § 91.9(b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued exemptions to 

their regulation in Exemption Nos 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Airflow Creations utilizes electronic global positioning systems and internal gyroscopes 

to provide spatial coordination.

14 C.F.R. § 91.203 (a)) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described 

above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at Airflow Creations flight operations center.

B. 14 C.F.R § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Airflow Creations UAS is, by definition, unmanned. It 

therefore does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such small 

aircraft. Regardless, Airflow Creations will mark its UAS in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 

14 C.F.R. § 45.29(f) so that the pilot, technician, spotter and others working with the UAS will see the markings. The FAA has previously issued exemptions to 

this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R.§§ 61.113 (a) & (b) private pilots are limited to non-commercial 

operations. Airflow Creations can achieve an equivalent level of safety as achieved by current regulations because Airflow Creations UAS does not carry any 

pilots or passengers. Furthermore, while helpful, a pilot license will not ensure remote control piloting skills. The risks attendant to the operation of Airflow 

Creations UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R.§ 61, et seq. Thus, allowing Airflow Creations to operate 

its UAS with a private pilot as the pilot in control will exceed current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Airflow 

Creations will never operate at an altitude greater than 400 AGL. Airflow Creations will, however, operate its UAS in cordoned off areas with security 

perimeters, providing a level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of 

Airflow Creations UAS, an equivalent level of safety will be achieved.

E. 14 C.F.R. 91.405 (a) (2); 417 (a) & (b): Maintenance Inspections.

The above cited Regulations require, amongst other things, aircraft owners and operators to “have aircraft inspected as prescribed in subpart E of this part and 

shall between required inspection, except as provided in paragraph "C" of this section, have discrepancies repaired as prescribed in part 43 of this chapter....”

These Regulations only apply to aircraft with an airworthiness certificate. Therefore, they will not apply to Airflow Creations should its requested exemption be 

granted. Airflow Creations conducts as extensive maintenance program that involves regular software updates and curative measures for any damaged hardware. 

Thus, an equivalent level of safety will be achieved.

F. Summary

Airflow Creations seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 

91.7 (a); 14 C.F.R § 91.9 (b)(2); 14 C.F.R.§ 91.103(b); 14 C.F.R.§ 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; C.F.R. § 91.151 (a); 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)(2);14 C.F.R. § 91.409 (a)(2);and 14 C.F.R.§§ 91.417 (a) & (b) to commercially 

operate its lightweight unmanned aircraft in motion picture or photography operations and to conduct its own research. Granting Airflow Creations request for 

exemption will reduce current risk levels and thereby enhance safety. 

Currently motion picture image capture relies primarily on the use of larger aircraft running combustible fuel. Airflow Creations aircraft does not contain 

potentially explosive fuel, is smaller, lighter and more maneuverable than conventional motion picture aircraft. Airflow Creations operates at lower altitudes and 

in controlled airspace. Airflow Creations has been analyzing flight data and other information in compiling novel safety protocols and the implementation of a 

flight operations manual that exceeds currently accepted means and methods of safe flight. 

There are no people on board Airflow Creations UAS and therefore the likelihood of death or serious bodily injury is significantly limited. Airflow Creations 

operation of its UAS, weighing less than 5 pounds and traveling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent level of 

safety as that achieved under current FARs.

Accordingly, Airflow Creations respectfully requests that the FAA grant its exemption request without delay. The FAA has the authority to issue the exemption 

sought by Airflow Creations pursuant to the Federal Aviation Act, 85 P.L. 726(1958), as amended (the “Act”).

Thank you for your time and consideration.

Best Regards,

Giovanni Castilhos

Owner/Operations

3838 Vinton Ave #206 Culver City, CA 90232

Tel.: (310) 936-1364

e-mail: giovanni.castilhos@gmail.com