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Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam:

I’m the owner of Fire Table Studios, a small business in Texas doing business as Fire 

Table Studios ("Fire Table Studios"). 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 1

request that Fire Table Studios, an owner and operator of small unmanned aircraft, be 

exempted from the Federal Aviation Regulations ("FARs") listed below so that Fire Table 

Studios may operate its small unmanned aircraft / lightweight unmanned aircraft 

systems ("UAS") commercially in airspace regulated by the Federal Aviation 

Administration ("FAA'').

As described herein, Fire Table Studios is a leader in capturing high definition, film 

quality aerial cinematography with small, unmanned aircraft and lightweight UASs. Fire 

Table Studios has equipped each of its small unmanned aircraft for aerial photography 

and cinematography, primarily for use in the video production and real estate industries, 

though given their stability and maneuverability, they may be used for other 

cinematography, by law enforcement personnel and by other first responders. Fire Table 

Studios' UASs are the most advanced remote control aircraft being used for these 

purposes and they are already highly regarded by noteworthy experts in the field of 

unmanned rotorcraft, as well as feature film and video content providers.

Fire Table Studios' objective is to provide cost effective aerial video systems that can be 

used to support our municipalities, and provide businesses tools needed to aid them in 

much needed business development and job creation efforts. Fire Table Studios CEO is 

a student pilot that has legally operated manned aircraft in, and has familiar knowledge 

of, our region's airspace. Fire Table Studios' UAS operations consist primarily of the use 

of commercially manufactured UASs, such as drones produced by DJI (DJI Phantom 3, 

DJI Inspire 1), and 3DR Solo, but may also include custom built UASs. The custom built 

UAS’s are built with the consultation of UAS experts with decades of model and UAS 

aircraft experience, and would always be equipped with appropriate instrumentation to 

provide telemetry and other data to the Pilot In Command (PIC) ensure safe flight and 

pilot awareness. Fire Table Studios would now like permission to fly its UASs 

commercially in the United States to capture aerial video and cinematography to help 

aid in economic development.

 112 P.L. 95 (2012). 1
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U.S. Dep't ofTransp.

June 16, 2014

Page 2 of7

Fire Table Studios' exemption request would permit its operation of lightweight, 

unmanned (piloted by remote control) and comparatively inexpensive UASs in tightly 

controlled and limited airspace. Predetermined, specifically marked areas of operation, 

cordoned off locations and corresponding enhancements to current safety controls will 

allow Fire Table Studios to operate within current safety parameters. Currently, similar 

lightweight, remote controlled UAS' are legally operated by amateurs with no flight 

experience, safety plan or controls in place to prevent accidents. It seems only logical to 

allow Fire Table Studios' experienced remote control pilots, technicians and safety crew 

to operate similar lightweight UASs. This will act to further safety protocols specific to 

lightweight UASs as Fire Table Studios acquires flight data and other information gained 

through permitted flight operations.

Granting Fire Table Studios' 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(c) of the Reform 

Act. Further, Fire Table Studios will conduct its operations in compliance with the 

protocols described herein or as otherwise established by the FAA.

For the reasons stated below, Fire Table Studios respectfully requests the grant of an 

exemption allowing it to operate lightweight, remote controlled UAS'.

1. Fire Table Studios' Contact Information:

Fire Table Studios

401 Boyd Dr., #6308

Grapevine, TX 76051

(940) 435-8052

E-Mail: marshall@firetablestudios.com

2. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Fire 

Table Studios Requests Exemption are:

• 14 CFR 21;

• 14 C.F.R. 45.23(b);

• 14 CFR 61.113 (a) & (b);

• 14 C.F.R. 91, et seq.;

• 14 CFR 407 (a) (1);

• 14 CFR 409 (a) (2); and,

• 14 CFR 417 (a) & (b). 
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3. The Extent of Relief Fire Table Studios Seeks and the Reason It Seeks Such 

Relief:

Fire Table Studios submits this application in accordance with the Reform Act, 112 P.L. 

95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent 

Fire Table Studios' contemplated commercial cinematic, video, and other flight 

operations within the national airspace system. The FAA has the authority to issue the 

exemption sought by Fire Table Studios pursuant to the Federal Aviation Act, 85 P.L. 

726 (1958), as amended (“the act").

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. Fire 

Table Studios' lightweight UASs meet the definition of "small unmanned aircraft" as 

defined in Section 331 and therefore the integration of Fire Table Studios' lightweight 

UASs are expressly contemplated by the Reform Act. Fire Table Studios would like to 

operate its lightweight UASs 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 Fire 

Table Studios. Fire Table Studios' UASs utilize 4 to 8 counter-rotating propellers for 

extreme balance, control and stability. They each weigh less than 25 pounds, including 

cinematic or other equipment. Each of Fire Table Studios’ 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. Fire Table Studios operations include both 

pilot and photographer thus allowing the pilot to act as PIC and focus attention 

completely on piloting the UAS. The pilot has its one control mechanism and a camera 

with the ability to turn 360 degrees as an emergency aid to navigation. All pilot 

operations are strictly visual line of site. In addition to the remote control pilot, Fire Table 

Studios uses a photographer with a secondary control mechanism. The photographer 

manages the primary cinema camera. A third safety observer is used when necessary 

to ensure safe flight conditions. 

Utilizing battery power, flights generally last between five and twenty minutes. Fire Table 

Studios does not operate its UASs with less than twenty five percent battery capacity. 

Safety systems in place include a GPS mode that allows Fire Table Studios' UASs to 

hover in place if communication with the radio control pilot is lost, and then slowly 
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descend the UAS at twenty five percent battery capacity. Further, Fire Table Studios' 

fleet may be programmed, in some instances, to slowly follow a predetermined set of 

waypoints at a preset altitude to return to a safety point if communications are lost.

Fire Table Studios does not operate its UASs within 3 nautical miles of the geographic 

center of airports and never in Class B, C, or D airspace. To date, Fire Table Studios 

has only operated its fleet in a non commercial manner in compliance with all FAA 

regulations. Fire Table Studios has not engaged in any commercial operations. These 

operations have been in predetermined areas and only in compliance with well regarded 

safety protocols and under the direction of those with years of non-commercial UAV and 

model aircraft experience.

Fire Table Studios' operation of its fleet of 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 Fire Table Studios' UASs, combined with the 

experience of the UAS pilots, Fire Table Studios' fleet falls within Congress' 

contemplated safety zone when it promulgated the Reform Act and the corresponding 

directive to integrate UASs into the national airspace system. Indeed, Fire Table 

Studios' UASs have a demonstrable safety record and do not pose any threat to the 

general public or national security.

4. How Fire Table Studios' Request Will Benefit the Public As A Whole:

Granting Fire Table Studios' exemption request furthers the public interest. Fire Table 

Studios intends to produce video content promoting the real estate and cinematic 

industries. Cinema quality video provides a unique perspective and tool that will aid in 

promoting business and economic development.

Additionally, Congress has already pronounced 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.

Second, Fire Table Studios conducts research into safe UAS operations every time it 

flies one of its UASs. Flight data, visual inspections, recorded observations and flight 

analyses are compiled to further enhance current safety protocols. Allowing Fire Table 

Studios to log more flight time directly relates to its ability to further enhance current 

safety measures. 

Third, the public has an interest in reducing the danger and emission associated with 

current aerial cinematic capture methods, namely, full size helicopters. Fire Table 

Studios' UASs are battery powered and create no emissions. If a Fire Table Studios 

UAS crashes there is no fuel to ignite and explode. The impact of Fire Table Studios' 

lightweight UASs is far less than a full size helicopter, notwithstanding the statistically 

noteworthy safety record of full size helicopters used in motion picture and video 

capture. The public's interest is furthered by minimizing ecological and crash impacts by 

permitting motion picture and video capture through Fire Table Studios' lightweight 

UASs. Progression of the arts and sciences has been fundamental to our society since 

its inclusion in the United States Constitution. Indeed, Congress mandated the 
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integration of UASs into our national airspace system, in part, to achieve progression in 

this noteworthy, and inevitable, field. Permitting Fire Table Studios 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 Fire Table Studios' 

exemption request substantially furthers the public's interest in ways known and 

currently unknown.

5. Reasons Why Fire Table Studios' Exemption Will Not Adversely Affect Safety or 

How The Exemption Will Provide a Level of Safety At Least Equal To Existing 

Rule:

Fire Table Studios' exemption will not adversely affect safety. Quite the contrary, for the 

reasons stated, supra, permitting Fire Table Studios to log more flight time in FAA 

controlled airspace will allow Fire Table Studios to innovate and implement new and 

novel, as of yet undiscovered safety protocols. In addition, Fire Table Studios submits 

the following representations of our current aerial video and cinematic capture 

techniques:

• Fire Table Studios' UASs weigh less than 55 pounds complete with HD picture quality 

cameras like the Blackmagic Design Cinema Camera, or the RED camera;

• Fire Table Studios only operates its UASs below 500 feet;

• Fire Table Studios' UASs only operate for 5-20 minutes per flight;

• Fire Table Studios lands its UASs when they reach 25% battery power;

• Fire Table Studios' PIC's are experienced UAS pilots with a minimum of 25 hours of 

UAS flight time and at least 10 hours in any model for which they are operating as 

PIC; 

• Fire Table Studios' PIC's operate Fire Table Studios' UASs only by line of sight;

• Fire Table Studios' PIC's have video backup should they somehow lose sight of the 

UAS;

• Fire Table Studios staffs each flight with a PIC, and photographer with communication 

systems enabling real time communication between them, and when necessary a 

third safety observer;

• Fire Table Studios' UASs have GPS flight modes whereby they hover and then slowly 

land if communication with PIC mechanism is lost or battery power is below 25%;

• Fire Table Studios actively analyses electronic flight data and other sources of 

information to constantly update and enhance safety protocols;
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• Fire Table Studios' CEO is a UAS pilot with over 20 years of experience in Radio 

Controlled (R/C) flight operations, is currently a student pilot pursuing a private pilot 

license and ensures that any pilot that flies a Fire Table Studios UAS is properly 

trained and meets the minimum flight hour requirements outlined above;

• Fire Table Studios only operates in areas that are outside of Class B, C, and D 

airspace, are at least 2 miles away from airports in other airspace;

• Fire Table Studios conducts extensive briefings prior to flight, during which safety 

carries primary importance;

• Fire Table Studios always obtains all necessary permissions prior to operation; and, 

Fire Table Studios has procedures in place to abort flights in the event of safety 

breaches or potential danger.

Fire Table Studios' 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. First, the potential loss of life is diminished because UASs 

carry no people on board and Fire Table Studios only operates them in controlled 

environments or away from unaware bystanders.

Second, there is no fuel on board a UAS and thus the potential for fire or explosions is 

greatly diminished.

Third, the small size and extreme maneuverability of Fire Table Studios' UASs allow our 

remote control pilots to avoid hazards. Lastly, given their small size and weight, even 

when close enough to capture amazing images, Fire Table Studios' UASs need not be 

so close to the objects they are focused on.

6. A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 

C.F.R. 91: Airworthiness Certificates, Manuals and the Like.

 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)(l). 

The size, weight and enclosed operational area of Fire Table Studios' UASs permits 

exemption from Part 21 because Fire Table Studios’ UASs meet an equivalent level of 

safety pursuant to Section 333 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. Fire Table Studios' UASs meet or exceed each of the elements.
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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 this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Fire Table 

Studios' UASs utilize electronic global positioning systems and internal gyroscopes to 

provide spatial coordination. The DJI Inspire 1, DJI Phantom 3, 3DR Solo, or custom 

built UASs will not have a typical barometric altimeter onboard. However, altitude 

information of the UAS will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UA 

to the GCS for active monitoring of the flight path. This altitude information, combined 

with Fire Table Studios operation of the UASs within visual line of sight, at or below 500 

feet AGL, will ensure a level of safety equivalent to Section 91.121. 

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 the Fire Table Studios' 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. Fire Table Studios' UASs are, by definition, unmanned. They 

therefore do 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, Fire Table Studios will mark its UASs 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. Fire Table Studios can achieve an equivalent level of safety as achieved by 

current Regulations because Fire Table Studios' UASs do not carry any pilots or 

passengers. Further, while helpful, a pilot license will not ensure remote control piloting 

skills, though Fire Table Studios' pilot vetting and training programs will.
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Further, Fire Table Studios’ pilots must have some demonstrated knowledge of the 

National Airspace System and will operate Fire Table Studios' UASs with the same skill. 

Further, the risks attendant to the operation of Fire Table Studios' UASs is far less than 

the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. 

Thus, allowing Fire Table Studios to operate its UASs 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. Fire Table Studios' 

UASs will never operate at an altitude greater than 500 AGL. Fire Table Studios will, 

however, operate its UASs in areas with known and secure 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 Fire Table Studios' UASs, an equivalent level 

of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above-cited Regulations require, among other things, aircraft owners and operators 

to "have [the] 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 .... “ These Regulations 

only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to 

Fire Table Studios should its requested exemption be granted. Fire Table Studios 

conducts an extensive maintenance program that involves regular software updates and 

curative measures for any damaged hardware. Therefore, an equivalent level of safety 

will be achieved. This is particularly true insofar as Fire Table Studios has researched 

and developed its own designs.

F. Summary

Fire Table Studios 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; 14 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)(l); 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 fleet of 

small unmanned vehicles and lightweight unmanned aircraft vehicles in motion picture 

or television operations, to conduct its own research and to develop economic platforms 

for law enforcement / first responders.

Granting Fire Table Studios' request for exemption will reduce current risk levels and 

thereby enhance safety. Currently, video and motion picture image capture relies 

primarily on the use of larger aircraft running on combustible fuel. Fire Table Studios' 

craft do not contain potentially explosive fuel, are smaller, lighter and more 
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maneuverable than conventional motion picture aircraft. Further, Fire Table Studios 

operates at lower altitudes and in controlled areas. Fire Table Studios 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 Fire Table Studios' UASs and therefore the likelihood of 

death or serious bodily injury is significantly limited. Fire Table Studios' operation of its 

UASs, weighting less than 25 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, Fire Table Studios respectfully requests that the FAA grant its exemption 

request without delay. 

Sincerely,

Marshall Sherman