June 8, 2015
U.S. Department ofTransportation Docket Management System 1200 New JerseyAve., SE, West Building Ground Floor, Room Wl2-140, Washington, DC 20590
Re: Request for Exemption under Section 333 ofthe FAA Modernization and Reform' Act and Part 11 ofthe 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,
Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (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 industryfor scripted closed setfilming, herebyapplies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits UA, so long as such operations are conducted within and under the conditions outlined herein or as maybe established bythe FAA as required by Section 333. Aether Films, INC requests thatthe publication and commentproceduresbe waived in accordance with 14 C.F.R. § 11.87 which states:
§ 11.87 Are there circumstances in which FAA may decide notto publish a summary ofmypetition for exemption?
The FAA maynotpublish a summary ofyour petition for exemption and request comments ifyou present or we find good cause whywe should not delay action on your petition. The factors we consider in deciding notto request comment include: (a) Whether grantingyour petition would set a precedent (b) Whetherthe reliefrequested is identical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.

1 . - lCorrespondingto the above sub-sections, Aether Films has good cause to requestthe FAA to waive the commentperiod and not delay action on the petition because: (a) Aether Films would not set anyprecedent. Exemption #'s 11062, 11063, 11064, 11065, 11066, 11067,11080, 11440,11541 are all previously granted petitions to "allow operation[s] ofunmanned aircraft systems (UAS) for the purpose ofscripted, closed-setfilming for the motion picture and television industry." Aether Films agrees to the SAME exact limitations as the above listed exemptions, which are includedbelow, "forthe purpose of scripted, closed-setfilming for the motion picture and television industry."

(b) This petition for exemption is requesting reliefidentical to the above mentioned nine petitioners. The regulations thatA ether Films is seeking relieffrom were chosen based directly upon the FAA's chartincluded in the nine exemptions mentioned in the above listing, which regulations needed exempting. This was done so thatthe FAA could waive the comment period and rapidly grantthis petition. Furthermore, much ofthis petition is copied directly from the petitions ofthe nine mentioned above specifically exemption #'s 11440 and 11541.

(c) Delayingthe granting ofthis petition would adversely affect the public, the FAA and Aether Films. The public, as well as the FAA, would be better served bythe FAA quickly grantingthis petition and therebyfreeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities. Moreover, Aether Films is eagerly seekingto startcommercial operations and is adversely affected bythe above listed regulations.

(d) The petition has been filed in a timely manner.

2As described more fully below, the requested exemption would permitthe operation ofsmall, unmanned and relatively inexpensive UAS under controlled conditions in airspace thatis: 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 industrypresently using conventional aircraft. Approval of this exemption would thereby enhance safetyand fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe 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) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safelyin the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe FAA Modernization and Reform Act. In making this determination, the Secretary is required to determine which types of

3UA do notcreate a hazard to users ofthe NAS or the public or pose a threatto national securityin light ofthe following:

• The UA's size, weight, speed, and operational capability; • Operation ofthe UA in close proximity to airports and populated areas; and, • Operation ofthe UA within visual line ofsight ofthe operator (VLOS).
Reform Act§ 333( a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." Id. § 333(c) (emphasis added). The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authorityby its terms includes exempting civil aircraft,

as the term is defined under§ 40101 ofthe Act that includes UAS's, from the requirementthat all civil aircraft must have a current airworthiness certificate. "The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe 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 ofno more than SO knots and they have the capabilityto hover, and move in the vertical and horizontal plane simultaneously. They will operate onlywithin 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 thatthe UA will "not create a hazard to users ofthe national airspace system or the public." Given the small size ofthe UA involved and the restricted sterile environment within which they will operate, Aether Films falls squarelywithin that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations ofUA to commence immediately. Also, due to the size ofthe UA and the restricted areas in which the relevant UA will operate,

4approval ofthe application presents no national securityissue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalentlevel ofsafety surroundingthe 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 ofthe requested exemptions is in the public interest Accordingly, Aether Films respectfully requests thatthe FAA grantthe requested exemption without delay.

Aircraft and Equivalent Level ofSafety:

Aether Films proposes thatthe exemption requested herein applyto 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 currentregulatory structurebecause the proposed operations represent a safety enhancementto 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 alreadybeen written and incorporated into the Operating Manual. The list oflimitations and conditions include the following:

1. The UA weighs less than 55 pounds, includingbatteries 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 NAME OF CRAFT. Proposed operations ofany other UA will require a new petition or an amendment. 2. The UA shall not be flown at a speed exceeding a ground speed of50 knots.

53. Flights mustbe operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated bythe procedures specified in the operator's manual. All altitudes reported to ATC mustbe in feetAGL. 4. The UA mustbe operated within visual line ofsight (VLOS) ofthe 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 maybe used to satisfythe VLOS requirement, as long as the PIC always maintains VLOS capability. The VO and PIC mustbe able to communicate verbally atall times. 6. The operator's manual shall be maintained and made available to the Administrator upon request. Ifa 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 mustbe followed. Otherwise, the operator mustfollow 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 presentupdated and revised documents to the Administrator upon request. The operator must also present updated and revised documents ifit petitions for extension or amendment. Ifthe operator determines that any update orrevision would affect the basis ofthis exemption, then the operator must petition for amendmentto their exemption. The FAA's UAS Integration Office (AFS-80) maybe contacted ifquestions arise regarding updates or revisions to the operator's manual. 7. Prior to each flight the PIC must inspectthe UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraftis prohibited from operatinguntil 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 preflightinspection. All maintenance and alterations shall be properly documented in the aircraftrecords.

68. Any UAS thathas undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional testflight in accordance with the operator's manual. The PIC who conducts the functional test flight must make an entryin the UAS aircraft records ofthe flight. The requirements and procedures for a functional testflight and aircraft record entryare 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 currentthird-class medical certificate. The PIC must also meetthe 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 ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistentwith 14 C.F.R. § 61.51 (b), a minimum of200 flight cycles and 25 hours oftotal time as a UAS rotorcraftpilot and at leastten hours logged as a UAS pilotwith 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-buildingflights can also be conducted underthis 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 ofmotion picture filming, the PIC musthave accumulated and logged, in a manner consistentwith 14 C.F.R.

7§ 61.51 (b), a minimum offive hours as UAS pilot operatingthe make and model ofUAS to be utilized for operations underthe exemption and three take-offs andthree landings in the preceding 90 days. During training, proficiency, experience-building, andtake-offand 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 ofmotion 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 bythe operator and shall be implemented by a qualified person designated atthe sole discretion ofthe operator.A record ofcompletion of this qualification process mustbe documented and made available to the Administrator upon request. 14. Prior to operations conducted for the purpose ofmotion picture filming, a flight demonstration, administered byan operator-approved and qualified pilot mustbe successfully completed and documented. This documentation mustbe available for review upon requestbythe Administrator. Because the knowledge and airmanship test qualifications have been developed bythe operator, the petitionerwill conductthese 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 ofa UAS failure or emergency. 16. The UA maynot be operated directly over any person, except authorized and consenting production personnel, below an altitude thatis hazardous to persons or property on the surface in the event ofa UAS failure or emergency. 17. Regarding distance from non-participatingpersons, the operator must
ensure thatno persons are allowed within 500 feet ofthe area exceptthose

8consentingto be involved and necessary for the filming production. This provision maybe reduced to no less than 200 feet ifitwould not adversely affect safety and the Administrator has approved it. For example, an equivalentlevel ofsafety maybe determined by an aviation safety inspector's evaluation ofthe filming production area to note terrain features, obstructions, buildings, safetybarriers, etc. Such barriers mayprotect nonparticipating persons (observers, the public, news media, etc.) from debris in the eventofan accident. This is also consistentwith the same FAA Order 8900.1, V3, C8, S1. 18. Ifthe UA loses communications or loses its GPS signal, the UA mustreturn to
a predetermined location within the securityperimeter and land or be recovered in accordance with the operator's manual. 19. The UA must abortthe flight in the event ofunpredicted obstacles or emergencies in accordance with the operator's manual. 20. Each UA operation mustbe 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 ofWaiver orAuthorization (COA) prior to conducting any operations under this grantofexemption. This COA will also require the operatorto requesta Notice to Airman (NOTAM) notmore than 72 hours in advance, but not less than 48 hours priorto the operation. 22. All aircraft operated in accordance with this exemption mustbe identified by serial number, registered in accordance with 14 C.F.R. part47, and have identification (N-Number) markings in accordance with 14 C.F.R. part45, subpart C. Markings mustbe as large as practicable. 23. The operator has developed procedures to document and maintain a record ofthe UA maintenance, preventative maintenance, alterations, status of replacement/overhaul componentparts, and the total time in service ofthe UA. 24. Each UA must complywith all manufacturer Safety Bulletins and firmware updates.

925. The operator has developed UA technician qualification criteria and theyare included in the operator's manual. 26. The preflightinspection accounts for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevantpreflight inspection sections ofthe operator's manual. 27. The radio frequency spectrum used for operation and control ofthe UA complies with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. At leastthree days before scheduled filming, the operator ofthe UAS affected bythis exemption must submita written Plan ofActivities to the local FSDO withjurisdiction over the area ofproposed filming. The 3-daynotification maybe waived with the concurrence ofthe FSDO. The requirements for a plan ofactivities and a sample form are in the operator's manual. 29. The documents required under 14 C.F.R. § 91.9 and§ 91.203 mustbe available to the PIC atthe ground control station ofthe UAS any time the aircraft is operating. These documents mustbe made available to the Administrator or anylaw enforcement official upon request. 30. The UA mustremain clear and yield the right ofwayto all other manned operations and activities atall times (including, but notlimited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 31. UA operations may notbe conducted during night, as defined in 14 C.F.R. § 1.1. All operations mustbe conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 32. The UA cannotbe operatedbythe PIC from anymoving device orvehicle. 33. The UA may notbe 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 Dairspace withoutwritten approval from the FAA. The UA maynot operate within 5 nautical miles ofthe geographic center ofa nontowered airport as denoted on a current FAApublished aeronautical chartunless a letter ofagreement with that airport's



### 10management is obtained, and the operation is conducted in accordance with

a NOTAM as required bythe operator's COA. The letter ofagreement with the airport management mustbe made available to the Administrator upon request. 35. Any 1) incident, 2) accident, or 3) flight operation thattransgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA mustbe reportedto the Federal Aviation Administration's (FAA) UAS Integration Office (AFS-80) within 24 hours. Accidents mustbe reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may notbe conducted until the incident, accident, or transgression is reviewed byAFS-80 and authorization to resume operations is provided.

Unless otherwise specified bythe Administrator, the PIC, and operator mustcomply with all applicable parts of 14 C.F.R. including, butnotlimited to, parts 45, 47, 61, and 91.


### Statutory Criteria Provided in section 333:

The UA proposed to be operated byAether 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 byboth the operator, pursuantto the criteria in the operator's manual, and underthe requirements and in compliance with local public safety requirements, to provide securityfor the area ofoperation

as is now done with conventional filming. The FAA will have advance notice ofall operations and has issued the aforementioned list ofconditions and limitations. These safetyenhancements, which alreadyapplyto civil aircraft operated in connection with motion picture and television production, provide a greater degree

11ofsafetyto the public and property owners than conventional operations. Lastly, application ofthese same criteria demonstrates thatthere is no credible threatto national securityposed bythe UAS, due to its size, speed ofoperation, location of operation, lack ofexplosive materials or flammable liquid fuels, and inabilityto carry a substantial external load. The Federal Aviation Act (49 U.S.C.§ 44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate withoutthe 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 ofsafety checklists prior to each flight, will provide an equivalentlevel ofsafety. 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 carrycertification and registration documents or to display them on the unmanned aircraft. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UA will have immediate access to them. Given the size ofthe 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


### 12achieve the equivalent level ofsafety ofcurrent operations byrequiring the PIC operatingthe aircraftto have a private pilot's license ratherthan a commercial pilot's license to operate this small UAS. Unlike a conventional aircraftthat carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as setforth in the Operating Manual. The level ofsafety provided bythe 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 ofthe UAS are so diminished from the level ofriskassociated with commercial operations contemplated by Part 61 when drafted, thatallowing operations ofthe UAS as requested with a private pilot as the PIC exceeds the present level ofsafety 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 ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated atless than the minimums prescribed, provided the person operatingthe helicopter complies with any route or altitudes prescribed for helicopters bythe FAA As this exemption is for a UAS thatis

a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption maybe 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 securityperimeter, where buildings and people will notbe exposed to operations withouttheir pre-obtained consent. The equivalentlevel ofsafetywill 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 ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected

13individuals will be aware ofthe planned flight operations as setforth in ofthe Operating Manual. Compared to flight operations with aircraft orrotorcraft weightingfar 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 presentlypresented with conventional aircraft operating at orbelow 500 AGL in the movie industry. In addition, the low-altitude operations ofthe UAS will ensure separation between these small UAS operations and the operations ofconventional aircraft that mustcomplywith Section 91.119.

14 C.F.R. § 91.121: ALTIMETER SETTINGS

This regulation requires each person operating an aircraft to maintain cruising altitude byreference to an altimeter thatis set"

... to the elevation ofthe 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 maybe needed. An equivalentlevel ofsafetywill be achieved bythe operator, pursuantto the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicatorbefore 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 ofintended landing, and, assuming normal cruising speed

- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly after thatfor at least45 minutes." The battery poweringthe UAS provides approximately40 minutes of powered flight. To meetthe 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 VAS's proposed flight area and the location ofits proposed

14operations 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 ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate withoutcompliance 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 ofreserve fuel, does not engender the type ofrisks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe 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 ofsafety can be achieved by limiting flights to 30 minutes or 25% ofbattery powerwhichever 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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

..."and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalentlevel ofsafety will be achieved because these small UAS's are verylimited in size and will carrya small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the UAS can land immediatelyand will be operatingfrom no higher than 400 feetAGL. As provided in the Operating Manual,

15the operator will ensure thatthe UAS is in working order prior to initiating flight, will perform required maintenance, and will keep a log ofanymaintenance performed. Moreover, the operatoris the person mostfamiliar with the aircraft and best suited to maintain the aircraftin an airworthy condition to provide the equivalent level ofsafety Pursuant to 14 C.F.R. Part 11, the following summaryis provided for publication in the Federal Register, should itbe determined thatpublication 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 (SSlbs. or less) in motion picture and television operations.
Approval ofexemptions allowing commercial operations ofUAS's in the film industrywill enhance safetybyreducingrisk Conventional film operations, using jetorpiston power aircraft, operate atextremely low altitudesjustfeet from the subjectbeingfilmed and in extreme proximityto people and structures; and present the risks associated with aircraft that weigh in the neighborhood of4,000 lbs., carrying large amounts ofjetAor other fuel (140 gallons for jethelicopters shown below). Such aircraftmust fly to and from the film location. In contrast, a UAS weighing fewer than 55 lbs. and poweredbybatteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The UAS is carried to the film set and not flown. The UAS will carryno passengers or crew; therefore, itwill not expose them to the risks associated with manned aircraft flights. The operation ofsmall UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalentlevel ofsafety supportingthe grant ofthe exemptions requested herein. These lightweight aircraft

16operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far saferthan conventional operations conducted with turbine helicopters operatingin close proximityto the ground and people.
Privacy:

All flights will occur over private or controlled access propertywith the property owner's prior consent and knowledge. Filming will be ofpeople who have also consented to beingfilmed or otherwise have agreed to be in the area where filming will take place. The grant ofthis exemption requestwill provide improved safety over the use ofmanned aircraft. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012- size, weight, speed, operatingcapabilities, proximityto airports and populated areas and operation within visual line ofsight and national security- provides more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's UAS inthe motion picture andtelevision industrypursuantto the Operating Manual appended hereto.

All the best, 

# ·2./&?

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



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