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 

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

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

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

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

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(the Reform Act) and 14 C.F.R. Part 11, Aether Films, INC developer and operator of 

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

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

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

commercial operation of its UA, so long as such operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. 

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

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

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

summary of my petition for exemption? 

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

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

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

(a) Whether granting your petition would set a precedent 

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

previously. 

(c) Whether our delaying action on your petition would affect you adversely. 

(d) Whether you filed your petition in a timely manner. 

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

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

because: 

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

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

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

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

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

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

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

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

mentioned nine petitioners. The regulations that A ether Films is seeking 

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

nine exemptions mentioned in the above listing, which regulations needed 

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

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

directly from the petitions of the nine mentioned above specifically 

exemption #'s 11440 and 11541. 

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

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

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

limited FAA resources and allowing FAA inspectors to dedicate their time 

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

seeking to start commercial operations and is adversely affected by the 

above listed regulations. 

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

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As described more fully below, the requested exemption would permit the 

operation of small, unmanned and relatively inexpensive UAS under controlled 

conditions in airspace that is: 1) limited; 2) predetermined; 3) controlled as to 

access; and, 4) would provide safety enhancements to the already safe operations in 

the film and television industry presently using conventional aircraft. Approval of 

this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities to "establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system." Section 333(c) of the Reform Act. 

Petitioner's Contact Info: 

Aether Films 

Attn: Kyle Bullington 

Phone: 650-455-7752 

Email: kbullington@aethervideo.com 

Address: 737 Bryant Street, Palo Alto, CA 94301 

Regulations from which the exemption is requested: 

• 14 C.F.R. § 61.113(a) & (b) 

•14 C.F.R. § 91.119(c) 

• 14 C.F.R. § 91.121 

• 14 C.F.R. § 91.151(a)(1) 

• 14 C.F.R. § 91.405(a) 

• 14 C.F.R. § 91.407(a)(1) 

• 14 C.F.R. § 91.409(a)(1) & (2) 

•14 C.F.R. § 91.417(a) & (b) 

This exemption application is expressly submitted to fulfill Congress' goal in 

passing Section 333( a) through (c) of the Reform Act. This law directs the Secretary 

of Transportation to consider whether certain unmanned aircraft systems may 

operate safely in the national airspace system (NAS) before completion of the 

rulemaking required under Section 332 of the FAA Modernization and Reform Act. 

In making this determination, the Secretary is required to determine which types of 

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UA do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following: 

• The UA's size, weight, speed, and operational capability; 

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

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

Reform Act§ 333( a). Lastly, if the Secretary determines that such vehicles "may 

operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system." 

Id. § 333(c) (emphasis added). 

The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting civil aircraft, 

as the term is defined under§ 40101 of the Act that includes UAS's, from the 

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

"The Administrator may grant an exemption from a requirement of a 

regulation prescribed under subsection (a) or (b) of this section or any sections 

44702-44716 of this title if the Administrator finds the exemption in the public 

interest." 49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(b). 

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

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

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

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

described in the Confidential Motion Picture and Television Operations Manual and 

Flight Operations and Procedures Manual which is being mailed in separately 

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

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

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

within which they will operate, Aether Films falls squarely within that zone of safety 

(an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UA to commence immediately. Also, due 

to the size of the UA and the restricted areas in which the relevant UA will operate, 

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approval of the application presents no national security issue. Given the clear 

direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts, including reduced emissions associated with 

allowing UA for movie and television operations, the grant of the requested 

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

that the FAA grant the requested exemption without delay. 

Aircraft and Equivalent Level of Safety: 

Aether Films proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations listed 

herein. These limitations provide for at least an equivalent or even higher level of 

safety to operations under the current regulatory structure because the proposed 

operations represent a safety enhancement to the already safe movie and television 

filming operations conducted with conventional aircraft. 

These limitations and conditions, taken directly from the nine exemptions 

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

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

conducting commercial UA operations. These limitations have already been written 

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

include the following: 

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

Operations requested in this petition for exemption are limited to the 

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

NAME OF CRAFT. Proposed operations of any other UA will require a new 

petition or an amendment. 

2. The UA shall not be flown at a speed exceeding a ground speed of 50 knots. 

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3. Flights must be operated at an altitude of no more than 400 feet above 

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

manual. All altitudes reported to ATC must be in feetAGL. 

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

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

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

medical certificate. 

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

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

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

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

Administrator upon request. If a discrepancy exists between the conditions 

and limitations in this exemption and the procedures outlined in the 

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

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

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

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

and present updated and revised documents to the Administrator upon 

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

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

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

must petition for amendmentto their exemption. The FAA's UAS Integration 

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

revisions to the operator's manual. 

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

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

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

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

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

preflight inspection. All maintenance and alterations shall be properly 

documented in the aircraft records. 

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8. Any UAS that has undergone maintenance or alterations that affect the UAS 

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

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

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

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

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

in the operator's manual. 

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

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

An aircraft maintenance manual with maintenance/component/overhaul, 

replacement, and inspection/maintenance requirements has been 

established and included in the operator's manual. 

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

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

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

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

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

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

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

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

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

documented flight experience that was obtained in compliance with 

applicable regulations may satisfy this requirement. Training, proficiency, 

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

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

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

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

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

accordance with 14 C.F.R. § 91.119. 

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

PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. 

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§ 61.51 (b), a minimum of five hours as UAS pilot operating the make and 

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

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

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

persons not essential for flight operations are considered nonparticipants, 

and the PIC must operate the UA with appropriate distance from 

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

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

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

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

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

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

this qualification process must be documented and made available to the 

Administrator upon request. 

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

flight demonstration, administered by an operator-approved and qualified 

pilot must be successfully completed and documented. This documentation 

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

knowledge and airmanship test qualifications have been developed by the 

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

operator's manual. 

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

consenting production personnel, below an altitude that is hazardous to 

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

emergency. 

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

consenting production personnel, below an altitude that is hazardous to 

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

emergency. 

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

ensure that no persons are allowed within 5 00 feet of the area except those 

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consenting to be involved and necessary for the filming production. This 

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

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

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

evaluation of the filming production area to note terrain features, 

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

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

8900.1, V3, C8, S1. 

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

a predetermined location within the security perimeter and land or be 

recovered in accordance with the operator's manual. 

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

emergencies in accordance with the operator's manual. 

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

25% battery power remaining, whichever occurs first. 

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

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

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

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

than 48 hours prior to the operation. 

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

serial number, registered in accordance with 14 C.F.R. part47, and have 

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

subpart C. Markings must be as large as practicable. 

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

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

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

UA. 

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

updates. 

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

included in the operator's manual. 

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

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

inspection sections of the operator's manual. 

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

complies with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

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

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

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

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

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

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

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

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

Administrator or any law enforcement official upon request. 

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

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

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

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

1.1. All operations must be conducted under visual meteorological conditions 

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

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

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

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

the PIC 

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

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

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

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

a NOT AM as required by the operator's CO A. The letter of agreement with the 

airport management must be made available to the Administrator upon 

request. 

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

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

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

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

reported to the National Transportation Safety Board (NTSB) per 

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

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

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

is provided. 

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

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

and 91. 

Statutory Criteria Provided in section 333: 

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

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

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

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

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

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

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

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

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

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

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

11 
of safety to the public and property owners than conventional operations. Lastly, 

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

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

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

carry a substantial external load. 

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

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

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

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

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

airworthiness certificate, in the restricted environment and under the conditions 

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

rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed. 

As there will be no airworthiness certificate issued for the unmanned 

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

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

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

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

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

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

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

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

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

airframe in as large a font as possible. 

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

PILOT IN COMMAND. 

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

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

12 
achieve the equivalent level of safety of current operations by requiring the PIC 

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

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

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

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

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

provided by the requirements included in the Operating Manual exceeds that 

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

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

diminished from the level ofriskassociated with commercial operations 

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

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

by 14 C.F.R. § 61.113 (a) & (b). 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. 

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

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

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

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

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

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

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

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

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

without their pre-obtained consent. 

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

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

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

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

13 
individuals will be aware of the planned flight operations as set forth in of the 

Operating Manual. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55 lbs. proposed herein and the lack of 

flammable fuel, any risk associated with these operations is far less than those 

presently presented with conventional aircraft operating at or below 500 AGL in the 

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

separation between these small UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119. 

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

This regulation requires each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set" ... to the elevation of the 

departure airport or an appropriate altimeter setting available before departure." 

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, 

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

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

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

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

Section 91.151 (a) prohibits an individual from beginning "a flight in an 

airplane under VFR conditions unless (considering wind and forecast weather 

conditions) there is enough fuel to fly to the first point of intended landing, and, 

assuming normal cruising speed - (1) During the day, to fly after that for at least 30 

minutes; or (2) At night, to fly after that for at least 45 minutes." 

The battery powering the UAS provides approximately 40 minutes of 

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

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

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

14 
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 ofprior exemptions. See Exemption 10673 (allowing Lockheed 

Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating 

the small UAS, in a tightly controlled area where only people and property owners 

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

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

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

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

exemption will be granted. 

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

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

restriction would be more than adequate to return the UAS to its planned landing 

zone from anywhere in its limited operating area. Similar exemptions have been 

granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808 

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

MAINTENANCE INSPECTIONS 

These regulations require that an aircraft operator or owner "shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter ... " and others shall inspect or 

maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to the applicant. An 

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

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

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

operating from no higher than 400 feetAGL. As provided in the Operating Manual, 

15 
the operator will ensure that the UAS is in working order prior to initiating flight, 

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

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

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

equivalent level of safety 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for 

publication in the Federal Register, should it be determined that publication is 

needed: 

Applicant seeks an exemption from the following rules: 

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

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

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

operations. 

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

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

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

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

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

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

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

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

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

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

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

flights. 

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

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

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

16 
operate at slow speeds, close to the ground, and in a sterile environment and, as a 

result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. 

Privacy: 

All flights will occur over private or controlled access property with the 

property owner's prior consent and knowledge. Filming will be of people who have 

also consented to being filmed or otherwise have agreed to be in the area where 

filming will take place. The grant of this exemption request will provide improved 

safety over the use of manned aircraft. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012-

size, weight, speed, operating capabilities, proximity to airports and populated areas 

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

adequate justification for the grant of the requested exemptions allowing 

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

industry pursuant to the Operating Manual appended hereto. 

All the best, 

·2./&? ....................... .. Kyle Bullington 

Director of Marketing and Content Strategy 

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