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Henry H. Perritt, Jr.

Attorney at Law

1131 Carol Lane

Glencoe, IL 60022

hperritt@gmail.com

(312) 504-5001

6 July 2015

Hon. Michael Huerta

Administrator

Federal Aviation Administration

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Summary Exemption Request under Section 333 of the FAA Reform Act and Part 11 

of the Federal Aviation Regulations from certain parts of the FARs.

Dear Administrator Huerta:

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

“Reform Act”) and 14 C.F.R. Part 11, Octofilms, LLC, a California limited liability 

company (“Octofilms” or the “Petitioner”), hereby applies for a summary exemption 

from the listed Federal Aviation Regulations (“FARs”) to allow it to operate small 

Unmanned Aircraft Systems (“sUAS”) for aerial data collection, , including, but not 

limited to commercials, music videos, events, and construction site and building videos; 

training in sUAS operations; and closed-set motion picture and television production,

under the conditions and limitations set forth in this Petition.

The requested exemption would permit the operation of small, unmanned and 

relatively inexpensive sUAS under controlled conditions in airspace that is (1) limited,

(2) predetermined, and (3) would provide safety enhancements to the already safe 

operations presently using manned helicopters and airplanes. Approval of this 

exemption would thereby enhance safety and fulfill the FAA Administrator’s 
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responsibilities to “...establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Octofilms, LLC

Attn: Shane Latham

2021 Grismer Ave. #30

Burbank, CA 91504

Correspondence should be directed to:

Henry H. Perritt, Jr.

Attorney at Law

1131 Carol Lane

Glencoe, IL 60022

hperritt@gmail.com

(312) 504-5001

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. § 45.23(b)

14 CFR § 61.3

14 C.F.R. § 91.7 (a)

14 CFR § 91.9 (b) (2)

14 C.F.R. § 91.103

14 C.F.R. § 91.109

14 C.F. R. § 91.119

14 C.F.R. § 91.121

14 CFR § 91.151 (a)

14 CFR § 91.203 (a) & (b)
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14 CFR § 91.205(b) 

14 CFR § 91.215 

14 CFR § 91.405 (a)

14 CFR § 407 (a) (1)

14 CFR § 409 (a) (2)

14 CFR § 417 (a) & (b)

Appendix 1 describes the FARs from which an exemption is requested and summarizes 

the justification for each requested exemption. 

The Petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the 

Reform Act, which 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 Reform Act. In 

making this determination, the Administrator must determine which types of UASs 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 UAS’s size, weight, speed, and operational capability;

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

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). 

If the Administrator 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 Secretary has delegated his aviation authority to the Administrator of the FAA.

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions 

from its regulatory requirements for civil aircraft, a term defined under § 40101 of the 

Act, which includes sUASs. The Administrator may grant an exemption from a 

requirement of a regulation prescribed under subsection (a) or (b) of this section or any 
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sections 44702-44716 of the Federal Aviation Act if Administrator finds the exemption 

in the public interest. 49 U.S.C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704; 14 

CFR §91.203 (a) (1).

Octofilms, LLC, is a California limited liability company (CA Secretary of State entity

no. 201514210029). It provides a variety of photographic, video, gimbal, and recording 

systems to collect digital imagery. Octofilms uses the latest in brushless gimbal 

technology to ensure imagery that is the most stable, and highest quality 

possible. Based in the Los Angeles area, Octofilms and its proprietor, Shane Latham, 

have worked with more than 600 companies, including NBC, National Geographic, 

Nike, GMC, Chevy, Corvette, BMW, Sheraton Hotels & Resorts, Coldwell Banker, 

Encore, DefJam Recordings, and Red Bull.

Octofilms has been operating for 3 1/2 years and has been a leader in its industry in 

helping pave the way for safe operation of drones. Octofilms is sponsored by both DJI 

and 3DR and has been called upon these companies to test and give feedback on their 

drones before they hit the market.

Shane Latham, the proprietor of Octofilms has been flying RC helicopters and drones, 

including many multicopters, for over 14 years. He has over 14,000 flights with no

crashes or injuries. 

Octofilms and Latham have been asked to speak at several panels in the drone industry 

to discuss working in the TV/Film industry and safety and holds classes on how to 

operate drones safely.

Octofilms is covered with $5 million in liability insurance with no claims filed.

Octofilms customers operate in a highly competitive environment, in which use of the 

latest video capture, digital signal processing, and wireless technologies are crucial for 

success. They recognize that drone-captured video imagery represents a new tool that 

must be added to their capabilities. Few firms in the industry are as well-equipped as 

Octofilms to meet this need.

Pending promulgation of the FAA's final rule for small unmanned aircraft systems, 

Octofilms needs to remain competitive by demonstrating to its customers the 

capabilities of sUAS when they are tied into existing production and communication 
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infrastructures. This must be done in a real-world commercial setting, in which the 

drone imagery is intended for integration into the finished package. 

Few competing firms in southern California are as well-equipped as the Petitioner to 

offer sUAS training and commercial aerial data collection.

The Petitioner has been advised by counsel that these activities are not now permissible 

unless it obtains special permission from the FAA. A top priority for television 

networks stations to find drone operators that understand television workflow and can 

integrate their work product into it. Octofilms is far better positioned than the usual 

applicant for a section 333 exemption to meet this need. Working with its customers in a 

commercial context, Octofilms can help the industry refine the specific technology 

applications that will provide the best support for aerial photography and videography.

Octofilms’s competition comprises not only the many drone operators who have 

obtained section 333 exemptions, many of which will engage in aerial photography; it 

also comprises many other operators who do not have section 333 exceptions or other 

approvals. If Octofilms is shut out of this market because of its commitment to follow 

the law while this irregular competition flourishes, the result will be bad for both 

economic growth and aviation safety.

Petitioner also notes and has read the congressional mandate in sections 332 and 333 of 

the FAA Revitalization and Reform Act of 2012 that the FAA move quickly to 

accommodate the economic and societal benefits that can result from widespread 

deployment of sUAS technology. Accordingly, Petitioner applies for authorization 

under the Federal Aviation Act, and the FARs rules to undertake the following activities 

for commercial purposes. Unless the Petition is granted, Petitioner will be at a 

significant competitive advantage if it, as it prefers, complies with FAA policy.

Vehicles

The Petitioner will fly the following sUAS:

 Cinestar 8 with A2 flight controller:

 DJI Inspire 

 DJI Phantom 

 DJI Phantom 3
6

 DJI S900 with A2 flight controller

 DJI S800 with A2 flight controller 

 3Drobotics Solo

All of these vehicles have built in capability to limit the height they fly above the 

ground, to limit the distance the fly from the operator, and to exclude them from class 

B, C, and D airspace. The vehicles also have the built-in capability to return to the 

launching point if the wireless control link is interrupted or if the operator attempts to 

exceed any of the height, radius, or airspace limitations programmed into it.

The FAA has granted section 333 exemptions for these vehicles. See, e.g. First Flight 

Photography, LLC, Exemption No. 11260, Regulatory Docket No. FAA−2014−0736 (as 

amended 14 April 2015) (DJI Spreading Wings S1000; DJI Inspire).

Appendix 2 provides specifications for the vehicles.

Flight profiles

The Petitioner will program its aircraft so that they will not fly above 400 feet above 

ground level, or more than 1500 feet away from the operator. The operator will 

carefully preflight the vehicle before each mission to assure that its compass and GPS 

system are properly calibrated and that the return-to-home feature, altitude, and radius 

limitations work.

The operator will operate its vehicles on aerial data collection, aerial photography and 

videography, training, and closed-set motion picture and television production

missions only under the following circumstances:

1. The UA will not be operated at a speed exceeding 87 knots (100 miles per hour). 

In no case will the UA be operated at airspeeds greater than the maximum UA 

operating airspeed recommended by the aircraft manufacturer.

2. The UA will be operated at an altitude of no more than 400 feet above ground 

level (AGL). Altitude will be reported in feet AGL.

3. The UA will be operated within visual line of sight (VLOS) of the PIC at all times. 

The PIC will use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. 

driver’s license.
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4. All operations will utilize a visual observer (VO). The UA will be operated 

within the visual line of sight (VLOS) of the PIC and VO at all times. The VO 

may be used to satisfy the VLOS requirement as long as the PIC always 

maintains VLOS capability. The VO and PIC will be able to communicate orally 

at all times; electronic messaging or texting will not occur during flight 

operations. The PIC will be designated before the flight and will not transfer his 

or her designation for the duration of the flight. The PIC will ensure that the VO 

can perform the duties required of the VO.

5. The requested exemption and all documents needed to operate the UAS and 

conduct its operations in accordance with the conditions and limitations of the 

requested grant of exemption are hereinafter referred to as the operating 

documents. The operating documents will be accessible during UAS operations 

and will be 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 operating documents, the conditions and limitations 

will take precedence and be followed. Otherwise, the operator will follow the 

procedures as outlined in its operating documents. The operator may update or 

revise its operating documents, and track such revisions and present updated 

and revised documents to the Administrator or any law enforcement official 

upon request. 

6. If the operator determines that any update or revision would affect the basis 

upon which the FAA granted the requested exemption, the operator will petition 

for an amendment to its grant of exemption. 

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

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

will undergo a functional test flight prior to conducting further operations under 

the requested exemption. Functional test flights will only be conducted by a PIC 

with a VO and will remain at least 500 feet from other people. The functional test 

flight will be conducted in such a manner so as not to pose an undue hazard to 

persons and property.

8. The operator will maintain and inspect the UAS to ensure that it is in a condition 

for safe operation.

9. Prior to each flight, the PIC will conduct a pre-flight inspection and determine 

the UAS is in a condition for safe flight. The pre-flight inspection will account for 
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all potential discrepancies, e.g. inoperable components, items, or equipment. If 

the inspection reveals a condition that affects the safe operation of the UAS, the 

aircraft will not be operated until the necessary maintenance has been performed 

and the UAS is found to be in a condition for safe flight.

10. The operator will follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components.

11. Each UAS operated under the requested exemption will comply with all 

manufacturer safety bulletins.

12. All PICs will hold either an airline transport, commercial, private, recreational, or 

sport pilot certificate. The PIC will also hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government. The 

PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in 

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

13. The operator will not permit any PIC to operate unless the PIC demonstrates the 

ability to operate the UAS safely in a manner consistent with how the UAS will 

be operated under this exemption, including evasive and emergency maneuvers 

and maintaining appropriate distances from persons, vessels, vehicles and 

structures. PIC qualification flight hours and currency will be logged in a manner 

consistent with 14 CFR § 61.51(b). Flights for the purposes of training the 

operator’s PICs and VOs (training, proficiency, and experience-building) and 

determining the PIC’s ability safely to operate the UAS in a manner consistent 

with how the UAS will be operated under this exemption will occur under the 

terms of the requested exemption. Training operations will only be conducted 

during dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC will operate the UA with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119.

14. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. 

All operations will be conducted under visual meteorological conditions (VMC). 

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

15. The UA will not operate within 5 nautical miles of an airport reference point 

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for 
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airports not denoted with an ARP, the center of the airport symbol as denoted on 

the current FAA-published aeronautical chart, unless a letter of agreement with 

that airport’s management is obtained or otherwise permitted by a COA issued 

to the exemption holder. The letter of agreement with the airport management 

will be made available to the Administrator or any law enforcement official upon 

request.

16. The UA will 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.

17. If the UAS loses communications or loses its GPS signal, the operator will cause 

the UA to return to a predetermined location within the private or controlledaccess property.

18. The PIC will abort the flight in the event of unpredicted obstacles or

emergencies.

19. The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough available power for the UA to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

20. All operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder will apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the COA attached to the 

requested exemption.

21. All aircraft operated in accordance with this exemption will be identified by 

serial number, registered in accordance with 14 CFR part 47, and have 

identification (N-Number) markings in accordance with 14 CFR part 45, Subpart 

C. Markings will be as large as practicable.

22. Documents used by the operator to ensure the safe operation and flight of the 

UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be 

available to the PIC at the Ground Control Station of the UAS any time the 

aircraft is operating.

23. These documents will be made available to the Administrator or any law 

enforcement official upon request.

24. The UA will remain clear and give way to all manned aviation operations and 

activities at all times.
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25. The UAS will not be operated by the PIC from any moving device or vehicle.

26. All Flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The 

operator will ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations will cease 

immediately in a manner ensuring the safety of nonparticipating persons’ 

and

b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a 

safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard.

27. The PIC, VO, operator trainees, or essential persons are not considered 

nonparticipating persons under the requested exemption.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be 

reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board (NTSB) 

according to instructions contained on the NTSB Web site: www.ntsb.gov. 

29. Further to protect the interests of the operators of other aircraft and of persons 

and property on the ground, Petitioner will maintain liability insurance coverage 

for all of its sUAS operations.

For closed-set motion picture and television production, the Petitioner will adhere to 

the following limitations:

30. The operator will have a motion picture and television operations manual 

(MPTOM). 

31. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption will submit a written Plan of Activities to the local Flight Standards 7 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-

day notification may be waived with the concurrence of the FSDO. The plan of 

activities must include at least the following: 
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a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation 

of the UAS; 

d. Make, model, and serial or N−Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, 

city, town, county, and/or state over which filming will be conducted and the 

altitudes essential to accomplish the operation. 

32. Flight operations may be conducted closer than 500 feet from participating 

persons consenting to be involved and necessary for the filming production, as 

specified in the exemption holder’s MPTOM. 

Unless otherwise specified in the grant of exemption, the UAS, the UAS PIC, and the 

UAS operations will comply with all applicable parts of 14 CFR including, but not 

limited to, parts 45, 47, 61, and 91.

The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the 

Reform Act relating to size, weight, speed, operating capabilities, proximity to airports 

and populated areas and operation within visual line of sight and national security. The 

Petition justifies grant of the requested exemptions allow the Petitioner to obtain aerial 

photography with its sUAS.

Granting the petition would be in the public interest because:
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1. The Congress of the United States has determined that early accommodation of 

sUAS into the National Airspace System advances the public interest. The 

Committee Report leading the House to adopted H.R. 658 said: 

"The successful integration of unmanned aircraft systems (UAS) into the 

National Airspace System (NAS) can support more than 23,000 high-paying jobs 

in the United States. . . . The absence of a plan to integrate UASs into the NAS is a 

barrier to such job creation . . . ."1

Granting the Petition represents a step toward such integration, in the absence of 

a comprehensive regulatory regime for sUAS, and thus would serve the 

Congressional goal and the public interest.

2. Granting the Petition would facilitate the creation, display, and public distribution 

of art, long recognized as advancing the public interest. They are at the core of the 

activities that the First Amendment to the United States Constitution seeks to 

promote and to protect from governmental restrictions.

Creative photography and video art fall well within the First Amendment’s 

protections. "Entertainment, as well as political and ideological speech, is 

protected; motion pictures, programs broadcast by radio and television, and live 

entertainment, such as musical and dramatic works fall within the First 

Amendment guarantee. "2

 

1

 H. R. Rep. 112-29 on H.R. 658, 112th Cong., 1st Sess. at 116. The House-Senate 

Conference Committee on the FAA Modernization and Reform Act of 2012 

recommended amendments to H.R. 658 in lieu of amendments adopted by the Senate. 

Conference Report to Accompany H.R. 658, H.R. Rep. 112-381, 112th Cong., 2d Sess., at 

p. 1 (Feb. 1, 2012).

2

 Schad v. Borough of Mount Ephraim, 452 U.S. 61, 65 (1981); White v. City of Sparks, 

500 F.3d 953, 956 (9th Cir. 2007) (holding that self-expression through painting is 

protected by the First Amendment; rejecting city's argument that protection requires a 

political message); Hoffman v. Capital Cities/ABC, Inc., 255 F.3d 1180 (9th Cir. 2001) 

(reversing judgment for plaintiff; use of photograph of actor as part of fashion article

was protected by First Amendment despite commercial purpose); Edme v. Internet 

Brands, Inc., 968 F. Supp.2d 519, 529-530 (E.D. N.Y. 2013) (denying summary judgment 

on statutory right of publicity claim; "newsworthy" broadly construed to allow public to 
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3. Granting the petition would enable Petitioner to demonstrate the commercial 

viability of creating art with new aeronautical technology Commercial creative art is 

protected as well as non-commercial art.3 The Patents and Copyrights Clause of the 

United States Constitution and the copyright statute’s protection of visual art and 

audiovisual works embody the proposition that more creative effort with respect to 

these kinds of work will be exerted when the creators are allowed to be paid for 

their works, thus increasing the production of artistic works. 

4. Granting the petition will allow the petitioner to respond to economic incentives to 

increase its creative production. The result will be an increase in the stock of artistic 

photography, including video for public enjoyment. 

5. The rules from which Petitioner seeks exemption artificially and irrationally limit 

the effective use of new technologies to enhance art and entertainment, thereby 

subverting the public interest.

6. Granting the Petition will fulfill the FAA’s own declaration that encouraging new 

aviation technologies advances the public interest. The FAA itself has recognized the 

public interest in its role of "Encouraging and developing civil aeronautics, 

including new aviation technology."4 Granting the Petition will enhance FAA 

fulfillment of that commitment, thereby serving the public interest. Air commerce 

flourishes in the United States because of the rapid pace of innovation in 

aeronautical and associated technologies, followed by their commercialization and 

their introduction of the marketplace. The drone technology that the Petitioner uses 

exemplifies the latest innovative leap forward in aeronautical technology. 

Preventing it from using this in air commerce subverts achievement of the goal.

7. Granting the Petition will fulfill the Congressional determination that integrating 

sUAS technology into the NAS serves the public interest. Section 330 of the FAA 

Modernization and Reform Act of 2012, specifically recognizes the advantages to air 

commerce obtainable from the deployment of sUAS technologies. It mandated 

 

benefit from visual images); Hill v. Public Advocate of the United States, 35 F.Supp.3d 

1347 (D. Colo. 2014) (holding that photograph of gay marriage was within First 

Amendment protection despite its use for political purposes; discussing how access to 

photograph advances the public interest).

3

 White, 500 F.3d at 956-957.

4

 FAA, Safety: The Foundation of Everything We Do, 

http://www.faa.gov/about/safety_efficiency/.
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several steps by the FAA to accelerate the availability of these technologies in the 

National Airspace System, thereby representing a congressional determination that 

the public interest is served by making these technologies more widely available at 

the earliest practicable date. The Petition represents a way for the FAA to move 

incrementally, while still satisfying its congressional mandate and meeting its 

obligation to enhance the public interest by making new technologies available by 

allowing the use of sUAS technologies in a manner that protects the public and the 

rest of the aviation community from significant risk.

8. The commercial activities by Petitioner proposed in the Petition represent 

contributions to new forms of air commerce, thereby fulfilling the FAA’s statutory 

mandate under the 2012 Act.

9. Granting the Petition will enhance aviation safety, thereby advancing the public 

interest. The Petitioner has committed itself in the Petition to safety practices that 

reduce or eliminate hazards to aircraft in the National Airspace System and to 

persons and property on the ground. Many others are flying sUAS without regard to 

these hazards. Granting the Petition will offer the Petitioner up as an example of 

how the FAA is willing to accommodate the new technology when it is constrained 

by appropriate limitations to enhance safety. It will also allow the Petitioner to be a 

role model for safe commercial sUAS operations.

Users of the National Airspace System are confronted by mushrooming threats 

from sUAS flown in defiance of the FAA’s ban. Unless the FAA shows some 

flexibility to accommodate lawful and safe operation of sUAS for legitimate 

commercial purposes, the level of defiance will increase, intensifying the hazards 

to manned aircraft and to persons and property on the ground.

The Petition to use a UAS for aerial data collection and its proposed limitations are

similar in all material respects to those approved by the FAA in Grants of Exemption 

Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. 

(see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. 

FAA−2014−0382), 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), 11310 to 

Colin Hinkle (see Docket No. FAA-2014-0608), and 11657 to Fresh Cut Above (see 

Docket No. FAA–2015–0547). In those grants the FAA found that the enhanced safety 

achieved using an unmanned aircraft (UA) with the specifications described by the 

Petitioner and carrying no passengers or crew, rather than a manned aircraft of 
15

significantly greater proportions, carrying crew in addition to flammable fuel, gives the 

FAA good cause to find that the UAS operation enabled by this exemption is in the 

public interest.

The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, 11213, 

11310, and 11657 also apply to the situation presented by this Petition.

Respectfully submitted,

Henry H. Perritt, Jr.

Counsel for 

Octofilms, LLC
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Appendix 1

FAR section Subject Justification

14 CFR § 45.23(b) Requirement to display 

registration number on 

vehicle

Insufficient space on 

vehicle

14 CFR Part 21 Aircraft certification 

requirements and 

procedures

Designed for manned 

aircraft; not suitable for 

off-the-shelf sUAS

14 CFR § 61.3 Requirement for pilot 

certificate

Part 61 requirements 

designed for manned 

aircraft, not sUAS; 

petition describes 

training for sUAS 

operator

14 CFR § 91.7 (a) Airworthiness 

requirement

Designed for manned 

aircraft; not suitable for 

off-the-shelf sUAS

14 CFR § 91.9 (b) (2) Requirement for manual 

to be available in the 

cockpit

No one aboard to read 

manual

14 CFR § 91.103(b) Requirement for crew 

members to be onboard

Unmanned vehicle

14 CFR § 91.109 Requirement for dual 

controls during flight 

instruction

No one aboard to 

operate controls

14 CFR § 91.119 Minimum altitudes for 

safe flight

Safety requires 

operation below these 

altitudes

14 CFR § 91.121 Altimeter settings No one aboard to read 

altimeter

14 CFR § 91.151(a) Fuel requirements Vehicle does not use 

fuel

14 CFR § 91.203 (a) & (b) Requirement for 

registration and 

airworthiness 

certificates to be 

onboard

No one aboard to read 

certificates

14 CFR § 91.205(b) Cockpit instruments No one aboard to read 
17

requirement instruments

14 CFR § 91.215 Transponder 

requirement

Vehicle has insufficient 

useful load; will be 

operated below ATC 

radar coverage

14 CFR § 91.405 (a) Inspection requirements Designed for manned 

aircraft; not suitable for 

off-the-shelf sUAS

14 CFR § 91.407(a) (1) Inspection approval 

requirements

Designed for manned 

aircraft; not suitable for 

off-the-shelf sUAS

14 CFR § 91.409 (a) (2) Airworthiness 

inspection

Designed for manned 

aircraft; not suitable for 

off-the-shelf sUAS

14 CFR § 91.417 (a) & (b) Maintenance records 

requirements

Designed for manned 

aircraft; not suitable for 

off-the-shelf sUAS
18
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Appendix 2

Vehicle specifications

DJI Phantom

Basic Parameters

Operating Temperature

-10°C ~ 50°C

Power Consumption

3.12W

Take-Off Weight

<1200g

Hovering Accuracy (GPS Mode)

Vertical: 0.8m

Horizontal: 2.5m

Max Yaw Angular Velocity

200°/s

Max Tilt Angle

45°

Max Ascent / Descent Speed

6m/s

Max Flight Velocity

10m/s

Diagonal Distance (Motor Center To Motor Center)

350mm

Phantom Prop Guard

Weight(Single):18.7g

Size(Single): Angle(155.0°) Radius(112.32mm)

Whole Size with Four Prop Guards: 575.5mm

ESC Sound Introduction

Ready

♪1234567

Throttle Stick Is Not At Bottom

BBBBBB...

Input Signal Abnormal
20

B——–B——–B...

Input Voltage Abnormal

BB—BB—BB—BB...

Charger & Battery Parameters

Charger AC Input

100-240V

Charge Current

1A/2A/3A

Current Drain For Balancing

200mA

Power

20W

Battery Type

LiPo

TX Parameters

Working Frequency

2.4GHz ISM

Control Channels

7 Channels

Communication Distance

1000m

Receiver Sensitivity(1%PER)

>-100dBm

Power Consumption Of TX

<20dBm

Working Current /Voltage

52 mA@6V

AA Battery

4 Required
21

DJI Phantom 3

Aircraft

Weight (Including Battery And Propellers)

1280 g

Diagonal Size (Including Propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

 Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

 Horizontal: +/- 1.5 m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

Sensor

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens

FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

ISO Range

100-3200 (video) 100-1600 (photo)

Shutter Speed

8s -1/8000s

Image Max Size

4000 x 3000

Still Photography Modes

 Single Shot

 Burst Shooting: 3/5/7 shots
22

 Auto Exposure Bracketing (AEB): 3/5

 Bracketed Frames at 0.7EV Bias

 Time-lapse

Video Recording Modes

Phantom 3 Professional

 UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

Phantom 3 Advanced

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS-1 rating required

Max Bitrate Of Video Storage

Phantom 3 Professional

60 Mbps

Phantom 3 Advanced

40 Mbps

Supported File Formats

 FAT32/exFAT

 Photo: JPEG, DNG

 Video: MP4, MOV (MPEG-4 AVC/H.264)

Operating Temperature

0°C to 40°C
23

Gimbal

Controllable Range

Pitch -90° to +30°

Stabilization

3-axis (pitch, roll, yaw)

Vision Positioning

Max Velocity

Less than 8 m/s (when 2 m above ground)

Altitude Range

30 cm-300 cm

Operating Range

30 cm-300 cm

Operating Environment

Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller

Operating Frequency

2.400 GHz-2.483 GHz

Max Distance

2000m (outdoors and unobstructed)

Video Output Port

USB

Operating Temperature

0°C- 40°C

Battery

6000 mAh LiPo 2S

Mobile Device Holder

For tablet or phone

Receiver Sensitivity (1%PER)

-101 dBm ±2 dBm

Transmitter Power (EIRP)

 FCC: 20 dBm

 CE: 16 dBm

Working Voltage

1.2 A @7.4 V

Battery Charger

Voltage
24

17.4 V

Rated Power

Phantom 3 Professional

 100 W

Phantom 3 Advanced

 57 W
25

Intelligent Flight Battery

Capacity

4480 mAh

Voltage

15.2 V

Battery Type

LiPo 4S

Energy

68 Wh

Net Weight

365 g

Max Flight Time

Approximately 23 minutes

Operating Temperature

-10°C to 40°C

Max Charging Power

100 W

App / Live View

Mobile App

DJI Pilot

EIRP

100mW

Live View Working Frequency

2.4GHz ISM

Live View Quality

720P @ 30fps (depending on conditions and mobile device)

Latency

220ms (depending on conditions and mobile device)

Required Operating Systems

 iOS 8.0 or later

 Android 4.1.2 or later

Recommended Devices

 iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + Cellular, iPad 

mini 3, and iPad mini 3 Wi-Fi + Cellular. This app is optimized for iPhone 5s, iPhon

 Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 

 *Support for additional Android devices available as testing and development cont
26

DJI Inspire 1

Aircraft

Model

T600

Weight (Battery Included)

2935 g

Hovering Accuracy (GPS Mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle

35°

Max Ascent Speed

5 m/s

Max Descent Speed

4 m/s

Max Speed

22 m/s (ATTI mode, no wind)

Max Flight Altitude

4500 m

Max Wind Speed Resistance

10 m/s

Max Flight Time

Approximately 18 minutes

Motor Model

DJI 3510

Propeller Model

DJI 1345

Indoor Hovering

Enabled by default

Operating Temperature Range -10° to 40° C

Diagonal Distance

559 to 581 mm

Dimensions

438x451x301 mm

Gimbal

Model

ZENMUSE X3

Output Power (With Camera)

Static: 9 W

In Motion: 11 W

Operating Current

Station: 750 mA

Motion: 900 mA
27

Angular Vibration Range

±0.03°

Mounting

Detachable

Controllable Range

Pitch: -90° to +30°

Pan: ±320°

Mechanical Range

Pitch: -125° to +45°

Pan: ±330°

Max Controllable Speed

Pitch: 120°/s

Pan: 180°/s

Camera

Name

X3

Model

FC350

Total Pixels

12.76M

Effective Pixels

12.4M

Image Max Size

4000x3000

ISO Range

100-3200 (video)

100-1600 (photo)

Electronic Shutter Speed

8s - 1/8000s

FOV (Field Of View)

94°

CMOS

Sony EXMOR 1/2.3”

Lens

20mm (35mm format equivalent)f/2.8 focus at ∞

9 Elements in 9 groups

Anti-distortion

Still Photography Modes

Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias

Time-lapse

Video Recording Modes

UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30

FHD: 1920x1080p24/25/30/48/50/60

HD: 1280x720p24/25/30/48/50/60

Max Bitrate Of Video Storage

60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG
28

Video: MP4/MOV (MPEG-4 AVC/H.264)

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS-1 rating required.

Operating Temperature Range

0° to 40° C

Remote Controller

Name

C1

Operating Frequency

922.7~927.7 MHz (Japan Only)

5.725~5.825 GHz

2.400~2.483 GHz

Transmitting Distance (Outdoor And Unobstructed)

2 km

EIRP

10dBm@900m, 13dBm@5.8G, 20dBm@2.4G

Video Output Port

USB, mini-HDMI

Power Supply

Built-in battery

Charging

DJI charger

Dual User Capability

Host-and-Slave connection

Mobile Device Holder

Tablet or Phone

Max Mobile Device Width

170mm

Output Power

9 W

Operating Temperature Range

-10° to 40° C

Storage Temperature Range

Less than 3 months: -20° to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range

0-40° C

Battery

6000 mAh LiPo 2S

Charger

Model

A14-100P1A

Voltage

26.3 V

Rated Power

100 W

Battery (Standard)

Name

Intelligent Flight Battery

Model
29

TB47

Capacity

4500 mAh

Voltage

22.2 V

Battery Type

LiPo 6S High voltage battery

Energy

99.9 Wh

Net Weight

570 g

Operating Temperature Range -10° to 40° C

Storage Temperature Range

Less than 3 months: -20° to 45° C

More than 3 months: 22° C to 28° C

Charging Temperature Range

0° to 40° C

Max Charging Power

180 W

Battery (Optional)

Name

Intelligent Flight Battery

Model

TB48

Capacity

5700 mAh

Voltage

22.8 V

Battery Type

LiPo 6S

Energy

129.96 Wh

Net Weight

670 g

Operating Temperature Range -10° to 40° C

Storage Temperature Range

Less than 3 months: -20 to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range

0° to 40° C

Max Charging Power

180 W

Vision Positioning

Velocity Range

Below 8 m/s (2 m above ground)

Altitude Range 5-500 cm

Operating Environment

Brightly lit (lux > 15) patterned surfaces
30

Operating Range

0-250 cm

DJI Pilot App

Mobile Device System Requirements

iOS 8.0 or later

Android 4.1.2 or later

Supported Mobile Devices

* Compatible with iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + C

Cellular, iPad mini 3, and iPad mini 3 Wi-Fi + Cellular. This app is optimized for iP

* Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 3

*Support for additional Android devices available as testing and development cont

DJI Spreading Wings S800
31

Frame

Diagonal Wheelbase

800mm

Frame Arm Length

350mm

Frame Arm Weight

(Including Motor, ESC, Propeller )

356g

Center Frame Diameter

240mm

Center Frame Weight

550g

Landing Gear Size

460mm(Length)×425mm(Width)×320mm(Height)

(Top width: 155mm)

Retractable Landing Gear Weight(Including Battery Tray)

1050g

Flight Parameters

Takeoff Weight

6.0Kg ~ 8.0Kg

Total Weight

3.7Kg

Power Battery

LiPo (6S、10000mAh~15000mAh、15C(Min))

Max Power Consumption

3000W

Hover Power Consumption

800W(@ Takeoff Weight 6.7Kg)

Hover Time

Max: 20 min

(@15000mAh&6.7Kg Takeoff Weight)

Motor

Stator Size

41×14mm

KV

400rpm/V
32

Max Power

500W

Weight(With Cooling Fan)

158g

ESC

Current

40A OPTO

Voltage

6S LiPo

Signal Frequency

30Hz ~ 450Hz

Drive PWM Frequency

8KHz

Weight(With Radiators)

35g

Foldable Propeller(1552)

Material

Engineering plastic

Size

15×5.2 inch

Weight

13g

DJI Spreading Wings S900
33

Frame

Diagonal Wheelbase

900mm

Frame Arm Length

358mm

Frame Arm Weight

(Including Motor, ESC, Propeller )

316g

Center Frame Diameter

272mm

Center Frame Weight (With Landing Gear Mounting Base, Servos)

1185g

Landing Gear Size

460mm(Length)×450mm(Width)×360mm(Height)

Motor

Stator Size

41×14mm

KV

400rpm/V

Max Power

500W

Weight(With Cooling Fan)

158g

ESC

Working Current

40A

Working Voltage

6S LiPo

Signal Frequency

30Hz ~ 450Hz

Drive PWM Frequency

8KHz

Weight(With Radiators)

35g

Foldable Propeller (1552/1552R)

Material
34

High strength performance engineered plastics

Size

15×5.2inch

Weight

13g

Flight Parameters

Takeoff Weight

4.7Kg ~ 8.2Kg

Total Weight

3.3Kg

Power Battery

LiPo (6S、10000mAh~15000mAh、15C(Min))

Max Power Consumption

3000W

Hover Power Consumption

1000W (@6.8Kg Takeoff Weight)

Hover Time

18min (@12000mAh& 6.8Kg Takeoff Weight)

Working Environment Temperature

-10 °C ~ +40 °C

Gain Value Settings

For A2 Flight Controller

Basic: Roll 110%, Pitch 110%, Yaw 120%

Attitude: Roll 220%, Pitch 220%, Vertical 120%

For WooKong-M Flight Controller

Basic: Roll 160%, Pitch 160%, Yaw 160%

Attitude: Roll 190%, Pitch 190%, Vertical 100%

DJI Spreading Wings S1000

Frame

Diagonal Wheelbase

1045mm

Frame Arm Length

386mm
35

Frame Arm Weight

(Including Motor, ESC, Propeller )

325g

Center Frame Diameter

337.5mm

Center Frame Weight (With Landing Gear Mounting Base, Servos)

1330g

Landing Gear Size

460mm (Length) ×511mm (Width) ×305mm (Height), (Top width: 155 mm)

Motor

Stator Size

41×14mm

KV

400rpm/V

Max Power

500W

Weight(With Cooling Fan)

158g

ESC

Working Current

40A

Working Voltage

6S LiPo

Signal Frequency

30Hz ~ 450Hz

Drive PWM Frequency

8KHz

Weight(With Radiators)

35g

Foldable Propeller (1552/1552R)

Material

High strength performance engineered plastics

Size

15×5.2inch

Weight

13g

Flight Parameters

Takeoff Weight

6.0Kg ~ 11.0Kg

Total Weight

4.2Kg

Power Battery

LiPo (6S、10000mAh~20000mAh、15C(Min))

Max Power Consumption

4000W

Hover Power Consumption

1500W (@9.5Kg Takeoff Weight)

Hover Time

15min (@15000mAh & 9.5Kg Takeoff Weight)

Working Environment Temperature
36

-10 °C ~ +40 °C

Gain Value Settings

For A2 Flight Controller

Basic: Roll 120%, Pitch 120%, Yaw 120%

Attitude: Roll 170%, Pitch 170%, Vertical 120%

For WooKong-M Flight Controller

Basic: Roll 180%, Pitch 180%, Yaw 120%

Attitude: Roll 180%, Pitch 180%, Vertical 120%

3Drobotics Solo

Cameras: Compatible with GoPro® HERO3, 3+ and 4; optimized for HERO3+ and 4

Streaming video quality: 720p

Flight time: 25 minutes; 20 minutes with payload*

Range: .5 miles** (.8 km)

Max speed: 55 mph (89 km/h)

Max ascent speed: 10 m/s in stabilize mode; “fly” mode spec forthcoming

Max descent speed: ditto

Max payload: 420 g

Max altitude: 400 ft per FAA regulation, user adjustable (122 m)

Motors: 880 kV

Propellers: 10′′ diameter 4.5′′ pitch self-tightening (24 cm diameter 144 cm pitch)

Autopilot: Pixhawk 2

Software: APM:Copter

Communication: 3DR Link secure WiFi network

Frequency: 2.4 GHz

Weight: 3.3 lbs. (1.5 kg) / 3.9 lbs. (1.8 kg) with GoPro® and Solo Gimbal

Dimensions: 10 in. tall (25 cm), 18 in. (46 cm) motor-to-motor
37

Flight battery: Lithium polymer 5200 mAh 14.8 Vdc

Battery charge time: ~1.5 hours

Controller battery: 2600 mAh 7.2 Vdc rechargeable lithium ion

App requirements: iOS 8.0 or later / Android 4.3 or later

*Flight time varies with payload, wind conditions, elevation, temperature, humidity, 

flying style and pilot skill. Listed flight time applies to elevations less than 2,000 ft 

above sea level.

**Depending on environmental conditions.