### August 14, 2015

Exemption No. 12473 Regulatory Docket No. FAA

– 20 15

– 2217

Mr. Justin Marx marX The Spot Films Inc. 1411 J ackson Street Hollywood , FL 33020

Dear Mr. Marx : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.
By letter dated May 21, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of marX The Spot Films Inc. ( hereinafter petitioner or operator ) for a n exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography, motion picture filming, and videography

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on th is petition would be detrimental to the petitioner

. Airworthiness Certification

The UAS proposed by the petitioner is the DJI S1000, DJI Inspire, Freefly ALTA, and the Cinestar 8HL

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation

### 2

has determined that this aircraft meets the cond itions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21 , C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.
The Basis for Our Decision
You have requested to use a UAS for aerial data collection 1 

### and closed set motion picture and filming

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

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

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of 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 i nterest. Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision
In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, marX The Spot Films Inc. is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection and closed set motion picture and filming

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.

### 3

Conditions and Limitations

In this grant of exemption, marX The Spot Films Inc. is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI S1000, DJI Inspire, Freefly ALTA, and the Cinestar 8HL when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this ex emption

.
2. Operations for the purpose of closed

- set motion picture and television filming
are permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspee d to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. 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 correctiv e lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must 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 must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must b e designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct it s operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administra tor upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents,

### 4

the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or a ny law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis up on which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

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 prior to conducting further operations under this exempti on. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operat or is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight in spection must account for 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 is prohibited from operating until the necessary mainte nance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a
cur rent FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

### 5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS 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 must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption ar e permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are consi dered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD ) or for airports not denoted with an ARP, the center of the airport symbo l 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 ex emption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a c loud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre

- determined location within the pr ivate or controlled

- access property.

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

20. The PIC is prohibited from beginning 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 t hat for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

### 6

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered i n accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and
an y documents required under 14 CFR §§ 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.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must 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 must ensure that nonparticipatin g 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 must 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 u ndue hazard.
The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/contro ller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries o f the operational area as defined by the applicable COA must be reported to the FA A's 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

.

### 7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea 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:
a. Dates and times for all flight s; 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 th e 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 altit udes essential to accomplish the operation.

31. 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 otherw ise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

### 8

This exemption terminates on August 31, 2017 , unless sooner superseded or rescinded.
Sincerely, / s/ John S. Duncan Director, Flight Standards Service

Enclosures

### May

21,2015

U. S. Department

of Transportation Docket Management

System 1200 New Jersey

Ave., SE Washington,

DC 20590

Re: Summary

Processing:

Exemption Request

for marX The Spot Films Inc., Under Section 333 of the FAA 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;91.151(a);

91.405(a); 9 1 .a07 @)(1); e 1 .409 (a)(2); 9 1 .ar7 @) and (b).

Dear Sir or Madam:

Pursuant

to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and l4 C.F.R.

Part 11, marX The Spot Films Inc., Inc. ("marX The Spot Films Inc.") operator of Unmanned

Aircraft Systems

("UASs") equipped

to conduct

commercial

flights for aerial photography,

motion picture filming, & videography (hereinafter

"the Purpose"),

hereby applies for an exemption

from the listed Federal Aviation Regulations

("FARs") to allow commercial

operation

of its UASs, so long as such operations

are conducted

subject to, and in accordance

with the conditions

outlined herein,

or as may be established by the FAA in an exemption

granted under either Section 333 or 49 U.S.C.

$ 44701(0.

marX The Spot

Films Inc. will accept

the conditions

set forth in Exemptions Nos. 11062

and its progeny

Nos. 11063 through 11067,11080,

11150, 11158, 11160, lli6l,and 11172("the SimilarExemptions).marX The Spot Films Inc., respectfully requests summary

approval

of this exemption

request.

marx The Spot Films Inc. seeks to operate

the following UAVs it currently posses under the exemption.

- DJI 51000

Octocopter

- SN - W13DCC05020145

- DJI Inspire Quadcopter I SN - 02V0024420

- Freefly

systemsALTA-

8 Motor, QuadArm - SN - MTSFFFSA20l5

- Freefly

systems Cinestar 8HL - SN-MTSFCS82014



### Date: 51211201 Page 1 of 12 Revision: Original

### As with the approval of the Similar

Exemptions,

approval of this exemption

would thereby enhance public 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. Id. $ 333(c) The nameand address

of the applicant

is:

marX The Spot

Films Inc. Justin Marx 1411 Jackson Street Hollywood

FL 33020 Ph.: 305-607-0235
Regulations

from which the exemption is requested: 14 C.F.R. $ 61.113(a)

and (b) 14 C.F.R.

$ 91.11914

C.F.R. $ 91.121 14 C.F.R.

$ e1.151(a) 14 C.F.R.

$ 91.40s(a) 14 C.F.R.

$ 407(aXl) l4 C.F.R.

$ a0e(a)(2) l4 C.F.R.

$ a17(a) and (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 Reform Act. In making this determination, the Secretary

is required

to determine

which types of UASs do not create

ahazard 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).

Lastly, if the Secretary determines

that such

vehicles "may operate

safely in the national

airspace system, the Secretary

shall establish

requiremenrs

for the safe

operation of such aircraft in the national

airspace system."

Id. $ 333(c)



### Date: 5/2112015 Page 2 ot 12 Revision: OriginalThe Federal Aviation Act, in addition to the authority granted by Section

333 of Reform 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 $ 401 01 of the Act, that includes UASs, from the requirement hat 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 the Transportation

Act if the Administrator

finds the exemption

in the public interest.

49 U.S.C. $ 44701(0. See also 49 U.S.C. S8 4471r(a),

44704; 14 C.F.R. $ 9l.203(aX1).

marX The Spot Films Inc. is a film production company

that incorporates

the use of aerial cinematography

and videography

into the television

and film industry,

and the corporate sector. marX The Spot Films Inc. UASs are rotorcraft, weighting 55 pounds

or less including payload. They operate,

under normal conditions at a speed

not exceeding

50 knots and have the capability to hover,

and move in the vertical and horizontal planes. They will operate

at altitudes

not exceeding

400 feet, as further specified, and only in line of sight. They will operate

only within the sterile

areas as described

in the marX The Spot Films lnc. Flight Operations

Manual.

ln support

of this application,

marX The Spot Films Inc. is submitting, the following manuals (hereinafter

"the manuals")

. Futaba 14SG 14 Channel Transmitter

Operating

manual (document

attached)

. Graupner

MZ-24 12 Channel

Transmitter

Operating

manual (document

attached)

. marX The Spot Films Inc. Motion Pictureand Television Operations

manual (document

attached)

. DJI INSPIRE 1 UAS Aircraft Operating Manual, Exhibit 4 (document attached) ' DJI Si000 UAS Operating Manual, Exhibit 5 (document attached) ' DJI .A2 Flight Control system (document

attached)

Operations

in compliance

with these

manuals will insure

that the UAS will "not create ahazard to users of the national

airspace system, the public, the PIC, and the film production crew" and that the aircraft will operate in compliance

with the conditions

set forth in this application.



### Date: 512112015 Page 3 ol 12 Revision: Original

### Given

the small size of the UASs involved

and the restricted

environment

within which

they will operate, the applicant

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 UASs to commence

immediately.

Also due to the size of the UASs, the restricted areas in which the relevant

UASs will operate

and the fact that aircraft will be flown by pilots holding at least a FAA private pilot license, 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 battery powered UASs for these

functions instead

of turbine or gas power aircraftlrotorcraft and operations with pilots having at least

a private pilot license,

the grant of the requested exemptions

is in the public interest. Accordingly,

the applicant

respectfully

requests that the FAA grant the requested exemption

without delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant

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 an equivalent or higher level of safety to operations under the current regulatory structure because the proposed

operations

represent

a safety enhancement

to the currently "deemed safe" movie and televisionfilming operations that are conducted

v,ith conventional

aircraft.

marX The Spot Films Inc. notes that it has requested

that a Certificate

of Authorrzatron

(COA) not be required

for flight at or below 400 feet AGL, in Class

G airspace

and outside

of 5 nautical miles from the geographic center of an airport where a letter of agreement has not been

entered into with the airport management.

The limitations and conditions to which marX The Spot Films Inc. agrees to be bound when conducting

commercial

operations

under an FAA issued

exemption

are as follows:

1. The UAS must weigh less than 55 pounds,

including energy

source(s)

and equipment. Operations

will be limited to the aircraft described in the proprietary

manuals:

2. The UA may not be flown at a ground speed in excess

of 50 knots.

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 "operators'

manuals".

All altitudes

reported to AfC 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 ableto use human vision unaided

by any device

other than corrective lenses, as specified

on the PIC's FAA-issued medical certificate.



### Date: 512112015 Page 4ol 12 Revision: Original

### 5. All operations must utilize a visual observer (VO). The

VO may be used

to satisfy the VLOS requirement,

as lor,g as the PIC always

maintains

VLOS capability.

The VO and pIC must be able to communicate

verbally at all times.

6. Prior to each

flight the PIC will inspect the UAS to ensure

that it is airworthy,

and in condition for a safe

flight' If the inspection reveals a condition that aflects the safe op.ruiion of the UAS, the aircraft

will not be operated

until the necessary

maintenance

or repair has been

performed and the UAS is found to be airworthy and in condition for safe flight. The Ground Control Station' if utilized, will be included in the preflight inspection. All maintenance,

modifications. and repairs

will be properly documented in the aircraft records.

7. Any UAS that has undergone maintenance

or modifications

that affect the operation or flight characteristics

of the UAS, e.g. replacement of a flight critical component, must undergo

a functional

test flight in accordance with the "manual". The PIC who conducts the functional

test flight must document

it with an entry in the UAS aircraft records of the flight. The requirements and procedures

for a functional

test flight and a protocol fbr aircraft record entry must be added to the "manuals".

8' The operator

will follow the manufacturer's UAS aircraft and component maintenance, overhaul,

replacement,

inspection,

and life limit requirements.

9' The PIC will possess at minimum. a private pilot certificate and a State

Issued Drivers License. The PIC will also

meet the flight review requirements specified

in l4 C.F.R.

g 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

10. Prior to operations

conducted

for the Purpose,

the PIC will have accumulated and logged, in a manner

consistent

with l4 C.F.R.

$ 61.51(b),

25 hours

of totaltime 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

will be used

to satisfl'

this requirement.

Training. proficiency,

and experience building flights may also be conducted under this exemption

to accomplish

the required

flight cycles and flight time. During training, proficiency, and experience

building flights, all persons not essential

for flight operations

will be considered

non-participants,

and the pIC will operate the sUAS with appropriate distance from non-participants

in accordance

with l4 C.F.R.

S 9l
, I I 9.

1 l. Prior to operations

conducted

fbr the purpose

of motion picture filming (or similar operations).

the PIC must have

accumulated

and logged,

in a manner

consistent

with l4 C.F.R.

S 61.51(b)'

a ninimum of five hours as UAS pilot. operating the make

and model

of UAS to be utilized for operations

under the exemption,

in addition

to three take-ofts

and landines

within the preceding

90 days.



### Date: 5121/2015 Page 5 oI 12 

### Revision: Original

### Under

this exemption,

the PIC must

operate the UA an appropriate

distance away from nonparticipants

in accordance

with 14 C.F.R.

$ 91.119.,

during training, proficiency,

experience building, and take offand landing flights in order to accomplish the required

flight time and to remain current

within the prescribed

90 day period. "Nonparticipants" are defined

as all persons who are not essential

for flight operations.

The UA will not be operated directly over any person, or below an altitude

that is hazardous

to persons or propefiy on the surface in the event

of a UAS failure or emergency. except fbr authorized

and consenting

personnel

that are necessary

for the "purpose",

12. Flight operations

must be conducted

at least 500 fbet 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

must 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 must cease

immediately and / or; b) The aircraft is operated near vessels, vehicles or structures

where the owner/controller

of such vessels, vehicles or structures

has granted

permission

and the PIC has madea safety assessment of the risk of operating closer to those objects and determined

that it does

not present

an undue hazard, and; c) Operations

nearer to the PIC. VO, operator trainees or essential

persons do not present

an undue hazard to those persons per ti 91.119(a).

All operations

shall be conducted

over private or controlled-access property with permission from the properly owner, controller,

or authorized

representative.

Permission

from property

owner / controller

or authorized

representative

will be obtained

for each flight to be conducted. See, Exemptions

1 1170, 11172 and I 1 17 for proposed

language.

13. Prior to any flight "operator" will only be required to obtain an Air Traffic Organization (ATO) issued

Certificate

of Waiver or Authorization (COA) for flights that are conducted at heights greater than 400 AGL; in other than Class G airspace;

and closer

than 5 miles fiom the geographic

center of a non-towered

airport,without a letter of agreement with the airport manager.

If requested,

Operator

will provide telephonic advanced

notice to an ATO or file a NOTAM for any flight not requiring a COA. 14. If the UAS loses

communications

or loses its Global Positioning

System (GPS) signal, the UA will be programmed to return to a pre-determined

location within the security

perimeter

and land or be recovered

in accordance

with the "manual". l5' The UAS will abort the flight in the event

of unpredicted

obstacles

or emergencies

in accordance

with the'omanual".



### Date: 512112015 Page 6 of 12 

### Revision: Original16. Each UAS operation will be completed

within 30 minutes

flight time or with25V" battery power remaining,

whichever

occurs first.

17. All aircraft operated

in accordance

with this exemption

will be identified by serial number, registered

in accordance

with l4 C.F.R. part

47, and have identification (N- Number) markings in accordance

with 14 C.F.R. part 45, subpart C. Markings will be as large as practicable.

18. The operator

will institute

procedures

to document

and maintain

a record of the UAS maintenance,

preventative

maintenance,

modifications,

overhaul

or replacement

of component parts and the total time in service of the UAS.

19. Each UAS operated under this exemption

will comply with all manufacturer Safety Bulletins.

20. The operator

will develop

UAS technician

qualification

criteria. These criteria will be added to the Manual.

21. Before conducting

operations,

the radio frequency

spectrum

used for operation

and control of the UA will comply with the Federal Communications

Commission

(FCC) or other appropriate government

oversight

agency requirements.

22.The documents

required under 14 C.F.R.

$$ 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. These documents

will be madeavailable

to the Administrator

or any law enforcement official upon request.

23. The UA will remain clear of and yield the right of way to all other manned operations

and activities

at all times (including, but not limited to, ultra light vehicles, parachute

activities, parasailing

activities,

hang gliders,

etc.).

24. UAS operations

will not be conducted

during night, as defined

in 14 C.F.R.

$ 1.1. All operations

will be conducted

under visual meteorological

conditions

(VMC). Flights under special visual flight rules (SVFR) will not be undertaken.

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

26.The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally fiom a cloud or when visibility is less than 3 statute

miles from the PIC



### Date: 512112015 Page 7 ol 12 Revision: Original

### 27.The UA will not operate in Class B, C, or D airspace

without written approval from the FAA. The UA will not operate within 5 nautical

miles of the geographic center of a non- towered airport as denoted

on a curent FAA-published aeronautical

chart unless

a letter of agreement with that airporl's management is obtained,

and the operation

is conducted

in accordance

with a NOTAM as required

by the operator's

COA. The letter of agreement with the airport management

will be madeavailable to the Administrator upon request.

28. Any incident,

accident,

that occurs

with in the boundaries of the operational

area as defined by the applicable

COA will be reported

to the Federal

Aviation Administration's (FAA) UAS Integration

Office (AFS-80) within 24 hours. Accidents

will be reported

to the National Transportation

Safety Board 0.{TSB) per instructions contained

on the NTSB Web site: www.ntsb.gov.

Further flight operations

will cease

until such

time as the incident,

accident,

or transgression

is reviewed

by UAS Integration

Office (AFS-80) and authorizationto resume operations

is provided.

Unless otherwise

specified

in this grant of exemption, the UAS, the UAS PIC, and the UAS operations

must comply with all applicable parts of l4 C.F.R.

including, but not limited to, parts 45. 47.61. and 91.

l4 C.F.R.

g 61.1f3(a)

and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61

. i I 3(a) and (b) limit private pilots to non-commercial operations.

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

operations

can 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 Manual. The level of safety provided by the requirements included in the 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 of risk associated with commercial

operations

contemplated

by Part 6l 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

. 1 13(a)

and (b). The FAA has granted exemptions

for private pilots to conduct similar operations

in Exemptions

11062. 11063, 11064,11065,

11066, 11067 and 11080.



### Date: 512112015 Page I of 12 Revision: Original14 C.F.R. $ 91.119:

Minimum Safe

Altitudes.

Section 91 .1 19 establishes

safe altitudes for operation

of civil aircraft.

Section 91 .1 19(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 an exemption may be needed

to allow such

operations.

As set forth herein,

except for the limited conditions stated in the Manual and in condition #3, page 3, the UAS will never operate at higher than 400 AGL.

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, facility owner and local officials. Because of the advance

notice to the property

owner and participants, all affected

individuals

will be aware

of the planned

flight operations

as set forth in the Manual. Compared to flight operations

with aircraft or rotorcraft weighing 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 aerial photography industry.

In addition,

the lowaltitude 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. The FAA has granted exemptions

to conduct

similar operations

in Exemptions

11062, 11063, 11064, I 1065, 11066, 11067 and 11080.

l4 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 in at least one operating

mode will not have a barometric

altimeter,

but instead

a GPS altitude read out. an exemption will 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. The FAA has granted exemptions

to conduct

similar operations

in Exemptions 11062, 11063. 11064. 11065. 11066. 11061 and 11080.



### Date: 512112015 Page 9 of 12 Revision: Original

### 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 UAS's proposed flight area

and the location

of its proposed

operations

within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

Applicant

believes that an exemption

from 14 C.F.R.

$ 91.151(a)

falls within the scope

of prior 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.

Applicant believes

that an equivalent

level of safety

can be achieved

by limiting flights to 30 minutes

or 25o/o 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, 5745,10673,10808

and Exemptions

11062,11063,

11064,11065,

17066,11067

and 11080.



### Date: 512112015 Page 10 of 12 Revision: Original

### 14

C.F.R. $$ 91.405(a);

407(a)(1);

a09(a)(2\;417(a)

and (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) ofthis 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

section 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 UASs are very limited in size and will carry a small payload

and operate

only in

areas for limited periods

of time. If mechanical

issues arise the UAS can land immediately and will be operating

from no higher than 400 feet AGL. The operator will ensure

that the UAS is in working order prior to initiating flight, perform required maintenance,

and 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. The FAA has granted

exemptions

for similar operations

in Exemptions 11062, 11063, 11064. 11065. 11066. 11067 and 11080.

Pursuant

o 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); 91.7(a);9r.r19;9r.121; 91.151(a);91.405(a);9r.407(a) (1);91 .a09@)(2);91.409(a)(2) and 91 .al7@) and (b) to operate commercially

a small unmanned vehicle (55 lbs. or less) in motion picture and television operations.

Approval of exemptions allowing commercial

operations

of UASs for filming and videography

for motion picture and television work will enhance

safety by greatly reducing

the current risk associated

with conventional

operations

using jet or piston powered

aircraft. These aircraft operate at extremely

low altitudes,

sometimes

only a few feet from the subject being frlmed and in extreme

proximity to people

and structures.

They also present

the risks associated with vehicles

that weigh approximately 4,000 lbs., and carry large amounts highly combustible fuel. In addition, such

aircraft must fly to and from the project location thereby increasing

the geographic

area of risk. In contrast,

a UAS weighing fewer than 55 lbs. and powered by batteries eliminates

virtually all of the risk associated with conventional

aircraft. Since

the UAS is transported

rather than flown to the location at which it will be used, it does not require

any crew
or contain

passengers,

and therefore

does not expose

individuals

to the risks associated

with manned aircraft flights.



### Date: 512112015 Page 11 of 12 Revision: Original

### Satisfaction of the criteria

provided in Section

333 of the Reform

Act of 2012 pertaining

to size, weight, speed,

operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security provide more than adequate justification for the requested

exemptions

to be granted,

thus allowing commercial operation

of applicant's

UAS for the Purposes

outlined herein and are consistent with exemptions

already granted, including the Similar Exemptions

( I 1 062 through 11067,

I 1 080, 1 1 I 50, 1 I I 58 I I I 60, I I 1

6 I and lll72 \.



# t/r, /zo/ { ffi in Marx, President rX The Spot Films



### Date: 512112015 Page 12ot 12 Revision: Original