3691 Gatlin Drive, Rockledge, FL 32955

O: 321-806-5872, F: 321-978-0330

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FAA

Exemption Rulemaking

Section 333

Of The

FAA Reform Act and Part 11

Prepared by

Edward A. Silva

November 15, 2015
3691 Gatlin Drive, Rockledge, FL 32955

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Attention: United States Secretary of Transportation

Mr. Anthony R Foxx 

1200 New Jersey Ave., SE

Washington, DC 20590

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

Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 

(a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.409 (a) 

(2); 91.417 (a) & (b)

Dear Mr. Secretary,

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

14 CFR Part 11, AerialWorks, Inc., a research developer and operator of Small Unmanned 

Aircraft Systems (“sUASs”) equipped to conduct aerial photography for 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 sUASs (Fixedwing & Multi-Rotor), 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.

1

As described more fully below, 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 

3) Controlled as to access

4) Would provide safety enhancements to the already safe operations in the industrial, film, and 

television production community presently using conventional and unmanned 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.

________________________________________________________________

1 The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 

8-Issue a Certificate of Waiver for Motion Picture and Television Filming.
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The name and address of the applicant is:

AerialWorks Incorporated

Attn: Edward A. Silva

Phone: 321-806-5872

Email: Edward.Silva@aerialworks.us

Address: 3691 Gatlin Drive, Rockledge, FL 32955

Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)
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This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 

333 (a) through (c) of the Reform Act. This 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 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 (VLOS) of the Pilot and Observers.

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).

2

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 sUASs, 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. §44704; 14 CFR §91.203 (a) (1).

________________________________________________________________

2 Applicant interprets this provision to place of the duty on the Administrator to not only 

process applications for exemptions under section 333, but for the Administrator to craft 

conditions herein for the safe operation of the UAS, if it should be determined that the 

conditions set forth herein do not fulfill the statutory requirements for approval.
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AerialWorks Incorporated’ sUASs are rotorcraft and fixed-wing aircraft, weighing 55 or fewer 

lbs. including sensor payload. They operate their rotorcraft, under normal conditions at a 

speed of no more than 50 knots and have the capability to hover, and move in the vertical 

and horizontal plane simultaneously. They operate their fixed-wing aircraft, under normal 

conditions at a speed of no more than 50 knots and primarily have the flight characteristics 

of traditional airplanes. They will manually operate only in VLOS and will operate only within 

the sterile area described in the Confidential: Motion Picture and Television Flight 

Operations Manual (MPT-FOM) attached as Exhibit 1 (hereinafter “the Manual”).

3 Adherence 

to the Manual will insure that the sUAS will “not create a hazard to the national airspace 

system or the public.” 4

 

Given the small size and weight of the sUAS involved and the restricted sterile 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 and the restricted areas in which the relevant sUAS will operate, 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 significant public 

benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for movie and television operations, 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.

________________________________________________________________

3 The Motion Picture & Television Flight Operation Manual is presented as an applicant 

Confidential document under 14 CFR 11.35 (b) as the entire manual contains proprietary 

methods and information that the applicant has not and will not share with others. The 

manual reflects learned experiences, methods, operating conditions, and procedures that 

are not available to the public and are protected from release under the Freedom of 

Information Act 5 USC 552 et.seq.

4 Reform Act Section 333 (b)
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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 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 condition to which AerialWorks agrees to be 

bound when conducting commercial operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated manually within visual line of sight (VLOS) of the Pilot and 

aircrew (Spotter / Observer, Camera / Sensor Operator). 

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 30 minute 

limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 

200 feet above an elevated platform from which airborne data collection is planned.

5. Minimum two (2) man crew for each sUAS operation will consist of the Pilot and 

Spotter / Observer. In most cases the third aircrew member will serve as the Camera 

/ Sensor Operator. 

6. The sUAS Pilot will be an FAA licensed airman with at least a private pilot’s certificate 

and third class medical. The Camera / Sensor Operator and Spotter (Observer) will 

hold at least a third class medical.

7. The sUAS Pilot will serve as Pilot in Command (PIC). If a pilot certificate holder other 

than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on 

set (i.e. the Aerial Coordinator), that person can also be designated as PIC.

8. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual. 

Section D of the Manual requires the establishment of a “Security Perimeter” for the 

flight operations areas. 
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9. A pre-flight briefing will be conducted in regard to the planned sUAS operation prior to 

each day’s production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing. 

10. The Operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate Flight Standards District Office (FSDO).

11. The Operator will obtain the consent of all persons involved in the filming and ensure 

that only consenting persons will be allowed within 100 feet of the flight operation, 

and this radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as required by Appendix A.3 of the Manual. With the advanced 

permission of the relevant FSDO, operations at closer range can be approved. 

12. The Operator will submit a written Plan of Activities to the FSDO three (3) days before 

the proposed shoot as required by Section E of the Manual.

13. Pilot, Camera Operator, and Spotter (Observer) will have been trained in operation of 

sUAS generally and received up-to-date information on the particular sUAS to be

operated as required by Section J and Section 2. B of the Manual.

14. Spotter (Observer) and Pilot will at all times be able to communicate by voice, radio, 

and/or text.

15. Written and/or oral permission from the relevant property holders will be obtained.

16. All required permission s and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies.

17. If the sUAS loses communications or loses its GPS signal, the UAS will have 

capability to return to a pre-determined location within the Security Perimeter and 

land.

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.
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14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203 (a) 

(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for 

the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size 

and limited operating area associated with the aircraft to be utilized by the Applicant, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. 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 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.

The sUAS to be operated hereunder is 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 set out in the Manual. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the 

Operator, pursuant to safety requirements, 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. These 

safety enhancements, which already apply to civil aircraft operated in connection with motion 

picture and television production, provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates 

issued under 14 C.F.R. Part 21, Subpart H. 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.
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14 CFR §45.23 (B): Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft near each entrance to the 

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, 

the words “limited,” “restricted”, “light-sport,” “experimental,” or “provisional,” as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as 

the UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with 

§45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the Pilot, Spotter (Observer) and others working with the sUAV 

will see the identification of the UAS as “Experimental.” The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR §61.113 (a) & (b): Private Pilot Privileges and Limitations - Pilot in 

Command (PIC)

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 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 sUAS 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 

single individual holding a commercial pilot’s certificate operating a conventional aircraft. 

The risks associated with commercial operations contemplated by Part 61 when drafted, that 

allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the 

present level of safety achieved by 14 CFR §61.113 (a) & (b).
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14 CFR §91.7 (a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the Manual for maintenance 

and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an 

equivalent level of safety will be provided.

14 CFR §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, or any combination thereof.

The sUAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the sUAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A 10602, 32827, and 10700

14 CFR §91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to insure 

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the 

aircraft an exemption will be needed. An equivalent level of safety will be provided as set 

forth in Sections J and K of the Manual. The PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft performance 

data before initiation of flight. 
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14 CFR §91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. SUASs and remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft and 

for flight instruction in experimental aircraft. See Exemptions Nos. 5778K & 9862A. The 

equivalent level of safety provided by the fact that aircraft. 

14 CFR §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 sUAS that is a fixed-wing or rotorcraft requests authority to 

operate at altitudes up to 400 ft. AGL, or not more than 200 ft. 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 Manual, the UAS will never 

operate at higher than 400 ft. AGL. It will however be operated in 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 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 individuals will be aware of the planned flight 

operations as set forth in Section K of 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 ft. AGL in the movie industry. 

In addition, the low-altitude operations of the sUAS will ensure separation between these 

small UAS operations and the operations of conventional aircraft that must comply with

Section 91.119.
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14 CFR §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 sUAS 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 CFR §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 sUAS provides approximately 40 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS 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 CFR §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 reserved 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 sUAS flights to 10 minutes would greatly reduce the 

utility for which the exemption will be granted.
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Applicant 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 return the sUAS 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 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration

The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (b) of this section or a special flight authorization issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard Pilot. 

As such, there is no ability or place to carry certification and registration documents or to 

display them on the sUAS.

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

control point where the Pilot flying the sUAS will have immediate access to them, to the 

extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 

9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
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14 CFR §91.405 (a); 407 (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 © 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 section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook as referenced in the Manual. 

(See Sections L and Q) 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 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 ft. AGL. As provided in the Manual, 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. 

*********

Pursuant to 14 CFR 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 CFR § 21, subpart H; 14 CFR § 45.23 (b); 14 CFR § 61.113 (a) & (b); 91.7 (a); 91.9 (b) 

(2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a) 

(1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle 

(55lbs or less) in industrial, motion picture and television operations.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Image capture of people will rarely take place, but in the event they 

are, they will have consented prior to being filmed or otherwise have agreed to be in the 

area where data collection will take place. 
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Airborne Image Capture (Day & Night)

With regard to airborne filming AerialWorks Incorporated (“AWI”) adheres to all FAA 

regulations. Further AWI airborne teams operate under the principals of: Safety First, 

Quality Assurance, Accountability, Reporting, and Training. When approved by the FAA it is 

AWI’ mandate to treat all sUAS operations the exact same as that of conventional aircraft. 

Approval of exemptions allowing commercial operations of sUASs in the Film & Video 

production industry will enhance safety by reducing risk. Conventional film & digital 

operations, using jet or piston powered 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 vehicles that weigh in the neighborhood of 4,000lbs., carrying large 

amounts of Jet A or other fuel (111 gallons for jet helicopter shown below). Such aircraft 

must fly to and from film location. In contrast, a sUAS weighing fewer than 55lbs. (AIR6 

camera platform shown below) and powered by batteries eliminates virtually all of the risk 

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

sUAS is typically transported to the location via auto or cargo van in a medium sized case 

and is never flown to set. The sUAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights.

 AIR6 HEXCOPTER WEIGHT APPROXIMATE 10 LBS MAX GROSS WEIGHT 206 LONG RANGER: 4,550 LBS
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The operation of small UASs, weighing less than 55lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of 

Part 21 and allowing commercial operations. These lightweight aircraft 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 production crew. 

 MULTIROTOR – LOW LEVEL CLOSE RANGE CONVENTIONAL ASTAR CAMERASHIP NOSEMOUNT 

The primary market of interest for AWI utilizing sUASs is low level close range Visual Data 

Capture (filming – motion & stills) for Features, Commercials, Broadcast TV, Industrial 

Safety / Training, and Marketing projects requiring high resolution imagery. To simulate 

sUAS aircraft flying at below 400 feet AWI has conducted manned aircraft data collections 

utilizing gyro-stabilized systems (i.e., CineFlex, Wescam) with standard long telephoto 

lenses. The use of sUAS will allow the above mentioned applications to fill in the data gaps 

where traditional aircraft are currently restricted or not practical. In addition AWI is 

conducting engineering research with local universities addressing a number of sUAS 

concerns (i.e., RF shielding, flight control range, detect and avoid). 
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It is anticipated that the airborne image capture process will be accomplished in both day 

and night environments. Currently, conventional aircraft are flown in highly populated and/or 

urban areas, with turbine powered helicopters. The grant of this exemption request will 

provide improved safety in both day and night operations. To capture the highest quality of 

resolution the majority of airborne data collections will take place during the 10:00am –

4:00pm window. There may be night operations conducted where infrared sensors will be 

deployed. If such operations are required the ground facilities and the subject tower 

assemblies may require additional lighting so that visibility is as though it was conducted 

during daylight hours. 

Summary

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 – provide more than adequate justification for the 

grant of the requested exemptions allowing commercial operation of applicant’s sUAS in the 

motion picture and television production industry pursuant to the Manual appended hereto. 

AWI is eagerly standing by to support the FAA and sUAS community in its quest to establish 

proper regulations and protocols for the safe introduction of unmanned aircraft into the 

national airspace. 

Sincerely,

Edward A. Silva

Chief Executive Officer

AerialWorks, Incorporated