Liberty Productions LLC

540 West Main Street

Helena, MT 59601

1

Liberty Productions LLC

Owner: Conrad Evarts

540 W Main Street

Helena, MT 59601

406-475-4994

U. S. Department of Transportation

Federal Aviation Administration

October 27, 2015

Re: Exemption request pursuant to Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations from : 14CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 

61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.109; 14 CFR 

91.119(c); 14 CFR 91.121; 14 CFR 19.151(a); 14 CFR 91.203(a) and (b); 14 CFR 

91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (2); 14 CFR 91.417(a) and (b).

Dear Sir or Madam,

Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization 

and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Conrad Evarts, owner 

of Liberty Productions LLC, which owns and operates an Unmanned Aircraft System 

(UAS), herby applies for an exemption from the listed Federal Aviation Regulations 

(FAR’s) to allow commercial operation of it’s UAS, 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.

Commercial operations of an UAS, as described herein, which are equipped with 

camera(s) and sensors, would operate in the following manner:

Aerial video and/or photography for public and/or private use including real estate 

marketing, television, public events, private events, cinematography and news 

gathering.

Liberty Productions LLC operates two DJI Inspire Professional 1 (4) blade quad copter 

weighing 6 pounds, 7.5 ounces (see attached manual). The UAS has a maximum airspeed 

of 40 miles per hour and uses a remote controller operating on frequency range of 2.400 –

2.483 GHZ. The Inspire 1 is equipped with built in ground support technology that allows 

it to fly utilizing global positioning system (GPS) for stability, tracking, safe flight mode 

and a return-to-home feature in the event of loss of remote control signal or critical low 

battery. All flights start with a preflight safety check and all flight data are recorded. The 

Inspire 1 is equipped with a gimbal mounted camera that sends a live video signal to the 

controller allowing the person in control signal to the controller allowing the person in 

control (PIC) to monitor real time video. Flight data, speed height, distance, battery level 
Liberty Productions LLC

540 West Main Street

Helena, MT 59601

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and general aircraft conditions are also displayed during operation. The Inspire

Professional 1 battery has a maximum flight time of approximately 18 minutes and is, 

therefore, always returned to the original takeoff point and always flown utilizing visual 

line of sight (VLOS). We have been training on the DJI Inspire for six months and have 

become proficient in all aspects of flight and safety of this UAS. Our request for 

exemption would allow us to offer unique aerial photography and videography services to 

our clientele. 

UAS Safety Operating Parameters

We will abide by the following additional operating conditions under this exemption, 

which ensures a level of safety during UAS flight, including operating the UAS below 

400 feet and within a radius of 1,000 feet from PIC always maintaining VLOS and 

obtaining permission from the owner/controller of any vessels, vehicles and structures 

when operations may be conducted closer than 500 feet to any such vessels, vehicles or 

structures. We will conduct a safety assessment of the risk of operating closer to those 

objects and determine that it does not present an undue hazard. Other safety operating 

parameters include:

Operate the UAS for 10-15 minutes, or land when 35% is left on battery power, 

whichever comes first.

Land UAS prior to the manufactures recommended minimum level of battery power.

Operate the UAS during daylight hours only within VLOS.

Utilize the UAS’ GPS flight safety feature whereby it hovers and then slowly lands if 

communication with the PIC is lost or battery becomes critically low.

Always obtain all necessary permissions prior to operation.

Have procedures in place to abort flights in the event of safety breaches or potential 

danger.

Review weather reports prior to flight and never operate UAS in unsafe conditions, high 

wind, low clouds or conditions that hinder visibility.

Only operate in safe environments that are strictly controlled, are away from power lines, 

elevated lights, airports and densely populated areas.

Also conduct extensive preflight inspections and protocols during which safety carries 

primary importance.

The PIC will also have a minimum of five hours logged on this craft and ten hours 

minimum flying UAS quad copters under varying conditions and environments and will 

follow all safety protocol of Liberty Productions, LLC as well as guidelines of 14 CFR 

61.51(b) having the ability to safely operate the UAS in a manner consistent with the 

operating documents, including evasive and emergency maneuvers and maintaining 

appropriate distances from people.

Specific Exemptions Requested

Given the size, weight, speed and limited operating area associated with the UAS, we feel 

an exemption from 14 CFR Part 21, Subpart H (Airworthiness Certificates) and 14 CFR 
Liberty Productions LLC

540 West Main Street

Helena, MT 59601

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91.203(a) and (b) (certifications required), subject to certain conditions and limitations, is 

warranted and meets the requirements for an equivalent level of safety under 14 CFR Part 

11 and Section 33 of P.L. 112-95 (Section333).

We request an exemption from 14 CFR 45.23 Marking of the Aircraft because the UAS 

will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. 

Further, the two-inch lettering is difficult to place on such a small aircraft with 

dimensions smaller than the minimal lettering requirement. Regardless of this, we can 

mark the UAS in the largest possible lettering by placing the work “Experimental” on its 

fuselage as required by 14 CFR 45.29(f) so that anyone will see the markings.

We request an exemption from 14 CFR 61.113(a) and (b) Private Pilot Privileges and 

Limitations: Pilot in Command. The applicant’s UAS do not carry any pilots or 

passengers not property. The Risks attendant to the operation of the UAS is far less than 

the risk levels inherent in the commercial activities outlined in 14CFR 61. The operation 

and limitations in the flight operation manual (FOM) will equate to the safe operations of 

the UAS.

We request an exemption from 14 CFR 91.7(a) which prohibits the operation of an 

aircraft without an airworthiness certificate, since there is currently no certificate 

applicable to our operation, this regulation is in applicable. We request an exemption 

from 14 CFR 91.405(s), 14 CFR 91.407(a)(1), 14 CFR 91.409(a)(2) and 14 CFR 91.417 

(a) and (b) Maintenance inspections since they only apply to aircraft with an 

airworthiness certificate. However, as a safety precaution, we will perform a preflight 

inspection of the UAS before each flight as outlined in the attached operating documents.

We request an exemption from 14 CFR 91.9(b)(2) which requires an aircraft FOM in the 

aircraft, however, since there are no pilots or passengers on board the aircraft, and given 

its size, this regulation is inapplicable. We believe an equivalent of level of safety will be 

achieved by maintaining a safety/flight manual with the UAS ground station.

We request an exemption from 14 CFR 91.109 Flight Instruction: Simulated Instrument 

Flight and Certain Flight Tests. The regulation states that “no person may operate a civil 

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

dual controls”. Although the DJI Inspire Professional 1 is capable of dual/linked controls, 

we will be operating with a single remote controller.

We request an exemption from 14 CFR 91.119(c) which prescribes safe altitudes for the 

operation of civil aircraft, but allows helicopters to be operated at lower altitudes in 

certain conditions. We will not operate our UAS above 400 feet above ground level 

(AGL). The DJI Inspire Professional 1 has a built in regulator to keep the UAS at or 

below 400 feet AGL, and it is company policy that the regulator will not be overridden. 

We will also only operate in safe areas away from the public and traffic, thus “providing 

a level of safety at least equivalent to or below this in relation to minimum safe 
Liberty Productions LLC

540 West Main Street

Helena, MT 59601

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altitudes”. Given the size, weight and maneuverability and speed of the UAS, an 

equivalent or higher level of safety will be achieved.

We request an exemption from 14 CFR 19.121 Altimeter Settings, as it is inapplicable 

since the UAS utilizes electronic GPS with barometric sensor. We request an exemption 

from 14 CFR 91.151(a) Fuel Requirements for Flight in visual flight rules (VFR) 

conditions. The UAS is 100 percent electric and two low battery alerts are issued – per 

the operating documents, the UAS will be landed at the first alert. Also, our flights will 

last only 10 – 15 minutes each and the UAS has an automated function, which results in 

immediate landing when a low battery is detected. The PIC will not begin a flight unless, 

considering wind and forecast weather conditions, there is enough power to fly to the first 

point of intended landing and, assuming normal cruising speed, land the UAS with 35

percent battery power remaining.

Summary

We will comply with all of the following conditions and limitations should this grant of 

exemption be provided:

Operations will be limited to the following aircraft described in the operating documents 

which is a quad-rotor aircraft weighing less than seven pounds: DJI Inspire Professional 1 

Aircraft System.

The UAS will not be flown at an indicated airspeed exceeding 40 mph.

The UAS will be operated at an altitude of no more than 400 feet AGL, as indicated by 

the procedures specified in the operating documents.

The UAS will be operated within VLOS of the PIC at all times.

All operations may utilize a visual observer (VO). The UAS will be operated within the 

VLOS of the VO at all times. The VO and PIC will be able to communicate verbally at 

all times. 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 functions prescribed in the operating documents.

The operating documents will be accessible during the UAS operations and made 

available to the Administrator upon request. Any revisions to the operating documents 

will be presented to the Administrator upon request.

Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe 

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

UAS will not be operated until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. The Ground Control Station will be 
Liberty Productions LLC

540 West Main Street

Helena, MT 59601

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included in the preflight inspection. All maintenance and alterations will be properly 

documented in the aircraft records.

Any UAS 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. The PIC who conducts the functional test flight will make an entry into the 

aircraft records.

The pre-flight inspection section in the operating documents will account for all 

discrepancies i.e. inoperable components, items or equipment not already covered in the 

relevant sections of the operating documents.

We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspections and life limit requirements.

We will carry out maintenance, inspections and record-keeping requirements, in 

accordance with the operating documents. Maintenance, inspection and alterations will be 

noted in the aircraft records, including total flight hours, description of work 

accomplished and the signature of the authorized person returning the UAS to service.

Each UAS operated will comply with all Manufacturer Safety Bulletins.

An authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.

The PIC will also meet the flight review requirements specified in 14 DFR 61.56 in an 

aircraft in which the PIC is rated on.

Prior to operations conducted for the purpose of aerial videography/cinematography, the 

PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a 

minimum of five hours as an UAS pilot operating the make and model of the UAS to be 

used in operations.

The PIC will not operate the UAS for purpose of aerial videography/cinematography, 

unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 

61.51(b), the ability to safely operate the UAS in a manner consistent with the operating 

documents, including evasive and emergency.

UAS operations will not be conducted during night hours, as defined in 14 CFR1.1. All 

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

The UAS will not operate within five nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart.
Liberty Productions LLC

540 West Main Street

Helena, MT 59601

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The UAS 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 three statute miles from the PIC.

If a UAS loses communications or loses its GPS signal, it will return to a predetermined 

location within the planned operating area and land or be recovered in accordance with 

the operating documents.

The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

The PIC will not begin a flight unless, considering wind and forecast weather conditions, 

there is enough power to fly at a normal cruising speed to the intended landing point and 

land the UAS with 30 percent battery power remaining.

Before conducting operations, the radio frequency spectrum used for operation and 

control of the UAS will comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

The documents required under 14 CFR 91.9 and 14 CFR 91.203 would be available to 

the PIC at the Ground Control Station of the UAS at any time the UAS is operating. 

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

official upon request.

The UAS will remain clear and yield the right of way to all manned aviation operations 

and activities at all times.

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

The UAS will not be operated over congested or densely populated areas unless 

contracted out to do events. Due to the nature of our business, the majority of the UAS 

operations will be in rural and remote locations.

The UAS will not be used for hunting purposes as the company adheres to a strict “fair 

chase” hunting standard. We will contact state fish and game departments where use will 

occur to ensure we are in compliance prior to our arrival on location.

Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles and structures unless:

Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UAS and/or debris in the event of an accident. We will ensure 

that nonparticipating person remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UAS, flight operations must cease immediately.
Liberty Productions LLC

540 West Main Street

Helena, MT 59601

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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 made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard.

Operations near to the PIC, VO, operator trainees or essential persons do 

not present an undue hazard to those persons per 14 CFR 91.119(a).

Operations conducted over private or controlled-access property will be with permission 

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be 

conducted. On public land, proper permits will be in place and prior clearance from state 

or federal agencies will be obtained for each flight to be conducted.

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

boundaries of the operational area as defined by the applicable certificate of authorization 

(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) per 

instructions contained on the NTSB website: www.ntsb.gov.

I would like to thank you for your consideration in granting this exemption for Liberty 

Productions LLC.

Signed,

Conrad Evarts

Conrad Evarts, Owner

Liberty Productions LLC