February 10, 2015

Ross Tsantoulis 

Lightcanvas Films LLC

265 Edward J Roy Drive

Unit 219

Manchester, NH 03104

(603) 682 1015

ross@lightcanvas.co

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave, SE 

Washington, DC 20590

Re: Section 333 of the FAA Reform Act of 2012 

Dear Administrator,

Lightcanvas Films, LLC, herein referred to as (the petitioner), is writing pursuant to the FAA 

Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request 

that the petitioner, Lightcanvas Films LLC, an owner and operator of small unmanned aircraft system

(sUAS), petition for exemption from the Federal Aviation Regulations listed below and any 

regulation as required by the FAA that is deemed necessary in order to conduct commercial UAS 

operations as described.

The requested exemption would permit the petitioner to pursue, safe, professional, for profit 

services to private and public entities within the State of New Hampshire and adjoining states 

utilizing a small unmanned aircraft system (sUAS) for aerial still and video data capture for, but not 

limited to the following purpose:

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

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public

events, and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities

or government has requested it.

The proposed services are offered with the intent of enhancing the development and safe operation of

unmanned aircraft systems. The use of UAS could fulfill a service to consumers and small entities 

that would otherwise not exist due to the risks and costs involved with manned aircraft.

Page 1 of 8
The UAS’s to be utilized during the operations are a highly successful consumer grade small 

rotorcraft in the quad copter and octo copter configuration manufactured by DJI and have the 

manufactures model designation Phantom 3, Inspire 1, and Spreading Wings S1000. These UAS’s 

utilize an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with 

global positioning system (GPS) to maintain its geospatial orientation and position. They are

controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry 

information is transmitted back to a ground control station allowing the operator and/or PIC to 

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and 

control camera angle. They have failsafe modes of operation for either loss of RC or GPS signal. 

Altitude can be limited by the onboard flight controller and maximum altitude can be 

preprogrammed by the PIC. Battery life limits flight times to approximately 15-25 minutes. The 

onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching 

a low battery state. An automatic termination of flight and landing will be initiated when the battery 

reaches a predetermined low state.

In addition to the requirements already set forth by C.F.R. Title 14 and the applicable FAR, 

The petitioner will,

(1) Only operate the DJI Phantom 3, DJI Inspire 1, or DJI Spreading Wings S1000 when 

weighing less than 55 pounds including payload.

(2) Not use this equipment for purposes of closed-set motion picture and filming.

(3) Operate at speeds not exceeding 100 miles per hour or maximum operating speed 

recommended by the aircraft manufacturer.

(4) Operate at an altitude no greater than 400 feet (AGL) above the ground.

(5) Only operate its UA in direct visual line of sight of the pilot and observer without use of a 

visual aid other than corrective lenses.

(6) Utilize a visual observer (VO) for all UA operations.

(7) Operate with due vigilance and known practiced see and avoid scanning techniques to avoid 

any conflicts with manned or other UAS aircraft that may enter the UAS operating area. The 

UAS flight will be immediately terminated if a potential conflict may exist.

(8) Maintain and ispect the UAS to ensure that that it is in a condition for safe operation befor 

each flight.

(9) Terminate flight when any unsafe condition exists.

(10) Follow UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limits 

for the aircraft.

Page 2 of 8
(11) Comply with all manufacturer's safety bulletins.

(12) Ensure that the PIC holds either an airline transport, commercial, private, recreational, or 

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

valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a 

territory, a possession, or the Federal government. The PIC will also meet the flight review 

requirements specified in14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her

pilot certificate.

(13) Ensure that 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.

(14) Ensure that UAS operations are not conducted during night.

(15) Ensure that the UA does 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 symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s management is 

obtained or otherwise permitted by a COA issued.

(16) Ensure that the The UA is not operated less than 500 feet below or less than 2,000 feet 

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

(17) Ensure that if the UAS loses communications or loses its GPS signal, the UA will return to a 

pre-determined location within the private or controlled-access property.

(18) Ensure that a flight does not begin unless (considering wind and forecast weather conditions)

there is enough available power for the UA to conduct the intended operation and to operate 

after that for at least 5 minutes or with the reserve power recommended by the manufacturer 

if greater.

(19) Ensure that all operations are conducted in accordance with an Air Traffic Organization 

(ATO)-issued Certificate of Waiver or Authorization (COA). 

(20) Ensure that all aircraft operated in accordance with this exemption will be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification (N−Number) 

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as

practicable.

Page 3 of 8
(21) Ensure that the proper documentation of the safe operation and flight of the UAS and any 

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, and be made available 

to the Administrator or any law enforcement official upon request.

(22) Ensure that the UA will remain clear and give way to all manned aviation operations and 

activities at all times.

(23) Ensure that the UAS is not operated by the PIC from any moving device or vehicle.

(24) Ensure that all Flight operations are conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures.

(25) Ensure that all operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

(26) Ensure that any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA is reported to the FAA's

UAS Integration Office (AFS−80) within 24 hours. 

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

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(c)

14 CFR 91.121

14 CFR 91.151 (a)14 CFR 91.203 (a) & (b) 14 

CFR 91.405 (a)

14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §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 for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the particular small UAS. In all cases, an analysis of these criteria 

demonstrates that the small UAS operated without an airworthiness certificate, in the restricted 

Page 4 of 8
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 small UAS 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 and designated area. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by both the operator and under the requirements and in compliance 

with local public safety requirements. These safety enhancements 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 small 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.

14 C.F.R. § 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.

Identification (N-Number) Markings will be marked as large as practicable.

14 C.F.R. § 61.113(a)&(b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant

to 14 CFR 61.113 (a)&(b), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. Because our 

small UAS’s do not carry any pilots or passengers nor property, 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 certificate rather than a commercial pilot’s certificate to operate the UAS, therefore I 

am seeking an exemption to 14 CFR 61.113(a)&(b). The risks attendant to the operation of small 

UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel 

the operation and limitations set forth will equate to the safe operation of the small UAS.

14 C.F.R. §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 for maintenance and use of safety checklists prior to each flight an equivalent level of 

safety will be provided.

14 C.F.R. § 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 small UAS, 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 

Page 5 of 8
aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground

control point where the pilot flying the small UAS will have immediate access to it.

14 C.F.R. § 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. The OPERATOR will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before initiation of

flight.

14 C.F.R. §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. Small 

UAS 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. The 

equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the

aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a small UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

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

will never operate at higher than 400 AGL. The equivalent level of safety will be achieved given the 

size, weight, speed of the small UAS as well as the location where it is operated. No flight will be 

taken without the permission of the property owner or local officials. Because of the advance notice 

to the property owner and participants in the filming activity, all affected individuals will be aware of

the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far 

more than the maximum 55lbs. 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 addition, the low-altitude operations of the small UAS will ensure separation 

between these small UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference 

to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” As the small UAS may not have a barometric altimeter, but 

instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming

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

Page 6 of 8
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 small UAS provides approximately 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the small 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 twilight VFR conditions is reasonable. Applicant believes that an exemption 

from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the small UAS, in a 

tightly controlled area where only people and property owners or official representatives who have 

signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type 

of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. 

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

exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by 

limiting flights to 20 minutes or 20% of battery power— whichever happens first. This restriction 

would be more than adequate to return the small UAS to its planned landing zone from anywhere in 

its limited operating area.

14 C.F.R. §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 (a)

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 small 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 small UAS.

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

point where the pilot flying the small UAS will have immediate access to them; to the extent they are 

applicable to the small UAS.

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

regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed

in subpart E of this part and shall between required inspections, except as provided in paragraph (c) 

of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and others 

shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. The petitioner will complete all authorized component 

replacements at the petitioner’s base of operations or in the field as required. The manufacturer or 

Page 7 of 8
authorized repair center will complete any maintenance or repairs that cannot be completed by the 

petitioner. An equivalent level of safety will be achieved because the UAS is very limited in size and

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

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the UAS Manufacturer's User Manual. The operator will ensure that

the UAS is in working order prior to initiating flight and perform required maintenance as needed.

Thank you for your consideration of this request. If there are any areas that have not been addressed, 

please contact the petitioner for supplemental information.

Sincerely,

Ross Tsantoulis 

Lightcanvas Films LLC

265 Edward J Roy Drive

Unit 219

Manchester, NH 03104

(603) 682 1015

ross@lightcanvas.co

Page 8 of 8