Bradley Garrett, Esq. 

Phone: +1 310-285-7373 

bradley@cohengardnerlaw.com 

April 24, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

cohen gardner lip 

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

Regulations from 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.119; 91.121; 91.151(a); 

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b). 

To whom it may concern: 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform 

Act") and 14 C.F.R. Part 11, Tremendous! Entertainment, Inc. ("Tremendous"), operator of Unmanned 

Aircraft Systems ("UASs") which are setup to utilize aerial filming and photography for motion pictures 

and television productions, submits this exemption petition application. Tremendous seeks exemption 

from the aforementioned listed Federal Aviation Regulations ("FARS") to permit the commercial 

operation of its UASs providing that the operations are conducted only according to that which is 

provided in this petition for exemption or as may be currently or in the future required by the FAA as 

found in Section 333.1, or any other prevailing federal regulations. 

As outlined below, our request for exemption would allow the operation of small unmanned 

aircraft systems under established preset conditions in the air that are 1) narrow in scope 2) predetermined 3) access controlled and 4) improve upon the safety operations that commercial filming 

currently employ (such as using a manned helicopter for aerial footage). Approval of this petition for 

exemption would improve safety as well as provide an opportunity to the Secretary of Transportation 

(the FAA Administrator's) to accomplish their goal to " ... establish requirements for the safe operation of 

such aircraft systems in the national airspace system." See Section 333(c) of Reform Act. 

The name and address of the applicant is: 

Tremendous! Entertainment, Inc. 

COO Jane Durkee (jane@tremendousinc.com, T: 952-258-0220) 

10100 Viking Drive, Suite 200 

Minneapolis, MN 55344 

Tremendous hereby requests an exemption from the following regulations: 

• 14 CFR Part 21 

• 14 CFR 61.113 (a) & (b) 

345 North Maple Dr , Su1te 1 81 • Beverly H1lls . CA 9021 D • 31 D 285 7373 • f 31 D 285 737 4 • www cohengardnerlaw com 
• 14 C.F.R. 91.7 (a) 

• 14 C.F. R. 91.119 

• 14 C.F.R. 91.121 

• 14 CFR 91.151 (a) 

• 14 CFR 91.405 (a) 

• 14 CFR 407 (a) (1) 

• 14 CFR 409 (a) (2) 

• 14 CFR 417 (a) & (b) 

The Tremendous exemption application is intended to achieve Congress' aims in passing Section 

333(a)- (c) of the Reform Act. The reform act instructs the Secretary of Transportation to give 

consideration to whether or not particular unmanned aircraft systems can successfully achieve sufficient 

safety measures for inclusion in the national airspace system ("NAS"). Such an exemption from the 

regulations will only serve as a temporary measure in anticipation of the fulfillment of the rulemaking 

requirement of Section 332 of the Reform Act. In consideration of the petition the Secretary should 

consider which UASs are neither a danger to participants of the NAS or the public at large or present the 

potential to threaten the national security of the United States. These factors should be considered 

according to the Reform Act§ 333 (a): 

• 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. 

If the Secretary decides 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." I d. §333(c). Tremendous believes the provisions found in section 333 of the Reform Act create 

an obligation for the FAA to process applications for exemption and, if necessary, for the FAA to create 

standards for safe use if such standards proposed in this petition for exemption fail to meet statutory 

requirements for approval. 

The authority for the FAA to issue such an exemption is expressly granted in The Federal 

Aviation Act. This statutory authority's terms include an exemption for civil aircraft, as defined under 

§40101 of the Federal Aviation Act, and includes UASs, with the intent to exempt such from the 

mandate that every civil aircraft be required to possess a valid airworthiness certificate. 

If the Administrator finds the exemption request in the public interest the Administrator may 

grant an exemption from requirements of the regulations promulgated under subsections (a) or (b) or 

sections 44702-44716 of this title. 49 U.S.C. §44701(f); See 49 USC §44711(a); 49 USC §44704; 14 CFR 

§91.203 (a) (1). 

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. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203 (a) (1). 

Tremendous' UASs are rotorcraft with a combined weight, including any necessary added 

filming equipment, of fifty five (55) pounds or less. The UASs are capable of moving in vertical and 

horizontal positions at the same time. The UASs can hover and are restricted to speeds of no more than 

thirty five (35) miles-per-hour as implemented by the duly trained operator. UASs operations will always 

be conducted within the line of sight of the operator and will be limited to the confines of a properly 

secured area. For details about what constitutes a properly secured area please see Tremendous' safety 

operations protocol attached as exhibit 1. This application for exemption strongly expresses that the 

structure and operations of these UASs will "not create a hazard to users of the national airspace system 

or the public." Reform Act 333 (b). 

It is congress's intent that the FAA allow commercial UAS operations to begin immediately 

through the process of a granted exemption as long as the proposed operations satisfy the proper zone 

of safety. The limited size, intended cargo (filming equipment) and secure locality ensure there is zero 

national security threat stemming from granting approval of the operations of these particular UASs. 

The administrator should grant this application request because it carries out the intent of Section 333 

of the Reform Act in addition to the authority of the Federal Aviation Act. The grant is in the best 

interests of the public because it limits harmful environmental factors and enhances the safety of both 

the public at large and filming industry workers. Applicants hereby request their application for 

exemption be considered and approved as soon as it can be processed. 

AIRCRAFT CHARACTERISTICS AND SAFETY LEVEL EQUIVALENTS 

The applicant seeks to have this exemption cover only civil aircraft as described therein this 

petition and subject to the limitations proposed within this petition or as should be found necessary by 

the FAA. Motion picture filming companies already safely operate using combustible manned 

helicopters or other manned civil aircraft to achieve many tasks that non-combustible unmanned UASs 

can accomplish with the equivalent or better level of safety. 

Tremendous proposes and agrees to the following limitations and conditions for commercial 

filming UAS operations conducted under a granted FAA exemption: 

1. The total combined weight of the UASs and attached equipment will weigh fifty five (55) pounds or 

less. 

2. At all times the pilot will operate the UAS in an unbroken visual line of sight ("VLOS"). 

3. No flight operations will fly for more than thirty (30) consecutive minutes without first landing and 

changing the batteries and conducting necessary safety checks. 

4. Once the battery is at twenty five percent (25%) the operator must begin return to ground 

procedures. The UASs are not permitted to operate below twenty percent (20%) battery. 

5. Maximum flight altitude shall not exceed four hundred (400) AGL. 

6. A minimum three {3) man crew consisting of the UAS Pilot, Visual Observer, and Camera Operator is 

required to conduct operations. 
7. The UASs Pilot in Command ("PIC") must have at least twenty five (25) documented hours operating 

UASs. 

8. The PIC must have the requisite knowledge about the components required to build and maintain the 

particular type of UASs type they are operating. 

9. A PIC will have a private pilot's certificate. 

10. A PIC will not operate an UAS within five (S) miles of the center of an airport without permission 

from the local FSDO and clearance from the control tower of the airport. 

11. The pilot and observer will have at least a third class medical. 

12. UASs will only operate in a properly secured area. Tremendous pre-flight safety procedures require 

a secured perimeter as described in their pre-flight safety operations manual. 

13. A mandatory briefing that all participating personnel (persons allowed into the filming perimeter) 

must attend in order to go over all pre-flight safety issues and procedures for the day. 

14. A FAA Form 7711-1, or an equivalent, modified as needed to fit the requested exemption, will be 

filed with the relevant Flight Standards District Office. 

15. A UAS may not operate unless persons within one hundred (100) feet of operations have consented 

to being in the secured area, as provided in the Tremendous' pre operations safety manual. With certain 

enhanced safety procedures the required radius may be reduced as low as thirty (30) feet as described 

in the manual. No smaller distance radius shall be allowed without the express approval of the relevant 

FSDO. 

16. The relevant FSDO shall receive a written Activities Agenda at least three (3) days before a proposed 

filming 

date. 

17. At all operational times the pilot and observer will be able to maintain contact through voice 

communication. 

18. Operations shall not be permitted in areas that do not have the consent of the property owners. 

19. Any necessary required permission and/or permits from territorial, state, county or city jurisdictions, 

local law enforcement, fire department, or appropriate government agencies will be obtained 

accordingly. 

20. In the case of emergency, loss of communications or other malfunction, the UASs are preset to be 

able to return to a pre specified location in a safe manner. The UASs can abort a flight in unexpected 

situations or other emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

FAR §91.203 (a) (1) requires the establishment of a process for the granting of airworthiness 

certificates. The process for obtaining an airworthiness certificate is provided for in 14 C.F.R., Subpart H, 

titled Airworthiness Certificates. The small size of the UASs and limited perimeter of the secured 

operations area allow for an equivalent level of safety as envisioned in Part 11 and Section 333 of the 

reform act. The FAA is permitted to exempt aircraft from the airworthiness certificate requirement as 

provided in The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act. An 

exemption may be permitted after consideration of the size, weight, speed, operational capability, 
distance from airports and amount of persons near areas of operation. A careful consideration of these 

factors makes it clear that UASs, lacking an airworthiness certificate, but, implementing the proposed 

conditions and restrictions, can operate just as safe if not safer than conventional aircraft with an 

airworthiness certificate. 

The UASs weigh less than fifty five (55) with a full load and cannot carry a pilot or hold any 

passengers. The UASs do not carry fuel or any other explosive or flammable liquids, and will only be 

operated within the secured zone as provided for in Tremendous' safety manual. The petition for 

exemption will only allow for tightly controlled and very closely observed operations as described in 

Tremendous' safety manual. The FAA will be informed in advance of the operations area and all local 

laws will be followed and abided by. Tremendous' UAS operations without an airworthiness certificate 

will be safer than conventional aircraft operating with an airworthiness certificate because of the 

conduct limitations provided for in this petition that are inapplicable to the latter. The UASs safety 

requirements are similar to requirements used in the production and filming industry for civilian aircraft. 

The UASs operations do not pose a threat to the national security of the United States, or any 

locality found within or without the United States. The purpose of the operations of the UASs is to 

create footage for the filming commercial and movie industry and is not intended in any way for hostile 

acts. The size, speed, area of operations, absence of flammable gasoline or other combustible liquids 

and limitations on payload weight present no credible threat to the United States. 

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

Tremendous seeks exemption from 61.113 so that it's PIC may hold a private pilot's certificate 

instead of a commercial pilot's certificate. In Grant of Exemption No. 11062 to Astraeus Aerial 

(Astraeus), the FAA determined that a PIC with a private pilot's certificate operating the Astraeus UAS 

would "not adversely affect operations in the NAS or present a hazard to persons or property on the 

ground". Tremendous' safety training provides an equivalent level of safety and potentially helps exceed 

current safety levels when compared to manned aerial flights . The knowledge Tremendous has about 

UAS operations is relevant and supplements the safety awareness the PIC learns from getting a private 

pilot's certificate. Tremendous provides safety and education through the use of the safety operations 

manual, pre-flight safety checks and proper care for it's UASs. 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

A grant of exemption from 91.7 is needed because there will be no airworthiness certificate. The 

airworthy conditions will be determined according to Tremendous' safety manual. The pre-flight safety 

procedures found in Tremendous' manual provides for an equivalent level of safety. The PIC will be 

responsible for making sure the aircraft is airworthy before each flight. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes the safe altitudes for operations of civil aircraft. This request for 

exemption asks for the submitted UASs to be permitted to operate at altitudes up to four hundred (400) 

AGL. All operations will occur in a pre-secured area where all persons and property present will have 

given their informed consent. The location, size, weight and speed of the UASs provide for an equivalent 

level of safety. Conventional aircraft flying below five hundred (500} AGL present a much greater risk to 
persons and property than small UASs operating at the same altitude. Risks to conventional aircraft that 

are not applicable to UASs include combustible fuel and large payloads. The low altitude will actually 

create an unintended buffer between UASs operating below four hundred (400) AGL and conventional 

aircraft operating above five hundred (500) AGL as required by Section 91.119. 

Section 91.119(c) provides that no aircraft shall operate within five hundred (500) AGL of any 

"person, vessel, vehicle or structure". Due to the commercial filming nature of the UASs operations, we 

request filming operations be permitted from much closer distances. This would all take place in 

accordance with pre-flight safety procedures. The operations manual provides that all persons within 

one hundred (100) feet must give their consent to be present and that such permission may be reduced 

to 30ft with enhanced safety procedures in place in addition to the mandatory safety briefing involving 

all persons including the PIC. Filming with UASs instead of manned helicopters provides an increased 

level of safety to the public and the crew working on the set. 

14 C.F.R. §91.121 Altimeter Settings 

91.121 contains language requiring an aircraft to maintain an altimeter. The UASs do not have a 

traditional barometric altimeter and therefore an exemption may be needed. The UASs are, however, 

able to provide an equivalent level of safety through use of GPS altitude equipment. The GPS 

component attached to the UAS uses a communications telemetry data link to send the AGL information 

to the PIC to effectively monitor safety and the flight path. Methods include GPS triangulation, digitally 

encoded barometric altimeter, radio altimeter or any combination. The GPS on the UAS transmits the 

appropriate data digitally to a ground readout handheld controlled by the PIC. The UAS PIC will reset the 

altitude to zero before every launch. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) disallows aircraft from flying without first having at least thirty (30) minutes 

of fuel beyond their time to take off and land under normal conditions if it is during the day and forty 

five (45) minutes for the night. Since the UASs can only operate for 30-45 mins total, before landing and 

replacing their batteries, an exemption may be needed. Allowing UAS operations until battery life has 

reached twenty percent (20%) of its full strength will ensure an equivalent level of safety compared to 

conventional aircraft operations with thirty (30) minutes extra fuel. The UAS is set to automatically 

return to a pre-determined landing spot in the case of emergency and this can be accomplished very 

quickly. Conventional aircraft generally have less flexibility for landing than a small lightweight UAS. 

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

These regulations are for conventional aircraft with an airworthiness certificate and are 

therefore incompatible with the operations of an UAS. Tremendous' UAS operators are the best suited 

people to perform maintenance on the UASs. This is because they have specialized knowledge about the 

components that a typical aviation inspector would lack. The size, payload, location restrictions and 

height limits allow for an equivalent level of safety. Maintenance shall be performed on a daily basis as 

required and a log of all maintenance activities kept. 

************************************ 
In accordance with 14 C.F.R. Part 11, the summary below is provided for publication in the 

~ederal Register, should it be determined th<~t publication is warrontcd: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R. §§ 61.113( a) & (b); 91.7 (a); 91.119; 91.121; 91.151(a); 

91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate for commercial 

purposes small unmanned aerial systems (weighing less than S51bs) for aerial filming and photography 

for short films, motion pictures, and commercial filming. 

Approval for this section 333 exemption will increase public safety and reduce the risk to on set 

personnel and property. Currently, most aerial filming is done by various filming studios using manned 

airplanes. The~e airplanes weigh thousands of pounds and require the use of combustible gasoline in 

order to operate. In comparison, an Unmanned Aerial System can accomplish the same commercial 

filming operations with an equivalent or better level of safety because they are lightweight, battery 

operated, and not equipped to carry persons into the NAS. 

The· exemption should be granted to allow the commercial operation ofTremendous' UASs 

under the strict conditions outlined above. The UAS:; arc much slower than conventional aircraft and 

operatt:: in a pre-secured area, therefore, providing an equivalent level of safety. The UASs pose a 

reduced risk to on set filming when compared to conventional aircraft near persons and/or property. 

Privacy 

Permission from property owners will be obtained prior to filming. UAS operations may not 

proceed unless. persons proximate to the filming set have consented. 

The UASs size, weight, speed, operatine capabilities, and proximity to airports and populated 

areas all satisfy Section 333 of the Reform Act. All operations occur within the visual line of sight of the 

operator and pose no threat to national security. Tremendous kindly requests consideration to receive a 

Section 333 exemption grant to allow the commercial operation of Tremendous' UASs in the commercial 

filming industry in accordance with the conditions requires, or as may be required, and in accordance 

with the rules and procedures found int eh attached safety manual. 

Sincerely, 
The following exhibits have been submitted via post confidentially to supplement this public 

electronic petition: Tremendous' UAS Models/Specs, Tremendous' safety protocol and certificate 

of liability insurance