4TWELVE PICTURES

Owners: Dan Finegold & Josh Eisenfeld

5111 Keystone st

Pittsburgh, PA. 15201

412‐452‐3028

U.S. Department of Transportation Federal Aviation Administration

November 10, 2015

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

Aviation Regulations from: 14 CFR 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 91.151(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)

To Whom it may concern,

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

2012 (the “Reform Act”) and 14 CFR Part 11, Christopher Brunsvold, owner of 4TWELVE PICTURES which

owns and operates an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed

Federal Aviation Regulations (FARs) to allow commercial operation of its 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 operation of an UAS, as described herein, which are equipped with camera(s) and sensors,

would operate in the following manner:

‐ Aerial photography and/or video for public and/or private use including documentary film,

narrative film and other related professional activities.

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

events, private events, cinematography and news gathering.

4TWELVE PICTURES operates one 3DR SOLO (4) blade quad copter weighing 4 pounds. The UAS has a

maximum airspeed of 55 miles per hour and uses a remote controller operating on frequency of 2.40

GHZ. The 3DR Solo is equipped with built‐in ground support technology that allows it to fly utilizing

global positioning system (GPS) for stability, tracking, smart shot modes and a return‐to‐home feature in
the event of loss of remote control signal or critical low battery. All flights start with a pre‐flight safety

check and all flight data are recorded. The 3DR Solo is equipped with a gimbal mounted camera that

sends a live video signal to the controller allowing the person in control (PIC) to monitor real‐time video.

Flight data, speed height, distance, battery level and general aircraft conditions are also displayed during

operation. The 3DR Solo battery has a flight time of 20‐25 minutes and is, therefore, always returned to

original takeoff point and always flown utilizing visual line of sight (VLOS). We have been training on the

3DR Solo for four 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 15‐25 minutes per flight.

‐ Land UAS prior to the manufacturer's 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 10 hours minimum flying UAS

quad copters under varying conditions and environments and will follow all safety protocol of 4TWELVE

PICTURES 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 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 333 of P.L. 112‐95 (Section 333).

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

word “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 nor property. The Risks attendant

to the operation of the UAS is far less than the risk levels inherent in the commercial activities outlined

in 14 CFR §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 inapplicable. We request an exemption from 14 CFR 91.405(a), 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 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 3DR Solo 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 the altitude of 400 feet above ground level (AGL) and 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 those in relation to minimum safe 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 91.121 Altimeter Settings, as it is inapplicable since the UAS

utilizes electronic GPS with a 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 15‐20 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 an 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 30 percent battery power remaining.

Summary

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

provided:

1. 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 1 Aircraft System.

2. The UAS will not be flown at an indicated airspeed exceeding 40 mph.
3. 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.

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

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

6. 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.

7. 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.

8. 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 included in the preflight inspection.

All maintenance and alterations will be properly documents in the aircraft records.

9. 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.

10. 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.

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

replacement, inspection and life limit requirements.

12. 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.

13. Each UAS operated will comply with all manufacturer Safety Bulletins.

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

15. against discrepancies discovered between inspections.
16. The PIC will also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in

which the PIC is rated on.

17. Prior to operations conducted for the purpose of aerial videography/cinematography and (or

similar operations), 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.

18. The PIC will not operate the UAS for the purpose of aerial videography/cinematography and

augmenting real estate listing videos (or similar operations), 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

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

19. UAS operations will not be conducted during night hours, as defined in 14 CFR 1.1 All operations

will be conducted under visual meteorological conditions (VMC).

20. The UAS will not operate within five nautical miles of an airport reference point as denoted on a

current FAA‐published aeronautical chart.

21. 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.

22. 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.

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

with the operating documents.

24. 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.

25. 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.

26. 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.

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

activities at all times.

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

29. The UAS will not be operated over congested or densely populated areas unless contracted out

to do events.
30. 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

persons 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.

● 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).

31. All operations will be conducted over private or controlled‐access property 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.

32. 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

On behalf of 4TWELVE PICTURES, I would like to thank you for your consideration in granting this

exemption.

Signed,

4TWELVE PICTURES

Dan Finegold