U.S. DOT 

August 7, 2015

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August 7, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act 

and Part 11 of the Federal Aviation Regulations from: 14 CFR 61.113(a) 

and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 

(a)(1) and (2); 91.417(a) and (b). 

Dear Sir or Madam: 

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

(the“Reform Act”) and 14 C.F.R. Part 11, Thunderlab Digital Media, LLC.

(“Thunderlab”) an operator of Unmanned Aircraft Systems (“UASs”) for aerial 

photography for the motion picture and television industry, hereby applies for an 

exemption from the Federal Aviation Regulations (“FARs”) to allow commercial 

operation of its UASs. 

On or about September 25, 2014, the FAA granted exemptions to six UAS 

operators, including Astraeus Aerial (the “Astraeus Exemption”). As set forth in 

Thunderlab’s Flight Operations and Procedures Manual (the “FOPM”) and 

Motion Picture Television Operations Manual (both submitted under separately 

under 14 CFR 11.35(b)), Thunderlab will adhere to the terms of the Astraeus 

Exemption. 

Thunderlab’s requested exemption would permit the operation of small, 

unmanned UAS under controlled and “sterile” conditions in motion picture and 

television airspace that is: (i) limited, (ii) predetermined, (iii) subject to controlled 

access, and (iv) provide greater safety in connection with aircraft operations in 

the film and television industry. As established by the exemptions already 
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granted by the FAA, approval of Thunderlab’s exemption would 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. 

The name and address of the applicant is: 

Thunderlab Digital Media, LLC.

Attn: Andrew Stegmeyer.; Ph: 847.529.7054

Email: andy@thunderlab.com

Address: 4430 N. Damen Avenue | Chicago, IL 60625 

Regulations from which the exemption is requested: 

14 CFR 61.113(a) and (b) 

14 C.F.R. 91.103

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) and (b) 

UASs operated by Thunderlab weigh less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbal). They operate at speeds of no more 

than 50 knots, can hover, and can simultaneously move vertically and 

horizontally. Thunderlab will only operate its UASs in line of sight and will 

operate only within the sterile area described in the FOPM. Such operations will 

insure that the UAS will “not create a hazard to users of the national airspace 

system or the public.” 

Given the small size of Thunderlab’s UASs and the restricted sterile 

environment within which they will operate, Thunderlab’s UAS operations 

adhere to the Reform Act’s safety requirements. Additionally, due to the size of 

the UASs and the limited areas in which they will operate, approval of this 

application presents no national security issues. Based on the substantial level 

of safety surrounding the proposed operations, and the significant public benefit 

(enhanced safety), reduction in environmental impacts (reduced emissions and 

noise), the grant of the requested exemption is in the public interest. 

Accordingly, Thunderlab respectfully requests that the FAA grant the requested 

exemption without delay. 

Aircraft And Equivalent Level Of Safety 
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The operating limitations proposed by Thunderlab provide for at least an 

equivalent or higher level of safety because operations further enhance safety 

of movie and television filming using conventional aircraft. 

As set forth in the FOPM, the limitations and conditions include: 

 • The UASs will weigh less than 55 pounds 

 • Flights will be operated within line of sight of a pilot and/or observer. 

 • Maximum 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. 

 • Flights will be operated at an altitude of no more than 400 feet AGL, and 

not more than 200 feet above an elevated platform from which filming is 

planned. 

 • Minimum crew for each operation will consist of the UAS Pilot, the Visual 

Observer, and the Camera Operator. 

 • A UAS pilot will be an FAA licensed airman with at least a private pilot’s 

certificate and third class medical. 

 • A UAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder 

other than the UAS Pilot, who possesses the necessary PIC 

qualifications, is also present on set (i.e. the Aerial Coordinator), that 

person can also be designated as PIC. 

 • The UAS will only operate within a confined “Sterile Area” as defined in 

the FOPM. 

 • The FOPM requires the establishment of a “Security Perimeter” for the 

flight operations area. 

 • A briefing will be conducted for planned UAS operations prior to each 

day’s flight. All personnel performing duties within the boundaries of the 

safety perimeter are required to attend. 

 • 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”). 

 • The operator will obtain consent of all persons involved in the filming and 

ensure that only consenting persons will be allowed within 100 feet of the 

flight operation. This radius may be reduced to 30 feet based upon an 

equivalent level of safety determination, as required under the FOPM. 

With the advanced permission of the FSDO, operations at closer range 

can be approved. 

 • The operator will submit a written Plan of Activities to the FSDO three 

days before the proposed shoot as required in the FOPM. 

 • The Pilot and observer must be trained in UAS operations and have 

received current information on the particular UAS to be operated as 

required by the FOPM. 

 • The Observer and pilot will at all times be able to communicate by voice 

and/or text. 

 • Written and/or oral permission from the relevant property holders will be 

obtained. 
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 • All required permissions and permits will be obtained from territorial, 

state, county, or city jurisdictions, including local law enforcement, fire, or 

other appropriate governmental agencies. 

 • If the UAS loses communications or loses its GPS signal, the UAS will 

have the capability to return to a pre-determined location within the 

Security Perimeter and land. 

 • The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

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

Command 

Sections 61.113 (a) and (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 a small UAS. Unlike a conventional 

manned aircraft, a UAS is remotely controlled by a ground-based operator. The 

operational area is controlled and restricted, and all flights are planned and 

coordinated in advance. The level of safety exceeds that provided by a single 

individual holding a commercial pilot’s certificate operating a conventional 

aircraft. The risks associated with the use of a UAS are so diminished from the 

level of risk associated with commercial operations contemplated by Part 61 

allowing UAS use by a private pilot as the PIC exceeds the present level of 

safety sought by 14 C.F.R. §61.113 (a) and (b). 

14 C.F.R. § 91.103: Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight to insure 

the safety of flight. As FAA approved rotorcraft flight manuals will not be used, 

an exemption is requested. However, an equivalent level of safety will be 

provided. The PIC will take all actions, including reviewing weather, flight battery 

requirements, landing and takeoff distances, and aircraft performance data 

before commencement of flight. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 provides, in pertinent part, that: 

“except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: ..... 

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure.” 
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Because Shotover requests authority to operate at altitudes only up to 400 AGL, 

and not more than 200 above an elevated platform from which filming is 

planned, an exemption is needed to allow such operations. Except for the 

limited conditions stated in the FOPM, the UAS will never operate higher than 

400 AGL. It will, however, be operated in a restricted area within a 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, and speed 

of the UAS as well as the location where it is operated. No flight will be taken 

without the permission of property owners or local officials. Because of the 

advance notice to the property owners and participants in the filming activity, all 

affected individuals will be informed of the planned flight operations. Compared 

to flight operations for manned aircraft and the lack of flammable fuel, any risk 

associated with the proposed UAS operations is far less than conventional 

aircraft operating at or below 500 AGL. In addition, the low-altitude operations of 

the UAS will ensure separation between a UAS and conventional aircraft. 

14 C.F.R. §91.121 Altimeter Settings 

Section 91.121 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 a UAS may not have a barometric altimeter, but instead a GPS altitude data, 

an exemption is needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the FOPM and Safety Check list, confirming the altitude of 

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

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 . . . .” 

The battery powering the Thunderlab UASs provides approximately 40 minutes 

of powered flight. To meet the 30-minute reserve requirement in 14 CFR 

§91.151, UAS flights will be limited to approximately 10 minutes in length. Given 

the limitations on the UAS’s proposed flight area and its proposed operations 

within a predetermined location, a longer time frame for flight in daylight VFR 

conditions is reasonable. Furthermore, operating the UASs in a tightly 

controlled area where only people, property owners, or official representatives 

who have signed waivers will be allowed, less than 30 minutes of reserve fuel 

does not engender the type of risk that §91.151(a) was intended to address. 
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Thunderlab believes that safety can be achieved by limiting flights to 30 minutes 

or 25% of battery power, whichever occurs first. This restriction would be more 

than adequate to return the UAS to its pre-determined landing zone from 

anywhere in its limited operating area. 

Thunderlab is not seeking an exemption for night-time UAS operations.

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 sections and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to Thunderlab operations. 

Maintenance will be accomplished by the operator. An equivalent level of safety 

will be achieved because the UASs are limited in size, 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 feet AGL. As provided in the FOPM, the operator will ensure 

that the UAS is in working order prior to flight, perform any required 

maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the UAS and best suited to maintain it 

in an airworthy condition.

Summary for Publication 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication 

in the Federal Register, should it be determined that publication is needed: 

Thunderlab seeks an exemption from the following rules: 

14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 

91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a 

small unmanned vehicle (55 pounds or less) in motion picture and television 

operations. 

As established by the UAS exemptions already granted by the FAA, allowing 

commercial operations of UASs in the film industry will enhance safety by 

reducing risk. Conventional film operations, using turbine aircraft, operate at low 

altitudes and present the risks associated with aircraft that weigh around 4,000 

pounds, and which carry large amounts of Jet A fuel. Such aircraft must also fly 

to and from the film location. In contrast, a UAS weighing fewer than 55 pounds 
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and powered by batteries eliminates virtually all of that risk given the small size 

and lack of combustible fuel. The UAS is carried, and not flown, to a film set. In 

this regard, the UAS carries no passengers or crew and, therefore, will not 

expose them to the risks associated with manned flights. 

The operation of UASs conducted in the strict conditions outlined in the FOPM 

will provide an equivalent level of safety supporting the grant of the exemption 

requested herein. The UASs operate at slow speeds, close to the ground, and 

in a sterile environment. As a result, they are far safer than conventional 

operations conducted with turbine helicopters flying near the ground and 

people. 

Privacy 

All flights will occur over private or controlled access areas with the property 

owner’s prior consent and knowledge. Filming will be only of people who have 

given their consent or otherwise have agreed to be in the area where filming will 

take place. 

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 to grant Thunderlab’s requested exemption, 

allowing for Thunderlab’s UAS commercial operations for the motion picture and 

television industry pursuant to the FOPM included herewith. 

If you have any questions or need any additional information, please contact the 

undersigned at 847.529.7054 or at andy@thunderlab.com. 

Sincerely yours, 

Andrew Stegmeyer

Creative Director

Thunderlab Digital Media, LLC. 

4430 N. Damen Avenue 

Chicago, IL 60625