X12 Production Services, LLP

1702 Saracen Road

Austin, Texas 78733

Phone (512) 563-6175

December 17, 2014

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, X12 Production Services, LLP, an operator of Unmanned 

Aircraft Systems (“UAS’s”) 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 December 17, 2014, the FAA granted exemptions to six UAS operators, 

including Astraeus Aerial (the “Astraeus Exemption”). As set forth in X12 Production Services, 

LLP Flight Operations and Procedures Manual (the “FOPM”) and Motion Picture Television

Operations Manual (both submitted under separately under 14 CFR 11.35(b)), X12 Production 

Services will adhere to the terms of the Astraeus Exemption.

X12 Production Services 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 granted by the FAA, approval of X12 Production Services, 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: 

X12 Production Services, LLP

Attn: Jeff Magers

1702 Saracen Road

Austin, Texas 78733

Phone (512) 563-6175

Email: JMagers76@Yahoo.com
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 X12 Production Services 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. X12 Production Services will

only operate its’ UAS’s 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 X12 Production Services UAS’s and the restricted sterile environment

within which they will operate, X12 Production Services UAS operations adhere to the Reform

Act’s safety requirements. Additionally, due to the size of the UAS’s 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, X12 Production Services respectfully requests that the FAA grant the requested

exemption without delay.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by X12 Production Services 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 UAS’s 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.

• 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 t he

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.”

Because X12 Production Services 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 X12 Production Services UAS’s 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 UAS’s 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.

X12 Production Services 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.

X12 Production Services 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 X12 Production Services 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: 

X12 Production Services 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 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 UAS’s 

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 

X12 Production Services requested exemption, allowing for X12 Production Services 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 512-563-6175 or at jmagers76@yahoo.com.

Sincerely yours,

 

Jeff Magers

Managing Partner

X12 Production Services LLP

Supporting Documents and Manuals available upon request to facilitate Exemption process

(FOPM, Component and Software Configuration, Service Records and Flight Logs)