Josef Keeney

 Managing Member

 4Rotor Filming LLC

 (207)-460-7933

 joe@4rotorfilming.com

 

 

 4Rotor Filming llc - Section 333 Exemption Petition

March 12, 2015 

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 

C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 

C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. 

§§ 91.417 (a) & (b)

Dear Sir or Madam, 

I, Joe Keeney, managing member, independently, and PIC of 4Rotor Filming am writing pursuant to the 

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

that 4Rotor Filming owner and operator of small unmanned aircrafts, be exempted from the Federal 

Aviation Regulations (“FARs”) listed below so that 4Rotor Filming may operate the unmanned aircraft 

system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”). 

4Rotor Filming has several UAS’s. Attached are the Operators Manual for the three UAS’s. The UAS’s 

are equipped with High Definition cameras for aerial videography/cinematography to enhance academic 

community awareness for those individuals and companies unfamiliar with the geographical layout of our 

area and augment real estate listing videos; following exemption and approval by the FAA. Thereby 

enhancing their academic research and experience of the state of Maine and its coastal shoreline. 

 I, Joe Keeney, am a current CFII/MEI since 2000 and have been flying small RC electric helicopters/

airplanes since 1995 without incident. My experience with flying realtors around a piece of property in a 

fixed wing aircraft has not always been successful due to shooting through windows, struts and wheels 

not to mention the green faces. The cost, safety and success rate has greatly improved with the use of 

these incredible UAS’s. 4Rotor Filming’s exemption request would permit the operation of unmanned 

(piloted by remote control) UAS’s in tightly controlled and limited airspace, committed to safety first with 

each flight. Predetermined in areas away from general public, airports, heliports restricted airspace, 

TFR’s, VFR corridors and vehicular traffic for community videos, and within property boundaries for 

individual homeowner real estate listing videos/photos. Currently, similar lightweight, remote controlled
UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to 

prevent catastrophe. 4Rotor Filming has instilled safety protocols and controls to avoid and prevent 

public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols 

exclusive to lightweight UAS's specific to real estate video and photography usage as 4Rotor Filming 

records flight data and other information gained through permitted flight operations to share with the FAA 

through any required FAA reports to assist with future protocol and safety regulation. 

Granting 4Rotor Filming’s, request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace 

system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the 

national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real 

estate/Realtor purposes. Further 4Rotor Filming, will conduct our operations in compliance with the 

protocols described herein or as otherwise established by the FAA. 

For the reasons stated below 4Rotor Filming, respectfully requests the grant of an exemption allowing 

4Rotor Filming to operate UAS’s for academic community awareness to benefit/stimulate attraction to 

Maine’s coastal area and to enhance real estate listing videos for homeowners who cannot afford 

expensive manned aircraft for the same purpose. Both of which will promote local economic growth 

through increased employment and increased tax base. Both with public safety in mind by keeping 

heavier manned aircraft containing combustible fuel that poses potential public hazard. 

I. Contact Information: 

Josef S. Keeney

36 Elm St Ellsworth Maine, 04605

P.O. Box 414 Ellsworth Maine, 04605

Mobile: (207) 460-7933

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which 4Rotor 

Filming Requests Exemption are:

14 CFR 21;

14 C.F.R. 45.23(b);

14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The Extent of relief 4Rotor Filming seeks and the Reason for Such Relief: 

4Rotor Filming submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, 

seeking relief from any currently applicable FARs operating to prevent 4Rotor Filming, contemplated 

commercial cinematic, academic and other flight operations within the national airspace system. The 

Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our 

national airspace system as it is in the public’s interest to do so. 4Rotor Filming’s, UAS’s meets the 

definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my 

UAS’s are expressly contemplated by the Reform Act. 4Rotor Filming would like to operate our UAS’s 

prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such 

craft. Thereby, providing direct experience and valuable information for formal regulation that can be 

administered uniformly to all real estate related UAS aerial video and photography. The Reform Act 

guides the Secretary in determining the types of UAS's that may operate safely in our national airspace 
system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether 

the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated 

by line of sight. 112 P.L. 95 § 333 (a).

Each of these items reflect in favor of an exemption for 4Rotor Filming. The UAS’s are equipped with 

GPS and auto return safety technology. All UAS’s weighing less than 20 pounds (far below the maximum 

55 pound limit); including camera with gimbal. 

4Rotor Filming, considers safety as foremost with each flight. 4Rotor Filming’s UAS’s are designed to 

hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of 

financial loss I will not fly in winds exceeding 16 kph (10 mph). Built in safety systems include a GPS 

mode that allows the UAS’s to hover in place when radio controls are released. With three modes to 

choose from, I utilize the Safe Mode for aerial videography/photography. This is the safest, most reliable 

and stable mode to prevent accident and hazard. When pilot communication is lost the UAS’s are 

designed to return to the original departure point with a GPS controlled descent of 1m/s. 4Rotor Filming 

will not operate the UAS’s near airports, Hospitals or Police heliports, and do not operate near areas 

where general public is within fifty to one hundred (50-100) yards depending on location, conditions and 

weather. We are constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and are 

prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft 

approach my location or I suspect manned aircraft may approach near my location. The UAS’s are 

capable of vertical and horizontal operations, and are flown only within line of sight of the PIC or a Visual 

Observer. Utilizing battery power rather than combustible fuels, flights generally last between 15 to 18 

minutes, with an altitude under 400 feet. 4Rotor Filming does not operate the UAS’s at or below 

manufacture recommend minimum charge levels for operation; preferring to remain well within a safe 

operating range to insure adequate communication between radio control and UAS to eliminate potential 

failure, hazards and loss of control. Reserve batteries are on hand with each flight to insure a safe level of 

operation. 4Rotor Filming will be taking no risks that may cause a crash, creating a hazardous situation to 

the public/property/manned aircraft, and have no desire to lose any investments. 4Rotor Filming’s PIC 

has over 100 hours on each type of UAS that is in operation.

4Rotor Filming is extremely cautious when operating the UAS’s and will not “create a hazard to users of 

the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of the 

UAS’s fall well within Congress’s contemplated safety zone when it promulgated the Reform Act and the 

corresponding directive to integrate UAS's into the national airspace system. 4Rotor Filming has a 

demonstrable safety record and does not pose any threat to the general public or national security. 

IV. How 4Rotor Filming’s Request Will Benefit the Public As A Whole: 

Aerial videography for geographical awareness and for real estate marketing has been around for a long 

time through manned fixed wing aircraft and helicopters. For small budget real estate companies and 

average homeowners the expense of such aerial videography is cost prohibitive. Only large companies 

and high end Realtors or luxury homeowners can afford to absorb such expense. Depriving non-luxury 

homeowners and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to 

the public through potential catastrophic failure. UAS’s pose no such threat since the size and lack of 

combustible fuel reduces any potential threat to the public. 

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's 

into the national airspace system, hence the passing of the Reform Act. Granting 4Rotor Filming’s, 

exemption request furthers the public interest through academic/visual awareness. UAS’s are battery 

powered and creates no emissions that can harm the environment. The consequence of a UAS crashing is 

far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and 

can cause catastrophic devastation to the public. 
The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/

photo capture through battery operated UAS's. Permitting 4Rotor Filming to immediately fly within 

national air space furthers economic growth. Granting my exemption request substantially furthers the 

economic impact for Maine communities for companies and families looking to relocate, build or career 

advancement through academic and geographical awareness. Both of which serve as a stimulus to the 

community.

V. Reasons Why 4Rotor Filming’s Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

4Rotor Filming’s exemption will not adversely affect safety. Quite the contrary, for the reasons stated 

permitting 4Rotor Filming to log more flight time in FAA controlled airspace, with communication with 

the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet 

undiscovered safety protocols for government agencies (from inspections to search and rescue), forestry 

and agricultural management, the list is quite long, for development in cooperation with the FAA. In 

addition, 4Rotor Filming submits the following representations of enhancements to current aerial 

videography and photography for real estate: 

• The UAS’s weigh less than 20 pounds with High Definition cameras;

• The UAS’s operate well below the 400 foot permissible ceiling set by the FAA Modernization and 

Reform Act of 2012);

• Flight duration for 14 to 18 minutes per flight;

• The UAS’s alert the PIC prior to manufacturer recommended minimum battery power to ensure the 

safety of the equipment and surroundings. The UAS’s automatically return to their original departure 

point(Home Point) by ascending(currently set for 125feet) to a safe altitude when it detects low 

voltage, constantly aware of the voltage needed to return to the Home Point and will depart from any 

task to do so;

• The UAS’s are operated through remote control and by line of sight only;

• The UAS’s have a GPS flight safety feature whereby it ascends to a safe altitude and returns to its 

Home Point if communications are lost with the PIC;

• The PIC is constantly analyzing flight data sent from the UAS enhancing safety protocols;

• Altitude

• Vertical/Horizontal speed

• Distance from Home Point

• Battery voltage

• GPS satellite coverage

• Camera input

• The UAS’s are only operated in reasonably safe environments that are strictly controlled, are away 

from power lines, elevated lights, airports and actively populated areas;

• 4Rotor Filming conducts extensive pre-flight inspections and protocol ensuring safety.

• 4Rotor Filming always obtains all necessary permissions prior to operation.

• 4Rotor Filming has procedures in place to abort flights in the event of safety breaches or potential 

dangers. 

4Rotor Filming’s safety protocols provide a level of safety equal to or exceeding existing rules. It is 

important to note that absent the integration of commercial UAS into our national airspace system, 

helicopters and fixed wing aircrafts are the primary means of aerial video and photography for community 

awareness and real estate. While the safety records are remarkably astounding, there has been incidents 

involving loss of life as well as extensive property damage; it is far safer to operate a battery powered 

UAS. 
• First, the potential loss of life is diminished because UAS's carry no humans on board and only 

operated in specific areas away from mass populations.

• Second, there is no fuel on board a UAS decreasing the potential of fire or explosions.

• Third, due to the size and extreme maneuverability of the UAS’s provide the ability to avoid 

hazards quickly and safely.

VI. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement 

of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and 

enclosed operational area of 4Rotor Filming’s UAS permits exemption from Part 21 because the 

UAS’s meet (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. 

The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both 

the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit 

the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. 

4Rotor Filming’s UAS's meet or exceed each of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board 

pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent 

level of safety will be achieved by maintaining a

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable since UAS’s utilize electronic global 

positioning systems with a barometric sensor. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level of 

safety will be achieved by maintaining any such required certifications and registrations by 

4Rotor Filming.

B. 14 C.F.R. § 45.23: Marking of The Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or 

pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place 

on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will 

mark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its 

fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter 

with the UAV will see the markings. The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167A and 10700. 
C. 14 C.F.R. 91.119: Minimum Safe Altitudes. 

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to 

be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater 

than 200 AGL; safely below the standard of 400 AGL. I, Douglas Trudeau, will however operate my 

UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or 

below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed 

of my UAS, an equivalent or higher level of safety will be achieved. 

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

The above-cited Regulations require, amongst other things, aircraft owners and operators to “have 

[the] 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. . . .” 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply 

to 4Rotor Filming's UAS. However, as a safety precaution 4Rotor Filming inspects each UAS before and 

after each flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: 

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness 

Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to 

FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exemption from 

Part 21 because my, Douglas Trudeau’s, UAS meets an equivalent level of safety pursuant to Section 333 

of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces 

of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in 

consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and 

dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the 

operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the 

form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an 

aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, 

this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. 

The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative 

measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. 
In summary, 4Rotor Filming seeks an exemption from the following Regulations: 

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 

91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. 

§§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 

C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate 4Rotor Filming's 

UAS’s in community awareness and real estate operations, and to develop economic platforms for real 

estate to enhance the experience of those seeking to relocate or simply wanting to buy a new home. 

Currently, area awareness and real estate aerial videography/photography relies primarily on the use of 

larger aircraft running on combustible fuel. Posing potential risk to the public. Granting 4Rotor Filming’s 

request for exemption will reduce current risk levels and thereby enhance safety. The UAS’s do not 

contain explosive fuel, is smaller, lighter and more maneuverable than conventional aircraft with much 

less flight time. Further, the UAS’s are operated at a much lower altitude and in controlled airspace 

eliminating potential public risk flying to and from established air fields. 4Rotor Filming is more then 

willing to work with the FAA to enhance the FAA's internal efforts to establish protocols for complying 

with the FAA Modernization and Reform Act of 2012. There are no personnel on board 4Rotors Filming’s 

UAS’s and therefore the likelihood of death or serious bodily injury is significantly diminished. 4Rotor 

Filming’s operation of the UAS’s, weighing less than 20 pounds and traveling at lower speeds within 

limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly, 

4Rotor Filming respectfully request that the FAA grant 4Rotor Filming the exemption request and is 

willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general 

public at large. 

Respectfully submitted, 

Josef S. Keeney

Managing Member

4Rotor Filming LLC

36 Elm St. Ellsworth, Maine 04605

P.O. Box 414 Ellsworth, Maine 04605

Mobile (207) 460-7933
Protocols and Controls 

Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial 

videos and photography. As such, safety protocols and controls must be implemented through pre-flight preparation 

and during flight. 

Pre-Flight Protocol: 

• Check batteries with voltage meter to insure fully charged and ready for use.

• Inspect batteries for damage or leakage that may affect proper operation.

• Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or unmanageable/

uncontrolled flight.

• Check weather forecasts for wind advisory or other conditions that my impact flight.

• Consult five (5) mile radius map for airport vicinity. 

o Contact respective airport to advise of estimated flight time, estimated flight duration, estimated 

elevation of flight, and any other pertinent information. 

• Inspect flight area for vicinity of public safety helipads/heliports

o vicinity of medical helipads/heliports

o vicinity of light poles

o vicinity or utility wires

o vicinity of trees

o flocks of birds that may cause interference and potential flight impact

o vicinity of any elevated obstructions that may pose potential flight hazard o vicinity of roadways with 

moderate to heavy traffic that can be distracted o public gatherings that may attract viewers

o optional point of control for best visual site of UAS while in flight 

• Takeoff and landing

o inspect area for best and safest point of takeoff and landing

o if in a subdivision or area that is within 150 feet of a residential street, post warning sign(s)/stand(s) *Attention 

Aerial Photography In Progress - Remain Back 150 Feet " 

Flight Protocol: 

• takeoff and land from same location

• remain alert to birds, sound or aircraft, curious public, and approaching vehicles

• do not allow anyone to engage in conversation or distract the remote control pilot 

• restrict flight to minimal elevation sufficient to acquire desired results

• remained prepared for emergency landing at all times

• pay attention to flight time 

o if possible set a timer as a safety alert land UAS and shut down propulsion immediately following 

landing