June 26, 2015

 Exemption No. 11927

 Regulatory Docket No. FAA−2014−1038

Mr. Jeff Magers

Managing Partner

X12 Production Services, LLP

1702 Saracen Road

Austin, TX 78733

Dear Mr. Magers:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

The Basis for Our Decision

By letter dated December 17, 2014 you petitioned the Federal Aviation Administration (FAA) 

on behalf of X12 Production Services, LLP (hereinafter petitioner or operator) for an 

exemption. The exemption would allow the petitioner to operate an unmanned aircraft system 

(UAS) to conduct aerial photography for the motion picture and television industry for 

scripted, closed-set filming.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.
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Airworthiness Certification

The UAS proposed by the petitioner is a X12 140611.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1and closed set motion picture and 

filming. The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in your petition. In Grants of Exemption No. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 

11213 to Aeryon Lab, Inc. (see Docket No. FAA−2014−0642), the FAA found that the 

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA 

good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA
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delegated to me by the Administrator, X12 Production Services, LLP is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection and closed set motion picture and filming. This exemption is subject to the 

conditions and limitations listed below.

Conditions and Limitations

Relative to this grant of exemption, X12 Production Services, LLP is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the X12 140611

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming 

are permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). 

The exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.
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7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted this exemption, then the

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical component, must 

undergo a functional test flight prior to conducting further operations under this 

exemption. Functional test flights may only be conducted by a PIC with a VO and 

must remain at least 500 feet from other people. The functional test flight must be 

conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it 

is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components.

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins.
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13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 
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intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached exemption.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must 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 UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and,

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.
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28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption closed-set motion picture and television filming and production, the 

following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N-Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
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)