October 23, 2014

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, 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, Build Imagery LLC an operator of Unmanned 

Aircraft Systems (“UASs”) for aerial photography for Architectural Engineering and 

Construction industry as well as 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 Build Imagery

LLC's Flight Operations and Procedures Manual (the “FOPM”) and Motion Picture 

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

Build Imagery LLC will adhere to the terms of the Astraeus Exemption.

Low-level oblique photos and video from several angles are far more effective than 

ground- based imagery for displaying the characteristics of large, complex properties 

with several buildings and large trees. The applicants in the past have chartered 2-seat 

full-sized helicopters for this purpose, which has proven more costly than many potential 

clients have been able to afford. The benefits of reduced cost, reduced noise interference 

and improved quality of presentation from the UA will be valuable to and benefit many 

construction professionals as well as community leaders, in the development of project 

site characteristics. The site construction based photography occurs in restricted or other 

areas where access to the public is strictly limited and controlled. Under virtually all 

circumstances, all of the only property or structures near the construction sites are owned 

and operated by the same entity. As a result, the operation has no substantial impact on 

any third persons not involved in the actual site project

Build Imagery LLC's requested exemption would permit the operation of small, 

unmanned UAS under controlled and “sterile” conditions in and on Construction Site 

Projects and 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 and or Construction 

Site Projects. As established by the exemptions already granted by the FAA, approval of 

Build Imagery LLC exemption would enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements

Build	Imagery	LLC

11870 Santa Monica Blvd

West Los Angeles, CA 90025
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:

Build Imagery LLC Attn: Daniel Ursitti.; Ph: 310-467-6006 Email: 

Dursitti@BuildImagery.com Address: 11870 Santa Monica Blvd, Suite 106-433, West 

Los Angeles, CA 90025

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 Build Imagery LLC 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. Build Imagery LLC 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 Build Imagery LLC's UASs and the restricted sterile environment 

within which they will operate, Build Imagery LLC'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, Build Imagery LLC's respectfully

requests that the FAA grant the requested exemption without delay.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Build Imagery LLC 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: 

1. The UASs will weigh less than 55 pounds

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

3. 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.

4. 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.
5. Minimum crew for each operation will consist of the UAS Pilot, the Visual 

Observer, and the Camera Operator.

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

certificate and third class medical.

7. 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.

8. 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.

9. 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.

10. 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”).

11. 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.

12. The operator will submit a written Plan of Activities to the FSDO three days

before the proposed shoot as required in the FOPM.

13. 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.

14. The Observer and pilot will at all times be able to communicate by voice and/or 

text.

15. Written and/or oral permission from the relevant property holders will be obtained.

16. 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.

17. 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.

18. 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 Build Imagery LLC 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 Build Imagery LLC UASs provides approximately 18 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.

Build Imagery LLC believes that safety can be achieved by limiting flights to 10 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.

Build Imagery LLC is not seeking an exemption for nighttime 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 Build Imagery 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: 
Build Imagery LLC 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 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 carrying fuel and 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 Build Imagery LLC's requested exemption, allowing for Build 

Imagery LLC's UAS commercial operations for the construction industry, 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 310-467-6006 or at Dursitti@Buildimagery.com.

 

Sincerely yours,

Daniel Ursitti Executive Producer Build Imagery, LLC