Aug. 13 2015

ProFly Drones

6609 Brook Ct.

Fair Oaks, CA 95628

916.970.1555

Info@Proflyaerial.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Amendment to Exemption No. 11842 Regulatory Docket No. FAA–2015–1148, granted to ProFly

Drones.

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, ProFly Drones an operator of Unmanned Aircraft Systems (“UASs”) for aerial

Photography for the Outdoor television industry, hereby applies for an exemption from the Federal

Aviation Regulations (“FARs”) to allow commercial operation of its UAS platforms for aerial Photography

for the Outdoor television industry.

On or about Sept 25, 2014 the FAA granted exemptions to six UAS operators, including

Astraeus Aerial. As set forth in ProFly Drones Motion Picture Television Operations Manual submitted

separately under 14 CFR 11. 35 (b), ProFly Drones will Adhere to the terms of the Astraeus Exemption.

ProFly Drones requested exemption would permit the operation of small, unmanned UAS under

Controlled and “sterile” conditions in the “outdoor television filming” airspace that is:  

(1) limited, (2) predetermined, (3) subject to controlled access, and (4) provide greater safety in

connection with aircraft operations in the Outdoor film and television industry. As established by the

exemptions already granted by the FAA, approval of ProFly Drones 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 © of the Reform act.

Below is an example how leading film organizations feel about using UAS’s by aerial production

companies;

— The following is a statement from Neil Fried, Senior Vice President, Government and Regulatory 

Affairs for the Motion Picture Association of America, Inc., 

“Unmanned aerial systems (UAS) offer the motion picture and television industry an innovative and

safer option for filming. This new tool for storytellers will allow for creative and exciting aerial shots,

and is the latest in a myriad of new technologies being used by our industry to further enhance the

viewer experience. We welcome the FAA’s leadership and support their guidance to safely authorize

the use of UASs for the motion picture and television industry.”
UASs operated by ProFly Drones weigh less than 55 pounds, including all payloads. They operate at

speeds of less than 50 knots, can hover, and can simultaneously move in multiple directions.

ProFly Drones will only operate its UASs in line of sight and will operate only within the sterile

environment described in the MTOM. Such operations will insure that the UAS will not create a hazard

to users of the NAS or public. Given the small size of our UASs and the restricted area that they will be

operated, ProFly Drones UAS operations adhere to the Reform Act’s safety requirements.

Additionally, due to the size of the UASs and the limited area in which they will operate, approval of this

application presents no national safety concerns based on the substantial level of safety surrounding the

proposed operations, and the significant public benefit (enhanced safety). Reduction in environmental

impacts in the outdoor setting these UASs will operate leaving no trace of activity behind, the grant of

the requested exemption is in the public interest. Accordingly, ProFly Drones respectfully requests that

the FAA grant the requested exemption.

Aircraft and Equivalent Level of Safety

The operating limitations proposed by ProFly Drones provide for a higher level of safety because

operations further enhance safety of movie and television filming operations using conventional aircraft.

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

• The UASs will weigh less than 55 pounds

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

• Maximum flight time for each flight will be 30 minutes or at 25% of battery power reserve whichever

comes first.

• Flights will be operated at an altitude of no more than 400 feet AGL as indicated by onboard GPS

system.

• Minimum crew for each operation will consist of the UAS pilot, the observer and a camera operator.

• A UAS pilot will be Pilot in Command (PIC).

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

• The UAS will only operate within a confined “sterile area” as defined in the MTOM.

• The MTOM 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.

• 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.

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

shoot as required in the MTOM.

• The Pilot and observer must be trained in UAS operations and received current information on the

particular UAS to be operated as required by the MTOM.

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

• 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 managing governmental agencies.
• If the UAS loses communications or loses its GPS signal, the UAS will and does have the capability to

return to a pre‐determined location within the Security Perimeter and land safely.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

This application is submitted by:

ProFly Drones

Very truly yours,  

Daniel J. Austin

Chief Executive Officer  

6609 Brook Ct.  

Fair Oaks, CA 95628

916.970.1555

Info@Proflyaerial.com  

Pilots

Timothy Nelson CFI # 3189381

Daniel J. Austin CFI # 27223122