SENG, LLC DBA FLYTCAM MOTION PICTURES

29 March 2017

Shaun P. Stanton

2720 Central Ave SE

Ste G-610

ALBUQUERQUE, NM 87106

(505) 750-1366

Request for amendment to 333 Exemption 13894 under FAA-2015-4206

To whom it may concern,

1. We are requesting to amend our 333 exemption. In the request we ask to extend the 

exemptions expiration date to 31 Dec 2019. We are requesting to add two additional 

aircraft models to the master list. We are requesting an exception to operate at night. We 

are requesting exception to the 500 foot rule to structures, vehicles and vessels.

2. We are requesting to extend our 333 exemption for three reasons. 

a. The first is that we were advised by our local ATC TRACON at KABQ airspace 

manager that certain airspace may not be approved under Part 107 operations due 

the airspace proximity to Kirtland Air Force Base, NM. This area is where a good 

majority of our closed set operations take place due to the proximity of 

Albuquerque Studios which is 2SM west of the based perimeter. The KAFB 

leadership of the 377th ABW is more comfortable with part 61 crews flying IVO it.

b. The second reason is that certain major motion picture studios are currently 

requiring sUAS companies to fly under exemption to Part 91 rules under the 333 of 

112-95. In fact, some require the pilot requirements to exceed yours by being a part 

61 commercial pilot. The major concern from their safety managers is that the Part 

107 is not robust enough to meet the safety requirements for demanding closed set 

work due the lack of practical use of the aeronautical knowledge and experience for 

safe UA operations and cannot be thoroughly vetted by the regulatory agency. To 

paraphrase one safety manager, “a kid with more money than he knows what to do 

with can go and take the $150 test for the 107 RPIC.” “Then he can go out tomorrow

and buy a professional system for the first time and be on a set a week later flying 
50 pound 8 rotor machine over talent and crew.” This is an issue that these studios

have. Currently studios are still exploring how to handle the new rules. This same 

concern was presented to your office by Aerial Mob ref exemption number: 11066

who has a letter on the docket dated 12 September 2016 ref: FAA-2014-0353-0018

from their corporate staff as well as the IATSE 600 International Cinematographers

Guild film union and the Academy of Motion Pictures. We echo their exact 

concerns in our request.

c. This goes to the third reason. The AFS-800 office has only issued one single waiver 

to CNN for 107.39 “Operations over Human Beings.” Currently we have one on 

request since November 19th of 2016 but have received only a positive 

acknowledgment as of early March, that is in the que. Technically without this 

waiver our only mechanism to ensure complete compliance is operating under this

333 Exemption. Being that a participating person is only those responsible for the 

safe operation of the UA. We feel that at this time the 333 is our best method for 

closed set work until such time as an appropriate waiver maybe issued for 107.39.

3. We are requesting the addition to two new aircraft models to be added to the 333 “master 

list” under FAA-2007-3330. Attached in this amendment request will be the aircraft 

manuals for the equipment.

a. DJI Inspire 2

b. DJI Mavic

4. We are requesting an exception to Part 17 of the exemption similar to the one issued to 

Skyworks, INC under their exemption 16341 for night operations as defined under CFR CH 

14 Part 1.1. Under this request we have provided a robust night operations manual, which 

describes performance parameters, training for pilots and visual observers. The manual 

covers how to adequately determine speed, altitude, heading and attitude, with use of 

electronic aids as well as strategically positioned visual observers. The manual describes

how to handle a wide variety of emergency or abnormal procedures which maybe unique to 

night flying. The highlights in the manual are as follows. 

a. For 333 purposes the PIC must be a qualified Part 61 pilot in a category or class of 

aircraft appropriate for night flying such as Airplanes, Helicopters and Airships and 

must not have any night restrictions on the Part 61 Certificate.

b. PIC’s with part 61 certificates with night restriction or in aircraft where night flight 

may not have been logged, such as Balloons, Gliders and certain light sport aircraft, 

will accomplish 1 to 2 hours of ground instruction from an AGI, CFI or DPE on night 

operations and physiology.

c. VO’s without previous night flying experience under part 61 will undergo ground 

instruction as in section b of this paragraph.

d. All crews perform three night training flights to proficiency to include simulated 

emergency procedures.

e. Performance Parameters
i. Altitude no greater than 200ft AGL unless waived under this section.

ii. Max Speed of 50MPH or 43Knots or less based on pilot judgement to the 

flying area.

iii. The PIC will maintain VLOS at all times

f. Weather 

i. 5SM visibility 

ii. 1000 ft above clouds

iii. 1000ft ft below clouds

iv. 1SM lateral distance from clouds 

v. Winds will depend on proximity and altitude to obstacles no more than the 

maximum published limit in the flight manual

g. Aircraft Minimum Equipment List

i. White or Red anti-collision beacon that can be seen up to 3SM

ii. Position indicator lights which delineate the front from the rear of the UA.

iii. Telemetry downlink device that displays real time control and performance

as well as health and status and navigation information.

h. Ground Minimum Equipment List 

i. Florescent yellow or orange vests 

ii. Operational flashlights for all crew members

iii. Two Way radios

i. Normal operations described in the manual for VO use and placement and methods 

for the pilot to maintain maximum situational awareness of the control and 

performance of the aircraft. This include the use of position, lights aided by aircraft 

instrumentation and strategically placed VO’s IVO of obstacles.

j. Closed set operations are described for night

k. Emergency procedures are described for a very robust set of emergencies to safely 

return the UA if a failure were to occur. These procedures enhance already 

established procedures for night flying. Daytime operations procedures still apply 

on anything not covered in the night operations manual. The most likely situation 

to occur is a momentary loss of situational awareness to the UA due to 

environmental such as the aircraft lights being attenuated by surrounding light 

sources. The procedures go into equipment failures as well.

i. Loss of contact of the UA by the PIC with fully functioning navigation and 

telemetry.

ii. Los of contact of the UA by the PIC with a loss of downlink and nav system 

status unknown.

iii. Degraded Navigation System and/or loss of downlink 

iv. Degraded Navigation System with a good downlink

v. Loss of command link with a good downlink

vi. Uncommanded loss of control of the UA

vii. Potential air traffic incursion 
viii. Potential non participating person incursion 

5. We are requesting an exception for Sections 28.D. We would like to be able to operate IAW 

similar wording of the 107 which does not define a specific distance to non participating 

persons as long as there is reasonable assurance that the UA and system being used has 

safety features and careful flight planning is used. We feel the hard 500 foot rule is 

exceptionally prohibitive because that can involve a lot of entities to alert and warn or ask 

for permission to fly. We request that the PIC use a risk based approach factoring obstacles, 

environmental conditions and the mass of a particular system. We are also asking that a 

local jurisdictional film permit to operate large film equipment in the confines of a 

populated area be considered sufficient for having permission for the UA operation. The 

following are examples of the risk based approach for operations.

a. Choosing an Aircraft such as the Inspire series which weigh under 10 pounds at 

gross weight. Using something like a Mavic that is only 1.3 pounds does not pose 

near the risks of any other equipment on the market.

b. The Inspire series has robust systems to monitor health and status of the aircraft.

i. Battery Monitoring of independent cells which can alert the crew sooner to 

a failure to allow immediate landing.

ii. The aircraft has control and performance instrumentation

iii. It is conspicuous with lights and sounds in the immediate area.

c. Operational considerations

i. The use of VO’s will be available to alert the pilot to impending non 

participants on a closed set.

ii. VO’s will be visible to the public with appropriate PPE such as highly visible 

vests.

iii. A closed set is locked off and has streets closed or controlled from any 

unauthorized personnel 

iv. The aircraft operations will cease when there is an incursion and will 

discontinue until the safety concern ceases.

v. The flight will only commence in areas operating under a local film permit or 

in areas where they may have a blanket permission.

vi. Flight on roadways will be done with intermittent traffic controls(ITC) 

and/or closed roads for closed set work.

vii. The Speed and altitude and maneuvering will be reduced to a speed that 

considers all of the environmental concerns, obstacles and winds.

viii. Any indication of system malfunctions or abnormal operation the flight will 

cease and land as soon as possible.

ix. A plan of activities will be submitted to the local FSDO jurisdiction 72 hours 

prior to operations. Ops will be amended or terminated if the FSDO or local 

authorities have a concern.

x. Avoid direct overflight of structures and vehicles, factoring wind speeds as 

well as kinetic energy of the sUAS. 
xi. Maintain a reasonable distance from any non-consenting persons who may 

enter the vicinity of a locked off area. Land as soon as possible if any safety 

issue is present.

xii. The flight will maintain a standoff of 500 feet or greater if IVO large 

gatherings of people. 

xiii. Request permission from the structures legal authority to directly overfly 

such structure, otherwise maintain a reasonable distance to mitigate 

damage or injury.

xiv. A combined risk matrix will be performed prior to every flight ops.

xv. I would like to add the safety requirements for closed set motion picture 

filming are enhanced to any other requirements and that the studios will 

terminate a shot if they feel it is beyond an allowable risk.

d. Operational Intent 

i. For closed set work the Inspire series aircraft which have a proven track 

record for safety and reliability.

ii. For non-closed set work a 1.3 pound DJI Mavic will be used where kinetic 

energy impacts are minimal at 1.3 pounds.

e. We feel safety of the public is enhanced with a part 61 pilot at the controls with 

years of experience in UA systems. If the 107 is robust enough for public safety 

requirements, we ask that the 500 foot rule be exempted to a mirrored standard in 

the new rules for sUAS operations and allow for the pilot in command to make a 

reasonable judgment call for the safe operation of the sUAS. Even though it is not 

required under federal regulations. On closed set we possess a 5Miilion Dollar 

liability policy to cover damages or injuries that maybe the result of an sUAS mishap.

6. Currently we operate in an apples vs oranges environment. One set of rule maybe more 

advantageous for a particular operation, while prohibitive for another. Currently the 333 

exemption is the best avenue for goo majority of our operations until, the waters can 

become less muddy. We make every effort to be the model shop for doing sUAS work and 

hope that your office will accommodate our requests.

Sincerely

Shaun P. Stanton

Chief Pilot