October 25, 2014 

- '' '--:-) ! '' ·;; 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam: 

We are writing pursuant to the FAA Modernization and Reform Act of 2012 (the "Reform Act") 

and the procedures contained in 14 C.F.R. 11, to request that Drone Filmworx, an owner and operator of 

small unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below so 

that Drone Filmworx, may operate its small unmanned aircraft I lightweight unmanned aircraft systems 

("UAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA"); as long as 

such operations are conducted within and under the conditions outlined herein or as may be established 

by the FAA as required by Section 333. The conditions identified and proposed by the applicant are 

drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8- Issue a Certificate of Waiver for Motion Picture 

and Television Filming. 

As identified and described herein, Anthony Cullen, and his company Drone Filmworx, is an 

experienced and recognized veteran in the television and motion picture industries. Mr. Cullen has 

been an avid RC model flyer for many years and is a member of the Academy of Model Aeronautics 

("AMA"). 

Drone Filmworx has been actively involved in the technical development of UAS/UAV service 

applications to provide high definition film quality by aerial cinematography with small, unmanned 

aircraft and lightweight UAS's. Drone Filmworx has fully equipped each of its small unmanned aircraft 

for aerial cinematography, primarily for use in the television and motion picture industries, though given 

their stability and maneuverability, they may be used for other cinematography, by law enforcement, 

search and rescue and by other first responders. 
To date, Drone Filmworx has rejected all offers to work with television, motion picture and 

commercial production companies on locations within the United States, to ensure it is in compliance 

with any applicable FARs. It, like other applicants, has done so despite Judge Patrick G. Geraghty's 

decision in the Raphael Pirker matter and his reasoning that no FARs prohibit the use of small unmanned 

aircraft or lightweight UASs like those flown by other peer companies. 

Drone Filmworx exemption request would permit its operation of lightweight, unmanned 

(remotely controlled- within line of sight) UASs in tightly controlled and limited airspace. 

Predetermined, specifically marked areas of operation, cordoned off locations and corresponding 

enhancements to current safety controls will allow Drone Filmworx to operate within current safety 

parameters and new ones being implemented. As identified, similar lightweight, remote controlled UASs 

are legally operated by amateurs with no flight experience, safety plan or controls in place to prevent 

catastrophe. 

Granting Drone Filmworx request comports with the Secretary of Transportation's (FAA 

Administrator's) responsibilities to not only integrate UASs into the national airspace system, but to 

" ... establish requirements for the safe operation of such aircraft systems (UASs) in the national airspace 

system" under Section 333(c) of the Reform Act. Further, Drone Filmworx will conduct its operations in 

compliance with the protocols described herein or as otherwise established by the FAA. 

Drone Filmworx respectfully requests the grant of an exemption allowing it to operate 

lightweight, remote controlled UAS's. 

The Specific Sections of Title 14 of the Code of Federal Regulations, Drone Filmworx requests exemption 

are: 14 CFR 21; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR 91, et seq.; 14 CFR 407(a)(1); 14 CFR 

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

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a)&(b);91.7(a); 91.9(b)(2); 91.103(b), 91.109; 

91.119; 91.121; 91.151(a); 91.203(a)&(b); 91.405 (a); 91.407(a)(1); 91.409(a)(2); 91.417(a)&(b). 

The Extent of Relief Drone Filmworx Seeks and the Reason It Seeks Such Relief: 

Drone Filmworx 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 Drone Filmworx 

contemplated commercial cinematic, research 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. Drone Filmworx lightweight 

UASs meet the definition of /{small unmanned aircraft" as defined in Section 331 and therefore the 

integration of Drone Filmworx lightweight UASs are expressly contemplated by the Reform Act. Drone 

Filmworx would like to operate its lightweight UASs prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such aircraft. 

The Reform Act guides the Secretary in determining the types of UASs that may operate safety in our 

national airspace system. Considerations include: 

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operated 

near airports or populated areas; and, Whether the UAS will be operated by line of sight. 

112 P.L. 95 333(a). Each of these items militates in favor of an exemption for Drone Filmworx. 

Drone Filmworx UASs utilizes four counter-rotating propellers for extreme balance, control and 

stability. They each weigh less than 55 pounds, including cinematic or other equipment. Each of Drone 

Filmworx small unmanned aircraft are designed to primarily hover in place and operate at less than a 50 

knot air speed. They are capable of vertical and horizontal operations but operate only within the line of 

sight of the remote control pilot. In addition to the remote control pilot, Drone Filmworx uses a spotter 

and a technician, such that, at a minimum, three Drone Filmworx personnel govern the safe flight of a 

Drone Filmworx aircraft at all times. 

Utilizing battery power and not combustible fuels, flights generally last between five and twenty 

minutes. Drone Filmworx does not operate its UASs with less than twenty-five percent battery capacity. 

Safety systems in place include a GPS mode that allows Drone Filmworx UASs to hover in place and then 

return home to its original take-off location, descend and land the UASs at twenty-five percent capacity 

if communication with the radio control pilot is lost. 

Drone Filmworx does not operate its UASs near airports and generally does not operate them 

near populated areas. The UAS operating software and GPS navigation systems do not allow any of the 

Drone Filmworx UAS vehicles to operate near airports or restricted no-fly zones. To date, Drone 

Filmworx has only operated its fleet on private sets, cordoned off areas and areas under the control of 

Drone Filmworx clients, Drone Filmworx only operates its UASs in predetermined areas and only with 

well regarded safety protocols such as those contained within the well-established and commonly 

known Motion Picture and Television Operations Manual. 
Drone Filmworx operation of its fleet of small unmanned aircraft will not "create a hazard to 

users of the national airspace system or the public.]} 112 P.L. 333(b). Given the small size and weight of 

Drone Filmworx UASs, combined with their operation in cordoned off and well controlled areas, Drone 

Filmworx fleet falls within Congress's contemplated safety zone when it promulgated the Reform Act 

and the corresponding directive to integrate UASs into the national airspace system. Indeed, Drone 

Filmworx UASs have a demonstrable safety record and do not pose any threat to the general public or 

national security. 

The FAA has the authority to issue the exemption to Drone Filmworx pursuant to the Federal Aviation 

Act, 85 P.L. 726 (1958), as amended (the "Act]}). Commercial and Public Benefits. 

Granting Drone Filmworx exemption request furthers the public interest. First, Congress has 

already pronounced that it is in the public's interest to integrate commercially flown UASs into the 

national airspace system, hence the passing of the Reform Act. Second, Drone Filmworx conducts 

research into safe UAS operations every time it flies one of its UASs. Flight data, visual inspections, 

recorded observations and flight analyses are compiled to further enhance current safety protocols. 

Allowing Drone Filmworx to log more flight time directly relates to its research and its ability to further 

enhance current safety measures. Third, the public has an interest in reducing the danger and emission 

associated with current aerial cinematic capture methods, namely, full size helicopters. Drone Filmworx 

UASs are battery powered and create no emissions. If a Drone Filmworx UAS crashes there is no fuel to 

ignite and explode. The impact of Drone Filmworx lightweight UASs is far less than a full size helicopter, 

notwithstanding the statistically noteworthy safety record of full size helicopters used in motion picture 

capture. The public's interest is furthered by minimizing ecological and crash impacts by permitting 

motion picture capture through Drone Filmworx lightweight UASs. 

Progression of the arts and sciences has been fundamental to our society since its inclusion in 

the Unites States Constitution. Indeed, Congress mandated the integration of UASs into our national 

airspace system, in part, to achieve progression in tis noteworthy, and inevitable, field. Permitting Drone 

Filmworx to immediately fly within the United States furthers these goals. Whether it is the amalgam of 

scientific discovers applicable to feature film making (including those drawing upon engineering, 

architecture, physics and cultural inclusiveness) to advancements in publicly technologies or 

advancements in equipment available to law enforcement and first responders that does not cost 

millions of dollars, granting Drone Filmworx exemption request substantially furthers the public's 

interest in ways known and currently unknown. 

Reasons Why Drone Filmworx Exemption Will Not Adversely Affect Safety or How the Exemption Will 

Provide a Level of safety at Least Equal to Existing Rule: 
Drone Filmworx exemption will not adversely affect safety. Quite the contrary, for the reasons 

stated, supra, permitting Drone Filmworx to log more flight time in FAA controlled airspace will allow 

Drone Filmworx to innovate and implement new and as of yet undiscovered safety protocols. In 

addition, Drone Filmworx submits the following representations of enhancements to current aerial 

motion picture capture techniques: 

• Drone Filmworx UASs weigh less than 55 pounds complete with HD motion picture capture 

cameras and stabilization gimbles. 

• Drone Filmworx only operates UASs below 400 feet. 

• Drone Filmworx only operate for 5-20 minutes per flight. 

• Drone Filmworx lands its UASs when they reach 25% battery power. 

• Drone Filmworx remote control pilots operate Drone Filmworx UASs by line of sight. 

• Drone Filmworx remote control pilots have video backup should they somehow lose 

sight of the UASs. 

• Drone Filmworx staffs each flight with a remote control pilot, spotter and technician 

with communication systems enabling real time communication between them. 

• Drone Filmworx UASs have GPS flight control modes whereby they hover, return home 

and slowly land if communication with the remote control pilot is lost or battery power 

is below 25%. 

• Drone Filmworx actively analyses electronic flight data and other sources of information 

to constantly update and enhance safety protocols. 

• Drone Filmworx only operates in secured areas that are strictly controlled, are away from 

airports and populated areas. 
• Drone Filmworx conducts extensive briefings prior to flight, during which safety carries primary 

importance. 

• Drone Filmworx always obtains all necessary permissions and permits prior to operation; and, 

Drone Filmworx has procedures in place to abort flights in the event of safety breaches or 

potential danger. 

Drone Filmworx provides a level of safety at least equal to existing rules, and in nearly every 

instance, greater than existing rules. It is important to note that absent the integration of 

commercial UASs into our national airspace system, helicopters are the primary means of aerial 

motion picture capture. While the safety record of such helicopters is remarkably astounding, it is 

far safer to operate a battery powered lightweight UAS. First, the potential loss of life is diminished 

because UASs carry no people on board and Drone Filmworx only operates them is specific areas 

away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire 

or explosions is greatly diminished. Third, the small size and extreme maneuverability of Drone 

Filmworx UASs allow our remote control pilots to avoid hazards. Lastly, given their small size and 

weight, even when close enough to capture amazing images, Drone Filmworx UASs need not be so 

close to the objects they are focused on. Accordingly, Drone Filmworx UASs have operated and will 

continue to operate at and above current safety levels. 

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 Drone Filmworx UASs permits exemption from Part 21 because Drone 

Filmworx UASs meet 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 UASs from airworthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. Drone Filmworx UASs 

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 pilots or 

passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a manual in the flight operations center. The FAA has previously issued 

exemptions to tis regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 10700 and 32827. 

14 C.F.R. 91.121 regarding altimeter settings is inapplicable insofar as Drone Filmworx UASs utilize 

electronic global positioning systems and internal gyroscopes to provide spatial coordination. 

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

inapplicable for the same reason described above. The equivalent level of safety will be achieved by 

maintaining such certifications and registrations at the Drone Filmworx flight operations center. 

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. Drone Filmworx UASs 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. Regardless, Drone Filmworx 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 the 

pilot, spotter, technician and others working 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. 61.113: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. 61.113 (a)(b), private pilots are limited to non-commercial operations. 

Drone Filmworx can achieve an·e.q.uivalent level of safety as achieved by current Regulations because 

Drone Filmworx UASs do not carry any pilots or passengers. Further, while helpful, a pilot license will not 

ensure remote control piloting skills, though Drone Filmworx pilot vetting and training programs will. 

Further, private pilot licensees will operate Drone Filmworx UASs with the same skill. Further, the risks 

attendant to the operation of Drone Filmworx UASs is far less than the risk levels inherent in the 

commercial activities outlined in 14 C.F.R. 61, et seq. Thus, allowing Drone Filmworx to operate its 

UASs with a private pilot as the pilot as the pilot in control will exceed current safety levels in relation to 

14 C.F.R. 61.113 (a)(b). 

D. 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. Drone Filmworx UASs will never operate at an 

altitude greater than 400 feet AGL. Drone Filmworx will, however, operate its UASs in cordoned off 
' . 

areas with security perimeters, providing a level of safety at least equivalent to those in relation to 

minimum safe altitudes. Given the size, weight, maneuverability and speed of Drone Filmworx UASs, an 

equivalent level of safety will be achieved. 

E. 14 C.F.R. 91.405(aL 407(a)(1L 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) ofthis 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 Drone Filmworx should its requested exemption be granted. Drone Filmworx 

conducts an extensive maintenance program that involves regular software updates and constant 

inspection for assessment of any damaged hardware. Therefore, an equivalent level of safety will be 

achieved. Drone Filmworx has researched and developed its own designs. 

F. Summary 

Drone Filmworx 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. 61.113(a)(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)(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. 91.417(a)(b) to commercially 

operate its fleet of small unmanned vehicles and lightweight unmanned aircraft vehicles in motion 

picture or television operations, to conduct its own research and to develop economic platforms for law 

enforcement, first responders and search and rescue. 

Granting Drone Filmworx request for exemptions will reduce current risk levels and thereby 

enhance safety. Currently, motion picture image capture relies primarily on the use of larger aircraft 

running on combustible fuel. Drone Filmworx craft do not contain potentially explosive fuel, are small, 

lighter and more maneuverable than conventional motion picture aircraft. Further, Drone Filmworx 

operates at lower altitudes and in controlled airspace. Drone Filmworx has been analyzing flight data 

and other information in compiling novel safety protocols and the implementation of a flight operations 

manual that exceeds currently accepted means and methods of safe flight 

There are no people on board Drone Filmworx UASs and therefore the likelihood of death or 

serious bodily injury is significantly limited. Drone Filmworx operation of its UASs, weighting less than 55 

pounds and traveling at speeds lower than 50 knots in cordoned off areas will provide at least an 

equivalent level of safety as that achieved under current FARs. 
.. 

Drone Filmworx respectfully requests that the FAA grant its exemption request without delay. 

The FAA has the authority to issue the exemption sought by Drone Filmworx pursuant to the Federal 

Aviation Act, 85P.L. 726 {19S8t as amended (the "Act"). 

Drone Filmworx Co. 

3401 Grande Vista Dr. Suite 56 

Newbury Park, CA 91319 

818-730-6443 

c.c. Robert Papas 

Special Rules Coordinator 

UAS Integration Office