October 25, 2014

- '' '--:-) ! '' ·;; United States Department ofTransportation Docket Management System 1200 NewJersey Ave., SE West Building Ground Floor Room W12-140 Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 ofthe FAA Reform Act of2012

Dear Sir or Madam:

We are writing pursuant to the FAA Modernization and Reform Act of2012 (the "Reform Act") and the procedures contained in 14C.F.R. 11,to request that Drone Filmworx, an ownerand operatorof 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 bythe Federal Aviation Administration ("FAA"); as long as such operations are conducted within and underthe conditions outlined herein oras may be established by the FAA as required by Section 333. The conditions identified and proposed bythe applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8- Issue a Certificate ofWaiverfor 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 manyyears and is a memberofthe Academy of ModelAeronautics ("AMA").

Drone Filmworx has been actively involved in the technical development of UAS/UAV service applications to provide high definition film quality by aerial cinematographywith small, unmanned aircraft and lightweight UAS's. Drone Filmworx has fully equipped each ofits small unmanned aircraft for aerial cinematography, primarilyfor use in the television and motion picture industries, though given theirstability and maneuverability, they may be used for othercinematography, by lawenforcement, search and rescue and by otherfirst responders.To date, Drone Filmworx has rejected all offersto workwithtelevision, motion picture and commercial production companies on locations within the United States, to ensure it is in compliance with any applicable FARs. It, like otherapplicants, has done so despiteJudge Patrick G. Geraghty's decision in the Raphael Pirker matterand his reasoning that no FARs prohibitthe use ofsmall unmanned aircraft or lightweight UASs like those flown by other peer companies.

Drone Filmworx exemption request would permit its operation oflightweight, unmanned (remotely controlled- within line ofsight) UASs in tightly controlled and limited airspace. Predetermined, specifically marked areas ofoperation, cordoned offlocations and corresponding enhancementsto current safety controls will allow Drone Filmworxto operate within current safety parameters and newones being implemented. As identified, similar lightweight, remote controlled UASs are legally operated by amateurs with no flight experience, safety plan orcontrols in place to prevent catastrophe.
Granting Drone Filmworx request comports with the Secretary ofTransportation's (FAA Administrator's) responsibilities to notonly integrate UASs intothe national airspace system, butto "

...establish requirements forthe safe operation ofsuch aircraftsystems (UASs) in the national airspace system" underSection 333(c) ofthe Reform Act. Further, Drone Filmworxwill conduct its operations in compliance with the protocols described herein oras otherwise established by the FAA.

Drone Filmworx respectfully requests the grant ofan exemption allowing itto operate lightweight, remote controlled UAS's.

The Specific Sections ofTitle 14 ofthe Code of Federal Regulations, Drone Filmworx requests exemption are: 14CFR 21; 14CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR 91, etseq.; 14 CFR 407(a)(1); 14CFR 409(a)(2); and 14CFR 417(a) &(b).
Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe 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 ItSeeks Such Relief:

Drone Filmworx submitsthis application in accordance with the Reform Act,112 P.L. 95 331- 334, seeking relieffrom any currently applicable FARs operatingto prevent Drone Filmworx contemplated commercial cinematic, research and otherflight operations within the national airspace system. The Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systemsinto our national airspace system as it is in the public's interestto do so. Drone Filmworx lightweight UASs meetthe definition of/{small unmanned aircraft" as defined in Section 331 and therefore the integration of Drone Filmworx lightweight UASs are expressly contemplated bythe Reform Act. Drone Filmworxwould like to operate its lightweight UASs priorto the time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft.

The Reform Act guidesthe Secretary in determiningthe types ofUASs that may operate safety in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities ofthe UAS; Whetherthe UAS will be operated near airports or populated areas; and, Whetherthe UAS will be operated by line ofsight.

112 P.L. 95 333(a). Each ofthese items militates in favor ofan exemption for Drone Filmworx.

Drone Filmworx UASs utilizes fourcounter-rotating propellersforextreme balance, control and stability. They each weigh less than 55 pounds, including cinematic or otherequipment. Each of Drone Filmworx small unmanned aircraft are designed to primarily hover in place and operate at less than a50 knot airspeed. They are capable ofvertical and horizontal operations butoperate only within the line of sight ofthe remote control pilot. In addition to the remote control pilot, Drone Filmworx uses aspotter and atechnician, such that, at a minimum,three Drone Filmworx personnel govern the safe flight ofa Drone Filmworx aircraft at all times.
Utilizing battery power and notcombustible fuels, flights generally last between five and twenty minutes. Drone Filmworx does notoperate its UASs with less than twenty-five percent batterycapacity. 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 attwenty-five percent capacity ifcommunication withthe radio control pilot is lost.

Drone Filmworx does notoperate its UASs near airports and generally does notoperate them near populated areas. The UAS operating software and GPS navigation systems do not allow any ofthe 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 offareas and areas underthe control of Drone Filmworx clients, Drone Filmworx onlyoperates its UASs in predetermined areas and onlywith well regarded safety protocols such as those contained within the well-established and commonly known Motion Picture and Television Operations Manual.Drone Filmworx operation ofitsfleet ofsmall unmanned aircraftwill not "create a hazard to users ofthe national airspace system orthe public.]} 112 P.L. 333(b). Given the small size and weight of Drone Filmworx UASs, combined with theiroperation in cordoned offand well controlled areas, Drone Filmworxfleetfalls within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directiveto integrate UASs intothe national airspace system. Indeed, Drone Filmworx UASs have ademonstrable safety record and do not pose any threattothe general public or national security.

The FAA has the authorityto issue the exemption to Drone Filmworx pursuanttothe Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act]}). Commercial and Public Benefits.
Granting Drone Filmworx exemption requestfurthersthe public interest. First, Congress has already pronounced that it is in the public's interestto integrate commerciallyflown UASs intothe national airspace system, hence the passing ofthe Reform Act. Second, Drone Filmworx conducts research into safe UAS operations everytime itflies one ofits UASs. Flight data, visual inspections, recorded observations and flight analyses are compiled tofurther enhance current safety protocols. Allowing Drone Filmworxto log more flighttime directly relates to its research and its abilityto 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. Ifa Drone Filmworx UAS crashes there is no fuel to ignite and explode. The impact of Drone Filmworx lightweight UASs is far less than afull size helicopter, notwithstandingthe statistically noteworthysafety record offull 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 ofthe arts and sciences has been fundamental to oursociety 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 Filmworxto immediatelyfly within the United States furthersthese goals. Whether it is the amalgam of scientific discovers applicable tofeature film making (including those drawing upon engineering, architecture, physics and cultural inclusiveness) to advancements in publiclytechnologies or advancements in equipment available to law enforcementand first responders that does not cost millions ofdollars, granting Drone Filmworx exemption request substantiallyfurthersthe public's interest in ways known and currently unknown.

Reasons Why Drone Filmworx Exemption Will NotAdversely Affect Safety or Howthe Exemption Will Provide a Level ofsafety at Least Equal to Existing Rule:Drone Filmworx exemption will not adversely affectsafety. Quite the contrary, forthe reasons stated, supra, permitting Drone Filmworxto log more flighttime in FAA controlled airspace will allow Drone Filmworxto innovate and implement new and as ofyet undiscovered safety protocols. In addition, Drone Filmworx submitsthe following representations ofenhancements 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 Filmworxonlyoperates UASs below400 feet.

• Drone Filmworxonlyoperate 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 ofsight.

• Drone Filmworx remote control pilots have video backup should they somehow lose sight ofthe 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 wherebythey hover, return home and slowly land ifcommunication with the remote control pilot is lost or battery power is below 25%.

• Drone Filmworx actively analyses electronicflight data and othersources of information to constantly update and enhance safety protocols.

• Drone Filmworxonlyoperates in secured areas that are strictly controlled, are away from airports and populated areas.• Drone Filmworx conducts extensive briefings priortoflight, during which safety carries primary importance.

• Drone Filmworx always obtains all necessary permissions and permits priorto operation; and, Drone Filmworx has procedures in place to abortflights in the event ofsafety breaches or potential danger.

Drone Filmworx provides a level ofsafety at least equal to existing rules, and in nearly every instance, greaterthan existing rules. It is importantto notethat absent the integration of commercial UASs into our national airspace system, helicopters are the primary means ofaerial motion picture capture. While the safety record ofsuch helicopters is remarkably astounding, it is far saferto operate a battery powered lightweight UAS. First, the potential loss oflife is diminished because UASs carry no people on board and Drone Filmworx onlyoperates them is specific areas awayfrom mass populations. Second, there is no fuel on board a UAS and thus the potential forfire 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 objectsthey are focused on. Accordingly, Drone Filmworx UASs have operated and will continue to operate at and above current safety levels.

Asummarythe FAA may publish in the Federal Register:

A. 14 C.F.R. 21 and 14C.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 ofsafety pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both the Act (49 U.S.C. 44701 (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permitthe FAA to exempt UASs from airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. Drone Filmworx UASs meet or exceed each ofthe elements.

14 C.F.R. 91.7(a) prohibitsthe operation ofan aircraftwithout 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 aircraftflight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe UASs, this Regulation is inapplicable. An equivalent level ofsafety 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 altimetersettings is inapplicable insofaras Drone Filmworx UASs utilize electronic global positioning systems and internal gyroscopes to provide spatial coordination.

14 C.F.R. 91.203(a)(b) provides forthe carrying ofcivil aircraft certifications and registrations. They are inapplicable forthe same reason described above. The equivalent level ofsafety will be achieved by maintaining such certifications and registrations atthe Drone Filmworx flight operations center.

B. 14 C.F.R. 45.23: Marking ofthe Aircraft Applicable Codes of Federal Regulation require aircraftto 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 Filmworxwill mark its UASs in the largest possible lettering by placing the word 'Experimental" on itsfuselage as required by 14 C.F.R. 45.29{f) so thatthe pilot, spotter, technician and others working withthe UAV will see the markings. The FAA has previously issued exemptionstothis regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14C.F.R. 61.113 (a)(b), private pilots are limited to non-commercial operations. Drone Filmworx can achieve an·e.q.uivalent level ofsafety 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 pilotvetting and training programs will. Further, private pilot licensees will operate Drone Filmworx UASs with the same skill. Further, the risks attendanttothe operation of Drone Filmworx UASs is far less than the risk levels inherent in the commercial activities outlined in 14C.F.R. 61, etseq. Thus, allowing Drone Filmworxto operate its UASs with a private pilotas the pilot as the pilot in control will exceed current safety levels in relation to 14 C.F.R. 61.113 (a)(b).

D. 14C.F.R. 91.119: Minimum Safe Altitudes. 14C.F.R. 91.119 prescribes safe altitudes forthe operation ofcivil aircraft. Itallows helicopters to be operated at loweraltitudes in certain conditions. Drone Filmworx UASs will neveroperate atan altitude greaterthan 400 feet AGL. Drone Filmworxwill, however, operate its UASs in cordoned off' 

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areas with security perimeters, providing a level ofsafety at least equivalenttothose in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of Drone Filmworx UASs, an equivalent level ofsafetywill 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 otherthings, aircraft owners and operatorsto "have the aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis 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 forassessment ofany damaged hardware. Therefore, an equivalent level ofsafety 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); 14C.F.R. 91.9(b)(2}; 14C.F.R. 91.103(b); 14 C.F.R. 91.109; 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14C.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 ofsmall unmanned vehicles and lightweight unmanned aircraftvehicles in motion picture ortelevision operations, to conduct its own research and to develop economic platforms for law enforcement, first responders and search and rescue.
Granting Drone Filmworx request forexemptions will reduce current risk levels and thereby enhance safety. Currently, motion picture image capture relies primarily on the use oflarger aircraft running on combustible fuel. Drone Filmworxcraft do notcontain potentially explosive fuel, are small, lighter and more maneuverable than conventional motion picture aircraft. Further, Drone Filmworx operates at loweraltitudes and in controlled airspace. Drone Filmworx has been analyzing flight data and other information in compiling novel safety protocols and the implementation ofaflight operations manual that exceeds currently accepted means and methods ofsafe flight

There are no people on board Drone Filmworx UASs and thereforethe likelihood ofdeath or serious bodily injury is significantly limited. Drone Filmworx operation ofits UASs, weighting less than 55 pounds and traveling at speeds lowerthan 50 knots in cordoned offareas will provide at least an equivalent level ofsafety as that achieved under current FARs.

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Drone Filmworx respectfully requests thatthe FAA grant its exemption request without delay. The FAA has the authorityto issue the exemption sought by Drone Filmworx pursuanttothe 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