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, Elevate 

Cinema LLC. , Operator of Small Unmanned Aircraft Systems 

(“sUASs”) equipped to conduct aerial cinematography for motion 

pictures, TV shows and marketing videos, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) 

to allow commercial operation of its sUASs, so 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 333.1 

As described more fully below, the requested exemption would 

permit the operation of small, unmanned and relatively 

inexpensive sUAS under controlled conditions in airspace that is 

1) limited 2) predetermined 3) controlled as to access and 4) 

would provide safety enhancements to the already safe 

operations in the film and television industry presently using 

conventional aircraft. Approval of this exemption would thereby 

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(c) of the Reform Act. 

The name and address of the applicant is: 

Elevate Cinema - Jonathan Barmby – Phone : 610-350-1500 

Email:Jon@elevatecinema.comAddress: 17 Summit Ave. 

Paoli, PA. 19301 
Regulations from which the exemption is requested: 

14 CFR Part 2114 C.F.R. 45.23(b)14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a)14 CFR 91.9 (b) (2)14 C.F.R. 91.10314 

C.F.R. 91.10914 C.F. R. 91.11914 C.F.R. 91.12114 CFR 

91.151 (a)14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a)14 CFR 

407 (a) (1)14 CFR 409 (a) (2)14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill 

Congress’ goal in passing Section 333(a) through (c) of the 

Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may 

operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a 

hazard to users of the NAS or the public or pose a threat to 

national security in light of the following: 

• The UAS’s size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and 

populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, if the Secretary determines 

that such vehicles “may operate safely in the national 

airspace system, the Secretary shall establish 

requirements for the safe 

2 

operation of such aircraft in the 

national airspace system.” Id. §333(c) (emphasis added) . 

The Federal Aviation Act expressly grants the FAA the 

authority to issue exemptions. This statutory authority by its 

terms includes exempting civil aircraft, as the term is 

defined under §40101 of the Act, that includes sUASs, from 

the requirement that all civil aircraft must have a current 

airworthiness certificate. 

2 Applicant interprets this 

provision to place the duty on the Administrator to not only 

process applications for exemptions under section 333, but 
for the Administrator to craft conditions for the safe 

operation of the UAS, if it should be determined that the 

conditions set forth herein do not fulfill the statutory 

requirements for approval. 

The Administrator may grant an exemption from a requirement of 

a regulation prescribed under subsection (a) or (b) of this section 

or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f) See 

also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) 

(1). 

Elevate Cinema’s sUASs are rotorcraft, weighting 55 or fewer 

lbs. including payload. They operate, under normal conditions at 

a speed of no more than 50 knots and have the capability to 

hover, and move in the vertical and horizontal plane 

simultaneously. They will operate only in line of sight and will 

operate only after all safety protocols and preflight checks have 

been completed.

Given the small size of the sUASs involved and the restricted 

controlled environment within which they will operate, the 

applicant falls squarely within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, 

by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and 

the restricted areas in which the relevant sUASs will operate, 

approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the 

authority contained in the Federal Aviation Act, as amended; the 

strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced 

safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for movie and 

television operations, the grant of the requested exemptions is in 

the public interest. Accordingly, the applicant respectfully 

requests that the FAA grant the requested exemption without 

delay. 
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein 

apply to civil aircraft that have the characteristics and that 

operate with the limitations listed herein. These limitations 

provide for at least an equivalent or even higher level of safety to 

operations under the current regulatory structure because the 

proposed operations represent a safety enhancement to the 

already safe movie and television filming operations conducted 

with conventional aircraft. 

These limitations and conditions to which Elevate Cinema

agrees to be bound when conducting commercial operations 

under an FAA issued exemption include: 

1. The sUAS will weigh less than 55 lbs. 

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

observer. 

3. Maximum total 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 or, not more than 200 feet above an elevated 

platform from which filming is planned. 

5. Minimum crew for each operation will consist of the sUAS 

Pilot, the Visual Observer, and the Camera Operator. 

6. sUAS pilot will be an FAA licensed airman with at least a 

private pilot’s certificate and third class medical. The 

observer will hold at least a third class medical. 

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot 

certificate holder other than the sUAS Pilot, who possess 

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 Manual. Section H, I and J of the Manual 

requires the establishment of a “Security Perimeter” for 
the flight operations area. 

9. A briefing will be conducted in regard to the planned sUAS 

operations prior to each day’s production activities. It will 

be mandatory that all personnel who will be performing 

duties within the boundaries of the safety perimeter be 

present for this briefing. 

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. 

11. The operator will obtain the consent of all persons 

involved in the filming and ensure that only consenting 

persons will be allowed within 100 feet of the flight 

operation, and this radius may be reduced to 30 feet based 

upon an equivalent level of safety determination, as 

required by Section K of the Manual. With the advanced 

permission of the relevant 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 Section K of the Manual. 

13. Pilot and observer will have been trained in operation 

of UAS generally and received up-to-date information on 

the particular UAS to be operated as required Sections M 

and N of the Manual. 

14. 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 sUAS loses communications or loses its GPS 

signal, the UAS will have capability to return to a predetermined location within the Security Perimeter and 

land. 

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

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 

C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the 

procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size 

and limited operating area associated with the aircraft to be 

utilized by the Applicant, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under 

Part 11 and Section 333 of the Reform Act. The Federal Aviation 

Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UAS. In all cases, an 

analysis of these criteria demonstrates that the UAS operated 

without an airworthiness certificate, in the restricted environment 

and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions 

and conditions proposed. 

The sUAS to be operated hereunder is less than 55 lbs. fully 

loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area as set out in the Manual. 

Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by both the operator, pursuant to 

the Manual’s requirements, and under the requirements and in 

compliance with local public safety requirements, to provide 

security for the area of operation as is now done with 

conventional filming. The FAA will have advance notice of all 

operations. These safety enhancements, which already apply to 

civil aircraft operated in connection with motion picture and 

television production, provide a greater degree of safety to the 

public and property owners than conventional operations 
conducted with airworthiness certificates issued under 14 C.F.R. 

Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security 

posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, 

and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in 

letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an 

exemption may be needed as the UAS will have no entrance to 

the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the sUAV, twoinch lettering will be impossible. The word “Experimental” will be 

placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the 

sUAV marked on its fuselage as required by §45.29 (f) where the 

pilot, observer and others working with the sUAV will see the 

identification of the UAS as “Experimental.” The FAA has issued 

the following exemptions to this regulation to Exemptions Nos. 

10700, 8738, 10167 and 10167A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and 

Limitations: Pilot in Command. 

Sections 61.113 (a) & (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 this small UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the sUAS is 

remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned 

and coordinated in advance as set forth in the Manual. The level 

of safety provided by the requirements included in the Manual 

exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. 

The risks associated with the operation of the sUAS are so 

diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing 

operations of the sUAS as requested with a private pilot as the 

PIC exceeds the present level of safety achieved by 14 C.F.R. 

§61.113 (a) & (b). 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil 

aircraft unless it is in airworthy condition. As there will be no 

airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft and the 

requirements contained in the Manual for maintenance and use 

of safety check lists prior to each flight, as set forth in Sections J, 

L and Q, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the 

Aircraft. 

Section 91.9 (b) (2) provides:No person may operate a U.S.-

registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not 

required by §21.5 of this chapter, unless there is available in the 

aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any 
combination thereof. 

The sUAS, given its size and configuration has no ability or place 

to carry such a flight manual on the aircraft, not only because 

there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the 

flight manual at the ground control point where the pilot flying the 

sUAS will have immediate access to it. The FAA has issued the 

following exemptions to this regulation: Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

32827, and 10700. 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain 

actions before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be provided for the 

aircraft an exemption will be needed. An equivalent level of 

safety will be provided as set forth in Sections J and K of the 

Manual. The PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. 

14 C.F.R. §91.109: Flight instruction: 

Section 91.103 provides that no person may operate a civil 

aircraft (except a manned free balloon) that is being used for 

flight instruction unless that aircraft has fully functioning dual 

controls. 

sUASs and remotely piloted aircraft, by their design do not have 

fully functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the 

aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls 

for a number of aircraft and for flight instruction in experimental 

aircraft. See Exemption Nos.5778K & 9862A. The equivalent 
level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and 

speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil 

aircraft. Section 91.119 (d) allows helicopters to be operated at 

less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a 

sUAS that is a helicopter and the exemption requests authority to 

operate at altitudes up to 400 AGL, or not more than 200 above 

an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, 

except for the limited conditions stated in the Manual, the UAS 

will never operate at higher than 400 AGL. It will however be 

operated in a restricted area with 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, speed of the UAS as well as the location where it is 

operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice 

to the property owner and participants in the filming activity, all 

affected individuals will be aware of the planned flight operations 

as set forth in Section K of the Manual. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, 

any risk associated with these operations is far less than those 

presently presented with conventional aircraft operating at or 

below 500 AGL in the movie industry. In addition, the low-altitude 

operations of the sUAS will ensure separation between these 

small- UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 
This regulation 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 the sUAS may 

not have a barometric altimeter, but instead a GPS altitude read 

out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Manual 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; or (2) At night, to fly after that for at least 45 minutes.” 

The battery powering the sUAS provides approximately 40 

minutes of powered flight. To meet the 30 minute reserve 

requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the 

UAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for 

flight in daylight or night VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) 

falls within the scope of prior exemptions. See Exemption 10673 

(allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the small UAS, in a 

tightly controlled area where only people and property owners or 

official representatives who have signed waivers will be allowed, 

with less than 30 minutes of reserve fuel, does not engender the 

type of risks that Section 91.151(a) was intended to alleviate 

given the size and speed of the small UAS. Additionally, limiting 

sUAS flights to 10 minutes would greatly reduce the utility for 
which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 30 minutes or 25% of battery power 

whichever happens first. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from 

anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, 

including Exemptions 2689F, 5745, 10673, and 10808. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft 

Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a 

civil aircraft unless it has within it the following: 

(1) An appropriate and current airworthiness certificate. . . . 

(b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this section 

or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs and is 

operated without an onboard pilot. As such, there is no ability or 

place to carry certification and registration documents or to 

display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the 

sUAS will have immediate access to them, to the extent they are 

applicable to the sUAS. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 
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 section and Part 43 apply only to aircraft with 

an airworthiness certificate, these sections will not apply to the 

applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook as 

referenced in the Manual.(See Sections L and Q) An equivalent 

level of safety will be achieved because these small UASs are 

very limited in size and 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 Manual, 

the operator will ensure that the UAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain 

the aircraft in an airworthy condition to provide the equivalent 

level of safety. 

********* 

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: 

Applicant seeks an exemption from the following rules:14 

C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 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) and (b); 91.405 (a); 91.407 (a) (1); 91.409 
(a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

commercially a small unmanned vehicle (55lbs or less) in motion 

picture and television operations. 

Approval of exemptions allowing commercial operations of 

sUASs in the film industry will enhance safety by reducing risk. 

Conventional film operations, using jet or piston power aircraft, 

operate at extremely low altitudes just feet from the subject being 

filmed and in extreme proximity to people and structures; and 

present the risks associated with vehicles that weigh in the 

neighborhood of 4,000lbs., carrying large amounts of jet A or 

other fuel (140 gallons for jet helicopters shown below). Such 

aircraft must fly to and from the film location. In contrast, a sUAS 

weighing fewer than 55 lbs. and powered by batteries eliminates 

virtually all of that risk given the reduced mass and lack of 

combustible fuel carried on board. The sUAS is carried to the 

film set and not flown. The sUAS will carry no passengers or 

crew and, therefore, will not expose them to the risks associated 

with manned aircraft flights. 

The operation of small UASs, weighting less than 55 lbs., 

conducted in the strict conditions outlined above, will provide an 

equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. 

These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment and, as a result, are far 

safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and 

people. 

Privacy

All flights will occur over private or controlled access property 

with the property owner’s prior consent and knowledge. Filming 

will be of people who have also consented to being filmed 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 for the grant of the requested exemptions allowing 

commercial operation of applicant’s UAS in the motion picture 

and television industry pursuant to the Manual appended hereto. 

Sincerely, 

Jonathan Barmby

Elevate Cinema