Cranial	Thunder,	LLC																																					Petition	for	Exemption	Filed	under	Section	333	&	MPTOM

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Cranial	Thunder,	LLC

Mr.	Brett	M.	Thorson,	Owner

6920B	Braddock	Rd.	#150

Annandale,	VA	22003

December	30th,	2015

Summary

Exemption	Request	Pursuant	to	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	Federal	Aviation	Regulations	from:	14	CFR	

21	subpart	H;	14	CFR	45.23(b);	14	CFR	61.113(a)	and	(b);	14	CFR	91.7(a);	14	CFR	91.9(b)(2);	14	CFR	91.103;	14	CFR	91.105; 14	CFR	

91.109;	14	CFR	91.119(c);	14	CFR	91.121;	14	CFR	91.151(a);	14	CFR	91.203	(a)	and	(b);	14	CFR	91.405	(a);	14	CFR	91.407	(a)	(1)	14	

CFR	91.409	(a)(1)	and	(2);	14	CFR	91.417(a)	and	(b)

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	“Reform	Act”)	and	14	CFR	Part	11, Cranial	

Thunder,	LLC,	operator	of Unmanned	Aircraft	Systems (UAS) and	small	Unmanned	Aircraft	Systems	(sUAS) (hereinafter	UAS),	

hereby	applies	for	an	exemption	from	the	listed	Federal	Aviation	Regulations	(“FARs”)	to	allow	commercial	operation	of	its	UAS,	

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.

Following	the	Section	333	waiver	request	is	the	Motion	Picture	and	Television	Operations	Manual	(MPTOM)	from	Cranial	Thunder,	

LLC	required	by	Order	8900.1,	Volume	3,	Chapter	8,	Section	1 to	allow	the	operation	of	UAS	in	closed-set	filming.

Proposed	Operations

Commercial	operation	of UAS,	as	described	herein,	which	are equipped	with	camera(s)	and	sensors,	would	operate	in	the	

following	manner:

• Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	estate,	architecture,	land	surveying,	

engineering	and	other	related	professional	activities.

• Aerial	video	and/or	photography	for	public	and/or	private	use	including	television,	public	events,	cinematography	and	

newsgathering.

• Aerial	inspection/photography	of	residential/commercial	structures	under	contract	with	the	owners	or	local	government	

authority.

• Aerial	inspection/photography	of	residential/commercial	utility	infrastructure	including	but	not	limited	to	electrical	power	

lines,	wind	turbines	and	cell	towers.

• Aerial	video/photography	or	providing	live	video	feed	to	assist	with	search	and	rescue	operations	in	cases	of	an	emergency	

or	natural	disaster	only	when	the	local	authorities	or	government	has	requested	it	by	contract	or	donation.

• Closed	set	motion	picture,	television,	high	speed	and	still	frame	filming	(MPTOM	included	in	this	document)

• The	ability	to	offer	training	to	persons	individually	or	belonging	to	both	private	and/or	public	organizations	that	have	

interests	in	the	use	and	application	of	a	UAS	for	the	purpose	of	the	safe	operation	of	a	UAS	to	enhance	the	safety	of	the	

National	Airspace System	(NAS)	as	well	as	for	the	protection	of	the	persons	and	property.

As	described	fully	below,	the	requested	exemption	would	permit	the	operation	of	a	UAS	under	controlled	conditions	in	the	NAS	

that	would	be	a)	limited	b)	controlled	c)	predetermined	and	d)	will	provide	safety	enhancements	to	the	already	safe	operations	in	

the	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.”

Petitioner’s	Contact	Information (14	C.F.R.	§	11.81(a))

The	name	and	address	of	the	Petitioner is:

Cranial	Thunder,	LLC

6920B	Braddock	Rd.	#150

Annandale,	VA	22003

The	point	of	contact	for	purposes	of	this	petition	is:
Cranial	Thunder,	LLC																																					Petition	for	Exemption	Filed	under	Section	333	&	MPTOM

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Mr.	Brett	M.	Thorson

Cranial	Thunder,	LLC

6920B	Braddock	Rd.	#150

Annandale,	VA	22003

FAA333Exemption@CranialThunder.com

Aircraft	and	Equivalent	Level	of	Safety

The	operational	limitations	proposed	will	provide	for	an	equivalent	or	higher	level	of	safety	because	operations	will	further

enhance	the	safety	of	the	persons	and/or	property	using	conventional	aircraft.

These	limitations	and	conditions,	to	which	the	applicant	agrees	to	adhere	to	when	conducting	commercial	operations	under	the	

FAA	issued	exemption	as	set	forth	in	the	Flight	Operations	Manual	(FOM),	include:

• The	UAS with	payload will	weigh	less	than	55	lbs.	

• The	UAS	will	have	a	maximum	operating	speed	of	no	more	than	100mph.

• Flights	will	be	operated	within	line	of	sight	of	the	Pilot	in	Command	(PIC)	and/or	Visual	Observer	(VO).

• Maximum	flight	time	for	each	operational	flight	will be	20	minutes.	Flights	will	be	terminated	at	25%	battery	power	reserve	

or	20	minutes	of	flight	time	whichever	occurs	first.

• Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	Above	Ground	Level	(AGL)	or not	more	than	200	feet	above	

an	elevated	platform	from	which	filming	is	planned.

• Minimum	crew	for	each	operation will	consist	of	the	UAS	Pilot	and	the	Visual	Observer	(VO).

• The	UAS	pilot	will	be	the designated	Pilot	in	Command	(PIC)	and	will	take	and	pass all	applicable certifications	currently	

being	approved	by	the	FAA.

• A	briefing	will	be	performed	regarding	the	planned	UAS	operations	prior	to	each	day’s	flight	consisting	of	all	the	days’	

production	activities.

• All	flights	will	occur	under	Visual	Flight	Rules	Meteorological	Conditions	(VMC)	only.

• If	operations	will	be	within	a	5	mile	radius	of	the	geographic	center/Airport	Reference	Point	(ARP)	of	a	tower	controlled	or	

uncontrolled	airport, the	respective	airports	will	be	contacted	advising	them	of	the	estimated	flight	time,	flight	duration,	

elevation	of	flight	and	other	pertinent	information.

• The	operator	will	obtain	verbal/written	consent	of	all	persons	involved	with	the	planned	operation	and	ensure	that	only	

consenting	persons	will	be	allowed	within	100	feet	of	the	flight	operation,	and	the	radius	may	be	reduced	to	30	feet	

based	upon	an	equivalent	level	of	safety	determination,	as	required	under	the	FOM.	With	the	advanced	permission	of	

the	FSDO,	operations	at	closer	range	may	be	approved.

• The	PIC	and	VO	will	have	been	trained	in	operation	of	UAS	and	receive	up-to-date	information	for	the	particular	UAS	to	be	

operated.

• The	PIC	and	VO	will	be	able	to	communicate	by	voice,	and/or	radio	at	all	times.

• Written	and/or	verbal	permission	and	permits	will	be	obtained,	as	applicable, from	territorial,	state,	county	or	city

jurisdictions,	including	law	enforcement,	fire	or	other	appropriate	governmental	agencies.

• If	the	UAS	loses	communications	with	the	remote	controller	or	loses	GPS	signal,	the	UAS	will	have	the	capability	to	return	

to	a	pre-determined	location	within	a	designated	location	and	land	autonomously.

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

UAS	platforms

Cranial	Thunder,	LLC	is	petitioning	for	exemption	to	enable	Cranial	Thunder LLC	to	operate the	following	UAS:

• Aeryon	Labs	Sky	Ranger	multi-rotor

• Zero-Tech	High	One	quadcopter

• DJI	Phantom	3	Professional	

• DJI	Phantom	3	

• DJI	Inspire	1	Pro

• DJI	Matrice	100

• DJI	Spreading	Wings	S1000+

• DJI	Spreading	Wings	S900

• Yuneec	H920	Tornado

• Yuneec	Q500
Cranial	Thunder,	LLC																																					Petition	for	Exemption	Filed	under	Section	333	&	MPTOM

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• 3D	Robotics	X8

• 3D Robotics Solo

• 3D Robotics Aero

• 3D Robotics IRIS+

• Aero-X

• AEE	F100

• AEE	F50

• AEE Toruk	AP11

• AEE	Toruk	AP10	Pro

• AEE	Toruk	AP9

• AEE	Toruk	AP12

• Draganflyer	Guardian

• Draganflyer	X4-P

• Draganflyer	X4-ES

• Draganflyer	Commander

Cranial	Thunder,	LLC	will	operate	these	UAS	with	a	total	weight, including	payload,	of	less	than	55	lbs. within	line	of	sight	within	a	

closed	off	and	predetermined	area	owned	and/operated	by	the	property	representative.		Each	system	also	has	the	failsafe	

function	of	the	autopilot	system,	which	means	if communication	between	the	Main	Controller	and	the	receiver of	the	UAS	is	lost;	

the	UAS	will	automatically	trigger	a	return	to	a	predetermined	position	within	the	safe	operating	area	and	will	land	safely.

Public	Interest

Given	the	small	size	of	the	UAS	and	the	controlled	environment	provided,	the	proposed	operations	will	adhere	to	the	Reform	Act’s	

safety	requirements.	The	approval	of	this	application	presents	no	national	security	issues.	Approval	of	this	exemption	will	allow	

responsible	and	experienced	Cranial	Thunder,	LLC	pilots	to	perform	UAS	operations	in	a	safe	manner	as	well	as	train	others on	

safe	UAS	operations.		Regarding	the	level	of	safety	surrounding	the	proposed	operations	and	the	public	benefit,	reduction	in	

environmental	impacts,	including	but	not	limited	to	reduced	emissions	and	noise,	the	grant	of	the	requested	exemption	is	in	the

public	interest.	Accordingly	the	applicant	requests	that	the	FAA	grant	the	requested	exemption.
Cranial	Thunder,	LLC																																					Petition	for	Exemption	Filed	under	Section	333	&	MPTOM

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Regulations	from	which	the	exemption	is	requested:

14	CFR	Part	21	subpart	H

14	CFR	45.23	(b)

14	CFR	61.113	(a)	&	(b)

14	CFR	91.7	(a)

14	CFR	91.9	(b)	(2)

14	CFR	91.103

14	CFR	91.105

14	CFR	91.109

14	CFR	91.119	(c)

14	CFR	91.121

14	CFR	91.151	(a)

14	CFR	91.203	(a)	&	(b)

14	CFR	91.405	(a)

14	CFR	91.407	(a)	(1)

14	CFR	91.409	(a)	(2)

14	CFR	91.417	(a)	&	(b)

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	UAS	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	and	designated	area.	Unlike	other	civil	aircraft,	

operations	under this	exemption	will	be	tightly	controlled	and	monitored	by	both	the	operator	and	under	the	requirements	and	in	

compliance	with	local	public	safety	requirements.	These	safety	enhancements	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	light-sport	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	will	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	UAS,	two-inch	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	UAS	marked	on	its	fuselage	as	required	by	§45.29	(f)	where	the	pilot,	

observer	and	others	working	with	the	UAS	will	see	the	identification	of	the	UAS	as	“Experimental.”
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14	C.F.R.	§	61.113	(a)	and	(b):	Private	Pilot	Privileges	and	Limitations:	Pilot	in	Command.

Pursuant	to	14	CFR	61.113	(a)	&	(b),	no	person	who	holds	a	private	pilot	certificate	may	act	as	a	pilot	in	command	of	an	aircraft	

that	is	carrying	passengers	or	property	for	compensation	or	hire.	

An	equivalent	level	of	safety	can	be	achieved	by	current	Regulations	because	the	applicant’s	UAS	do	not	carry	any	pilots	or	

passengers	or property.	The	risks	attendant	to	the	operation	of	UAS	is	far	less	than	the	risk	levels	inherent	in	the	commercial	

activities	outlined	in	14	CFR	61.	The	operation	and	limitations	set	forth	in	the	FOM	will	equate	to	the	safe	operation	of	the UAS.

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	for	maintenance	and	use	of	safety	checklists prior	to	each	flight, 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	UAS,	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	UAS	will	have	immediate access	to	it.

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.	The	PIC	will	take	all	actions	as	stated	in	

the	manufacturer	FOM	in	the	pre-flight	inspection	section,	including	but	not	limited	to	reviewing	weather,	flight	battery	

requirements,	landing	and	takeoff	distances	and	aircraft	performance	data	before	initiation	of	flight.

14	C.F.R.	§91.105:	Flight	crewmembers at	stations

Exemption	may	be	required,	the	PIC	may	not	leave	his	station	nor	shall	VO	leave	station	.	In	event	that PIC	or	VO	become	

incapacitated,	UAS	is	to	automatically	return	to	designated	landing	area,	as outlined	in	FOM.

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.	UAS	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.	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	UAS	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,	the	UAS	will	never	operate	at	higher	than	400	AGL	with	the	exception	that	in	

circumstances	where	the	UAS	is	used	to	survey	or photograph	a	structure	whose	height	exceeds	400	feet	AGL,	the	UAS	will	not	be	

operated	more	than	200	feet	above	the	highest	point	on	the	structure.	It	will	however	be	operated	in	a	restricted	area	with	
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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,	and	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.	

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	addition,	the	low-altitude	operations	of	the	UAS	will	ensure	separation	between	these	

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	UAS	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	safety	check	list	and	live	flight	data	monitoring,	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 UAS	provides	approximately	25	minutes	of	powered	flight.	To	meet	the	30-minute reserve	requirement	

in	14	CFR	§91.151,	UAS	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	twilight	VFR	conditions	is	reasonable.

Applicant	believes	that	an	exemption	from	14	CFR	§91.151(a)	falls	within	the	scope	of	prior	exemptions.	Operating	the	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	UAS	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	

20	minutes	or	25%	of	battery	power— whichever	happens	first.	This	restriction	would	be	more	than	adequate	to	return	the	UAS	

to	its	planned	landing	zone	from	anywhere	in	its	limited	operating	area.

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	UAS.

An	equivalent	level	of	safety	will	be	achieved	by	keeping	these	documents	at	the	ground	control	point	where

the	pilot	flying	the	UAS	will	have	immediate	access	to	them;	to	the	extent	they	are	applicable	to	the	UAS.

14	C.F.R.	§91.405	(a);	407	(a)	(1);	409	(a)	(2);	417(a)	&	(b):	Maintenance	Inspections.
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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.	An	

equivalent	level	of	safety	will	be	achieved	because	the	UAS	is	very	limited	in	size	and	will	carry	a	small	payload	and	operate	only	in	

restricted	areas	for	a	limited	period	of	time.	If	mechanical	issues	arise	the	UAS	can	land	immediately	and	will	be	usually	operating	

from	no	higher	than	400	feet	AGL.	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.

An	equivalent	level	of	safety	will	be	achieved	because	maintenance	and	inspections	will	be	performed	in	accordance	with	the	UAS	

Manufacturer's	User	Manual.	As	provided	in	the	FOM,	the	operator	will	ensure	that	the	UAS	is	in	working	order	prior	to	initiating	

flight	and	perform	required	maintenance	needed.

Additional	Information

The	applicants’	primary pilots,	Brett	M.	Thorson,	Owner	of	Cranial	Thunder,	LLC,	and	Samer	Najia,	have	been	involved	in	the	

piloting	of	remote	controlled	aircraft	for	more	than	2	years.		Both	applicants hold	at	least	an	IFR	Private	Pilot	Certificate with	

complex	and	high	performance	sign	offs.		Additionally, Samer	Najia	is	a	commercial	pilot	with	CFI	and	MEI	ratings	working	towards	

obtaining	his	CFII.		Additional	pilots	(also	included	in	the	MPTOM)	are	Zach	Hinkel	ATP	and	Matthew	Ramsey	ASEL.

Both	pilots	are	active	in	the	UAS	community	building	prototype	systems,	and	training	others	on	the	use	of	commercial	systems.	

The	applicants also	have in-depth	understanding	of	the	capabilities	and	safety	concerns	involved	in	using	this	technology	as	an	

asset	to	the	community.	Satisfaction	of	criteria	provided	in	Section	333	of	the	Reform	Act	of	2012	provide	more	than	adequate	

justification	for	the	grant	of	the	requested	exemptions	allowing	the	commercial	operation	of	the	applicant’s	UAS.

Sincerely,	

Brett	M.	Thorson,	Owner

Cranial	Thunder,	LLC
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8

Motion	Picture	and Television	Operation	Manual

Cranial	Thunder,	LLC

6920B	Braddock	Rd	#150

Annandale,	VA	22003

FAA333Exemption@CranialThunder.com

Revision	Control	

Page	Revision#											Date												Initials

______________________________________________________________________	

______________________________________________________________________	

Introduction

Purpose

This	manual	has	been	developed	by	Cranial	Thunder,	LLC,	in	conjunction	with	an	application	for	a	

Certificate	of	Waiver	of	Authorization	of	the	provisions	of	FAR	91.119	(b)	and	(c)	for	the	purposes	

of	filming using	Unmanned	Aerial	Systems	(UAS).	Cranial	Thunder pilots, and	other	company	

personnel	when	applicable, will	comply	with	the	policies,	procedures	and	conditions	of	this	

manual,	whenever	motion	picture	or	television	flight	operations	are	performed	that	require	a	

Waiver	of	Authorization	as	mentioned	above.

Pilot/Operator	Organization

Brett	M.	Thorson - Pilot

Cranial	Thunder,	LLC

6920B	Braddock	Rd.	#150

Annandale,	VA	22003

C.	Persons	Authorized

FAR	91.119	(c)	is	waived	only	with	respect	to	those	persons,	vehicles	and	structures	directly	

involved	in	the	performance	of	the	actual	filming.	The	certificate	holder	shall	ensure	that	no	

persons	are	allowed	within	500	feet	of	the	area	except	those	consenting to	be	involved	and	

necessary	for	the	filming	production.	This	provision	may	be	reduced	if	an	equivalent	level	of	safety	

can	be	achieved	and	the	Administrator	has	approved	it.	For	example,	an	equivalent	level	of	safety	

may	be	determined	by	an	Aviation	Safety	Inspectors’	(ASI)	evaluation	of	the	filming	production	

area	to	note	terrain	features,	obstructions,	buildings,	etc.	Such	barriers	may	protect	

nonparticipating	persons	(observers,	the	public,	news	media,	etc.)	from	debris	in	the	event	of	an	

accident.

Area	of	Operations

Cranial	Thunder's	approved	area	of	operations	will	be	the	continental	United	States,	Alaska	and	

Hawaii.

Plan	of	Activities

At	least	three	(3)	days	prior	to	any	scheduled	filming,	Cranial	Thunder will	submit	a	written	plan	

of	activities	to	the	local	FSDO	having	jurisdiction	over	that	area.

The	plan	of	activities	should	include	the	following:
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• Dates	and	times	for	all	flights.

• Name	and	phone	number	of	person	responsible	for	the	filming	production	event.

• Name	and	phone	number	of	person	responsible	for	aircraft (UAS).

• Make,	model,	and	serial	or	N-number (or	registration	number	for	UAS) of	aircraft	to	be	

used	and	type	of	airworthiness	certificate (if	applicable),	including	category.

• Name	and	certificate	number	of	pilots	involved	in	the	filming	production	event,	including	

any	notation	of	payload load	or	specific	maneuver competency,	if	required.

• A	statement	that	the	waiver	holder	has	obtained	permission	from	property	owners	and/or	

local	officials	to	conduct	the	filming	production	event.

• The list	of	those	who	gave	permission	must	be	made	available	to	the	inspector	upon	

request	from	the	waiver	holder.

• Signature	of	waiver	holder	or	representative.

• A	description	of	the	flight	activity	including	maps	or	diagrams	of	any	area,	city,	town,	

county,	and/or	State	over	which	filming	will	be	conducted	and	the	minimum	altitudes	

essential	to	accomplish	the	operations.

• The	three	(3)	day	notification	requirement	may	be	waived;	however,	the	operator	should	

contact	the	FSDO	as	soon	as	possible	with	this	request	and	be	prepared	to	explain	in	detail	

why	the	three	(3)	day	notification	is	not	practical.

Permission	to	Operate

Before	any	flight	operations	is	conducted	at	less	than	500	feet	under	the	provisions	of	the	

certificate	of	waiver	and	this	manual,	the	operator	will	obtain	permission	to	conduct	these	

operations	from	property	owners	and	local	officials	as	necessary	or	appropriate.	Persons	from	

whom	permission	may	be	required	are	listed	below:

• Property	owners

• Law	enforcement	officials

• Fire	department	officials

• Local,	State	and	Federal	government	

• Air	traffic	control

Cranial	Thunder personnel	obtaining	such	permission	will	do	so	in	writing	whenever	practical,	

however,	verbal	permission	is	acceptable	otherwise.	A	standard	permission	form	is	provided	in	

Appendix	A-3 and	may	be	used	when	obtaining written	permission.	Cranial	Thunder personnel	

will	assure	a	sufficient	number	of	those	forms	are	available	at	the	job	site.	Written	permission	

forms	will	be	maintained	at	the	job	site	until	flight	operations	are	completed, and	then	turned	into	

the	chief	pilot	to	be	kept	on	file electronically for	a	minimum	of	six	(6)	months.	These	forms	will	be	

made	available for	inspection	by	the	FAA	or	other	official	personnel	upon	request.

Security

Prior	to	any	flight	operation	the	operator	will	coordinate	with	appropriate	production	personnel	

to	devise	a	plan	of	securing	the	area(s)	of	operation	from	all	unauthorized	persons	and	vehicles.	

Provisions	will	be	made	to	immediately	discontinue	operations	should	the	area(s)	become	

unsecured	or for	any	other	reason	in	the	interest	of	safety.
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Briefing	of	Pilot/Production	Personnel

Prior	to	the	start	of	any	operation	under	the	provisions	of	this	manual,	the	pilot	in	command	will	

conduct	a	briefing	of	all	procedures	to	participating	personnel	of	the	risks	involved,	emergency	

procedures,	and	safeguards	to	be	followed	during	the	filming	production	event.	Personnel	will	

also	be	briefed	on	additional	provisions	that	may	be	issued	by	the	FSDO	that	has	geographic	

responsibility	for	the	operational	area,	including	the	location	of	boundaries	or	time	limits.	The	

briefing	shall	cover:

• Authorization	for	motion	picture	and	television	certificate	of	waiver	and	the	attached	

special	provisions

• Operations	manual

• Plan	of	activities

• Aircraft	parking	and	starting	

• Taxi procedures

• Radio	Communications

• Takeoff	procedures

• Aviation	activities	to	be	conducted	during the	filming	production	event

• Approach	and	landing	procedures

• Recall	procedures

• Emergency	procedures

• Risks	to	participating	personnel

• How	to	control	nonparticipating	persons

Certification/Airworthiness

All	Cranial	Thunder aircraft	used	in	operations	requiring	a	waiver	of	FAR	91.119	(b)	and	(c) for	

the	purpose	of	filming	will	be	properly	registered	and	exempted	from	airworthiness	requirements	

according	to	Cranial	Thunder	LLC’s FAA	333	exemption.	The	aircraft	will	be	inspected	according	

to	OEM	guidelines.	Each	aircraft	will	have	a	flight	log	containing	upcoming	scheduled	maintenance	

and	inspections	and	the	dates	/	time	they	must	be	performed.	A	section	for	discrepancies	is	also	

found	in the	flight	log.	The	pilot	in	command	will	assure	the	aircraft	to	be	flown	is	in	airworthy	

condition	and	all	required	inspections	and	maintenance	has	been	completed	before	each	flight.

Pilot	Personnel/Minimum	Requirements

The	pilot/operator	shall	establish	and	specify	the	minimum	pilot	requirements.	Minimum	

requirements	shall	meet	or	exceed	the	following:

• A	current	U.S.	airmen	certificate	with	any	category,	class,	or	type	rating.	

• At	least	50	flights	logged	as	PIC	and	at	least	20	flights	logged	as	the PIC	in	the	aircraft	type.

• A	minimum	of	50	flights	in	the	category:	of	aircraft	(UAS)	to	be	used.

• A	minimum	of	5	flights	in	the	make	and	model	aircraft	(UAS)	to	be	used	under	the	waiver.

Communications

Prior	to	the	start	of	any	operation	covered	by	this	manual,	the	pilot	in	command	will	formulate	a	

plan	to	provide	communications	capability	to	all	participants	during	the	actual	operation	and	

filming.	Oral,	visual	or	radio	communications	may	be	used	as	long	as	it	is	effective	and	is	capable	of	

keeping	the	participants	continuously	appraised	of	the	current	status	of	the	operation.
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Accident	Notification

Should	an	accident	or	incident	requiring	notification	of	the	NTSB	occur,	the	operator	must	comply	

with	the	notification	requirements	of	NTSB	Part	830.

Recall/Stop	Procedures

Radio	communication,	oral,	visual	or	a	combination	will	be	utilized	to	keep	the	participants	

continuously	apprised	of	the	current	status	of	operation.

Special	Provisions

The	controls,	procedures,	and	conditions	set	forth	in	the	Cranial	Thunder motion	picture	and	

television	operations	manual	is	the	primary	assurance	that	persons	or	property	within	the	area	of	

operations	will	not	be	jeopardized.	The	aircraft	and	pilots	used	under	this	authorization	and/or	

waiver	will	only	be	those	specified	in	the	Cranial	Thunder Motion	Picture	and	Television	

Operations	Manual	(MPTOM	Appendix	A-1)	or	associated	plan	of	activities.	Each	pilot’s	name	and	

certificate	number	associated	with	an	event	shall	appear	on	each	daily	plan	of	activity.	All	civil	

aircraft,	UAS and	pilot(s)	participating	in	the	activity	shall	be	available	for	FAA	inspection	before	

the	scheduled	event.

Each	pilot-in-command	conducting	operations	authorized	under	this	certificate	understands	the	

conditions	of	issuance,	and	that	it	constitutes	a	waiver	of	FAR 91.119	(b)	and	(c).	(See	Appendix	A5)

Takeoff	and	landing	areas	will	be	protected	in	a	manner	that	will	prevent	unauthorized	persons	

from	entering	the	takeoff	and	landing	area at	all	times.

Cranial	Thunder will	ensure that	participating	persons	involved	in	the	operations	are	thoroughly	

briefed	on	special	procedures,	communication,	emergency	procedures,	and	on	the	provisions	of	

the	authorization	and/or	waiver	before	beginning	the	activities.	No	person	may	participate	in any	

event	unless	that person	has	received	a	briefing	on	the	provisions	of	the	waiver.

Company	Organization

Chief	Pilot

Duties	and	Responsibilities:

• Final	word	in	the	formulation	of	policy and	procedures	concerning	this	manual.

• Act	as	liaison	between	Cranial	Thunder and	the	FAA	on	matter	concerning	this	manual.

• Assure	that	each	approved	pilot	is	issued	a	copy	of	this	manual	and	obtain	a signed	

statement	from	each	that	they	have	read	and	understand	its	contents.

• Maintain	a	current	copy	of	this	manual	at	the	main	base	of	operations	for	Cranial	Thunder.

• Responsible	for	assuring	that	all	revisions	to	this	manual	are	distributed	and	processed	

properly.

• Must	approve	or	disapprove	each	proposed	job	or	operation	performed	by Cranial	Thunder

under	the	provisions	of	this	manual.

• Assume	the	responsibilities	of	pilot	in	command	when	acting	as	such.

• The	chief	pilot	may	delegate	functions	to	other	personnel	but	retains responsibility.
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Pilot	in	Command

Duties	and	Responsibilities:

• Assure	that	aircraft	to	be	flown	is	in	airworthy	condition	and	all	inspections	and	required	

maintenance	have	been	performed	as	per	appropriate	FAR's.

• Acquire	permission	from	the	chief	pilot	before	any	operation	under	the	provisions	of	this	

manual.

• Be	very	knowledgeable	of	the	contents	of	this	manual	and	abide	by	the	procedures,	policies	

and	conditions	contained	herein.

• Coordinate	with	movie	and	television	personnel	to	formulate	plans,	routes,	locations,	etc.	

with	safety	of	all	persons	involved	in	the	primary	concern.

• Maintain	their	copy	of	this	manual	in	current	condition	and	have	it	on	site	at	any	job	or	

operation	requiring	the	waiver.

• The	pilot	in	command	may	delegate	functions	to	other	personnel,	but	retains	responsibility.

Appendix	A-1

List	of	Approved	Pilots

Chief	Pilot

Name	:	Brett	Thorson

Certificate	Number	:	3140335

Grade	:	Private	ASEL	Instrument

Medical	Class:	Third Class (Renewing	01/2016)

Contact	Email:	FAA333Exemption@CranialThunder.com

Pilots

Name	: Samer	Najia

Certificate	Number	:	2520562

Grade	: Commercial	AMEL	Instrument	Airplane,	CFI,	MEI

Medical	Class/Date	:	3rd (Renewing	06/2016)

Contact	Email : FAA333Exemption@CranialThunder.com

Name	: Zachary	Lee	Hinkel

Certificate	Number	:	2833694

Grade	: ATP

Medical	Class/ Date	:	1st		June	29,	2015

Contact : drivintin@gmail.com

Name	:	Matthew	Ramsey

Certificate	Number:	3256580

Grade:	Private	ASEL	

Medical	Class	/	Date	:	3rd		- 2/6/2014	(Renewing	01/2016)

Contact	:	matt@airthunderbolt.com
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Appendix	A-2

List of	Approved	Aircraft

Make	/	Model /	Registration	Number

Will	be	updated	as	approved	under	FAA	Part	333	Exemption	and	acquisition

Appendix	A-3

Cranial	Thunder,	LLC

Permission	Acquisition	Form

In	signing	this	form,	I	am	giving	the	pilots	of	Cranial	Thunder, LLC	Permission	to	operate	their	

aircraft	at	less	than	500	feet	from	property,	or	in	some	jurisdiction	in	which	I	am	responsible	for	

or	affiliated	with,	for	the	purpose	of	film	or	television	production.

Name:

Title:

Basis	of	Authority	to	Grant	Permission:

Location:

Date	of	Operation:

Signature

Date

Cranial	Thunder Representative	Receiving	Permission:	

Appendix	A-4

Revision	Letter

Rev#	Section	Page	Action	Remarks	Initials

R	- Remove	and	Replace

D	- Delete	and	Destroy

N	- Insert	New	Page

Manual	Serial#

Issued	To

Revised	By

Date

This	form	must	be	returned	to	the	Chief	Pilot	no	later	than	_____________________________

Appendix	A-5

Use	form	7711-2	Application	for	Certificate	of	Wavier	or	Authorization	at	

http://www.faa.gov/documentlibrary/media/form/faa7711-2.pdf
Cranial	Thunder,	LLC																																					Petition	for	Exemption	Filed	under	Section	333	&	MPTOM

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