July 14, 2015

Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

This petition is being submitted on our behalf without legal counsel or consulting services. Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11,

Emic Films L.L.C., a full service video production company, hereby applies for an exemption from the

Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft

Systems (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long

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

by the FAA as required by Section 333.

The requested exemption would permit Emic Films L.L.C. to pursue its commercial interests in

providing services to clients using a small advanced sUAV to film aerial video footage for nonprofit organizations and marketing purposes.

Our work is primarily focused on providing video services to small non-profit organizations. In particular, we 

often provide video services to organizations seeking to highlight environmental and conservation issues 

and projects. As a result, our services are in the public interest as we use the images gathered to advance the 

causes of organizations aimed to serve and protect the public. In addition, the sUAV is the best aerial video

gathering platform for this purpose due to reduced noise and small environmental impact, which

promotes public safety.

Emic Films states that any flights over private or controlled access property will be done only with the

property owner’s consent and knowledge. For any film done in public spaces, all required permits would be 

obtained from state and local government prior to operation.

Regulations from which exemption is requested:

14 C.F.R. Part 21

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. 91.109

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. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 – 91.417

Unmanned Aircraft Systems

Emic Films L.L.C. is petitioning for an exemption to operate a DJI Phantom 3 Professional. This 

model is equipped with a built-in stabilized HD camera and GPS safety features. These safety 

features include the ability to restrict the maximum altitude they operate above ground level

(AGL), to limit the radial distance from the operator and to exclude them from operations within

designated Class B, C and D airspace including “ no-fly zones”. This model also have a failsafe function that

is automatically engaged in the event communication is lost between the sUAS and the main controller

transmitter. At that time, the sUAS will return to its point of takeoff and land safely. If the connection is

restored, the PIC can regain control of flight and land manually.

As a resident of Washington, D.C. we understand the rules regarding the 15-mile restricted zone in the city. 

Our recent model of the DJI Phantom 3 excludes users within the 15-mile restricted zone. DJI's no-fly database 

also includes 3,500 airports. The company is adding a Federal Aviation Administration rule that sets up 

restrictions on all aircraft flying within 30 nautical miles of Reagan National Airport.

We have attached the DJI Phantom 3 User Manual and Specs as an attachment to this request, for your 

reference. 

These specifications meet or exceed the Model Aircraft Operating Standards as set below:

• The petitioner will only operate its sUAS in line-of-sight of a pilot and/or observer and will operate

at sites that are ‘sufficient distance’ from populated areas within the sterile area described in the

FOPM. Such operations will ensure that the sUAS will “not create a hazard to users of the national

airspace system or the public.”

• When flying the sUAS within three (3) miles of an airport, airport operators will be notified and

the operator will give the right-of-way to avoid flying in the proximity of full-scale aircraft.

• Maximum flight time for each operation will be 30 minutes.
• Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight time to

safely land the sUAS.

• The sUAS will be programmed so it will not be operated at an altitude that exceeds 200 feet AGL,

and not more than 100 feet above an elevated platform from which videography is planned.

• Minimum crew for each operation shall consist of : sUAS pilot and a visual sUAS observer.

• All required permits will be obtained from state and local government prior to operation;

• The sUAS operated by the petitioner weighs less than 25 pounds, including all payload (i.e.

camera, lens, and stabilized gimbal).

• The sUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously 

move vertically and horizontally. 

• Given the small size of the sUAS and the restricted sterile environment within which it will

operate, Emic Films L.L.C. operations adhere to the Reform Act’s safety requirements.

We respectively request exemption under Section 333 to enable Emic Films L.L.C. to operate efficient,

limited, low-risk commercial sUAS operations for the activities stated respecting at all times the space and

privacy of citizens and property while keeping airspace safe.

Sincerely submitted, 

 

Jonathan Bougher 

2439 18th St NW

Washington, DC 20009 

jon@emicfilms.com

202-304-6387

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Emic Films L.L.C. requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an

experimental certificate be issued for the DJI Phantom 3 under either, or both, of the following

provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following

purposes:
(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new

aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show

compliance with the airworthiness regulations including flights to show compliance for issuance of type

and supplemental type certificates, flights to substantiate major design changes, and flights to show

compliance with the function and reliability requirements of the regulations. Since the experimental

certificate can be used for commercial purposes such as market surveys, sales demonstrations, and 

customer crew training, we would expect that an experimental certificate would permit our commercial

purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under

strict operational requirements. Combined with the UA's light weight, being constructed primarily of

carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally

certificated aircraft performing the same mission. If an experimental airworthiness certificate is not

appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the

requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the

previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at

least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an

entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number 

assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word

"EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in

the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally,

we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station a high contrast

flag, banner or sign that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or

greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to

anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 91.7 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 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to this
requirement since the aircraft is not only too small to carry documentation, the documentation would

not be available to the crew during flight operations. To obtain an equivalent level of safety and meet

the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the

crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states "No person may operate a civil aircraft that is being used for flight instruction unless

that aircraft has fully functioning dual controls." The sUAS System ground-based control station consists of

a hand-held radio transmitter and while it does not offer a second set of "controls", both the student and

instructor can, and will, operate the single set of controls simultaneously. With both student and instructor

having "hands-on" the controls during flight, this technique meets the intent 91.109 and provides an

equivalent level of safety.

91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500

feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer

than 500 feet to the items listed. Operations will only be flown over property or persons where permission 

has been obtained and careful pre-planned has been performed. The aircraft will be operated at a low

altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property

on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles

and structures is minimal compared to manned aircraft, which should be considered in granting the 

exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 NM of the aircraft. The sUAS will always fly below 200 feet AGL and will not need to

maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level

altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board

computer to the display screen held by the PIC, providing a constantly updated AGL readout. In the 

event that this feature is unavailable, no flight will be conducted.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day- VFR conditions unless

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to

landing. The sUAV is battery operated and the maximum duration of flight from a single battery charge is

12 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the point of

intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement
of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation

with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides

that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew." At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry 

documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain

an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed

appropriate for this aircraft by the FAA will be co-located with the crew at the ground control station and

available for inspection upon request. In order to identify the aircraft, we propose that the information

found on airworthiness and registration certificates be permanently affixed to the aircraft via placard

containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14

CFR 45.23.

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require

that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance

and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an

airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours

of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller,

checking electrical connections and updating software and firmware for the on-board computer. The 

manufacturer, or their designated repair facility, will perform all other maintenance. The PIC will

document work performed in accordance with 91.417. We feel that due to the size, construction, and

simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

CONCLUSION

As pointed out in this application, the sUAV which our company would use, under authorization by the US DOTFAA, is small, light-weight devices operated within the line of sight of the Pilot-in-Command (PIC), less than 200 

feet above the ground and outside 3 miles from any airport, heliport, seaplane base, spaceport, or other location 

with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized 

each flight within a radius of this distance.

Our sUAV has proven capability for controlled flight. It is a device offered for general sale around the world and 

has often been used as Model Aircraft in the USA.For the foregoing reasons, the exemptions requested herein 

should be granted and Emic Films L.L.C. should be permitted to conduct small UAS operations in accordance 

with its manuals and all other operating parameters deemed necessary and appropriate by the FAA.