Due North Productions

Mark Smith

Ph: 310-213-0790

Email:Mark@randomtv.com

Address: 2204 Euclid St. Santa Monica, CA 90405

August 11, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR Part 21; 14 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. 91.103; 14 C.F.R. 91.109; 14 C.F. 

R. 91.119; 14 C.F.R. 91.121; 14CFR 91.151 (a); 14CFR 91.203 (a) & (b); 14 CFR 

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

Dear Sir or Madam:

Due North Productions is currently granted Exemption No. 12135 Regulatory Docket No. 

FAA-2015-1631. To date Due North Productions has filed several NOTAMS and been 

safely operating N556GC.

Due North Productions requests to expand operations for motion picture, television and 

other commercial operations that involve a closed set.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R.Part 11, Due North Productions, operator of Small Unmanned Aircraft 

Systems (“UASs”) equipped to conduct aerial videography and photography for the 

motion picture, television, and commercial videography industry for closed set filming, 

hereby applies for an exemption from the listed Federal Aviation Regulations(“FARs”) to 

allow commercial operation of its UASs, 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 UAS under controlled conditions in the NAS 

that is 1) limited 2) predetermined 3) controlled as to access. 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:

Due North Productions

Mark Smith

Ph: 310-213-0790

Email: mark@randomtv.com

Address: 2204 Euclid St. Santa Monica, CA 90405

Regulations from which the exemption is requested:

14 CFR Part 21

14 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. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 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

• 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 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 UASs, from the requirement that all civil aircraft must have a current 
airworthiness certificate. 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).

Due North Productions’ UASs 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 within a predetermined and 

closed off property area under the permission of the property representative as described 

in the Confidential Motion Picture and Television Operations Manual, attached as Exhibit 

1 (hereinafter “the Manual”). Such operations will insure that the UAS will “not create a 

hazard to users of the national airspace system or the public. Such operations will insure 

that the UAS will “not create a hazard to users of the national airspace system or the 

public” as per the Reform Act Section 333 (b).

Applicant submits this Confidential Motion Picture and Television Operations Manual as 

a Confidential document under 14 CFR 11.35 (b) as the entire manual contains 

proprietary information that the applicant has not and will not share with others. The 

manual contains operating conditions and procedures that are not available to the public 

and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

Given the small size of the UASs involved and the restricted sterile 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 UASs 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 

commercial videography 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 are conducted on closed off 

property under the permission of the property owner or property representative.
These limitations and conditions to which Due North Productions agrees to be bound 

when conducting commercial operations under an FAA issued exemption include:

1. The UAS 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 less than 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 UAS Pilot, and the Visual 

Observer.

6. UAS Pilot will be Pilot in Command (PIC). If the PIC deems another operator to be 

qualified with the necessary skills to be PIC, that person can also be designated as PIC 

provided they have a minimum of 40 hours of flight time with the UAS.

7. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately in a manner ensuring the safety of nonparticipating 

persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an undue hazard.

8. A briefing will be conducted in regard to the planned UAS operations prior to each 

day’s

production activities. It will be mandatory that all personnel involved with the operational 

duties of the flight within the boundaries of the safety perimeter be present for this 

briefing.

9. The operator will file an FAA Form 7711-1, or its equivalent, as modified in light of 

the requested exemption, with the appropriate local Flight Standards District Office.

10.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. With the advanced permission of the relevant FSDO, operations at closer 

range can be approved.

11.The operator will file an FAA Form 7711-1, or its equivalent, as modified in light of 

the requested exemption, with the Flight Standards District Office ("FSDO").

12.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.

13.The observer designated for any operation may have a class 2 medical certificate.

14.Observer and pilot will at all times be able to communicate by voice, radio, and/or text.

15.Written and/or oral permission from the relevant property holders or property 

representatives 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 UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a pre-determined location within the Security Perimeter and land 

autonomously.

18.The UAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, 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 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 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, 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 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 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, 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.” 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 no less than 40 hours of flight time with the UAS. 

Unlike a conventional aircraft that carries the pilot and passengers, the UAS 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.

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 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 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. 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. 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 that is being used for 

flight instruction unless that aircraft has fully functioning dual controls. UASs 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 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 100' above the highest point on the structure. 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. 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 UAS 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.” The UAS may not have a 

barometric altimeter. The UAS does have a GPS altitude read out and an exemption may 

be needed. An better than equivalent level of safety will be achieved by the operator,

pursuant to the safety check list and live flight data monitoring, that will continually 

confirm the AGL altitude. This is also based on the altitude of the launch site established 

during preflight and 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 10-30 minutes of powered flight. 

To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be 

limited to approximately 7.5-22.5 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. 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 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 

10-29 minutes or leaving a 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. Due North Productions monitors battery 

power with live battery voltage monitoring and a timer of all flight operations. 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 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. 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 for 

each UAS operated by Due North Producions. 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. 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 Manual, as referenced in the 

Aircraft OperationsManual. As provided in the Operations Manual, the operator will 

ensure that the UAS is in working order prior to initiating flight and perform required 

maintenance needed. Additional Views and Information

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, television, and commercial videography operations.

Approval of exemptions allowing commercial operations of UASs 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.) Such aircraft must fly to and from the film

location. In contrast, a UAS 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 UAS is carried to the film set. The UAS 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 but under 400 feet AGL, and in a sterile

environment and, as a result, are far safer than conventional flight 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 

representative or 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. All flights will occur in accordance with any state or local laws 

regarding privacy. 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, television, and commercial 

videography industry. 

Sincerely, 

Mark H. Smith 

Due North Productions 

President and Lead UAS Pilot/Operator