Petition by Fort Bay Studios for exemption to operate an unmanned aircraft in the National Airspace System, under Section 333.

To the Federal Aviation Authority (FAA)

800 Independence Avenue. S.W.

Washington, D.C. 20591

Dusan Tatomirovic, d.b.a. Fort Bay Studios, in accordance with the FAA Modernization and Reform 

Act of 2012, Public Law 112-95 FEB. 14, 2012, Section 333, hereby requests exemption from part 21, 

subpart H; and Sections 45.23(b), 61.113(a) and (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), and 91.417(a) and (b) of 

Title 14, Code of Federal Regulations (14 CFR).

I support my request with the following information:

Fort Bay Studios (FBS), plans to operate an Unmanned Aerial System (UAS), the DJI Phantom 3. UAS

is comprised of an unmanned aircraft and a transportable ground station.

The DJI Phantom 3 is referred to as a quad-copter with a maximum gross weight of about 1.3 

kilograms. It is equipped with four rotors that are driven by electric motors powered by a battery. The 

quad-copter has a maximum airspeed of 16 m/s. Technical specifications, as provided by the 

manufacturer, are enclosed as Exhibit 1. The quad utilizes a high definition camera.

Fort Bay Studios, is a media and content production company based out of Marina, California. FBS

offers clients comprehensive video production services and produces documentary films, commercials,

as well as on-line and social media content.

FBS plans to operate the UA at videography shoots throughout the United States to enhance production

value and media quality. 

I state that given the size, weight, speed, and limited operating area associated with the aircraft to be

utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) 

and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets 

the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95

(Section 333).

I request an exemption from § 45.23 Marking of the aircraft because this UA will not have a cabin,

cockpit or pilot station on which to mark certain words or phrases. Further, I state that two-inch

lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering

requirement. Regardless of this, I state that I will mark his UAS in the largest possible lettering by 

placing the word “Experimental” on its fuselage as required by § 45.29(f).

I state that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b)

Maintenance inspections may be required and should be granted since they only apply to aircraft with 

an airworthiness certificate. However, I state that as a safety precaution I will perform a preflight

inspection of his UAS before each flight as outlined in my operating documents.

Page 1 of 3 pages
Petition by Fort Bay Studios for exemption to operate an unmanned aircraft in the National Airspace System, under Section 333.

UAS Pilot in Command (PIC):

I assert that under § 61.113 (a) and (b) private pilots are limited to noncommercial operations, however

I can achieve an equivalent level of safety as achieved by current regulations because my UAS does not

carry any pilots or passengers. Further, I state that, while helpful, a pilot license will not ensure remote

control piloting skills. I further indicate that the risks of operating a UAS are far less than the risk levels

inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus I request an exemption

from § 61.113 Private Pilot Privileges and Limitations: Pilot in command.

Regarding UAS operational training, I state I have flown numerous practice flights in remote areas as a

hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of

this UA's performance under different temperature and weather conditions. 

I further state that I will practice computerized simulated flights to maintain adequate skills and 

response reflex time.

UAS Operating Parameters: 

I will abide by the following additional operating conditions under this

exemption:

• operate my UAS below 100 meters altitude, relevant to the terrain, and within a radius distance of 500

meters from the controller to both aid in direct line of sight visual observation; 

• operate the UAS for 5-10 minutes per flight;

• land my UAS prior to the manufacturer’s recommended minimum level of battery power;

• operate my UAS only within visual line of sight (VLOS);

• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly

lands if communication with the remote control pilot is lost;

• conduct all operations under my own personal and flight safety protocols contained in the operating 

documents and will actively analyze flight data and other sources of information to constantly update 

and enhance my safety protocols;

• contact respective airports if operations will be within 5 miles to advise them of my estimated flight

time, flight duration, elevation of flight and other pertinent information;

• always obtain all necessary permissions prior to operation; and

• have procedures in place to abort flights in the event of safety breaches or potential danger. 

I state that § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. I assert

that since there is currently no certificate applicable to my operation, this regulation is inapplicable.

I state that § 91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no

pilots or passengers on board his aircraft and given its size, this regulation is inapplicable.

I further indicate an equivalent level of safety will be achieved by maintaining a safety/flight manual

with the UAS ground station. I state that § 91.119 prescribes safe altitudes for the operation of civil

aircraft, but that it allows helicopters to be operated at lower altitudes in certain conditions. I state that

Page 2 of 3 pages
Petition by Fort Bay Studios for exemption to operate an unmanned aircraft in the National Airspace System, under Section 333.

I will not operate this UAS at the altitude exceeding 100 meters above ground level (AGL) and will 

also only operate it in a manner safe to the public and not interfering with traffic, thus providing a level

of safety at least equivalent to or below those in relation to minimum safe altitudes. I assert that given 

the size, weight, maneuverability, and speed of my UAS, an equivalent or higher level of safety will be 

achieved.

I indicate that § 91.121 Altimeter settings is inapplicable since my UAS utilizes electronic 

GPS/GLONASS positioning with a barometric sensor.

Public Interest

I state that aerial video photography and photography for brands, events, and television has been 

around for a long time through manned fixed wing aircraft and helicopters, but for small business 

owners, its expense has been cost-prohibitive. Business License is enclosed as Exhibit 2. Granting this 

exemption to Fort Bay Studios would allow our company to provide this service at a much lower cost.

Further, I would like to indicate that my small UAS will pose no threat to the public given its small size

and lack of combustible fuel when compared to larger manned aircraft. Also, I will maintain adequate 

liability insurance as specified by California regulations, or will adjust the coverage if necessary when 

operating in other parts of the country. Certificate of Liability Insurance is enclosed as Exhibit 3.

I would also like to state that the operation of my UAS will minimize ecological damage and promote 

economic growth by providing information to companies or individuals looking to relocate or build in 

the area of Monterey County, California.

Dusan Tatomirovic

d.b.a. Fort Bay Studios 

(www.fortbaystudios.com)

189 San Pablo Ct., Unit 11

Marina, CA 93933

fbs@bits.net

(831) 204-8401

Exhibit 1: UAS Specifications

Exhibit 2: Business License copy

Exhibit 3: Liability Insurance Certificate 

Page 3 of 3 pages




DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to

the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the

certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: PHONE FAX

(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

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EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR POLICY EFF POLICY EXP

LTR TYPE OF INSURANCE POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $

DAMAGE TO RENTED

CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $

$ OTHER:

COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $

(Ea accident)

ANY AUTO BODILY INJURY (Per person) $

ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS

NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident)

$ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTHSTATUTE ER AND EMPLOYERS' LIABILITY Y / N

ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A

(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $

If yes, describe under

DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD

DUSATAT-01 SHOWARD

7/16/2015

Maury, Donnelly & Parr 24 Commerce St.

Baltimore, MD 21202

(410) 685-4625 (410) 685-3071

Continental Casualty Company 20443

Dusan Tatomirovic

189 San Pablo Ct

Unit 11

Marina, CA 93933

A X 2,000,000

X X 6012275400 07/16/2015 07/16/2016 300,000

10,000

2,000,000

4,000,000

X 4,000,000

The State of California, including its agencies, departments, officers, agents, employees and servants is named as additional insured with respect to general 

liability as required by written contract.

The State of California

7080 Hollywood Blvd., #900

Hollywood, CA 90028