April 27, 2015

Petition for Exemption to Operate Small Unmanned Aircraft Systems for 

Closed-Set Motion Picture and Television Production

FAA Regulatory Docket 

NAME AND ADDRESS OF PETITIONER 

Delaney & Newton, Inc. (dba Southern Aero Cam) 

Attn: William A. Newton 

3103 Tecumseh Court 

Missouri City, TX 77459

I. PETITION SUMMARY

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

the Federal Aviation Administration’s general exemption authority under 49 

U.S.C. § 44701(f), Delaney & Newton, Inc. (dba Southern Aero Cam)

(“Petitioner”) hereby petitions for exemptions from the following regulations:

14 C.F.R. Part 21, Airworthiness Certification

14 C.F.R. § 91.103(b)(2), Preflight action;

14 C.F.R. § 91.105, Flight crewmembers at stations;

14 C.F.R. § 91.109, Flight Instruction;

14 C.F.R. § 91.119, Minimum safe altitudes;

14 C.F.R. § 91.121, Altimeter settings;

14 C.F.R. § 91.151 Fuel requirements for flights in VFR conditions;

14 C.F.R. § 91.405, Maintenance required;

14 C.F.R. § 91.407, Operation after maintenance;

14 C.F.R. § 91.409, Inspections;

14 C.F.R. § 91.417, Maintenance records.
The proposed exemptions, if granted, would allow Petitioner to operate small, 

Unmanned Aircraft Systems (UAS) weighing 55 pounds or less for the purpose of 

closed-set motion picture and television production. 

The Petitioner seeks to operate the following Small UAS Models:

DJI F550 Hexicopter. This Small UAS has a maximum takeoff weight of 

2.4. Kilograms (5.5 lbs). Its dimensions are 31 inches in diameter and 9 

inches in height. It is powered by six battery-powered electric motors 

arranged in a hexagonal configuration and controlled by a NAZA V2 Flight 

Controller and GPS module. It has a maximum speed of less than 50 knots. 

Its maximum altitude and horizontal distance from the takeoff point can be 

software restricted. It is programmed to return to the takeoff point in the 

event of a lost link event.

DJI S1000 Octocopter. This Small UAS has a maximum takeoff weight of 

11.0 Kilograms (24 lbs). Its dimensions are 56 inches in diameter and 16

inches in height. It is powered by eight battery-powered electric motors 

arranged in an octagonal configuration and controlled by a NAZA 

Wookong-M Flight Controller and GPS module. Its maximum altitude and 

horizontal distance from the takeoff point can be software restricted. It is 

programmed to return to the takeoff point in the event of a lost link event.

Based on the small size and limited operating area of Petitioner’s UAS, the 

qualifications and experience of Petitioner’s UAS operator, and the controlled

environment within which Petitioner will operate, the requested exemptions fall 

squarely within the zone of safety envisioned by Congress and set forth in Section 

333. Additionally, the enhanced safety achieved by replacing significantly larger 

manned aircraft carrying crew and flammable fuel with small UAS carrying no 

passengers, crew or fuel and operated under the specific guidelines and procedures 

proposed by Petitioner gives the FAA good cause to find that the UAS operations 

enabled by this Petition are in the public interest and the requested exemptions 

should be granted. 
II. STATUTORY AUTHORITY

A. Section 333 

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems,” 

provides a mechanism for seeking expedited FAA authorization of safe civil UAS 

operations in the National Airspace System (NAS). Section 333(a) states that the 

FAA “shall determine if certain unmanned aircraft systems may operate safely in 

the national airspace system before completion of the [comprehensive] plan and 

rulemaking required by section 332(b)(1) of this Act or the guidance required by 

section 334 of this Act.” 

Section 333(b) identifies several factors that the FAA should consider in 

determining whether commercial UAS operations should be approved. These 

include UAS that, “as a result of their size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight 

do not create a hazard to users of the [NAS] or the public or pose a threat to 

national security.” See Section 333(b). 

III. PETITIONER’S PROPOSED OPERATIONS SATISFY SECTION 333.

A. Unmanned Aircraft Systems

The UAS to be operated under this request have a gross weight of less than 55 lbs., 

will be operated at a speed of no more than 100 mph (87 knots), carry neither a 

pilot nor passenger, carry no explosive materials or flammable liquids, and operate 

exclusively within a secured area. Petitioner’s UAS use a radio frequency 

spectrum for operation and control that complies with Federal Communications 

Commission (FCC) requirements, and Petitioner has integrated safety features into 

the UAS, as described in Petitioner’s Multi Rotor Operations Manual. Petitioner’s 

UAS are equipped with redundant safety mechanisms allowing them to operate 

safely after experiencing certain in-flight failures. If a lost-link event occurs, 

Petitioner’s UAS have the ability to return to a predetermined location for landing. 

The UAS further have the ability to abort a flight in the event of unpredicted 

obstacles or emergencies. All flights will be terminated with at least 25% 

remaining battery power. 

Petitioner’s UAS will be identified by serial number, registered in accordance with 

14 C.F.R. Part 47, and have identification (N-Number) markings in accordance 

with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable.
Given the size, weight, speed, and limited operating area associated with the 

aircraft to be utilized by the applicant, an exemption from 14 C.F.R. Part 21, 

Subpart H (Airworthiness Certificates), subject to certain conditions and 

limitations, is warranted and meets the requirements for an equivalent level of 

safety under 14 C.F.R. Part 11 and Section 333.

Petitioner’s flight operations, if permitted, would offer an equivalent or greater 

level of safety to that of a conventional aircraft with an airworthiness certificate 

issued under 14 C.F.R. Part 21, Subpart H, and not subject to the proposed 

limitations and conditions.

Petitioner will strictly comply with safety and maintenance procedures included in 

all applicable UAS manufacturer’s instructions and operating manuals. To the 

extent such information is not included in the guidelines developed by the 

manufacturers, Petitioner will develop and document maintenance, overhaul, 

replacement, and inspection requirements and procedures and maintain 

maintenance records.

B. UAS Pilot in Command

Petitioner’s UAS pilot in command (PIC) holds a Private Pilot certificate with an 

Airplane Single Engine Land rating. Petitioner’s PIC also possesses a current 

Third Class Medical Certificate and Biennial Flight Review endorsement. 

The UAS PIC has accumulated and logged more than 25 hours of total time as a 

UAS rotorcraft pilot with more than 10 hours logged as a UAS pilot with a similar 

UAS type (single blade or multi-rotor).

The UAS PIC has accumulated and logged more than five hours of flight time 

with the specific make and model of the UAS to be utilized for operations under 

the exemption. To maintain currency the UAS PIC must have performed three 

takeoffs and landings in the same make and model in the preceding 90 days. 

Prior to operating, the PIC will be required to pass the knowledge and airmanship 

test qualifications developed by Petitioner for the UAS. Petitioner will conduct 

these tests in accordance with its operations manuals. 

In certain operations in which the PIC uses a video monitor for flight reference, 

petitioner’s operations will utilize a visual observer (VO). The VO will be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and the PIC will be able to communicate verbally at all times 

during operational flights in which a separate visual observer is needed.
Regarding Petitioner’s requested relief from 14 C.F.R. § 91.103, Petitioner will 

comply with the other applicable procedures and requirements stated in § 91.103. 

Specifically, the PIC will take all actions including reviewing weather, flight 

battery requirements, aircraft performance data, and landing and takeoff 

requirements before initiation of a flight. The PIC will also account for all relevant 

site-specific conditions in their preflight procedures. 

C. Operating Parameters of Petitioner’s UAS 

Petitioner’s UAS operations will be conducted within the environment of closed 

set. In this controlled environment, Petitioner’s operations will remain within 

VLOS of the PIC and VO, below 400 feet AGL, and at speeds below 87 knots. 

Only participating persons will be permitted within the operating area.

Petitioner requests relief from 14 C.F.R. § 91.119(b) and (c) with respect to those 

participating persons, vehicles, and structures directly involved in the production. 

Regarding distance from participating persons, the operations manuals set forth 

safety factors for authorized and consenting production personnel. Because those 

procedures are specific to participating persons, no further FSDO or aviation 

safety inspector approval is necessary for reductions to the distances specified in 

Petitioner’s manuals.

Regarding the distance from nonparticipating persons, Petitioner will ensure that 

no persons are allowed within 500 feet of the operating area except those 

consenting to be involved in the production. This distance may be reduced in the 

event that the nonparticipants are sufficiently shielded by structure or obstacle.

Petitioner will not conduct UAS operations within 5 nautical miles of the 

geographic center of a non-towered airport unless a letter of agreement with that 

airport’s management is obtained in advance. Additionally, Flight Operations will 

not be conducted within the following distances from airports or heliports:

• 5 nautical miles (NM) from an airport having an operational control 

tower; or 

• 3 NM from an airport with a published instrument flight procedure, 

but not an operational tower; or 

• 2 NM from an airport without a published instrument flight 

procedure or an operational tower; or 

• 2 NM from a heliport with a published instrument flight procedure
Petitioner will not operate the UAS less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC. 

Petitioner’s UAS will remain clear and yield the right of way to all manned 

operations and activities at all times. 

D. The Requested Exemption Promotes the Public Interest 

The enhanced safety achieved by replacing significantly larger manned aircraft 

carrying crew and flammable fuel with small UAS carrying no passengers, crew or 

fuel and operated under the specific guidelines and procedures proposed by 

Petitioner gives the FAA good cause to find that the UAS operations enabled by 

this Petition are in the public interest.

V. CONCLUSION

For the foregoing reasons, the regulatory exemptions requested herein should be 

granted and Petitioner should be permitted to conduct small UAS operations for 

the purpose of closed-set motion picture and television production. 

Respectfully submitted,

William A. Newton III

Delaney & Newton, Inc. (dba Southern Aero Cam)