1

 Cine-Air / Baur Films 

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

Re: Exemption request, section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R. 61.113(a) & (b); 91.7(a);91.9(b);91.109;119.121;91.151(a); 

91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) & (b)

September 14, 2015

To Whom It May Concern

In accordance with the FAA Modernization and Reform Act of 2012 and the procedures 

contained within 14 C.F.R 11, I, Jim Pearson, on behalf of Cine-Air LLC/Baur Films, 

hereby request an exemption from the Federal Aviation Regulations (“FARs”) listed 

herein to comply with legal mandates in the commercial operation of small lightweight 

unmanned aircraft (“UAS”) equipped with cameras in airspace regulated by the Federal 

Aviation Administration (“FAA”) in accordance with the FAA UAS Regulations and 

Policies. This exemption request is submitted pursuant to Section 333 of the FAA Reform 

Act of 2012 and based upon information provided in this document and encompassed by 

attached supplemental exhibits. 

Contact Information

Cine-Air LLC/Baur Films 

Jim W. Pearson

25876 The Old Road #174

Stevenson Ranch, CA 91381

Mobile: (818) 365-7999

Email: jpearson@cine-air.com

Operational Purpose

Cine-Air LLC provides motion picture aerial production services. Cine-Air is an 

operational wing of Cinema Rentals, Inc., a California corporation providing film 

production support in the fields of specialized cameras (since 1965), marine & 

underwater filming (since 1989) and R/C aerial cinematography (since 1990). Cinema 

Rentals launched its UAV filming operations (“Cine Hovercam”) in 1990. Now 

independently incorporated as “Cine-Air LLC”, the branch is functionally unified with 

Baur Films and utilizes UAS equipment for the following commercial purposes;

• Digital or film production for public or private purposes, including live 

television, cinematography, still-photography, advertising or promotions. 

Such operations shall only be conducted under contract with authorized 

clientele and/or government authority when allowed by mandated filming 
2

permits and with the permission of the property owner and always within 

established operational guidelines.

• Support provided to search and rescue operations and damage survey in cases 

of need, emergency or natural disaster only when requested and/or contracted 

by authorized government representatives.

Cine-Air UAS Production History

UAV technology has drastically changed in just a few years but the UAV concept is 

certainly not new to us. Our pilots have a long history of UAS operations for sport, 

competition and eventually for business. In 1990, with no commercially-available UAV 

to carry large cameras, we designed, built, tested and flew our own fuel-powered aircraft 

for 35mm movie cameras. In the motion picture industry, Cine-Air represents over two 

decades of technical expertise and experience and we are proud of the positive 

acknowledgement by our film clients - from music videos, industrial films, commercials, 

magazine advertising, episodic television and feature films. In 1994, we (Cinema Rentals 

- HoverCam) were honored to be recognized by AMPAS (Academy of Motion Pictures 

Arts and Sciences) in being one of the first to propose the concept of utilizing remotecontrolled helicopters for motion picture production. AMPAS Awards Administrator 

Richard Miller described us as a “pioneer” in initiating this type of production method. 

We were subsequently nominated for a Technical Achievement Academy Award©. 

In 2006, working in conjunction with CopterVision in Van Nuys, we learned of the 

FAA’s concern for the expanding scope of the UAV technology. With our flawless 

record and stringent safety requirements, Mr. Richard Posey, of the Van Nuys FAA 

office, collaborated with CopterVision to learn how we safely and efficiently used the 

UAV in film work. When the agency took the position in 2007 that the UAVs could not 

be used in a commercial application, we stayed in contact with the FAA over the next 

few years to keep abreast of the situation. CopterVision eventually went out of business 

due largely to the financial impact of the FAA ruling but Cinema Rentals (Cine-Air) 

stayed the course. Despite our flawless record and the desires of the motion picture 

industry, the technology was side-lined by this ruling for a number of years. 

Continuing requests by various production clients and studios indicated a strong desire in 

the industry to pursue UAS as a filming medium. In the years after 2007, we continued to 

train, test and modify new aircraft and gimbals to maintain our skills. We transitioned 

from fuel aircraft to electrical. We assumed the time would come when FAA would 

define its rules and we could again pursue our business endeavor. With pilots who have a 

strong leadership background in UAS, we understand the advantages, limitations and 

challenges. With owners and flight team members who also understand the art of 

cinematography and photography, we have been a part of the motion picture industry 

since 1965 and understand the film industry and artistry. With a Business 

Manager/Coordinator being a former law enforcement officer and current active 

Homeland Security employee (U.S. Coast Guard Auxiliary Commander), the need for 

safety and security protocols is well-understood. We now seek to prove our worthiness 

for an exemption. With technology and proven safety protocols on the film sets guided by 

our knowledge, experience and skills augmented by the co-partnering of Cine Air LLC
3

and Baur Films, we have taken the UAV filming concept to new levels of performance, 

control, quality and safety.

Operational Proficiency

Gregg Okert, Pilot

Co-Owner, Cine-Air LLC

Flying R/C aircraft for over forty years from the age of 8

Flying R/C competition aerobatics at age 12

Consistently flying R/C aircraft through the development period

Custom R/C designer of competition models for other pilots

Consultant to Futaba Corporation for research and development of the GV-1

engine governor and GY-601 Gyro (Yaw Stabilizer) for advanced

helicopter flight performance

 Chief of Design and Pilot, CopterVision LLC, (1996-2007) in development of 

CVGA-1 Industrial Camera-Aerial Platform to carry large film cameras

for close-range aerial cinematography

With the experience of hundreds of flight projects for feature films, music videos

and commercials, Gregg’s foresight has been the key to a record of

optimum safety and customer satisfaction 

Tim Baur, Pilot and Cameraman

Owner of Baur Films

Flying radio-control aircraft since 1983

Flying radio-control aircraft with on-board cameras since 2000

Private pilot, Rotorcraft Helicopter since 1990

Commercial pilot, Rotorcraft Helicopter since 1992

Private pilot, airplane single engine land since 1993

Knowledge and ability to read and understand aeronautical charts of the

National Airspace System

Ability to comprehend and interpret the FARs

Total flight time as drone pilot – 300+ hours

Total flight time as drone camera operator – 100+ hours

Total time in full-size aircraft – 700+ hours

Commercial automotive photographer since 1990

Film Director, automotive television broadcast and web commercials since 2009 

Jim Pearson, Coordinator / Cameraman

Owner, Cinema Rentals, Inc. (1989-current) – over 3,000 film projects

Co-Owner, Cine-Air LLC

MPAA nominated Cinema Rentals for Academy Award for Technical

Achievement for UAV (1994)

Involved in conceptual UAS business and design since 1990

Law enforcement officer (1975-1985)

Coast Guard Auxiliary/Homeland Security member (2003-current)

Project, Business & Safety Coordinator

Flight Camera Guidance Technician/Project Safety Supervisor on 40+ projects
4

Sample Screen Credits:

Commercials:

Aveeno Budweiser Chevron WalMart

Ford Motor Company GT Bicycles Hyundai Subaru

Northwest Airlines MindsEye Productions Oscar Mayer Office Kei

Cerritos Auto Square MGM Grand Hotel, Las Vegas

Music & Industrial Videos:

“Jason’s Lyrics” “Above the Law” ZZ Top “Breakaway”

Greg Norman Golf Troon Golf Paul McCartney

Magazines/Still Photography:

Michael Kors Wired Magazine “Ducati”

Television:

Warner Pilot “Scruples” “Lois and Clark” “The Big Day”

“Discovery Channel” Utah Canyons “Senseless Acts”

“American Pickers” “Modern Family” “Community”

Feature Films:

“Spacecamp” “Paulie – Parrot’s Tale” “Scarecrow”

“Call of Mr. Sumatra” “Scorpion King” “King’s Rook”

“Greed” (Universal) “The Hunger Games” “Ruthless”

Over many years, we have been honored with requests to 

 demonstrate aerial filming or conduct flight orientation for

college staff, the Los Angeles County Sheriff’s Department and

the United States Coast Guard.

Geographic Operations

Cinematography and film production is a global enterprise. Our clientele have, in the 

past, had us operate UAS in several foreign countries and there is the expectation of such 

future occurrences. Therefore, in accordance with the exemption guidelines, we request 

the authority to exercise the privilege of operating internationally with the understanding 

that we must comply with the laws and regulations of any host nation or municipality and 

abide by the applicable statutes governing filming permits and operational guidelines.
5

Equipment

This request for exemption is based on information outlined herein and supported by the 

accompanying exhibits. The aircraft in our inventory have been selected because of their 

proven capability, performance and reliability for controlled flight but only ultimately 

chosen for professional use after extensive field-testing by our pilots. The diversity 

represented by the range of equipment gives us choices in evaluating the specific nature 

of each project. Common characteristics include gyro-stabilized flight mode, GPS-aided 

navigation, failsafe modes for automatic return and frame-mounted “orientation” LEDs. 

All are lightweight units at less than fifty pounds with camera assembly and gimbal. 

These systems are well-established for general sale around the world. With our in-depth 

understanding of the technology and designs, our pilots have the capability to monitor 

functionality and perform maintenance and repair. Our ground stations are always 

equipped as follows;

• Personnel: 

o Pilot in command (PIC) with the responsibility for operational control 

of the UAV at all times when not on the ground

o Camera-guidance technician with the responsibility for operational 

control of the camera gimbal

o Team manager/Coordinator serving as project manager, singular 

connection between flight crew and production crew during flight 

operations, visual spotter and conducts operational safety briefings to 

members of cast and crew. 

o Security personnel as needed to maintain defined and established 

safety perimeters as each project dictates

• Radio transmitter/controller operated by the PIC to control the UAV and 

receive flight data during flight operations

• Video transmitter, 200W transmit and receive, 5.8GHz, 500W transmit and 

receive, 5.8GHz (1050mA ± 50mA @ 6vdc, 860mA ± 50mA @ 8vdc, 680mA 

± 50mA @ 10vdc, 575mA ± 50mA @ 12vdc) to allow ground video 

monitoring

• Video receiver with video monitor for incoming live video feed and pertinent 

gimbal-position data displayed for constant monitoring by the Cameraguidance Technician on manually selected channel 1 (5705 MHz), channel 2 

(5685 MHz), channel 3 (5665 MHz), channel 4 (5645 MHz), channel 5 (5885

MHz), channel 6 (5905 MHz), channel 7 (5925 MHz), channel 8 (5945 MHz).

• Radio receiver with video monitor for incoming live video for monitoring by 

the Director and Director of Photography
6

• Communications: STX1000 radio transceivers manufactured by Digicom 

Eartec for wireless continual voice contact between the members of the flight 

team (900MHz).

Maintaining a diverse inventory of aircraft enables us to select the best aircraft for each 

project objective after consideration of operational characteristics, speed, performance, 

climb rate, limitations, operating procedures, camera loading information, etc. We 

maintain our own R&D records for failure and life-cycle characteristics. For transmission

or communications, all our systems are in compliance with FCC. We are using the DJI 

iOSD in conjunction with a DJI autopilot system. It supports two video input sources 

under PAL or NTSC mode which can be selected remotely by an RC transmitter switch. 

The RC transmitter switch can also change the wireless video transmitter channel 

remotely when the PIC uses the wireless video transmitter specified by DJI. The iOSD 

has a built-in BEC (battery eliminator circuit) which is, on one hand, for the power 

supply of the camera and, on the other hand, for the power supply of the main controller. 

This improves the reliability of the main controller power supply. The iOSD Mark II 

supports online upgrade. It has a strong adaptability and can work normally between -

20◦C-60◦C without adapter. The iOSD can record the flight log with power voltage, 

channel, aircraft distance to home, height, control mode, fail-safe mode, pitch attitude, 

roll attitude, attitude line, flight velocity, GPS satellite, video input and vertical velocity. 

The 2.4 range is shared by Wi-Fi and cellular phones but control exclusivity is 

maintained by spreading the spectrum and “frequency hopping”. 

DJI S800

Manufactured by DJI, the “S800” is a lightweight battery-operated 6-rotor

rotorcraft capable of vertical takeoff and landing. It is equipped with the

following equipment;

• Spreading “wings” – a folding undercarriage

• On-board flight computer with GPS navigation and location ability 

which receives signals from a ground-based flight 

controller/transmitter

• Flight controller: Wookong M with GPS, 2.4GHz, 4.4V to 5.5V

• Electronic gimbal for mounting a variety of cameras and capable of 

receiving independent movement signals from a secondary groundbased flight controller/transmitter

• An on-board telemetry system which delivers flight data (altitude, 

auto-ground level, horizontal and vertical speed, flight compass 

direction and directions back to landing site) by the UAV computer to 

the radio transmitter 

• On-board radio transmitter which transmits live video from the camera 

and flight data from the telemetry system to the ground controller 

DJI f550 Flame Wheel

Manufactured by DJI, the “f550” is a lightweight battery-operated 6-rotor

rotorcraft capable of vertical takeoff and landing. It is equipped with the

following equipment;
7

• On-board flight computer with GPS navigation and location ability 

which receives signals from a ground-based flight 

controller/transmitter

• Flight controller: Naza M with GPS, 2.4GHx, 4.4V to 5.5V

• Electronic gimbal for mounting a variety of cameras and capable of 

receiving independent movement signals from a secondary groundbased flight controller/transmitter

• An on-board telemetry system which delivers flight data (altitude, 

auto-ground level, horizontal and vertical speed, flight compass 

direction and directions back to landing site) by the UAV computer to 

the radio transmitter 

• On-board radio transmitter which transmits live video from the camera 

and flight data from the telemetry system to the ground controller 

Align T-Rex 700

Manufactured by Align, the “T-Rex 700” is a lightweight flybarless 

battery-operated single-rotor rotorcraft capable of vertical takeoff and landing. It

is equipped with the following equipment;

• On-board flight computer with GPS navigation and location ability 

which receives signals from a ground-based flight 

controller/transmitter

• Flight controller: Photohigher RSGS

• Uses an Align flight 3G X flybarless system

• Electronic gimbal for mounting a variety of cameras and capable of 

receiving independent movement signals from a secondary groundbased flight controller/transmitter

• An on-board telemetry system which delivers flight data (altitude, 

auto-ground level, horizontal and vertical speed, flight compass 

direction and directions back to landing site) by the UAV computer to 

the radio transmitter 

• On-board radio transmitter which transmits live video from the camera 

and flight data from the telemetry system to the ground controller 

MikroKopter Joker 800

Manufactured by MikroKopter, the “Joker 800” is a lightweight battery-operated

single-rotor rotorcraft capable of vertical takeoff and landing. It is equipped with

the following equipment;

• On-board flight computer with GPS navigation and location ability 

which receives signals from a ground-based flight 

controller/transmitter

• Flight controller: JR DX8 or Futaba 9Z

• Uses a HeliCommand 3sX flybarless system

• Electronic gimbal for mounting a variety of cameras and capable of 

receiving independent movement signals from a secondary groundbased flight controller/transmitter
8

• An on-board telemetry system which delivers flight data (altitude, 

auto-ground level, horizontal and vertical speed, flight compass 

direction and directions back to landing site) by the UAV computer to 

the radio transmitter 

• On-board radio transmitter which transmits live video from the camera 

and flight data from the telemetry system to the ground controller 

DJI Inspire

Manufactured by DJI, the “Inspire” is a lightweight battery-operated 4-rotor

rotorcraft capable of vertical takeoff and landing. It is equipped with the

following equipment;

• On-board flight computer with GPS navigation and location ability 

which receives signals from a ground-based flight 

controller/transmitter

• Flight controller: DJI Phantom 3 Lightbridge operating between 2.4 

and 2.483 GHz

• Video downlink operates between 5.725 and 5.825 GHz

• Electronic gimbal for mounting a variety of cameras and capable of 

receiving independent movement signals from a secondary groundbased flight controller/transmitter

• An on-board telemetry system which delivers flight data (altitude, 

auto-ground level, horizontal and vertical speed, flight compass 

direction and directions back to landing site) by the UAV computer to 

the radio transmitter 

• On-board radio transmitter which transmits live video from the camera 

and flight data from the telemetry system to the ground controller 

DJI Phantom 3

Manufactured by DJI, the “Phantom 3” is a lightweight battery-operated 4-rotor

rotorcraft capable of vertical takeoff and landing. It is equipped with the

following equipment;

• On-board flight computer with GPS navigation and location ability 

which receives signals from a ground-based flight 

controller/transmitter

• Flight controller: DJI C1 operating between 2.400 and 2.483 GHz

• Video downlink operates between 5.725 and 5.825 GHz

• Electronic gimbal for mounting a variety of cameras and capable of 

receiving independent movement signals from a secondary groundbased flight controller/transmitter

• An on-board telemetry system which delivers flight data (altitude, 

auto-ground level, horizontal and vertical speed, flight compass 

direction and directions back to landing site) by the UAV computer to 

the radio transmitter 

• On-board radio transmitter which transmits live video from the camera 

and flight data from the telemetry system to the ground controller 
9

FreeFly ALTA

Manufactured by FreeFly, the “Alta” is a lightweight battery-operated 6-motor

rotorcraft capable of vertical takeoff and landing and equipped with the following

equipment;

• On-board flight computer with GPS navigation and location ability 

which receives signals from a ground-based flight 

controller/transmitter

• Flight controller: Synapse or MoVI-10

• Electronic gimbal for mounting a variety of cameras and capable of 

receiving independent movement signals from a secondary groundbased flight controller/transmitter

• An on-board telemetry system which delivers flight data (altitude, 

auto-ground level, horizontal and vertical speed, flight compass 

direction and directions back to landing site) by the UAV computer to 

the radio transmitter 

• On-board radio transmitter which transmits live video from the camera 

and flight data from the telemetry system to the ground controller 

Relevant Statutory Authority

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

FAA Modernization and Reform Act of 2012 (“Reform Act”). Congress has directed the 

FAA “to safely accelerate the integration of civil unmanned aircraft systems into the 

National Airspace system”. Pursuant to Section 333 of the Reform Act, the FAA 

Administrator is to permit unmanned aircraft systems to operate in the National Airspace 

(“NAS”) where it is safe to do so based upon the following considerations;

• The UAS’s size, weight, speed and operational capability

• UAS operation in close proximity to airports and populated areas

• UAS operation within the visual line of sight of the operator

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency’s safety regulations and minimum standards when the Administrator decides a

requested exemption is in the public interest. Refer to 49 U.S.C § 106(f) (defining the 

authority of the Administrator); 49 U.S.C §§ 44701(f) (permitting exemptions from §§ 

44701(a), (b) and 44702-44716, et seq.). A party requesting an exemption must explain 

the reasons why the exemption: (1) would benefit the public as a whole, and (2) would 

not adversely affect safety (or how it would provide a level of safety at least equal to the 

existing rules). Refer 14 C.F.R § 11.81 (petitions for exemption).

Proposed UAS Operations Meet the Requirements for Exemption

It is proffered that the proposed operations in this Petition for Exemption qualify for 

exemption approval pursuant to Section 333 of the Reform Act as each of the statutory 

criteria and relevant factors are satisfied.

Compliance with UAS Dimensions and Operational Capability

Cine-Air LLC/Baur Films will employ the UAS for the operations specified in this 

Petition for Exemption in the following manner;
10

• Keep the gross weight of UAV and camera at or below fifty pounds

• Maintain air speeds at a level consistent with surroundings and 

conditions

• Operate at an altitude no greater than 400 feet AGL

• Maintain a power level sufficient to successfully complete a predetermined flight path with a 20% reserve safety margin

• Discontinue operation in the event of failure of flight data monitoring 

• Avoid flammable propellants or fuels onboard the UAV

• Seek FAA advance approval for any perceived “special effects” 

deviation from standards

Compliance with Operational Restrictions

The “Procedures and Protocols” (Appendix A1), “Operational Check-List” (Appendix 

A2), “Motion Picture Industry Safety Standards” (Appendix A3) and aircraft 

manufacturer operations manuals (Appendix B1 thru B7) establish procedures and 

limitations of equal or higher safety factor than FAA established guidelines necessary to 

successfully perform the operations specified in this Petition for Exemption.

Operations within Public Interest

The public interest will be served by granting an exemption to Cine-Air LLC/Baur Films. 

Repeated requests for UAS filming service by the various film production companies 

since 2007 are indicative of the industry desire to avail itself of this technology in film 

production. With the added statutory obligations imposed in film production for legal 

permits and safety (ref: Appendix A3), the film industry is ideal for using UAS 

technology. Congress has established a national policy that favors early integration of 

UASs into the NAS in controlled and safe working environments such as those proposed 

in this Petition. In addition, the public also has an interest in reducing the hazards 

associated with alternate methods of conducting similar operations. Currently, similar 

close or mid-range filming operations are limited or are conducted where possible using 

full-size helicopters or aircraft at low altitudes. This is physically and ecologically more 

disruptive and substantially more hazardous to lives and property than UAS. Many film 

sequences beyond the scope and range of UAS will continue to be best obtained by using 

full-size aircraft. However, by taking advantage of UAS technology, exposure to these 

risks will be reduced when conducting the filming operation within the outlined 

operational parameters. UASs have identifiable safety benefits which include no 

emissions, no fuel to ignite or detonate, no on-board crew, increased flexibility within 

confined space, no negative ecological influence and a comparatively small “footprint

risk” compared to full-size aircraft.

The Summary FAA May Publish in the Federal Registry

A. 14 C.F.R. 91: Airworthiness Certificates, Manuals and Exhibits

14 C.F.R. 91.7(a) Cine-Air LLC/Baur Films, by virtue of the application 

of the “Procedures and Protocols” (Appendix A1), “Operational CheckList” (Appendix A2) and the guidance of the “Motion Picture Safety 

Guidelines” (Appendix A3) will ensure the UAS is in airworthy condition 
11

based on compliance with the specific operations manual for each model

(Appendix B1 ̴ B7).

14 C.F.R. § 91.121 Relief is requested considering the limited altitude of 

proposed operations. 

B. 14 C.F.R. § 91.113: Private Pilot Privileges and Limitations: PIC

Pursuant to 14 C.F.R §61.113(a), The FAA has previously declared that 

additional manned airship experience of a commercially certified pilot 

would not correlate to the airmanship skills necessary for similarly 

proposed operations in previously issued exemptions to this regulation 

through Exemption Nos. 11062 and 11138.

Pursuant to 14 C.F.R §61.113(b), the “stick and rudder” controls of the 

typical aircraft on which one would be trained to achieve a private pilot 

license are completely different than that of a small UAS. Additionally, 

the FAA does not require manned ultralight vehicle PICs to meet any 

aeronautical knowledge, age or experience requirements or to have airman 

or medical certificates (as outlined in 14 C.F.R § 103). Ultralight vehicles 

can weigh five hundred pounds more than the UAS models in the Cine-Air 

inventory, can carry up to five gallons of combustible fuel and cover much 

greater distances than the UAS. Due to these facts, and based on the 

accumulated UAS flight experience and the licensing and experience in 

fixed-wing and full-size rotorcraft represented by our pilots, it is submitted 

they are qualified to assume the PIC positions. 

C. 14 C.F.R. Part 91.119 (c) : Minimum Safe Altitudes

The provisions pertaining to “minimum safe altitude” refer to full-size 

aircraft due to the nature of their design and speed. The provisions do not 

appear to correlate to UAS operations based on the fact that UAS is 

essentially a ground-controlled aircraft with a need to prioritize maximum 

safe altitudes. Cine-Air LLC has long established UAS safety parameters 

based on the “footprint” (potential area of emergency landing). 

Essentially, the lower the altitude the smaller the “footprint” or risk zone. 

As our operational altitude increases, we expand our “safety zone” for cast 

and crew or other susceptible contacts. We have also established 

additional “safety zones” for flight operations. These include pedestrian or 

vehicular traffic in an effort to also avoid distracting drivers which could 

result in influencing a traffic accident.

D. 14 C.F.R. Part 91.151 (c): Fuel Requirements for Flight in VFR Conditions

Provisions for “minimum fuel levels for VFR conditions” apply to fullsize aircraft but do have some correlation to UAS operations. While fullsize aircraft must determine fuel margins for flight plans and available 

airfields, UAS operates in close proximity and must determine power

margins for flight path and proximity to both primary and alternate 
12

landing sites. Cine-Air LLC/Baur Films will continue to apply operational 

safety margins as established in the twenty-five years we have been 

involved with aerial film production. Margins must encompass an ample 

power supply to safely maneuver back to the landing zone. While 

operations manuals may state power levels and flight duration, our 

experience has proven those time limits can vary with conditions and 

maneuvering extremes. Therefore, we monitor power levels at all times 

and have designed onboard LED displays to warn the flight team of 

diminishing power levels. 

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

Inspections

The above-stated Regulations require, amongst other things, aircraft 

owners and operators to “have [the] 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”.

 

These Regulations only apply to aircraft with an airworthiness certificate

and rely upon the availability of certified inspectors to perform such

inspections. We proffer that the rule does not, therefore, apply to the

UAVs under our control. Nonetheless, any operation with the potential to

inflict injury or damage must conform to an acceptable standard of

professional ethics and prudence. For Cine-Air/Baur Films operations, this

entails constant vigilance with operations and a maintenance program for 

our UAVs to maintain a performance level beyond what any project may 

involve. This includes;

1. Visual inspection of degradable materials for signs of wear

2. Utilizing the applicable “life span” data to replace components such as 

blades or belts which, although not damaged, might crack and be 

prone to sudden failure under the stress of flight torque

3. Regular test-flight of each UAV in a confined protected environment 

4. Pre-flight inspection prior to any contracted assignment

5. Post-flight inspection following any flight operation

6. Maintaining a “maintenance record” for each UAV

Conclusion

This Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform 

Act of 2012 including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within line-of-sight and national security. Unlike a new entity 

pledging to abide by regulations, our company helped to create the safety standards now 

considered the formula for reducing risks and improving film production capability. 

Additionally, the Petition provides more than adequate justification for the grant of the 

requested exemptions to permit Cine-Air LLC/Baur Films to operate UAS for the specific 

operations specified herein.
13

Granting the exemption will benefit the public interest as a whole in several ways 

including, (1) reducing the usage of full-size aircraft for film production in closeproximity situations, (2) significantly improving the safety and reducing risk to human 

life and property, and (2) improving the quality of services and decreasing operating costs 

compared with conventional methods.

Respectfully,

Jim Pearson

CEO

Cine-Air LLC/Baur Films
14

 APPENDIX “A1”

 SAFETY PROCEDURES AND PROTOCOLS
15

 Cine-Air/ Baur Films 

 UAS Safety Procedures and Protocols

No priority can be higher than public safety. For flight planning, the safety procedures and protocols must 

be implemented through a program of maintenance, record-keeping, pre-flight inspections, post-flight 

inspections and operational awareness. 

Our entire operations team has the highest regard for mechanical reliability, airworthiness and safety. Our 

ethics and respect for safety of human life and property are embodied by diligent application of the 

guidelines within our “Flight Operational Check-List” (Appendix A2) and the “Motion Picture Industry 

Guidelines” (Appendix A3). Where mechanical device limitations are largely based on electronic capability

and power (fuel or battery), our operational range is encompassed within acceptable greater mechanical, 

power and physical safety margins which include;

• Coordinate flight plan to obtain film sequences in the safest possible manner

• “Operations Plan” is reviewed and initialed by every operational and administrative 

member of the Cine-Air/Baur team and the production client representative. 

• Every member of the flight team must be familiar with flight and emergency procedures

and on-set protocol before any actual flight operations

• Utilize a minimum three-man flight team (Pilot, Camera-guidance Technician and Flight 

Coordinator/Safety Officer) and expand as conditions dictate.

• Flight operations personnel maintain continual team communication by radio.

• Avoid flights directly over people or other unnecessary and unsafe maneuvers. 

• Flights over water require the addition of a Marine Safety Team prepared with safety 

boats and equipment for a potential maritime casualty or underwater equipment recovery 

if necessary. 

• No UAS flight in close-proximity to airports without advance production planning, 

written permission of airport management and written permission of FAA.

• Conduct a physical scout of the proposed site for frequency anomalies and physical flight 

hazards.

• “FPV”, as used in our procedures, refers to “downlinked and monitored view” and not 

full immersion visual guidance 

• During the planning phase, the production client must complete a questionnaire and 

submit a “storyboard” detailing the shots they envision. Pre-production planning always 

entails our knowing;

o Type of film project

o Film format

o When and how many days for aerial filming
16

o Film site geographic location

o Film site general weather patterns

o Film site elevation AGL

o Film site hazards or obstacles – and offset plans

o Site locale and description

o Any night filming plans

o Number of people in the shots and what they are doing

o Description of the shots with storyboard copies

o Client control of all vehicular and pedestrian traffic in the operational area

o “Following” or “chase” scenes requiring vehicular tracking by UAV camera 

o Confirm restricted flight area requirement for staging, takeoff and landing

o Operating area located at ground level or elevated (such as a tall building)

o Flight over water and, if so, what type and how far offshore

o Copy of required Filming Permit reflecting aerial operations 

o Weather temp

o Location security confirmed

o Fire Safety Officer assigned

o Any plans for “special effects” such as artificial wind (fans), explosives, 

airborne objects or other elements which disturbs the airflow around the UAV 

rotors and center of gravity

o Consult Google Earth for location distance from nearest airport

o Inspect location for

Non-airport public or private heliports or landing pads

Medical heliports or landing pads

Flight path light poles or utility wires

Indigenous animal and bird life

Elevated obstructions

Ground hazards for Pilot movement

Optimum flight staging area

Flight path clearance

Emergency landing areas

Positions for production security posts during flight operations

• A pre-flight crew Briefing and Safety Meeting shall be conducted prior to any aerial 

operations and shall be repeated as necessary for changes in location, additional scenes, 

script changes, etc. The Meeting shall, at a minimum, include; 

o Possible risk to personnel involved. 

o Safeguards to personnel and equipment. 

o Communications and Emergency procedures, including landing zones. 

o Location of boundaries and intended flight paths. 

o The use of explosives or squibs and interaction of stunt personnel. 

o A discussion regarding electronic devices and/or other equipment the crew may 

have that could interfere with the control of the remote controlled helicopter. 

o Discuss all obstacles and/or equipment types and locations that may present a 

hazard. 

o Description of flight operations and cautions for cast and crew

o The “CUT” command by Director does NOT allow crew movement until the 

UAV has been safely landed, engines stopped and the “ALL CLEAR” command 

is given 

• All production cast and crew members are required to attend the pre-flight crew Briefing

and Safety Meeting and, in accordance with “Motion Picture Industry Guidelines”, all 

members of cast and crew are required to sign the roster attesting to the briefing. 
17

• Every person who, although not a member of the Flight Team, is a direct participant 

(actor or crew) in aerial filming operations is required to be additionally briefed on the 

nature of each scene and must acknowledge the risk by signing a waiver. 

• Field procedures entail mandatory pre-flight and periodic inspection, a test-flight prior to 

actual filming operations and other failure testing protocols. 

• Monitor changing natural conditions such as wind, air density, temperature, humidity and 

time of day for influence on flight conditions

• Whether on an interior sound stage or exterior locale, the specific flight area and 

calculated “foot-print” must be closed, controlled and monitored during flight operations. 

• Fly “line-of-sight” in “manual” or “assisted” mode for optimum control and safety. 

• For longer or higher flight paths, the “GPS” programming mode is utilized with spotters 

along the flight path. 

• Fly with an absolute ceiling of 400 feet AGL to avoid entering sensitive and vulnerable 

FAA controlled air space 

• Shield Pilot from distractions

• Fire Safety Officer required on film set

• EMT required on set

• Cine-Air establishes and maintains the following documents for optimum safety and 

ongoing development and modification;

o Aircraft component “life span” studies and documentation

o Equipment logs

o Equipment service records

o Pre-flight plans

o Post-flight reports
18

 APPENDIX “A2”

 FLIGHT OPERATIONS CHECK-LIST
19

 Cine-Air/ Baur Films 

 UAS Operational Check-List

PLANNING

□ Review client production plan

□ Create aerial production & safety plan

□ Flights over water require a Marine Safety Team and specialized equipment

□ Flight team review aerial production plan

□ Film Permits

□ Consult Google Earth for location distance from airports

□ Location Permission

□ Determine FAA TFRs for shoot date

□ Contact FAA for any operational deviation from exemption

□ Client contract and insurance

LOCATION SCOUT

□ Thermal-controlled dry location for flight preparation or repair

□ Notify any bystanders or nearby property owners of flight operations

□ Check for wires / cables

□ Property in the vicinity

□ Private airports, helipads or landing pads

□ Medical helicopter landing pads

□ Flight path light poles, utility wires or aerial obstructions

□ Elevated obstructions

□ Ground hazards for pilot movement

□ Optimum flight staging area

□ Emergency landing sites within flight path

□ Positions for spotters and security positions

PRE-FLIGHT

Flight Crew Considerations

□ Well rested

□ Perception of the mission

□ Not Rushed

□ Not Pressured by client

□ Adequate frequency of rest periods

□ Nutrition and hydration

□ Thermal protection
20

Weather considerations

□ Temperature

□ Visibility

□ Precipitation

 □ Wind speed - upper winds / at altitude

 □ Wind speed - Rotor (lee side of large objects)

Mission Verification

□ FAA NOTAMs

□ FAA contact number available during flight operations

□ Security personnel and Fire Safety Officer informed and deployed

□ Determine any plans for “special effects” 

Artificial winds (fans)

Explosives or squibs

Airborne objects

Other elements which disturb the airflow around the UAV rotors and CG

□ Flight team discuss flight plan

Environment

□ Animal or bird life in flight vicinity

□ People / bystanders in flight vicinity

□ Site is away from nonessential participants

□ Ability to maintain adequate buffer zones between aircraft and personnel;

□ Take into account local topography, ensuring a visible line of sight towards the UAV.

□ Ensure the telemetry connection is not obstructed.

□ Investigate potential alternative landing sites in case take-off site is obstructed.

□ Maintain backup batteries on constant charging system

□ Scan location for problematic frequency signals

□ Select, secure and physically mark the restricted flight staging area and flight paths

□ Traffic control is required to eliminate any unnecessary vehicles

□ Conduct pre-flight crew safety briefing to include;

• Possible risks to involved personnel

• Safeguards to personnel and equipment

• Communications and emergency procedures, including landing zones

• Location of boundaries and intended flight paths

• Interaction of stunt actors

• Discussion regarding crew-held electronic devices which may interfere with the 

control of the UAV

• Discuss all obstacles, locations and/or equipment types which may present a 

hazard

• Description of flight operations and cautions for cast and crew

• “CUT” command does not allow crew movement until UAV is safely back on the 

ground and “ALL CLEAR” is announced

• All cast and crew sign briefing attendance roster
21

Equipment

□ Aircraft “walk-around”

□ Crack in joints and structural members

□ Loose or damaged screws, ties, fasteners, straps

□ Loose or damaged wiring

□ Loose or damaged connections (solder, plugs, etc.)

□ Inspect prop mounts and screws

□ Apply slight counter pressure on arms to check for loosened components

□ Downlink FPV: inspect/clean FPV Camera Lens; lens secured & firmly attached

□ Camera settings are correct (still images, video, frame rate)

□ Battery / Batteries are fully charged, properly seated and secured

□ Fail-safe equipment functioning

□ RTH (return to home)

□ Recovery chute

□ Firmware Airport Proximity Detection Functioning

□ Props are smooth and free of damage / defect (check blade, surface and hub)

□ Prop adapters are tight / secure

□ Ensure voltage alarm is connected

□ Ensure arming / idle timeout is properly configured

□ Correct model is selected in transmitter (if applicable)

□ Check RC transmitter shows the right range and centering for all sticks

□ Perform range test

EMERGENCY PLANNING

□ All actions and contingencies for the mission planned.

□ Safe routes in the event of a system failure, degraded performance or lost communication link

□ Crew EMT on set and/or First Aid kit stocked, conspicuously and readily accessible

□ Remain attentive for Contingency Factors

Full-size aircraft is detected in or near flight range

Flight security breach – unauthorized persons entered the secure area

Operational distractions of any origin

Extreme weather changes (wind gusts, storm, lightning)

Detectable mechanical aberration

Cast or crew injury

Pilot fatigue

Concern of Fire Safety Officer 

Pre-Flight Run-Up

□ Verify transmitter, on-board aircraft and camera batteries are fully charged; (confirm voltages)

□ Ensure no frequency conflicts with either video and transmitter / receiver

□ Check all control surfaces for signs of damage, loose hinges, and overall condition; 

□ Inspect wing/rotors to ensure they are in good structural condition and properly secured;

□ Check motor/engine and mounting attached to the airframe;

□ Study propellers / mounting hardware (tight) / rotor blades for chips and deformation;
22

□ Check the landing gear for damage and function

□ Test electrical connections, plugged in and secure

□ Ensure photo / video equipment mounting system is secure and operational.

□ Check location of GPS equipment controlling the autopilot.

□ Check the IMU movements in the ground control software.

□ UAV in stabilization mode, ensure control surfaces move towards the correct positions

□ UAV / Drone is in a level location safe for takeoff

□ Downlink FPV / Power up ground station

□ Downlink FPV / Power up Video receiver / goggles

□ If using Video recorder, turn on camera system

□ Camera settings are correct (still images, video, frame rate)

□ SD camera memory clear and inserted into the camera

□ Action / Start filming

□ All transmitter controls move freely in all directions

□ All transmitter trims in neutral position

□ All transmitter switches in correct position (typically away)

□ Transmitter throttle to zero

□ Radio transmitter on

□ Connect / power on battery to airframe

□ Ensure LED indicators and audible tones are correct

□ Timer on (if applicable)

□ Downlink FPV, confirm video is in monitor / goggles

□ Scan for nearby cars / people / animals

□ Announce “STAND CLEAR”

□ Arm flight controller

□ Increase throttle slightly while listening for any abnormalities

□ Short 20-30 second hover at 3-5 feet (listen for vibrations / loose items)

□ Confirm Voltage levels are correct

FLIGHT

□ Minimize departures and landings over populated areas

□ Basics: If flying manually, always keep fingers on the controller/transmitter.

□ Never let the UAV out of sight.

□ Climb to a safe altitude away from potential hazards and to reduce noise pollution.

□ Keep aircraft at a safe operating distance from people, electric utility lines and buildings.

□ If plan involves flight over buildings, minimize exposure and maintain safe altitude for recovery 

□ Use a spotter whenever appropriate.

□ Do not fly UAVs within specified distance of any private/commercial airport/helipad defined 

by laws and rules

□ Do not fly around a pre-existing UAV flying site without a frequency-management agreement.

□ Do not interfere with operations and traffic patterns at any airport

□ Scan landing area for potential obstructions or hazards.

□ Announce “Preparing to Land”.

□ Assure people do not move until UAV is on the ground and shut down

□ Carefully land the aircraft away from obstructions and people.
23

□ Avoid flights directly over people or other unnecessary or unsafe maneuvers

□ Monitor changes in wind, air density, temperature, humidity or time of day

□ Coordinator protect pilot from unnecessary distractions

□ Flight crew remain alert for emergencies

□ Monitor battery timing and LED alert lights

□ Space flights with ample rest for flight crew

POST-FLIGHT

□ Turn the power off to the aircraft and/or disconnect the batteries.

□ Turn off the transmitter.

□ Turn the power off to the photo equipment.

□ Visually check aircraft for signs of damage and/or excessive wear.

□ Secure the aircraft.

□ Check pictures: Verify that the UAV camera actually took the pictures.

□ Log the flight times and data

□ Notate mechanical anomalies
24

 APPENDIX “A3”

 MOTION PICTURE INDUSTRY STANDARDS
25

 Cine-Air/ Baur Films 

 Motion Picture Industry Standards

Considering the film production primary objective, the concern for public safety and that of the cast and

crew expressed by FAA and the flight team is equally shared and prioritized by the motion picture industry

and the respective labor unions. Cine-Air LLC/Baur Film supports the “Safety Bulletin #36” issued by the

Industry Wide Labor-Management Safety Committee which is required to be attached to the production

“call sheet” on days which involve the use of a UAS. Safety Bulletin #36 specifies the

following “recommended guidelines” for consideration when planning UAS filming operations;

1) The Production Company shall notify the Film Permit Office and/or appropriate 

governmental agency that a remote-controlled helicopter is being used in the production and 

any special provisions or precautions required shall be followed.

2) The Pilot/Remote Control Operator in Command shall notify the FAA if the helicopter

intends to fly near or within restricted and/or controlled air space. 

3) The Pilot/Remote Control Operator in Command shall check the location to determine if

there are any potential radio frequencies or electrical transmission that could interfere with or 

affect the safe operation of the helicopter. 

4) The cast and crew shall be notified that any electrical or transmission equipment may also

interfere with the safe operation of the helicopter. Crew members with electrical or 

transmission equipment should contact the Pilot/Remote Control Operator in Command to see 

if it may affect the operation of the helicopter's control devices. 

5) If the remote controlled helicopter is to be used indoors, extreme caution shall be taken. 

Indoor conditions (e.g., increased heat resulting in reduced air density) could adversely affect 

flying characteristics. Additionally, interior sets, walls, ceiling beams, lighting equipment, 

HVAC equipment etc., could be a hazard. 

6) The Pilot/Remote Control Operator in Command is at all times the final authority over the

helicopter and shall be in command over all flight operations and/or related activities. 

7) The Pilot/Remote Control Operator in Command shall have the final authority to abort 

any flight operation in the interest of safety. Abort signals shall be specified ahead of time. 

8) At the start of each day’s filming the Pilot/Remote Control Operator in Command and the

designated production representative will conduct a briefing and/or SAFETY MEETING for 

the production staff, and those persons necessary for filming, including emergency, safety and 

security personnel. 

9) With regard to communications, the Pilot/Remote Control Operator in Command will 

coordinate with the designated production representative and implement a plan for 

communications between the participants. 

10) A preplanned stunt and/or special effect sequence will not be changed in any way without the 

authorization of the Pilot/Remote Control Operator. Once the helicopter is airborne, no 

changes will be made.
26

11) If there is a question as to safety of any aerial filming sequence involving low camera shots 

near cast or crew members an additional briefing and/or Safety Meeting shall be held 

between the Pilot/Remote Control Operator in Command and concerned persons. 

12) The Pilot/Remote Control Operator in Command shall be notified by the appropriate

department head, if any equipment is added and/or altered that may present a potential hazard 

for the aircraft. 

13) Unless directed by the Pilot/Remote Control Operator in Command, no person shall 

approach the helicopter without permission, whether running or not.

14. During operation, never walk near the main or tail sections of the rotor blades. All equipment

 (e.g., cameras, lights, sound booms etc.) shall be placed a safe distance away from the

 operating helicopter, whether running or not.

15. The landing area should be cleared of debris. Never, under any circumstance, throw anything

 such as grip tape, clothing, paper, etc. around the helicopter, whether running or not. Loose

 clothing, trash, or anything that may hinder the operation of the helicopter, shall be checked. 

16. Protect your eyes, as well as your equipment, especially when the helicopter is landing or

 taking off. 

17. Appropriate Personal Protective Equipment (PPE) shall be utilized. 

18. The Production Company must notify all cast and crew members this equipment is being used.

 Additionally, the front of the call sheet should contain a statement to the effect that: 

"A remote-controlled helicopter is being used to carry a camera and will be flown in

close proximity to crew and equipment. Anyone objecting will notify the production

manager or 1st AD prior to any filming."