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 Aviati on 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 a n exemption from the Federal Aviation Regulations (“FARs”) listed

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

- 799 9 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 specia lized 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 f unctionally unified with

Baur Films and utilize s 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 o perations shall only be conducted under contract with authorized

clientele and/or government authority when allowed by mandated filming2 

### permits and with the permission of the property owner and always within established operational guidelines.

• Support prov ided 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, w ith 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 represent s over two decades of technical expertise and experience and we are proud of the positive acknowledgement by our film clients

- from mu sic 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 remote

controlled 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 Techni cal Achievement Academy Award©.

In 200 6 , 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 t he 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 w as side

- lined by this ruling for a number of years.

Continuing r equests by various production clients and studios indicate d a strong desire in the industry to pursue UAS as a filming medium. In the years a fter 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 endea vor. 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 LLC3 

### 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 competi tion 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 Gy ro (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

- co ntrol 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 p rojects

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 + projects4 

### S ample Screen Credits :
Commercials:

Aveeno Budweiser Chevron WalMart Ford Motor Company GT Bicycles Hyundai Sub aru 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

Magazi nes/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: “Sp acecamp” “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 fli ght 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 s everal 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 co mply 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 b y 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 “o rientation ” 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 t he capability to monitor functionality and perform maintenance and repair. Our ground stations are always equipped as follows;

• Personnel:

o P ilot in command (PIC) with the responsibility for operational control of the UAV at all times when not on the groun d

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 an d 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

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

rec eive 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

• Vid eo receiver with video monitor for incoming live video feed and pertinent gimbal

- position data displayed for constant monitoring by the Camera

guidance Technician on manually selected channel 1 (5705 MHz), channel 2 (5685 MHz), channel 3 ( 5665 MHz), channe l 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 Photography6 

### • Communications: STX1000 radio tra nsceivers 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 consideratio n 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 sy stems 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 als o 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 shar ed 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 landin g. 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: Wookon g M with GPS , 2.4GHz, 4.4V to 5.5V

• E lectronic gimbal for mounting a variety of cameras and capable of receiving independent movement signals from a secondary ground

based flight controller/transmitter

• An on

- board telemetry system which delivers flight dat a (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

• O n

- board radio transmitter which transmits live video from the camera and flight dat a 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

- boar d 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 ground

based 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 f rom 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 grou nd

based 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 trans mitter

• 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 sing le

- 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 con troller: 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 ground

based flight controller/transmitter8 

### • An on

- board telemetr y 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 vi deo 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 Lightb ridge operating between 2.4

and 2.483 GHz

• Video do wnlink 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 ground

based flight controller/transmitter

• An on

- board telemetry system which delivers flight d ata (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 d ata 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

- boa rd flight computer with GPS navigation and location ability which receives signals from a ground

- based flight

controller/transmitter

• Flight co ntroller: DJI C1 operating between 2.400 and 2.483 GHz

• Video d ownlink operates between 5.725 and 5.825 GHz

• Electro nic gimbal for mounting a variety of cameras and capable of receiving independent movement signals from a secondary ground

based 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 c ontroller9 

### FreeFly ALTA Manufactured by FreeFly , the “ Alta” is a lightweight battery

- operated 6

- m otor rotorcraft capable of vertical takeoff and landing and equipped with the following equipment;

• On

- board flight computer with GPS navigation and locati on 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 ground

base d 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 th e FAA Moderniz ation and Reform Act of 2012 (“R eform 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

Admini strator 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 o peration in close proximity to airpo rts and populated areas

• UAS o peration 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 expl ain 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).

Prop osed 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 fact ors are satisfied.

Compliance with UAS Dimensions and Operational Capability

Cine

- Air LLC/Baur Film s 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 bel ow 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 pre

determined 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 Restr ictions

The “ Procedures and Protocols ” (Appendix A 1) , “Operational Check

- List” (Appendix A2), “Motion Picture Industry Safety Standards” (Appendix A3) and aircraft manufacturer operations manuals (Appendix B1 thru B7) e stablish procedures and

limitations o f 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 Ci ne

- Air LLC/Baur Film s

. 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 i n film production for legal permits and safety (ref: Appendix A3) , th e 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 environment s 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 w ill continue to be best obtained by using

full

- size aircraft. However, b y 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 s afety 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 Summar y 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 Check

List” (App endix A2) and the guidance of the “Motion Picture Safety Guidelines” (Appendix A3) will ensure the UAS is in airworthy condition11 

### based on compliance with the specific operations manual for each model (Appendix B1 ̴ B7)

.

14 C.F.R. § 91.121 Relief is reques ted 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” con trols 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 carr y up to five gallons of combusti ble fuel an d cover much greater distances than the UAS. Due to these facts, and based on the accumulated UAS flight experience and t he licensing and experience in

fixed

- wing and full

- size rotorcraft represented by our pilots, it is submitted they are qualified to ass ume 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 op erations 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).

Essent ially, 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 opera tions. These include p edestrian or

v ehicular 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 fue l levels for VFR conditions” apply to full

size aircraft but do have some correlation to UAS operations. While full

size 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 alternate12 

### 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, a mongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part and shall, between required inspections , e xcept as provided in paragraph (c) of this section, have discrepancies repaired as

prescr ibed in part 43 of this chapter ”.

The se 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 th e 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 operati ons 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 su ch 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 cap abilities, 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 risk s 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 

### Grant ing 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 close

proximity 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 Films14 

# APPEN DIX “A1 ”

SAFETY PROCEDURES AND PROTOCOLS15 

# Cine

-

Air/ Baur Films

UAS Safety Procedures and Protocols

No priority can be higher than public safety. For flight planni ng, t he 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 rel iability, 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” (A ppendix A3). Where mechanical device limitations are largely based on electronic capability and power (fuel or battery), o ur operational range is encompassed within acceptable greater mechanical, power and physical safety margins which include;

• Coordinat e 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 fligh t team must be familiar with flight and emergency procedures

and on

- set protocol before any actual flight operations

• U tilize a minimum three

- man flight team (Pilot, Camera

- guidance T echnician and Flight

C oordinator /Safety O fficer ) and expand as conditions dictate.

• Flight operations personnel maintain continual team communication by radio.

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

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

boa ts 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.

• C onduct 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 producti on c lient must complete a questionnaire and submit a “storyboard” detailing the shots they envision. Pre

- production planning always entails our knowing;

o T ype of film project

o Film format

o When and how many days for aerial filming16 o Film site geographic locatio n

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 storyboar d 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 A ny 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 loc ation 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 B riefing 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 bou ndaries 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 helic opter.

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

members of cast and crew ar e 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 acknowledg e the risk by signing a waiver.

• F ield 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.

• F ly “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 a n absolute ceiling of 400 feet A GL 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 ongoin g development and modification;

o Aircraft component “life span” studies and documentation

o E quipment logs

o Equipment service records

o Pre

- flight plans

o Post

- flight reports18 

# APPENDIX “A2 ”

FLIGHT OPERATIONS CH ECK

- LIST19 

# 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 fro m 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 protection20 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 f light 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 connecti on 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

• Communicati ons 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, loca tions 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 br iefing attendance roster21 Equipment

□ Aircraft “w alk

- 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 an d 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 rang e 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 ac cessible

□ 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 freq uency 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/e ngine 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 / vid eo 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 pos itions

□ 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, fr ame 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 / peo ple / 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

□ Mi nimize 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.

□ K eep 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 withi n 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 peo ple 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 anomalies24 

# APPENDIX “A3 ”

MOTION PICTURE INDUSTRY STANDARDS25 

# 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

Indus try 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 film in g 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) T he 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 operatio n 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 b e 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 e tc., 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 sha ll 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 representa tive 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

coo rdinate 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

betwee n 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 alter ed 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 place d 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 wil l notify the production manager or 1 st AD prior to any filming."