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U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washing ton, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 

2012 and Part 11 of the Federal Aviation Regulations.

December 9, 2015 

Name and Address of Petitioner:

Randall Love Cinematography 

Randall Love, owner 

45 Mitchell Blvd. suite. #11

San Rafael, CA 94903

(415) 492-8815 office 

(415) 516-4830 mobile

randalldp1@gmail.com (email) 

www.randalldp.com (website) 

Dear Sir or Ms, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14

C.F.R. Part 11, Randall Love, the Petitioner, request exemption from the following Federal Aviation

Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace

System.

Regulations from which the exemption is requested:

14CFR 21 H

14 CFR 45.23 (b)

14 CFR 61.113 (A) 7 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b)(2)

14 CFR 91.103 (b)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) & (b)

14 CFR 91.417 (a) & (b)

14 CFR Title 14 Chapter 1 Sub D Part 60 thru 67 - 61.1 to 61.429

The Petitioner wishes to be granted the exemption for use of the UAS of commercial operations list

below.

Applications and Operations:

1. Aerial Cinematography (video)

2. Aerial Photography (stills) 

The Petitioner believes the use of the UAS's is more economical and safer to use for previously 

mentioned purposes. Use of the UAS rather than a manned aircraft is more economical to the 

consumer, and beneficial to the general public due to its small size, low noise and minimal potential for 
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accidents. Additionally, the UAS will have much less of an environmental impact than a larger manned 

aircraft. The UAS will be operated with an equivalent level of safety as manned aircraft due to 

adherence to FAA regulations that will ensure public safety. 

About the Petitioner:

Randall Love Cinematography is headquartered in San Rafael, California and is a company that 

wishes to provide UAS support to both local and national television as well as corporate clients 

via aerial videography and photography. Petitioner intends to operate in a compliant and safe 

environment. Randall Love Cinematography plans on providing a wide range of video services as 

the UAS market expands.

Randall Love Cinematography’s goal is to operate in an accident-free environment by:

• Demonstrating a commitment by the petitioner to operate in a compliant manner.

• Identify hazard and risk while eliminating or controlling all these risks. Petitioner will

intervene and report when unsafe work practices or conditions appear to exist.

• Train all support personal involved in flight operations to perform at the highest level.

Randall Love has been in professional cinematography business for over twenty years and is a 

member of International Cinematographers, a professional organization, which is dedicated to 

furthering professional standards in the field of cinematography. 

Characteristics of the Aircraft:

The UAS to be used is the DJI Phantom 3 Professional which has a small 23.22 inch wingspan and 

ultra-light (payload capacity of .5 pounds) making this platform perfect for precision aerial 

cinematography and photography missions thanks to the on-board GPS and the related flight 

management software (Mission Planner) that allows the operator to plan safely and efficiently a 

mission, and then monitor it in real-time. The onboard camera takes and collects ultra high definition 

video and still images for aerial cinematography (video) and digital still photography. 

The four main characteristics of the DJI Phantom 3 Professional are:

1. Very Light Weight (2.82 pounds) 

The Phantom 3 Professional is so light the operator can launch it by hand and let it land on almost any 

surface without requiring a parachute or landing net. Its low impact energy (in the case of a controlled 

emergency landing) also significantly reduces the risk of hazardous situations.

2. Electric-powered

The DJI Phantom 3 Professional is electric powered. A brushless engine technology makes it silent 

and reliable.

3. Semi-automatic flight

The artificial intelligence incorporated within the Phantom 3 Professional autopilot system continuously 

analyzes data from the onboard GPS and takes care of all aspects of the flight under the supervision 

of the operator.

4. Option for Manual control

Additionally, the DJI Phantom 3 Professional provides an override capacity that allows the operator to 

take manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also 

suspends automated operations and take manual control of the aircraft should it become necessary to 

respond to emergent circumstances, thanks to the remote controller provided with the system.

Description of Proposed Operations:

To assist the FAA in its safety assessment of Randall Love Cinematography’s proposed

UAS operations, below is a summary of operational limitations and conditions that will
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ensure an equivalent or higher level of safety to operations conducted under current

regulatory guidelines:

1. The UAS will weigh less than 55 pounds.

2. Flights will be operated within line of sight of the PIC and visual observer.

3. Maximum total flight time for each operational flight will be limited to the amount of

time the UAS can be flown and still maintain a reserve battery power of no less than

30%.

4. Flights will be operated at an altitude of no more than 200 feet AGL.

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited

structures, buildings, vehicles, vessels, people not associated with the operation or who

have not signed a waiver in advance of the operation.

6. Minimum crew for each operation will consist of the UAS PIC and a Visual

Observer.

7. The UAS PIC will be the petitioner Randall B. Love.

8. Randall Love Cinematography will designate a Pilot in Command ("PIC") for each

mission.

9. The UAS will operate only within a confined safe and uncongested area.

10. Prior to the operations at a particular location, a site inspection will be conducted.

On the day of the mission the management person with operational control and the PIC will

concur on performing the mission after reviewing all safety issue compliance.

11. Prior to initiating each mission a briefing will be conducted in regard to the planned

UAS operations. It will be mandatory that all personnel who will be performing duties

within the boundaries of the safe and uncongested area be present for this briefing.

12. Randall Love Cinematography’s crew will use a safety and airworthiness checklist.

13. The UAS will be maintained in compliance with the manufacturer’s guidelines.

14. In the event of an accident involving a Randall Love Cinematography UAS,

Petitioner will cease operations and report the accident to the NTSB and AFS-80.

15. PIC and VO will at all times be able to communicate by voice.

16. PIC, VO, and Operational Personnel will have been trained and

tested by the petitioners.

17. All required permissions and permits would be obtained in advance from territorial,

state, county or city jurisdictions, including local law enforcement, fire or other appropriate

governmental agencies.

18. In compliance with approved exemption, Randall Love Cinematography 

management will submit a written “Plan of Activities” to the local Flight Standards

District Office (FSDO) having jurisdiction over the area of proposed filming three days in

advanced of operations during film or movie productions.

19. If the UAS loses communications signal, the UAS will have the capability to return

to a pre-determined location within the safe and uncongested area.

20. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the pilot and the observer.

21. The UAS has the capability to abort a flight in case of unpredicted obstacles or

emergencies.

22.Randall Love Cinematography will assure no individuals’ privacy is violated.

Equivalent Level of Safety:

Compared to flight of normal aircraft, Randall Love Cinematography’s multi-rotor

aircraft weigh less than 55 pounds, and given the lack of flammable fuel, any risk

associated with these operations is far less than those that presently exist with

conventional aircraft. An equivalent level of safety will be achieved given the size,

weight, and speed of the UAS, as well as the location where it is operated. As set forth

in the Operations Manual, the UAS will be operated in a safe and uncongested area,

where buildings and people will not be exposed to operations without their pre-obtained

consent. Because of the advance notice to the property owners and participants, all
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affected individuals will be well aware of the planned flight operations.

Furthermore, by operating at such lower altitudes, the UAS will not interfere with

aircraft that are subject to the minimum safe altitude regulations. Finally, the successful

safety record of the DJI UAS’s demonstrates that the UAS can be safely used at

these lower altitudes and closer operating environments.

Aerial Cinematography for Television, Film and Corporate:

Whether the shot requires unique views and expansive panning or extreme altitude with

radical views, the UAS is designed to hold up under demanding conditions. Because of

the autopilot feature with pre-designed mission management and R/C control interrupt,

the pilot and camera operator can easily create the ultimate shot with HD video or HD

still photos. When working close in on a closed set the hazards to the actors are greatly

reduced due to the size of the UAS.

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation 

Regulations:

The Petitioner requests an exemption from the following regulations as well as any additional

Regulations that may technically apply to the operation of UAS's:

14 CFR 21 H: Airworthiness Certificates

Certification Procedures for Products and Parts

Reason for Exception:

It has been determined that similar UAS's do not require an airworthiness certificate as granted in

Exemption No. 11623, 11650, 11664 and 11734.

14 CFR 45.23 (b): Marking of the Aircraft

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station.

Reason for Exception:

Even though the UAS will have no airworthiness certificate, an exemption may be needed, as the 

UAS will have not entrance to the cabin, cockpit or pilot station on which the work 

"EXPERIMENTAL" can be placed. Given the size of the UAS, two-inch lettering will be 

impossible. The word "EXPERIMENTAL" will be placed on the fuselage in compliance with 45.29 

(f). The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 

8738, 10167 and 10167A.

14 CFR 61.113 (A) 7 {b): Private Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person: (1) has a pilot certificate or special purpose 

authorization issued under this part in that person's physical possession or readily accessible. (2) 

The flight is only incidental to that business or employment. (3) The aircraft does not carry 

passengers or property for compensation or hire.

Reason for Exception:

The Petitioner will follow all manufacturers' training program and safety manual. I also believe 

these requirements are unnecessary for pilot controlled drone flight. Additionally, current FAA 

proposals have omitted this as a future requirement for small UAS's.

14 CFR 91.7 (a): Civil Aircraft Airworthiness

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy

condition.
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Reason for Exception:

It has been determined that similar UAS's do not require an airworthiness certificate, however the

Petitioner will ensure airworthiness through the combined use of the manufacture's Operations 

Manual and Preflight Checks. 

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to this

requirement since the aircraft is not only too small to carry documentation; the documentation would

not be available to the crew.

Reason for Exception:

The equivalent level of safety will be maintained by keeping the flight manual at the ground control

point where the pilot flying the UAS will have immediate access to it. The FSS has issued the following

exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few.

14 CFR 91.103 (b): Preflight Instruction

This regulation requires each pilot in commend to take certain actions before flight to insure the safety

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption

will be needed. 

Reason for Exemption:

The petitioner will take all actions including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data before initiation of flight

in addition to following preflight checklist from the aircraft manufacturer DJI. 

14 CFR 91.109: Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

Reason for Exception: 

UAS's and remotely piloted aircraft, by their design so not have fully functional dual controls. Flight

control is accomplished through the use of a control box that communicates with the aircraft via radio

communications. The FAA has approved exemptions for flight training without fully functional dual

controls for a number of aircraft and for flight instruction in experimental aircraft. See exemption Nos.

5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passenger

will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than

500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum 

of 200 feet AGL, we cannot comply with this requirement.

Reason for Exception:

The use of UAS will be flown no higher than 200 feet AGL in LOS over developed and developing

residential areas that may be considered congested areas. That will not always be the case when

providing an aerial cinematography or photography flight due to the nature of some assignments. In 

the case of flying over or near existing private property while providing aerial cinematography and 

photography, landowners will be notified in person by the Petitioner, or by a card left behind by the 

Petitioner if requested. The Petitioner will review with the landowners of associated risks to people and 

property. Due to the small size of the UAS the associated risk to persons, vessels, vehicles and 

structures is not comparable to manned aircraft and should be taken into consideration.

14 CFR 91.121: Altimeter Settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below

18,000 feet MSL.

Reason for Exception: 

Most UAS do not have a barometric altimeter. It does have a GPS that will calculate altitude. The

Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 11623,

11664, and 11734.
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14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions

Fuel requirements for flight in VFR conditions: (a) No person may begin a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed. (1) During the day, to fly after

that for at least 30 minutes.

Reason for Exception: 

The UAS provides a low battery warning to indicate when you should return the UAS to the launch 

point. In addition, a "low" and "critical" battery level warnings and implemented a "return to Home" (or 

"Go land") action in these situations. The Petitioner will not initiate a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising speed to the intended

landing point and all flights will be conducted with VLOS (Visual Line of Sight) rules in effect, and at 

times not to be a nuisance to others.

14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current

Airworthiness certificate.

• No person may operate a civil aircraft unless the airworthiness certificate required

by paragraph (a) of this section or a special flight authorization issued under 19.715

is displayed at the cabin or cockpit entrance so that it is legible to passengers or

crew.

Reason for Exception: 

To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be housed at 

a ground control point where the pilot is flying the UAS for immediate access to the extent they are

applicable to the UAS's. In doing some research the FAA has issued numerous exemptions to this

regulation.

14 CFR 91.405 (a): Maintenance Inspections

Each owner or operator of an aircraft- (a) shall have that aircraft inspected as prescribed in Subpart E 

of this part and shall between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter.

Reason for Exception:

The Petitioner shall inspect the aircraft prior to every flight. The Petitioner also will follow the

manufacturer's recommended preflight checklist and make any repair necessary before flights occur.

The Petitioner will also maintain a log of any maintenance or repairs performed.

14 CFR 91.407 {a) {1): Maintenance

Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person may

operate any aircraft that has under gone maintenance, preventative maintenance, rebuilding, or

alteration unless (1) it has been approved for return to service by a person authorized under 43.7 of 

this chapter.

Reason for Exception:

The Petitioner who has the responsibility for the operation and safety of the UAS will use only

Manufacturers approved replacement parts.

14 FR 91.409 (a){l) & (2): Inspections

Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft

unless, within the preceding 12 calendar months, it has had (1) an annual inspection in accordance 

with part 43 of this chapter and has been approved for return to service by a person authorized by 43.7 

of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with 

part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted 

for any inspection required by this paragraph unless it is performed by a person authorized to perform

annual inspections and is entered as an "annual" inspection in the required maintenance records.

Reason for Exception:

The Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for safe

flight at all times.
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14 CFR 91.417 (a) & (b): Maintenance Records

Except for work performed in accordance with 91.411 and 91.413 each registered owner or operator

shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph 

(b) of this section: ( 1) (2) (3)

Reason for Exception:

The Petitioner will keep a record of all repairs and modifications. The Petitioner also proclaims to use

approved manufactured parts for all repairs and modifications.

14CFR Title 14 Chapter 1 Subchapter D Parts 60 thru 67-61.1 to 61.429: Pilot Certification

This section pertains to flight rules, pilot certificate requirements, manuals, etc.

Reason for Exception:

The Petitioner believes that these requirements are unnecessary for pilot controlled drone flights and

current FSS proposals have omitted this as a future requirement for small UAS's.

In Conclusion:

Approval of this exemption request allows Randall Love Cinematography to conduct

commercial operations with small and lightweight unmanned aerial systems. Randall Love 

Cinematography’s vision is to enhance safety of UAS operations in the NAS

while reducing risk to the general public and property owners.

The DJI Phantom 3 Professional UAS’s, weighing less than 55 pounds and powered by batteries, 

eliminates virtually all of the risk given the reduced mass and lack of combustible fuel carried 

onboard. The UAS is transported to the designated mission area and set up there. The

UAS will carry no passengers or crew and, therefore, will not expose them to the risks

associated with manned aircraft flights. The operation of this small UAS will provide an

equivalent level of safety, supporting the grant of the exemptions requested herein,

including exempting the applicant form the requirements of several regulations and

allowing commercial operations. These lightweight UAS's operate at slow speeds,

close to the ground and in a safe and uncongested environment. As a result, they are

far safer than conventional aerial survey and inspection operations conducted with fixed

wing aircraft or helicopters.

I, Randall Love, the Petitioner request for exemption from the above mentioned Federal Aviation

Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace

System in order to perform the Applications and Operations pertaining to cinematography (video) and 

still photography (digital) in a safe and controlled environment. The Petitioner hopes for a timely 

consideration by your agency, as I have made a considerable investment in time and finances on this 

project. Please contact me with any questions you may have regarding my Request for Exemption. 

Sincerely,

Randall Love (via electronic signature) 

Randall Love Cinematography

Randall Love, owner 

45 Mitchell Blvd. ste. #11

San Rafael, CA 

(415) 492-8815 office 

(415) 516-4830 mobile

randalldp1@gmail.com

www.randalldp.com (website)
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