16303 Waterman Drive, Van Nuys, CA 91406 September 29, 2014

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request P ursuant to Section 333 of the FAA Reform Act and Part 11 of

the Federal Aviation Regulations from : 14 CFR 61.113(a) and (b); 91.103 ; 91.119 (c) ;

91.121; 91.151(a); 91.405(a); 91.407(a) (1); 91.409 (a) (1) an d (2); 91.417 ( a) and (b).

Dear Sir or Madam:

Pursu ant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “ Reform Act ” )

and 14 C.F.R. Part 11, Shotover Camera Systems

, L.P. ( “ Shotover ” ) an operator of Unmanned

Aircraft Systems (“ UASs”) for aerial photography for the motion picture and television industry,

hereby applie s for an exemption from the Federal Aviation Regulations (“FARs”) to allow

commercial operation of its UASs

.

On or about September 25, 2014, the FAA granted exemptions to six UAS operator s, including

Astraeus Aerial ( the “ Astraeus Exemption”). As set forth in Shotover ’s Flight Operations and

Procedures Manual (the “FOPM”) and Motion Pict ure Television Operations Manual ( both

submitted under separate ly under 14 CFR 11.35(b) )

, Shotover will adhere to the terms of the

Astraeus Exemption

.

Shotover ’s requested exemption would permit the operation of small

, unmanned UAS under

controlled and “sterile” conditions in motion picture and television airspace that is : (i) limited

, (ii)

predetermined

, (iii) subject to controlled access

, and ( iv ) provide greater safet y i n connection with

aircraft operations in the film and television industry. As established by the e xemptions already

granted by the FAA, a pproval of Shotover ’s exemption would enhance safety and fulfill the

Secretary of Transportation’s (the FAA Administrato r’s) responsibilities to “...establish

requirements for the safe operation of such aircraft systems in the national airspace system.”

Section 333(c) of the Reform Act.U.S. DOT

September 29, 2014

Page 2

16303 Waterman Dr ive, Van Nuys, CA 91406 The name and address of the applicant is:

Shotover Camera Systems., L.P.

Attn: Alan D. Purwin

. ; Ph: 818

- 398

- 0757

Email: apurwin @helinet.com

Address: 16303 Waterman Drive, Van Nuys, CA 91406

Regulations from which the exemption i s requested:

14 CFR 61.113(a) and (b)

14 C.F.R. 91.103

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417(a) and (b)

UASs operated by Shotover weigh less than 55 pounds, including the payload (i.e. camera,

lens, and gimbal)

. They operate at speed s of no more than 50 knots , can hover, and can

simultaneously move vertical ly and horizontal ly

. Shotover will only operate its UASs in line of sight

and will operate only within the sterile area described in the FOPM

. Such operations will insure that

the UAS will “not create a hazard to users of the national airspace system or the public .”

Given the small size of Shotover ’s UASs and the restricted sterile environment within which

they will operate, Shotover ’s UAS operations adhere to the Reform Act’s safety requirements

. Additionally, due to the size of the UASs and the limited areas in wh ich they will operate,

approval of th is application presents no national security issue s

. Bas ed on the s ubstantial level

of safety surrounding the proposed operations, and the significant public benefit ( enhanced

safety )

, reduction in environmental impacts ( reduced emissions and noise)

, the grant of the

requested exemption is in the public interest. Accordingly, Shotover respectfully requests that the

FAA grant the requested exemption without delay.

Aircraft And Equivalent Level Of Safety

The operating limi tations propose d by Shotover provide for at least an equivalent or higher

level of safety because operation s further enhance safety of movie and television filming using

conventional aircraft.

As set forth in the FOPM , the limitations and conditio ns include :

• The UAS s will weigh less than 55 pounds

• Flights will be operated within line of sight of a pilot and/or observer.U.S. DOT

September 29, 2014

Page 3

16303 Waterman Dr ive, Van Nuys, CA 91406 • Maximum flight time for each operational flight will be 30 minutes. Flights will be

terminated at 25% battery power reserve should that occ ur prior to the 30

minute limit.

• Flights will be operated at an altitude of no more than 400 feet AGL

, and not more

than 200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the UAS Pilot, the V isual Observer,

and the Camera Operator.

• A UAS pilot will be an FAA licensed airman with at least a private pilot’s certificate

and third class medical.

• A UAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than

the UAS Pilot, w ho possess es the necessary PIC qualifications, is also present on

set (i.e. the Aerial Coordinator), that person can also be designated as PIC.

• The UAS will only operate within a confined “Sterile Area” as defined in the FOPM

.

• The FOPM require s the establi shment of a “Security Perimeter” for the flight

operations area.

• A briefing will be conducted for planned UAS operations prior to eac h day’s flight

. A ll personnel performing duties within the boundaries of the safety perimeter are

required to attend

.

• The o perator will file a FAA Form 7711

- 1, or its equivalent, as modified in light of

the requested exemption, with the appropriate Flight Standards District Office

(”FSDO”)

.

• The operator will obtain consent of all persons involved in the filming and ensure

that only consenting persons will be allowed within 100 feet of the flight

operation . This radius may be reduced to 30 feet based upon an equivalent level

of safety determination, as required under the FOPM

. With the advanced

permission of the FSDO, operation s at closer range can be approved.

• The operator will submit a written Plan of Activities to the FSDO three days

before the proposed shoot as required in the FOPM

.

• The Pilot and observer must be trained in UAS operation s and have received

current informatio n on the particular UAS to be operated as required by the

FOPM

.

• The Observer and pilot will at all times be able to communicate by voice and/or text.

• Written and/or oral permission from the relevant property holders will be obtained.

• All required permissio ns and permits will be obtained from territorial, state, county

,

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

governmental agencies.

• If the UAS loses communications or loses its GPS signal, the UAS will have the

capabi lity to return to a pre

- determined location within the Security Perimeter

and land.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.U.S. DOT

September 29, 2014

Page 4

16303 Waterman Dr ive, Van Nuys, CA 91406 14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations : Pilot in Command

Sections 61.113 (a ) and (b) limit private pilots to non

- commercial operations

. Because the

UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent

level of safety of current operations by requiring t he PIC operating the aircraft to have a private

pilot’s license rather than a commercial pilot’s license to operate a small UAS. Unlike a

conventional manned aircraft, a UAS is remotely controlled by a ground

- based operator

. The

operation al area is control led and restricted, and all flights are planned and coordinated in

advance. The level of safety exceeds that provided by a single individual holding a commercial

pilot’s certificate operating a conventional aircraft. The risks associated with the use of a UAS

are so diminished from the level of risk associated with commercial operations contemplated

by Part 61 allowin g UAS use by a private pilot as the PIC exceeds the present level of safety

sought by 14 C.F.R. §61.113 (a) and (b).

14 C.F.R. § 91.103: Pref light A ction

Section 91.103 requires each pilo t to preflight an aircraft before flight to insure the safety of

flight. As FAA approved rotorcraft flight manuals will not be used

, an exemption is requested

. However, a n equivalent level of safety will be pr ovided

. The PIC will take all actions

, including

reviewing weather, flight battery requirements, landing and takeoff distances

, and aircraft

performance data before commencement of flight.

14 C.F.R. §91.119 (c) : Minimum S afe A ltitudes

Section 91.119 esta blishes safe altitudes for operation of civil aircraft. Section 91.119 provides , in

pertinent part, that :

“ except when necessary for takeoff or landing, no perso n m ay operate an aircraft below the

following altitudes: .....

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over

open water or sparsely populated areas. In those cases, the aircraft may not be operated

closer than 500 feet to any person, vessel, vehicle, or structure.”

Because Shotover requests authority to operate at altitudes only up to 400 AGL, and not more

than 200 above an elevated platform fro m which filming is planned, an exemption is needed to allow

such operations. Except for the limited conditions stated in the FOPM

, the UAS will never operate

hig her than 400 AGL. It will

, however

, be operated in a restricted area with in a security perimete r,

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

- obtained consent.

The equivalent level of safety will be achieved given the si ze, weight, and speed of the UA S as

well as the location where it is operated. No flight will be taken without the permission of property

owner s or local officials. Because of the advance notice to the property owner s and participants in

the filming acti vity, all affected individuals will be informed of the planned flight operations.

Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associatedU.S. DOT

September 29, 2014

Page 5

16303 Waterman Dr ive, Van Nuys, CA 91406 with the proposed UAS operations is far less than conventional aircraft operating at or below 500

AGL

. In addition, the low

- altitude operations of the UAS will ensure separation between a UAS and

conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate

altimeter setting available before departure.” As a UAS may not have a barometric altimeter, but

instead a GPS altitude data

, an exem ption is needed. An equivalent level of safety will be achieved

by the operator, pursuant to the FOPM and Safety Check list, confirming t he altitude of the launch

site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirem ents for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “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 l anding, and, assuming normal cruising speed

– (1) During the day, to fly

after that for at least 30 minutes . . . .”

The battery powering the Shotover UAS s provides approximately 40 minutes of powered flight.

T o meet the 30

- minute reserve requirement in 14 CFR §91.151, UAS flights will be limited to

approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and its

proposed operations within a predetermined location

, a longer time frame for flight in daylight VFR

conditions is reasonable. Furthermore, o perating the UAS s in a tightly controlled area where only

people

, property owners

, or official representatives who have signed waivers wi ll be allowed, less

than 30 minutes of reserve fue l does not engender the type of risk th at § 91.151 (a) was intended to

address.

Shotover believes that safety can be achieved by limiting flights to 30 minutes or 25% of

battery power

, whichever occurs first. This restriction would be more than adequate to return the

UAS to its p re

- determined lan ding zone from anywhere in its limit ed operating area.

Shotover is not seeking an exemption for night

- time UAS operations.

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

These regulations require that an aircraft op erator or owner 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... ,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section s and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to Shotover operations

. Maintenance will be accomp lished by the

operator. An equivalent level of safety will be achieved because the UASs are limited in size

, willU.S. DOT

September 29, 2014

Page 6

16303 Waterman Dr ive, Van Nuys, CA 91406 carry a small payload and operate only in restricted areas for limited periods of time. If mechanical

issues arise

, the UAS can land immediat ely an d will be operating from no higher than 400 feet AGL.

As provided in the FOPM

, the operator wil l ensure that the UAS is in working order prior to flight,

perform any required maintenance, and keep a log of any maintenance performed. Moreover, the

op erator is the person most familiar with the UAS and best suited to maintain it in an airworthy

condition.

Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal

Register, should it be deter mined that publication is needed:

Shotover seeks an exemption from the following rules:

14 C.F.R. §§ 61.113(a) and (b); 91.103 ; 91.119 (c) ; 91.121; 91.151(a); 91.405(a);

91.407 (a) (1); 91.409 (a) (2); and 91.417(a) and (b) to operate commercially a small

unman ned vehicle (55 pounds or less) in motion picture and television operations.

As established by the UAS exemptions already granted by the FAA, allowing commercial

operations of UASs in the film industry will enhance safety by reducing risk. Conventional f ilm

operations, using turbine aircraft, operate at low altitudes and present the risks associated with

aircraft that weigh around 4,000 pounds

, and which carry large amounts of J et A fuel

. Such

aircraft must also fly to and from the film location. In con trast, a UAS weighing fewer than 55

pounds and powered by batteries eliminates virtually all of that risk given the small size and lack

of combustible fuel. The UAS is carried , and not flown, to a film se t. In this regard, t he UAS carr ies

no passengers or crew and, therefore, will not expose them to the risks associated with manned

flights.

The operation of UASs conducted in the stri ct conditions outlined in the FOPM will provide an

equivalent level of safety supporting the grant of the exemption requested herein

. The UASs

operate at slow speeds, close to the ground, and in a sterile environment . A s a result, they are far

safer than conventional operations conducted with turbine helicopters flying near the ground a nd

people.

Privacy

All flights will occu r over private or controlled access areas with the proper ty owner’s prior

consent and knowledge. Filming will be only of people who have given their consent or

otherwise have agreed to be in the area where filming will take place.

Satisfaction of the cri teria provided in Section 333 of the Reform Act of 2012 ( size, weight,

speed, operating capabilities, proximity to airports and populated areas and operati on w ithin

visual line of sight and national security ) provide more than adequate justification to gra nt

Shotover s requested exemption

, allowing for Shotover ’s UAS commercial operations for the

motion picture and television industry pursuant to the FOPM included herewith

.U.S. DOT

September 29, 2014

Page 7

16303 Waterman Dr ive, Van Nuys, CA 91406 If you have any questions or need any additional information, please contact the undersi gned

at 818

- 398

- 0757 or at apurwin@helinet.com

.

Sincerely yours,

Alan D. Purwin

Director

Shotover Camera Systems, L.P.