Vil ematic Inc.

Matt Alward Esq.

Registered Agent – Villematic Incorporated

200 Meridian Ave

Louisville, Kentucky 40207

(p) 901.503.8747

(e) villematic.inc@gmail.com

December 31, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of FAA Reform Act and Title 14, Code of Federal

Regulations

(14CFR): §§ 61.113 (a) and (b); 91.119; 91.121; 91.151(a); 91.405(a); 91.407(a)(1);

91.409(a)(2); and 91.417(a) & (b).

Dear Sir or Madam:

Pursuant to 14 CFR part 11 and Section 333 of the FAA Modernization and Reform Act of 2012

(“the FMRA”), Villematic Inc. (referred to herein as “Applicant”), developer, operator, servicer,

authorized dealer, and solicitor of small Unmanned Aircraft Systems (“sUAS”) equipped to

conduct aerial cinematography operations on behalf of businesses operating in markets

including insurance, real estate, legal, agriculture, transportation, infrastructure, motion picture,

technology, government, and private security, hereby applies for an exemption from the

enumerated Federal Aviation Regulations in order to allow commercial operation of its sUAS, so

long as such operations are conducted within and under the conditions stipulated herein or as

may be established by the FAA as required by Section 333. Villematic Incorporated seeks the

exemption to retain permitted operations of sUAS exist under controlled conditions in airspace

which; (1) provide safety enhancements to the already safe businesses presently using the

conventional aircraft, and; (2) thereby limits, controls, and predetermines access to the sUAS.

Applicant’s Information:

Villematic Incorporated

Attn: Matt Alward

200 Meridian Ave

Louisville, KY 40207

901.503.8747

villematic.inc@gmail.com
Table of Regulations in the Petition

14 CFR § 61.113(a), (b); 14 CFR § 91.119; 14 CFR § 91.121; 14 CFR § 91.151(a); 14 CFR §

91.405(a); 14 CFR § 91.407(a)(1); 14 CFR § 91.409(a)(2); 14 CFR § 91.417(a), (b).

The petition for exemption is expressly submitted to fulfill the legislative intent of Section 333 (a)

through (c) of the FMRA. The FMRA directs the Secretary of Transportation to consider the

issue of UAS operations with respect to the National Airspace System (NAS) prior to the

maturation of the pending rulemaking required under Section 332 of the FMRA. In resolving this

issue, the Secretary must determine the type of sUAS which do not create a hazard to users of

the NAS or public or pose a threat to national security. Such hazardous sUAS’s are determined

based on the size, weight, speed, operational capability, proximity with respect to airports, and

the operation of the sUAS within the visual line of sight (VLOS) of the operator(s) or spotter(s)

partied to the sUAS operations.

Upon determining such vehicles operate safely, the Secretary establishes requirements for the

safe operation of such aircraft in the NAS. FRCA §333(a), (c). However, the Federal Aviation

Act grants an express authority to the FAA to issue exemptions. The federal statutory authority

on its face included the exempting of civil aircraft (defined under § 40101 of the act), which in

turn includes sUAS, as per the requirement of all civil aircraft to retain an airworthiness

certificate.

An exemption may be granted under subsection (a) or (b) of the aforementioned section, or any

section 44701­44716 of this title if the Administrator finds the exemption in the public interest.

49 U.S.C.A. § 44701 (West 2015). See also U.S.C.A § 44711(a) (West 2015); 49

U.S.C.A. § 44704 (West 2015) and; 14 CFR § 91.203(a)(1) (West 2015).

Villematic Inc. seeks to use rotorcrafts that do not exceed 55 pounds (including

payload). The rotorcraft operates at an airspeed not in excess of 55 knots. The rotorcraft

will be operated within the VLOS of the operator and/or spotter at all times while

remaining in a secure area, which ensures that the sUAS does not create a hazard to

users of the NAS or the public at large. FMRA § 333(b) (West 2015). Villematic Inc.

intention is secure environment operations and due to the size of the aircraft provides

the “zone of safety” which manifests the intentions expressed by Congress when

enacting FMRA. Id. In addition, with respect to the size and intended use of the sUAS

on behalf of the applicant, Villematic Inc. within secure environments, approval of the

application presents no issue of national security. Here, given the express direction of

Section 333 of the FRMA, and under the authority of the FAA as amended, the secure

flight operations of the proposed aerial photography/filming operations, it stands to

reason that public benefit vis­à­vis enhanced safety, positive environmental impacts

(reduced use of larger manned aircraft), and positive economic impacts support

granting of the requested exemption in the interest of the public. As a result of the

aforementioned, the FAA should by exemption allow Villematic Inc.’s commercial
operations of sUAS to commence immediately. Therefore, Villematic Inc.,

respectfully requests the FAA grant the requested exemption with haste.

Specific Relief Requested by Villematic Inc.;

1. Private Pilot Operations under 14 CFR § 61.113(a) and (b)

14 CFR section 61.113(a) and (b) provide limits upon private pilot non­commercial operations.

14 CFR § 61.113(a), (b) (West 2015). Distinguishable from a conventional manned aircraft,

which carries a pilot and passengers, the sUAS is operated remotely. Here, the sUAS will not

carry any persons (pilot or passenger), and the proposed operations can thereby achieve the

requisite equivalent level of safety of current flight operations. That is to say, the operations of

the sUAS will be controlled and restricted as all flights will be planned and coordinated prior to

commencing operations. Thus, the level of control and restriction exceed the requirements by a

commercial pilot operating a conventional aircraft. In addition, the level of restriction

aforementioned will so diminish the risk associated with commercial operations contemplated

when part 61 was drafted that allowing the operation as requested clearly exceeds the levels of

safety achieved by 14 CFR § 61.113(a) and (b).

2. Minimum Safe Altitudes under 14 CFR § 91.119

14 CFR section 91.119 prescribes safe altitudes for civil aircraft operations. 14 CFR § 91.119

(West 2015). Section 91.119 permits helicopter operations in lower altitudes on the condition

that the helicopter operator complies with the FAA’s relative route and altitude instructions.

Here, the request is for sUAS rotorcraft operations below 400 feet above ground level or for

filming operations no more than 200 feet above any platform which filming is planned, as an

exemption may be necessary for such operations. As set forth herein, Villematic Inc., applicant,

will not operate sUAS in excess of 400 feet at any time. As previously mentioned, and

equivalent level of safety as intended by congress will be achieved due to the size, weight, and

speed of the sUAS in addition to the locations where the sUAS will be operated. No flight will

occur without the consent of the property owner(s) and local official(s). Thus, with the consent of

the property owner and notice to the participants to the aerial photography all affected

individuals will be aware of the planned sUAS operations. Moreover, the lacks of flammable

fuel, the nominal size of the sUAS, are significantly less than any associated risk with the

operation of manned aircrafts at or below 400 feet above ground level.

3. Altimeter Settings under 14 CFR § 91.121

The sUAS in operation does not have a barometric altimeter, but instead functions with Global

Positioning Satellite altitude data readouts an exemption to 14 CFR section 91.121 may be

necessary. In pertinent part, “... to the elevation of departure airport or an appropriate altimeter

setting available before the departure”, requires each operator to maintain cruising altitude by

virtue of an altimeter that is fixed. 14 CFR § 91.121 (West 2015). Here, the level of safety will

most likely exceed the level of safety by confirming the altitude of the launch site shown on the

GPS readouts prior to any flight operations.
4. ​Fuel Requirements for Flight in Visual Flight Rules Conditions under 14 CFR § 91.151 (a)

Villematic Inc. seeks an exemption for under 14 CFR section 91.151 (a). Aircrafts are required to

retain a 30 minute fuel reserve as per 14 CFR section 91.151. 14 CFR § 91.151 (a) (West 2015).

However, the batteries powering Villematic Inc.’s sUAS(s) provide approximately 45 minutes of flight

time. Therefore in order to meet the requirements set forth under section 91.151(a) the sUAS flights

would be limited to roughly 15 minutes. Villematic Inc. respectfully asserts an exemption from 14 CFR

section 91.151 (a) is reasonable as an exemption falls within the scope of previously approved

exemption petitions. See FAA Exemptions 10673, 268F, 5745, 10808, and 11633. Limiting sUAS flights

to approximately 15 minutes would greatly reduce the utility for the aerial cinematography for which

the exemption is sought. Thus, applicant asserts an equivalent level of safety can be achieved by

limiting flights to 30 minutes or 20 percent of battery power. This restriction provide adequate time to

return the sUAS to a planned landing zone within the sUAS secure operating area. Thus, as per the

aforementioned previously approved exemptions the applicant seeks similar exempt status from 14

CFR section 91.151 (a).

5. ​Maintenance Inspections under 14 CFR § 91.405(a); § 91.409(a)(2); § 91.417(a) and (b)

The enumerated sections and part 43 apply to aircraft with airworthiness certificates, and therefore

these sections will not apply to the applicant. Moreover, the performance of any requisite

maintenance will be conducted and logged to ensure that the sUAS remains in working order prior to

any flight operations. The maintenance logs will be available to the FAA upon request.

Terms and Conditions to which Villematic Incorporated agrees to be bound during any and all

commercial operations of Small Unmanned Aerial Systems

1. All aircraft operated in accordance with this exemption will be identified by serial

number, identification number (N‐Number) markings in accordance with 14 CFR part 45, and

registered in accordance with 14 CFR part 47. The sUAS will not at any time exceed a weight of

55 pounds or a speed of 55 knots. The sUAS will be programed to return to a predetermined

landing location in the event that manual control is lost. No sUAS operation will exceed thirty

minutes of flight time or fifteen percent of total battery power remaining, whichever occurs

first.

2. No sUAS operations will be conducted at night as required by 14 CFR section 1.1 and

all operations will be conducted under weather conditions which are conducive to the visual

line of sight requirements of safe flight operations.

3. The operations authorized by this grant of exemption are limited to the following

aircraft: DJI Inspire 1 and DJI s1000. Villematic Inc. will provide serial numbers and registration

or proof of non‐registration (brand new aircraft) of all sUAS upon request by the FAA.

4. All flight manuals and general operating manuals will be maintained by Villematic Inc.

and will be made available to the FAA upon request. Villematic Inc. will follow the procedures

as outlined in the flight manuals and general operating manuals and will track any revisions to

either of the aforementioned documents and present any update or revision if a subsequent

petition for extension or amendment occurs. Moreover, if any discrepancy exists between the

exemption and procedures outlined in the flight manuals and/or general operating manuals,

the conditions herein retain superiority and thereby must be followed.
5. The crew for each commercial operation will consist of a pilot, spotter or visual

observer, and camera operator. The spotter satisfies the visual line of sight requirement at all

times so long as s/he is within the proximate verbal communication vicinity of the pilot.

6. Record of the successful completion of the qualification process detailed in the

general operating manual and administered by Villematic Inc. will be made available for each

member of the crew upon the request of the Administrator. As this is a requirement

promulgated by Villematic Inc. the test is to be administered and implemented by a qualified

person designated at the discretion of Villematic Inc.

7. Prior to commercial sUAS cinematography flight operations a demonstration with

Terms and Conditions to which Villematic Incorporated agrees to be bound during any and all

commercial operations of Small Unmanned Aerial Systems

1. All aircraft operated in accordance with this exemption will be identified by

serial number, identification number (N‐Number) markings in accordance with 14 CFR

part 45, and registered in accordance with 14 CFR part 47. The sUAS will not at any

time exceed a weight of 55 pounds or a speed of 55 knots. The sUAS will be

programed to return to a predetermined landing location in the event that manual

control is lost. No sUAS operation will exceed thirty minutes of flight time or fifteen

percent of total battery power remaining, whichever occurs first.

2. No sUAS operations will be conducted at night as required by 14 CFR section

1.1 and all operations will be conducted under weather conditions which are

conducive to the visual line of sight requirements of safe flight operations.

3. The operations authorized by this grant of exemption are limited to the

following aircraft: DJI Inspire 1, Phantom Professional, and DJI s1000. Villematic Inc.

will provide serial numbers and registration or proof of non‐registration (brand new

aircraft) of all sUAS upon request by the FAA.

4. All flight manuals and general operating manuals will be maintained by

Villematic Inc. and will be made available to the FAA upon request. Villematic Inc. will

follow the procedures as outlined in the flight manuals and general operating manuals

and will track any revisions to either of the aforementioned documents and present

any update or revision if a subsequent petition for extension or amendment occurs.

Moreover, if any discrepancy exists between the exemption and procedures outlined

in the flight manuals and/or general operating manuals, the conditions herein retain

superiority and thereby must be followed.

5. The crew for each commercial operation will consist of a pilot, spotter or

visual observer, and camera operator. The spotter satisfies the visual line of sight

requirement at all times so long as s/he is within the proximate verbal communication

vicinity of the pilot.

8. l be administered by an operator approved and otherwise qualified and thereby

documented. This documentation of the demonstration will be made available to the

Administrator upon request. As no established tests or standards which support the

jurisdictional FAA Flight Standards District Office evaluation with respect sUAS flight

operations for the previously enumerated sUAS(s) Villematic Inc. will conduct these tests in

accordance with the general operating manual.
9. Any and all documents required under 14 CFR sections 91.9, and 91.203 will be

available to the operator at any time during the operations of the aircraft. Moreover, these

documents will be made available to the Administrator or and law enforcement official upon

request.

10. Under the event that the sUAS undergoes any maintenance, repair, or alteration

which affects the flight operations, for example the replacement of a propeller, the entire

sUAS will undergo a functional flight test. The flight test will be conducted in accordance with

the general operating manual. The operator who conducts the results of the flight test in the

sUAS aircraft records.

11. Current maintenance procedures, inspection requirements, and lift limits for the

entirety of the sUAS(s) enumerated herein will be periodically updated and retained on file

with Villematic Inc. and made available to the Administrator upon request.

12. Any technician who is to perform maintenance and/or inspection on the sUAS will

meet all qualification criterions developed by Villematic Inc. with respect to the guidelines set

forth in the general operating manual. Additionally, each sUAS operated under this exemption

will comply with the manufacturer’s promulgated safety guidelines as the general operating

manual provides processes by which to document and record the sUAS maintenance.

13. Prior to each flight, the operator will inspect the sUAS to ensure it is safe for flight

condition. The operator must approve of the aircraft in order for flight operations to ensue. If

the operator finds upon the pre‐flight inspection the sUAS ability to fly safely is compromised

the aircraft is prohibited from operations until necessary maintenance has been performed

and the sUAS is otherwise approved for safe flight operations.

14. The sUAS will be operated in the visual line of sight of the operator, or the spotter

under the instance that virtual reality eyewear is used by the operator so long as the spotter is

within the proximate communication distance of the operator, at all times.

15. All flights will be operated at an altitude of no more than 400 feet above ground level.

All altitudes reported and recorded will be in feet above ground level.

16. The operator will ensure no person(s) in open areas are allowed within 500 feet of the

aircraft except under the circumstances that those persons by either express or implicit

consent to be a party to the cinematography and are deemed necessary for the aerial

cinematographic flight operations. However, if barriers exist between the sUAS operations

and the non‐parties to the flight operations which will sufficiently protect the non‐parties to

the flight operations from any debris in the event of a misfortunate event then the sUAS may

operate closer than 500 feet to persons afforded such protection. If a situation occurs to

which the persons leave such protection of a barrier affording protection and are thereby

within 500 feet, then the operator must either cease flight operations, or move to a safe

distance of 500 feet away from said person immediately.

17. The approval of Flight Standards District Office or aviation‐safety inspector will be

deemed unnecessary with respect to reductions to the distances set forth in the general

operating manual consistent with the manned aircraft procedures promulgated in Federal

Aviation Administration Order 8900.1, V3, C8, S1. However, the sUAS will always yield to the

right of way to all other manned flight operations and aerial activities for example but not

limited to parasailing, parachuting, and etcetera.
18. The sUAS will not operate in a Class B, C, or D airspace without written approval from

the FAA nor will the sUAS operate within five nautical miles of the epicenter of a non‐towered

airport unless otherwise a letter of agreement exists with the airport’s management. If such a

letter manifests, it will be made available to the Administrator upon request.

19. As per the general operating manual the sUAS will only operate within the secured

area(s) which are established by pre‐flight security perimeter(s) conducted and logged before

each flight by the crew. A pre‐flight briefing will establish the secure area, and security

perimeter. Each member of the crew is required to attend this pre‐flight briefing. The logs of

the briefings and security perimeters will be made available to the Administrator upon

request.

20. Any accident will be reported to the National Transportation Safety Board per the

instructions contained at www.ntsb.gov. In the event of an accident and after the report to

the NTSB is submitted further flight operations for the sUAS and crew who were partied to the

accident will be suspended until AFS‐80 authorization to resume operations is provided.

21. Applicant agrees that failure to comply with any of the conditions and limits of this

grant of exemption are grounds for immediate rescission of this exemption.

22. Unless otherwise specified in the grant of this exemption, applicant agrees to comply

with all applicable parts of 14 CFR.

Under 14 CFR part 11, the subsequent summary is provided for publication in the Federal

Register:

Villematic Incorporated seeks an exemption from the following rules Title 14, Code of Federal

Regulations (14CFR): §§ 61.113 (a) and (b); 91.119; 91.121; 91.151(a); 91.405(a); 91.407(a)(1);

91.409(a)(2); and 91.417(a) & (b), and seeks permission to operate sUAS commercially in

cinematographic flight operations.

The approval of exemptions which allow commercial flight operations of sUAS(s) invariably

enhance safety by reducing risks. Traditional aircraft can weigh in excess of 10,000 pounds, use jet

engines for propulsion, and at times operate in close proximity to people and fixed ground

structures. Risks that are present in the traditional operations of manned aircraft include those

associated with large amounts of highly flammable fuel and other flammable liquids. Dissimilarly,

the sUAS weighing less than 55 pounds and operating on battery power eliminates the risks

associated with manned aircraft as the lack of combustible fuel is ever present in sUAS flight

operations. Moreover, sUAS(s) do not carry passengers or a crew and therefore do not expose

people at large to the risks associated with manned aircraft. All flight operations will exist over

controlled access properties with the prior consent of the property owner. All cinematographic

flight operations will be conducted with the consent of the parties to the flight operations and all

flight operations will be in compliance with local and state laws.
The operation of sUAS in accordance with the conditions set forth herein to provide an equivalent

safety level which supports the grants of the exemptions petitioned for herein. The sUAS(s)

Villematic Inc. seeks to use are small, lightweight aircraft, which operate in secure environments,

close to the ground, at relatively slow speeds. All of which as a result suggests that Villematic

Inc.’s operation of sUAS(s) are safer to society than traditional operations conducted with

helicopters or other aircraft. The criteria set forth in Section 333 of the Reform Act have been

satisfied by the applicant’s request. The enumerated conditional flight operations aforementioned

do not create a hazard to users of the national airspace system and do not pose any national

security threats or concerns. Thus, the foregoing meets the criteria necessary for granting the

requested exemptions thereby allowing Villematic Inc.’s commercial operations of sUAS pursuant

to the general operating manual and the aircraft flight manuals attached hereinto.

Respectfully Submitted with Kind Regards,

______________________________________

Matt Alward

Villematic Inc.

200 Meridian Ave

Louisville, KY 40207

901‐503‐8747

villematic.inc@gmail.com