Sep 15 15 10:09a Michele Milton 

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August 211 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

2037407025 

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RE! Exemption Request Under Section 333 of the FAA Reform Act and Part!! of the Federal 

Aviation Regulations. 

Ladies and Gentlemen: 

p.2 

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

and 14 C.F .R. Part 11, Clive Milton Films. {"CMF operator of Small Unmanned Aircraft 

Systems requests an exemption from the Federal Aviation Regulations (''FARs") listed below and 

discussed in Appendix A.l CMF seeks exemption from the specified FARs to allow its use of the 

DJI Phantom 2+ or similar i . .e. DJI Phantom 3,! or similar small UAV n commercial operations/ 

such as video films and observations, so long as such operations are conducted within and under 

the conditions outlined herein or as established by the FAA in an exemption granted under 

either Section 333 or Section 49 U.S.C. § 44701{f). CMF is a leading videography company. CMF 

proposes to use a small, lightweight UAV, DJI Phantom 2+ or similar i.e. DJI Phantom 3-1 

principally for purposes of recording video of rea! estate property and performances by a-ctors 

on outdoor terrain, induding ski slopes and mountain trails. Use of UAVs will permit property 

O'V'ttl..eruc-... JJ.tL~ize t.h..e...u!deru tn..seU their hcm@t; throu~h r@J~ attat@ JC~n-t~nd bro.kcn; .. 

As discussed below, CMF's operations under the exemption will be subject to strict operating 

requirements and conditions to ensure at least an equivalent level of safety to currently: See 

Pub. Law 112-95, 126 Stat. ll, § 333 (2012); 14 C.F.R. Part 11 {2014). 

CMF relies upon the following exemptions where specific reference to an exemption is not 

provided: Exemptionsll062 through 11067, 110801 11109 through 11112, 11114, 11136, and 

11138. Authorized operations using manned aircraft and under conditions as may be modified 

by the FAA as required by Section 333. 

As also detailed below, CMF requests an exemption that would authorize commercial 

operations using the DJr Phantom 2+ or similar i.e. OJI Phantom 3, which with a maximum take 

off weight of less than 10 lbs. is small in size. The DJI Phantom 2+ or similar i.e. DJI Phantom 3, 

will be operated under controlled conditions at low altitude in outdoor settings and in airspace 

th .. t ! .. llmlt ... d h1 '~<cop'i', ;;J!> J~~~;;ribe~ mQr~ fYIIV herein! It Will nave DUtOm~t~d r:nntrnl features, 

"'~ r.fe~'-"rl~~lj hQrtJin. 

L-1 N. B~L.!Il Trss Ret, BrOQKfle!CI, C>l U~~Q4 

Tiil: .:iii:0~-740 7023 Ems.!!il: oHv~.milf:Qn@omQil.com 2 
Sep 15 15 10:10a Michele Milton 

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The name and address of the appli.::ant is: 

Clive Mitton 

Clive Milton Films 

12 N. Beech Tree Rd. 

Brookfield 

2037407025 p.3 

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Tel: 203-740-70.23 

The regulations from which the exemption is requested are as follows: 

14 C.F.R. §11.83 

14 C.F.R. § 61.113(a) & (b}; 

14 C.F.R. § 61.133(a); 

14 C.f.R. § 91.7(a); 

14 C.f.R. § 91.119{c); 

14 C.F.R. § 91.15l{a); 

14 C.F.R. § 91.40S{a); 

14 C.F.R. § 91.407(a)(l); 

14 C.F.R. § 91.409{a)(2}; 

14 CF.R. § 91.417(a) & (b) 

SECTION 333 lEGAL STANDARD 

Grant of this exemption application for use of the DJI Phantom 2+ or similar i.e. DJI Phantom 3, 

for purposes of obtaining and recording video of real estate and actor and non-actor 

performances will advance the Congressional mandate in Section 333 of the Reform Act to 

ac.reJeriltP the...i~:~tmrluction.o.f UAS'i into. the nationi~ Jin;pJco &\'Gtc~ ("NA~") lf s.tJdi irrt-eg~cti~r. 

can be accomplished safely. This statutory provision directs the Secretary of Transportation to 

consider whether certain UAS's may operate safely in the NAS before completion of the 

rulemaking required under Section 332 of the Reform Act. In doing so, the Secretary is required 

to determine which types of UASs do not create a hazard to users of the NAS or the public or 

pes~ a threat to national security in fight of the following; 

• The UAS's size, weight, speed, and operational capability; 

.. Op~r::~tion of the UAS in close proximit:y to airports and populated areas; and 

• Opl'"ri!tlon nf thllil I JA'i within 11im..JIIino nf t:iijhl or Ow upor~tor. 

2'1 N. B~ch Tr~ Rd., BrQQkfi!<i2ld, CT 06804 

Tal: 203-740-7023 Emgl/: cli\/Sil!.rn!ltQntggm=-ril.ciiiilm 

3 
Sep 15 15 10:10a Michele Milton 2037407025 p.4 

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If the Secretary determines that such vehicles "may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system." id. § 333(c) (emphasis added). 4 The Federal Aviation Act expressly 

grants the FAA the authority to issue eKemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act, from the requirement that all civil aircraft must have a current 

airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in 

3 Reform Act§ 333{a)(l). Applicant submits that this provision places a duty on the 

Administrator to not only process applications for exemptions under Section 333, but for the 

Administrator, if he deems the conditions proposed herein require modification in order to 

allow approval, to supply conditions for the safe operation of the UAS. CMF requests the 

opportunity to consult with the FAA staff to address any issues or concerns that they believe 

may require such modifitation. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any of sections 44702-. 44716 of thrs title if the 

Administrator finds the exemption is in the public interest. 49 U.S.C. §44701(f). See a!so 49 U.S. 

C.§ 44711(a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203(aH1). 

The grant of the requested exemption is in the public interest given the dear direction in Section 

333 of the Reform Act; the additional authority in the Federal Aviation Act, as significant public 

benefit arising from the use of new technology to provfde services that are not practical or safe 

to provide using traditional aircraft. Accordingly, the applicant respectfully requests that the 

FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civll aircraft that have the 

characteristics and that operate with the limitations and conditions listed in Appendix C. These 

limitations provide for at least an equivalent or even higher level of safety to operations under 

the current regulatory structure because the proposed operations represent a safety 

enhancement to operations that would be conducted with conventional aircraft. These 

conditions are drawn from Exemptions §11062 through §§11067, 11080, 11109, 11110, 11136, 

11138, 11150, and 11153. 

Z.1 N. Beech Tr~ Rd .. 8r.QQkfietd, CT 08804 4· 

TS!I: 203-740-70?3 Email: clive.miitontalgmQii.CQm 
Sep 15 15 10:10a Michele Milton 2037407025 p.5 

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ADDITIONAL ISSUES 

Privacy. All flights will occur over private or controlled access property with the property 

owner's prior consent and knowledge. Operations will be located in areas where the owners 

have agreed to allow CMF's activities to take place. In addition, members of the general public 

will be alerted to the operation of UAS aircraft at these locations. In filing this application, CMF 

atso requests that the FAA combine the grant of the Section 333 exemption with a stand-alone 

Certificate of Operation ("COA'') that will allow commercial operations of the DJI Phantom 2+ or 

similar i.e. DJI Phantom 3, without the necessity of filing for a COA for each flight. Compliance 

with the conditions agreed to herein and that may be imposed by the FAA, as set forth in prior 

Section 333 exemptions, provide the separation needed from other aircraft. 

National Security. Grant of this exemption will not raise anv national security issues. Given the 

size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives 

or other dangerous materials, the DJI Phantom 2+ or similar i.e. DJI Phantom 3, poses no threat 

to national security. 

CONCLUSION 

CMF seeks an exemption from the FAR's set forth in Appendix A to operate commercially a small 

unmanned vehicle {55 lbs. or less) to obtain video of real estate property and actor or non-actor 

l}erformances. Operations will be in accordance with the limitations and conditions set forth in 

Appendix C. Grant of this exemption for commercial video operations wifl enhance safety by 

reducing risk. 

Using rotor or fixed wing conventional aircraft for this purpose, as has historically been the 

standard method, would require operations at extremely low altitudes, very close to the 

individuals whose activities are being recorded and to other people and structures. Such 

operations present the risks associated with vehicles that weigh in excess of 6,000 lbs. and carry 

large amounts of jet A or other fuel. Such aircraft also must fly to and from the location where 

fitming will take place. 

Use of a UAS weighing fewer than 25 lbs. and powered by batteries eliminates virtually all of the 

risk associated with use of conventional aircraft for this purpose, given that the UAS does not 

use flammable fuel and the much lower mass of the aircraft. In addition, the UAS avoids other 

risks associated with manned flight because it will carry no passengers or crew and ~s carried to 

the target area, rather than being flown to the site. Consequently, the operation of small UASs, 

weighing less than 10 Jbs.1 conducted in the strict conditions outlined in Appendix C1 will provide 

an equivalent level of safety supporting the grant of the exemptions requested herein. 

21 N. Booch Tr~ ~d .• Sr~~t!21d, CT 08804 

T~l: 203-740-702.~ E::rnail: cllv.a.m!ltl:.;;!n@gmse~il.c m 5 
Sep 15 15 10:11a Michele Milton 2037407025 p.6 

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These lightweight aircraft operate at slow speeds, dose to the ground, and in areas that are 

under the control of the operator. As a result, tl1ey are far safer than conventional operations 

conducted with manned aircraft operating in close proximity to the ground and people. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, weight, 

speed, operating capabilities, proximity to airports and populated areas, and operation within 

visual line of sight and national security - provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant's UAS for the purposes 

outlined herein and are consistent with exemptions already granted] including Exemptions 

§11062 through 11067, 11080, 11109 through 11112, 11114, 11136, 11138, 11150 and 11153. 

Given that CMF ls willing to abide by conditions the FAA has required in issuing recent Section 

333 exemptions, as set forth in Appendix C, the FAA has a strong basis for prompt consideration 

and grant of this request. J would also like to take this opportunity to request permission to 

operate under an exemption outside of the United States of America pursuant to Section §11.83 

as clients wishing to have videos to advertise their properties for sale both abroad and within 

the USA and in full compliance with the Civil Aviation Authority (ICAO). 

If you have any questions or require add!tional documents please do not hesitate to contact me. 

Yours truly, 

Cfive Milton 

21 N. B~ch Tree Rd., Sn:~Qkfi~ld. CT 06BOLIT~I: 203-740 7023 Emcll: cl!v~.miltQn~gmS<~il.oQm 6