U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590 

Re: Petition of Maxwell Tubman (d/b/a Steam Machine Aerial) 

for an Exemption Request Pursuant to Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation Regulations 

from 14 C.P. Part 21, Subpart H; 61.113(a) & (b); 91.119(c); 

91.121; 91.151(a); 91.405(a); 91.407(a)(l); 91.409(a)(2); 

91.417(a) & (b). 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (the "Reform Act") and 14 C.P.R. Part 11, Maxwell Tubman 

(d/b/a Steam Machine Aerial), does hereby apply for an exemption 

from the Federal Aviation Regulations ("FAR's") identified below, to 

allow commercial use of small unmanned aerial systems ("sUAS") for 

the purpose of aerial photography and filmmaking under certain 

conditions set forth in the Steam Machine Aerial confidential Flight 

Operations Manual and identical conditions set forth in the FAAissued "Exemption No. 11062", and related exemptions issued to 

operators for closed set filming. 

Also, pursuant to 14 CPR § 11.87, we request that the FAA not publish 

this petition request in the Federal Register and not delay action based 

on the following: 

1. This petition for exemption does not set precedent. Previous 

identical exemption requests have been approved. 

2. The requested relief is identical to exemptions granted 

previously, specifically, Exemption(s) Nos. 11062 (Astraeus 

Aerial), 11066 (Aerial MOB), 11065 (Helivideo), and others. 

3. A delay in action on this petition would adversely affect pending 
requests for aerial filming operations and result in lost 

opportunity and wages for participating crew, and a delay in the 

public benefit of granting this petition. In addition, a competitive 

advantage for unapproved commercial sUAS operators exists and 

continues to grow every day. 

4. We are filing this exemption petition immediately following the 

finalized operations manual with respect to newly acquired 

sUAS. 

Notwithstanding the request not to publish this petition request in the 

Federal Register, Steam Machine Aerial has submitted supporting 

materials including the confidential "Flight Operations Manual" which 

are confidential documents pursuant to 14 CPR § 11.35(b) and are not 

available to the public. 

Pursuant to 14 CFR § 11.87:

A) The name and address of the applicant:

Maxwell W. Tubman

D/B/A Steam Machine Aerial 

1834 S Camac st

Philadelphia PA, 19148

339-222-2078

 B) 14 C.F.R.- Regulations for which exemption is requested: 

1. Part 21, Subpart H 

2. 61.113(a) and (b) 

3. 91.119(c) 

4. 91.121 

5. 91.151(a) 

6. 91.405(a) 

7. 91.407(a)(1) 

8. 91.409(a)(2) 

9. 91.417(a) and (b) 
These regulation exemption requests are identical to the 

exemptions determined as necessary by the FAA in previously 

approved exemption petitions as described above. 

C. The extent of relief sought, and reason for seeking relief: 

1. Part 21, Subpart H: Airworthiness Certificates 

The FAA has determined that no exemption is required of 

this section if a finding is made under the Reform Act that 

the sUAS selected provides an equivalent level of safety 

when compared to aircraft normally used for the same 

application. As the aircraft specified in this exemption 

request meet the size, weight, speed and other characteristics 

of sUAS aircraft specified in previously approved exemption 

requests as noted, no exemption is believed to be needed. If, 

however, an exemption is determined to be needed by the 

FAA after review of this petition, one is requested. 

An equivalent or greater level of safety is obtained when sUAS 

physical and operating characteristics, safety systems, maintenance 

requirements and other operating procedures as set forth in the 

attached Confidential Flight Operations Manual are adhered to. 

Grant of the exemption to Steam Machine Aerial will be subject to 

the following mandatory airworthiness conditions: 

Ø The UAS will never exceed a gross takeoff weight 

(GTOW) of 55 lbs., or in excess of the Operator 

Handbook/Manufacturer recommendations, whichever 

is more restrictive.

Ø The Manufacturer checklist and Steam Machine Aerial 

preflight checklist will be followed prior to each flight.

Ø The aircraft registration number will be displayed on 

the aircraft in accordance with current regulations.

Ø The POH, registration, copy of exemption, checklist, 

and copy of maintenance records will be mandatory 
documents for operation and must be located with or in 

the base station and accessible to the PIC at all times.

Ø Any FAA or manufacturer required placards are placed 

and clearly visible on the base station or controlling 

device.

Ø All equipment installed on the UAS will be operational 

for flight.

Ø PIC will be the determining authority on the 

airworthiness of the UAS prior, during, and after each 

flight, and will cease operations upon deeming the UAS 

not airworthy until proper maintenance or action has 

been taken.

Ø In adherence to 14 C.F.R. §43.9 each person who 

maintains, performs preventative maintenance, rebuilds, 

or alters the UAS, airframe, motor, propeller, appliance, 

or component part will make an entry in the

maintenance record of that equipment containing the 

following information:

o Description of work performed. 

o Date of completion of work performed. 

o Name/ Signature of the person performing the 

work. 

Ø In addition to the information above, the following will 

be included on any maintenance records for record 

keeping and reporting to the FAA upon request:

o Aircraft total time. 

o Time in service of part by method of Time Since 

New (TSN) or Time Since Overhaul (TSO).

o Manufacturer, model, serial and/or part number 

when available.

Ø Any maintenance action that may affect flight 

characteristics or airworthiness will have a maintenance 

operational check and test flight performed by a pilot 

holding at minimum a private pilot certificate and an 

appropriate entry made in the UAS record.
2. 61.113(a) and (b): Private Pilot Privileges and Limitations: 

Pilot in Command. 

Steam Machine Aerial is seeking relief from this regulation as the 

requirement for a Commercial Pilot License with a second class 

medical would be an unnecessary burden on the operator with 

regard to obtaining and certifying UA pilots. 

The UAS will not carry a pilot or passengers, and the proposed 

operations can achieve the equivalent level of safety by requiring 

the pilot to possess a private pilot's license only, with a valid third 

class medical. This level of knowledge and skill combined with the 

proposed operating procedures described in the Flight Operations 

Manual (VLOS only, closed-set requirements, etc.) will more than 

adequately allow safe operation within the national airspace 

system, and with regard to persons or property on the ground. The 

additional knowledge and skill requirements for a Commercial 

Pilot's license do not add any level of safety with respect to closedset small UAS operations in the same manner they do with full 

scale, passenger-carrying aircraft. 

An equivalent or greater level of safety is achieved by requiring 

UA pilots to have a minimum number of hours logged, flight 

sequences, knowledge and experience testing, etc. as described in 

the Flight Operations Manual. 

3. 91.119(c): Minimum Safe Altitudes. 

Steam Machine Aerial is seeking relief from this regulation, as the 

primary purpose of the UAS operation is to provide 'low altitude' 

aerial cinematography and photography services. 

This section prescribes that an aircraft may not be operated closer 
than 500 feet to any person, vessel, vehicle or structure in 

uncongested areas. As sUAS aircraft are much smaller, lighter, and 

operate at much slower speeds than full size aircraft, and do not 

carry explosive fuel, the potential for injury and damage to persons 

and property on the ground is significantly lower in the event of an 

uncontrolled descent. In addition, with respect to participating 

persons on the ground, a full safety briefing would be conducted 

describing flight operations, including any risk. This is similarly 

done with restrictions and guidelines for full size aircraft in 

accordance with an approved Motion Picture and Television 

Operations Manual, the applicable sections of which are included 

in the Steam Machine Aerial Flight Operations Manual. 

An equivalent or greater level of safety is obtained than when 

using full size aircraft in similarly approved filming operations as 

the potential for injury and damage is significantly reduced when 

applying size, weight and speed restrictions on the UA. Also, the 

UA has built in safety features such as auto-land, ability to control 

with loss of an engine, etc. that full size aircraft may not have. 

4. 91.121: Altimeter Settings 

Steam Machine Aerial is seeking relief from this regulation, as the 

UA will not have a barometric altimeter. 

An equivalent or greater level of safety exists as although the UA 

does not have a typical barometric altimeter onboard, it does report 

GPS AGL altitude to the PIC via radio telemetric feed. This is 

combined with the UA being operated within visual line of sight 

and below 400' AGL, and the pilot requirements to verify AGL 

reading prior to liftoff (as contained in the Flight Operations 

Manual). 

5. 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Steam Machine Aerial is seeking relief from the fuel requirements 

of this FAR as current battery technology allows the UA to fly for 
approximately 15-30 minutes in normal conditions. As 91.151(a) 

requires a 30-minute reserve AFTER reaching the point of 

intended landing, there is no practical flight possible under this 

regulation. 

An equivalent or greater level o f safety exists as the exact battery 

level remaining is transmitted to the pilot via radio telemetry, and 

given that the operating area for the UA is in close proximity to the 

pilot (VLOS), an unsafe condition where the UA is unable to 

return for landing due to low battery condition is easily avoidable. 

Additionally, should a defective battery prematurely deplete, the 

UA is configured to autoland above the point at which the flight 

controller detects low voltage. And, as part of the Steam Machine 

Aerial Operations Manual, it is a requirement that any flight be 

terminated if telemetry is lost. Otherwise, a flight limit of 30 

minutes or 25% battery remaining is prescribed. 

6-9. 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections 

Steam Machine Aerial is seeking relied from the above stated 

FAR's as the UA will not have an airworthiness certificate. 

Therefore there is no requirement to perform an inspection in order 

to maintain airworthiness as stated in Appendix D to Part 43 for 

100hr. and annual inspections. 

An equivalent or greater level of safety exists as the Steam 

Machine Aerial Flight Operations Manual does prescribe regular 

maintenance and inspections, compliance with manufacturer's 

service bulletins, test flights after maintenance, technician training, 

and so forth, in the spirit of the scope and detail of Appendix D to 

Part 43. In addition, while mechanical failures are not out of the 

question, a crash resulting from a catastrophic failure has a very 

small amount of risk of injury when compared to a failure in a 

passenger carrying full size aircraft, for which this regulation was 

intended. 
D.) Public Interest:

Steam Machine Aerial believes that allowing commercial use of 

small-unmanned aircraft will enhance the safety of filming 

operations by reducing the risk associated with low altitude full 

size aircraft operations. A manned turbine powered helicopter 

operating in close proximity to production personnel and actors 

on the ground has a far greater risk of injury than a small, 

lightweight sUAV carrying no combustible fuel, especially when 

the UA is operating within the parameters of the Steam Machine 

Aerial Flight Operations Manual. Additionally, the safe 

integration of sUAS within the national airspace is a growing 

concerns amongst pilots, the FAA, and general public. This 

exemption would provide a safe stepping-stone to a more robust 

set of future sUAS rules. 

E.)Level of Safety:

As outlined in each of the FAR's above for which relief is sought 

(underlined). 

F.) Summary: 

Steam Machine Aerial seeks exemption from the following rules 

for the commercial operation of a small unmanned aerial system 

in order to conduct filming and photography operations below an 

altitude of 400' AGL and within a limited operating area: 14 

C.P.R. Part 21, Subpart H; 61.113(a) & (b); 91.119(c); 91.121; 

91.151(a); 91.405(a); 91.407(a)(l); 91.409(a)(2); 91.417(a) & 

(b). This exemption will enhance the level of safety currently 

able to be obtained using full sized manned helicopters for the 

same type of work. 

G.)Additional Information: 

The applicant, Maxwell Tubman, is a safety conscious member 

of the aviation community as a Private Pilot rated airmen. Also a 

radio control aircraft hobbyist and member of the AMA, 

Academy of Model Aeronautics, Mr. Tubman brings a unique 

perspective on the safe integration of sUAS in the national 

airspace system. As an avid model aviation enthusiast from a 
young age Mr. Tubman has been able to blend his passion for 

remote controlled vehicles with his love for filmmaking and with 

his knowledge of the FAR Mr. Tubman is in a unique position to 

help safety integrate sUAS into the NAS. Mr. Tubman has been 

providing video production services since 2008 when he 

graduated from film school, including air- to-air and air-toground cinematography from both full-scale fixed wing and 

rotorcraft. Additionally, the sUAS aircraft specified in the 

attached Flight Operations Manual are built of the highest 

quality parts available to the sUAS market in far exceed what 

has become the “industry standard” in both performance, 

safety and redundancy. Size, weight, speed limitations and 

other operating restrictions are described in the attached 

Flight Operations Manual and are consistent with other 

previously approved Section 333 exemptions for 

filmmaking. For reference, the UA specified have a gross 

weight of less than 55lbs and fly at a speed of no more than 

50kts, carry neither a pilot nor a passenger, carry no 

explosive materials or flammable liquid fuels, and operate 

exclusively within a secured area as set out in the Flight 

Operations Manual. In addition, integrated safety features 

ensure the safety of persons and property within and 

surrounding the limited operating area by employing 

automatic 'return to home and land' in the event of command 

and control failure, and other safety features as described in

the Flight Operations Manual. 

Sincerely	

Maxwell	Tubman

Steam	Machine	Aerial	

1934	S	Camac	St	

Philadelphia	PA.	19148