September 14, 2015

Exemption No. 12840

Regulatory Docket No. FAA−2015−2076

Mr. Marcelino A. Belizario

Shakyamuni Films, LLC

8148 Turbys Treehouse Place

Las Vegas, NV 89131

Dear Mr. Belizario:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter posted to the public docket June 4, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Shakyamuni Films, LLC (hereinafter petitioner or 

operator) for an exemption. The petitioner requested to operate an unmanned aircraft system 

(UAS) to conduct aerial videography and cinematography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
2

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Shakyamuni Films, LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection.

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Shakyamuni Films, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
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Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 
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operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
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(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
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29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave, SE Washington, DC 20590

Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation

Regulations from Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R.

61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.121; 91.151(a); 91.203(a)&(b); 91.405(a);

91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) ; 91.119c

Dear Sir or Madam,

I, Marcelino A Belzario (dba Shakyamuni Films, LLC), am writing pursuant to the FAA

Modernization and Reform Act of 2012 and the procedures contained within 14

C.F.R. 11, to request that I, Marcelino A Belizario (dba Shakyamuni Filmsm, LLC), a

private pilot, AMA Member, and owner and operator of small unmanned aircraft, be 

exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, 

Marcelino A Belizario (dba Shakyamuni Films, LLC), may operate my small hobby level 

light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by 

the Federal Aviation Administration (“FAA”). The Multicopter is as follows...

• DJI Inspire 1 using DJI Inspire 1 stock Remote Control

Flight operations with DJI Inspire 1 will be as follows. Line of site operation only, 200ft 

height restriction, 30kt speed, and 1500ft max lateral distance, GPS guided with return 

to home capability. 100+ hours of flight time experience have been logged by me for my

multicopter and I will be the sole operator of the multicopter.

As described herein I, Marcelino A Belizario (dba Shakyamuni Films, LLC), am a Private 

Pilot with a Class III Medical Certificate; experienced in flying hobby RC Aircraft and 

Multicopters for recreational purposes as well as personal manned aircraft. My intent for 

aerial videography/cinematography to enhance community awareness for those 

individuals and companies unfamiliar with the geographical layout of the areas in which 

we are operating, community awareness, aerial media for business and real estate 

photography and videos at less cost and lower threat (accident impact and lower 

emissions) than manned aircraft, thereby increasing safety and ecological impact to the 

public and promote economic growth for the areas in which we are operating.

My, Marcelino A. Belizario (Shakyamuni Films, LLC)'s, exemption request would permit 

operation of ultra-light weight, unmanned (piloted by remote control) and comparatively 

inexpensive UAS(s) in tightly controlled and limited airspace predetermined in areas 

away from general public, airports, heliports and vehicular traffic for community videos, 

and within property boundaries for small business and individual real estate listing 

videos/photos with the permission of the property owners or designee. Currently, similar 

lightweight, remote controlled UAS's are legally operated by unmonitored amateur 

hobbyists with no safety plan or controls. I, Marcelino A Belizario (dba Shakyamuni 

Films, LLC), have personally instilled safety within AMA guidelines, AC 91.57 circular, 

and Certificated Manned Aircraft Knowledge.
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Operation of UAS will be per attached user guides and modified RCAPA checklists, AC 

91-57 (400 ft max height, Line of site, not within Class C or B airspace, and only in 

Class D with prior permission and Transceiver contact with Control tower, Class G and 

E airports at least 3 miles from airports or with proper Airspace procedures 

Authorization or Contact, and under VFR rules.

Granting my, Marcelino A. Belizario (dba Shakyamuni Films, LLC)’s, request comports

with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and

authority to not only integrate UAS's into the national airspace system, but to

“...establish requirements for the safe operation of such aircraft systems [UAS's] in the 

national airspace system” under Section 333(c) of the Reform Act specific to the use of 

UAS's for aerial media and real estate purposes. Further I, Marcelino A. Belizario (dba 

Shakyamuni Films, LLC), will conduct my operations in compliance with the protocols 

described herein or as otherwise established by the FAA.

For the reasons stated below I, Shakyamuni Films (dba Shakyamuni Films, LLC),

respectfully request the grant of an exemption allowing me to operate ultra light weight, 

remote controlled UAS’s for academic community awareness to benefit/ stimulate 

attraction to the areas of operation and to enhance aerial media for small business and 

real estate listing videos for homeowners who cannot afford expensive manned aircraft 

for the same purpose. Both of which will promote local economic growth through 

increased employment and increased tax base. Both with public safety in mind by 

keeping heavier manned aircraft containing combustible fuels and emissions that that 

poses potential public hazard.

This exception is similar and has precedence as exemption 11153 (Burnzeye View, 

INC.) and exemption 11138 (Douglas Trudeau).

I have attached...

 Operator Manuals for the DJI Inspire 1 (Maintenance, Quick Start, User)

 DJI Disclaimer and Warnings | Release Notes

 Personal (RCAPA modified) Operational/preflight checklist guidelines

I. Contact Information:

Shakyamuni Films (dba Shakyamuni Films, LLC)

8148 Turbys Treehouse Place Las Vegas, NV 89131

Phone: (702) 985-8690

Email: shakyamunifilms@live.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From
3

Which Marcelino A Belizario (dba Shakyamuni Films, LLC) Requests Exemption

Are:

14 C.F.R. Part 21

14 C.F.R. 45.23(b);

91.9(b) (2);

91.203(a)&(b);

14 C.F.R. §§ 61.23(a) and (c)

14 C.F.R. §§ 61.101(e)(4) and (5)

14 C.F.R. § 61.113(a)

14 C.F.R. § 61.315(a)

14 C.F.R. § 91.7(a)

14 C.F.R. § 91.119(c)

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)(1)

14 C.F.R. § 91.405(a)

14 C.F.R. § 91.407(a)(1)

14 C.F.R. §§ 91.409(a)(1) and (2)

14 C.F.R. §§ 91.417(a) and (b)

III. The Extent of relief Marcelino A Belizario (dba Shakyamuni Films, LLC)

and the Reason He Seeks Such Relief:

I, Marcelino A Belizario (dba Shakyamuni Films, LLC), submit this application in

accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any

currently applicable FARs operating to prevent me, Marcelino A Belizario (dba 

Shakyamuni Films, LLC), contemplated commercial cinematic, academic and other

flight operations within the national airspace system. The Reform Act in Section

332 provides for such integration of civil unmanned aircraft systems into our

national airspace system as it is in the public’s interest to do so. My, Marcelino A 

Belizario (dba Shakyamuni Films, LLC)’s, ultra light weight RC multicopter meets

the definition of “small unmanned aircraft” as defined in Section 331 and therefore the 

integration omg small UAS’s are expressly contemplated by the Reform Act. I would like 

to operate my multicopters commercially prior to the time period by which the Reform 

Act requires the FAA to promulgate rules governing such craft. The Reform Act guides 

the Secretary in determining the types of UAS's that may operate safely in our national 

airspace system. Considerations nclude: The weight, size, speed and overall 

capabilities of the UAS's; Whether the UAS will be operated near airports or heavily 

populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 

333 (a). Each of these items reflect in favor of an exemption for me, Marcelino A 

Belizario (dba Shakyamuni Films, LLC). My multicopter uses four (4) counter-rotating 

propellers for balance, control and stability. My UAS is equipped with GPS and auto

return safety technology. Weighing less than seven (7) pounds (far

below the maximum 55 pound limit); including camera.

I, Marcelino A Belizario (dba Shakyamuni Films, LLC), considers safety as foremost
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with each flight. I am an experienced certificated manned Private Pilot and have

knowledge of Airspace and manned flight operations. I have 100+ hours of

experience with said multi rotor (DJI Inspire 1) and will operate each flight per attached 

user guides and modified RCAPA checklists, AC 91-57 (200 ft max height, Line of site,

not within Class C or B airspace, only in Class D with prior permission and

Transceiver contact with Control tower, Class G and E airports at least 3 miles

from airports or with proper Airspace procedures Authorization or Contact, and under 

VFR rules.

The multicopter and it’s control system operates with GPS and accelerometers which 

keep the systems in place with no control input and allow return to home if the radio 

control signal is loss.

I never take off without fully charged batteries and I land with at least 30% battery life, 

have a real time feed of battery power and visual indication for the Inspire 1. Multirotor 

has autoland capability if battery life is low.

Typical flight time is 7 to 15 minutes and operation is Line of site only, 200ft

height restriction, 30kt speed, and 1500ft max lateral distance. 

I, Marcelino A Belizario (dba Shakyamuni Films, LLC)’s, am extremely cautious when

operating of my UAS/ultra light weight unmanned aircraft and will not “create a hazard 

to users of the national airspace system or the public.” 112 P.L. 95 § 333

(b). Given the small size and weight of my UAS it falls well within Congress’s

contemplated safety zone when it promulgated the Reform Act and the

corresponding directive to integrate UAS's into the national airspace system.

Marcelino A Belizario (dba Shakyamuni Films, LLC)’s UAS, used in hobby flight, has a

demonstrable safety record and does not pose any threat to the general public or

national security.

IV. How Marcelino A Belizario (dba Shakyamuni Films, LLC)’s Request Will

Benefit the Public As A Whole:

Aerial videography for business use, geographical awareness and for real estate

marketing has been traditionally completed with manned fixed wing aircraft and

helicopters. Aerial videography is cost prohibitive. Only large businesses and

high end Realtors or luxury homeowners can afford such expense. This deprives

small businesses, non-luxury homeowners, and small budget Realtors from a

valuable marketing tool. Manned aircraft pose more of a threat to both the pilots

and the general public due to the size and the combustable fuel held on board.

than do small UAS which are low mass and contain no fuel.

Congress has already proclaimed that it is in the public’s interest to integrate

commercially flown UAS's into the national airspace system. The multicopters proposed 

for exemption are battery powered and creates no emissions that can harm the 
5

environment. The consequence of a small UAS crashing is far less than a full size 

helicopter or fixed wing aircraft.

Permitting me, Marcelino A Belizario (dba Shakyamuni Films, LLC), to immediately fly

within national air space furthers economic growth. Granting my exemption

request substantially furthers the economic impact for the Las Vegas

community, in which I’m, Marcelino A Belizario (dba Shakyamuni Films, LLC), based 

and for companies looking to relocate or build in the areas of operation as well

as individuals looking to relocate for career advancement through academic and

geographical awareness. Both of which serve as a stimulus to the community.

V. Reasons Why Marcelino A Belizario (dba Shakyamuni Films, LLC)’s Exemption

Will Not Adversely Affect Safety Or How The Exemption Will Provide a

Level of Safety At Least Equal To Existing Rule:

My, Marcelino A Belizario (dba Shakyamuni Films, LLC)’s, exemption will not adversely

affect safety.

I will be flying UAS with tighter restrictions than the general hobbyist who may

or may not be operating to AC 91-57.

As a Certificated Private Pilot, local to the area, I have knowledge of airspace and 

aircraft operations as well as basic sectional knowledge.

My operations will typically occur in non navigable airspace or airspace that manned 

aircraft should not be flying in. <200 feet AGL.

As a commercial interest, I will have a vested interest in safety to build business and 

community integrity and respect.

The UAS’s I will be flying are 5 and 14 lbs takeoff weight and contain no flammable 

aviation fuel compared to a equivalent manned aircraft. Much less mass, energy, 

flammability compared to a full size aircraft.

The aircraft will only operate 7-15 minutes per flight minimizing risk compared to full size 

aircraft.

Multicopter is directly controlled, line of site, with return to home capability. As the sole 

operator, have 100+ hours on my multicopter.

Prescribe to RCAPA checklists, AC 91-57, user manuals attached for each flight.

My, Marcelino A Belizario (dba Shakyamuni Films, LLC)’s, safety protocols provide a

level of safety equal to or exceeding existing rules. It is important to note that absent the 

integration of commercial UAS into our national airspace system, helicopters are the 

primary means of aerial video and photography for community awareness and real 
6

estate. While the safety record of such helicopters is remarkably astounding, there have

been several incidents across the nation involving loss of life as well as extensive 

property damage; it is far safer to operate a battery powered ultra-light weight UAS.

UAS’s do not need to operate as high as manned aircraft and pose less potential

energy and a less volatility in a crash.

VI. Permissions and Permitting

A. All required permissions and permits shall be obtained from territorial, state, county 

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

agencies.

B. At least three days before a scheduled operational flight, Shakyamuni Films, LLC, 

shall submit a written plan of activities to the local flight standards district office (FSDO)

with jurisdiction over the area of the proposed flight. The 3 day notification may be

waived with the concurrence of the FSDO. i) The plan of activities shall include at least 

the following:

1. Dates and times for all requested flights.

2. Name and phone number of Shakyamuni Films, LLC sUAS Flight

 Operations.

3. Name, certificate and phone number of PIC responsible.

4. Make, model and N-Number of sUAS to be used

5. Statement from Shakyamuni Films, LLC that it will be operating on

 approved privately owned and operated property; the list of those who gave

 permission shall be made available to the inspector upon request.

6. Description of flight activity, including maps or diagrams of any area over

 which flights will be conducted, the relationship of that area to any nearby city,

 town, etc., and the altitudes essential to accomplish the operation.

7. Signature of the exemption-holder or representative

C. Documents required under 14 CFR 91.9 and 91.203 shall be readily available to the 

PIC anytime the aircraft is in operation. These documents shall be made available to the

Administrator or any law enforcement official upon request.

D. Shakyamuni Films, LLC shall obtain an Air Traffic Organization (ATO) issued

Certificate of Waiver or Authorization (COA) prior to conducting any operations under

this grant of exemption.

E. Shakyamuni Films, LLC shall also request a Notice to Airman (NOTAM) not

more than 72 hours in advance, but not less than 48 hours prior to the operation.

F. Shakyamuni Films, LLC shall obtain the consent of all persons involved in the

operation and ensure that only consenting persons be allowed within 500 feet of the

Operations Area.
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VII. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The

Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). 

The size, weight of my, Marcelino A Belizario (dba Shakyamuni Films, LLC)’s, UAS’s 

permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent 

level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to 

exempt aircraft from the airworthiness certificate requirement under both the Act (49 

U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit 

the FAA to exempt UAS's from the airworthiness certificate requirement in consideration 

of the weight, size, speed, maneuverability and proximity to areas such as airports and 

dense populations. My, Marcelino A Belizario (dba Shakyamuni Films, LLC)’s, current 

and projected UAS's meet or exceed each of the elements.

Precedence of exemption 11138

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable. Aircraft will be inspected and preflighted per 

operators manual and attached preflight guidelines.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there

are no on board pilots or passengers, and given the size of the UAS(s), this

Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining 

a safety/flight manual delineating areas of where safety can be defined. The FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167, 10167A,10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as the

UAS(s) utilizes electronic global positioning systems with a barometric sensor

which “zeros” at field elevation. Since flight times are limited to 15 minutes AGL

indications will be accurate.

14 C.F.R. § 91.151 Fuel requirements for flight in VFR conditions prescribed

minimums below entire duration of flight time of sUAS. SUAS will land with at

least 30% of battery life. Visual LED warnings from sUAS as well as telemetry

data will show battery level and auto land will begin at 30% battery life.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft

certifications and registrations. They are inapplicable for the same reasons

described above. The equivalent level of safety will be achieved by maintaining

any such required certifications and registrations by me, Marcelino A Belizario (dba

Shakyamuni Films, LLC).
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14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according

to certain specifications. My UAS are, by definition, unmanned. They therefore do

not have a cabin, cockpit or pilot station on which to mark certain words or

phrases. Further, two-inch lettering is difficult to place. Per exemption 11138

which highlights previous exemptions, no marking is required or applicable.

14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial

operations.

I, Marcelino A Belizario (dba Shakyamuni Films, LLC), can achieve an equivalent level

of safety as achieved by current Regulations because my UAS does not carry

any pilots or passengers. Further, I possess a private pilot license and a class III

medical certificate and have a knowledge of Airspace and aircraft operations and

have a personal interest that UAS and manned aircraft do not intersect. The

risks attended to the operation of my UAS is far less than the risk levels inherent

in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me,

Marcelino A Belizario (dba Shakyamuni Films), to operate my UAS meet and

exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. § 91.119c prescribes safe altitudes for the operation of civil aircraft. It

allows helicopters to be operated at lower altitudes in certain conditions. My UAS

will never operate at an altitude greater than 200 feet AGL. I, Marcelino A Belizario (dba

Shakyamuni Films, LLC), will however, operate my UAS in safe areas away from

public and traffic, only with permission of said property and structure owners or

designee, providing a level of safety at least equivalent to or below those in

relation to minimum safe altitudes. In addition the DJI flight controller

allows me to restrict the multicopters max height to 200 feet and 1500 feet

horizontal. Given the size, weight, maneuverability and speed of my UAS, an

equivalent or higher level of safety will be achieved.

Per exemption 11138 ... “If barriers or structures are present that can sufficiently

protect nonparticipating persons from the UA or debris in the event of an

accident, then the UA may operate closer than 500 feet to persons afforded such

protection. The operator must also ensure that nonparticipating persons remain

under such protection. If a situation arises where nonparticipating persons leave

such protection and are within 500 feet of the UA, flight operations must cease

immediately. When considering how to immediately cease operations, the

primary concern is the safety of those nonparticipating persons. In addition, the

FAA finds that operations may be conducted closer than 500 feet to vessels,

vehicles and structures when the owner/controller of any such vessels, vehicles

or structures grants permission for the operation and the PIC makes a safety

assessment of the risk of operating closer to those objects and determines that it

does not present an undue hazard.”
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14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance

Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and

operators to “have [the] 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. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They

will not, therefore, apply to my, Marcelino A Belizario (dba Shakyamuni Films, LLC)'s,

UAS. However, as a safety precaution I inspect my UAS before and after each

flight.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14

C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, 

entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR §91.203(a)(1). The size, weight and 

enclosed operational area of my UAS permits exemption from Part 21 because my, 

Marcelino A Belizario (dba Shakyamuni Films, LLC)’s, UAS meets an equivalent level of

safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt 

aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 

44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA 

to exempt UAS's from the airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. My UAS meets or exceeds each of the elements. 14C.F.R. 91.7(a) 

prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As 

there are no pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a manual. 

The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves 

regular software updates and curative measures for any damaged hardware. Therefore, 

an equivalent level of safety will be achieved.

Request precedence of 11138 exemption...

“7) Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition

for safe flight. If the inspection reveals a condition that affects the safe operation

of the UAS, the UAS is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for

safe flight. The Ground Control Station must be included in the preflight

inspection. All maintenance and alterations must be properly documented in the

aircraft records.
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8) Any UAS maintenance or alterations that affect the UAS operation or flight

characteristics, e.g. replacement of a flight critical component, must undergo a

functional test flight. The PIC who conducts the functional test flight must make

an entry in the aircraft records.

9) The pre-flight inspection section in the operating documents must account for

all discrepancies, i.e. inoperable components, items, or equipment, not already

covered in the relevant sections of the operating documents.

10) The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

11) The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance,

inspection, and alterations must be noted in the aircraft records, including total

flight hours, description of work accomplished, and the signature of the

authorized person returning the UAS to service.

12) Each UAS operated under this exemption must comply with all manufacturer

Safety Bulletins.

13) The authorized person must make an entry in the aircraft record of the

corrective action taken against discrepancies discovered between inspections.”

In summary, Marcelino A Belizario (dba Shakyamuni Films, LLC) seeks an

exemption from the following Regulations:

Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a);

91.9(b) (2); 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a)

(2); 91.417(a)&(b) ; 91.119c) to commercially operate my, Marcelino A Belizario (dba

Shakyamuni Films, LLC)'s, small unmanned vehicle/lightweight unmanned aircraft

vehicle in community awareness, small business, and real estate operations, and

to develop economic platforms for real estate to enhance the experience of those

seeking to relocate to the Las Vegas area. Currently, aerial media for small

business,area awareness, and real estate aerial videography/photography relies

primarily on the use of larger aircraft running on combustible fuel. Posing

potential risk to the public. Granting my, Marcelino A Belizario (dba Shakyamuni Films, 

LLC)’s, request for exemption will reduce current risk levels and thereby enhance 

safety. My UAS craft do not contain potentially explosive fuel, is smaller, lighter and 

more maneuverable than conventional real estate video and photographic aircraft with 

much less flight time. Further, I operate at lower altitudes in primarily non navigable 

airspace eliminating potential public risk flying to and from established air fields. Formal 

collection of information shared with the FAA will enhance the FAA's internal efforts to 

establish protocols for complying with the FAA Modernization and Reform Act of 2012. 

There are no personnel on board my, Shakyamuni Films (dba Shakyamuni Films,
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LLC)’s, UAS and therefore the likelihood of death or serious bodily injury is significantly 

diminished. My, Shakyamuni Films (dba Shakyamuni Films, LLC)’s, operation of my 

UAS, weighing less than 7 pounds and traveling at lower speeds within limited areas will 

provide an equivalent level of safety as that achieved under current FARs. Accordingly 

I, Marcelino A Belizario (dba Shakyamuni Films, LLC), respectfully request that the FAA 

grant my exemption request and am willing to cooperate in sharing information to 

benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted,

Marcelino A Belizario (Shakyamuni Films, LLC)