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UnSeenImages.Com

2 Red Cedar Road

Amelia Island, FL 32034

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590 

Re: 14 CFR Part 2114 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a)14 CFR 

91.9 (b) (2)14 C.F.R. 91.10314 C.F.R. 91.10914 C.F. R. 91.11914 C.F.R. 91.12114 

CFR 91.151 (a)14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a)14 CFR 407 (a) (1)14 CFR 

409 (a) (2)14 CFR 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.F.R. Part 11, UnSeenImages.Com an operator of Unmanned Aircraft 

Systems (“UASs”) for creating fine arts and landscape images hereby applies for an 

exemption from the Federal Aviation Regulations (“FARs”) to allow commercial 

operation of its UAS platforms. 

UnSeenImages.Com requested exemption would permit the operation of small, 

unmanned UAS under controlled conditions in airspace that is: (1) limited, (2) 

predetermined, (3) subject to controlled access, and (4) provide greater safety in 

connection with aircraft operations in the outdoor film and television industry. As 

established by the exemptions already granted by the FAA, approval of 

UnSeenImages.Com’s exemption would enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to establish requirements for 

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

Benefit of UAS 

The geography of Florida and neighboring coastal states provides challenges for 

photographers to obtain fine arts, wildlife, and landscape photographs – with particular 

emphasis on environmental preservation and appreciation. UnSeenImages.Com is very 

conscious of the importance of preserving Florida’s ecosystem and will be doing still life 

photography of these unique coastal areas. Our company works for First Coast magazine, 

The Amelia Island Islander magazine, and South End Living magazine. I have been flying 

in the southeastern coastal areas photographing landscapes for almost 1 year – and 

have had no flight incidents. 

This application is submitted by: 
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UnSeenImages.Com

Owner: Stephan R. Leimberg

Ph: 904-491-0474. 

Email contact: Steve@UnSeenImages.Com

Address: 2 Red Cedar Road, Amelia Island, FL 32034

Regulations from which the exemption is requested: 

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace system (NAS) before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users 

of the NAS or the public or pose a threat to national security in light of the following: 

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

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator. Reform Act 333 (a). 

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). The Federal 

Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

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

§40101 of the Act, that includes UASs, from the requirement that all civil aircraft must 
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have a current airworthiness certificate. Applicant interprets this provision to place the 

duty on the Administrator to not only process applications for exemptions under section 

333, but for the Administrator to craft conditions for the safe operation of the UAS, if it 

should be determined that the conditions set forth herein do not fulfill the statutory 

requirements for approval. 

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

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this 

title if the Administrator finds the exemption in the public interest. 49 U.S.C. 44701(f) 

See also 49 USC 44711(a); 49 USC 44704; 14 CFR 91.203 (a) (1). 

UnSeenImages.Com’s UASs are rotorcraft, weighting 55 or fewer lbs. including payload. 

They operate, under normal conditions at a speed of no more than 50 knots and have 

the capability to hover, and move in the vertical and horizontal plane simultaneously. 

They will operate only in line of sight and will operate only after all safety protocols and 

preflight checks have been completed.

Given the small size of the UASs involved and the restricted controlled environment 

within which they will operate, the applicant falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by

exemption, allow commercial operations of UASs to commence immediately. Also due 

to the size of the UASs and the restricted areas in which the relevant UASs will operate, 

approval of the application presents no national security issue. Given the clear direction 

in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations, 

and the significant public benefit, including enhanced safety, reduction in environmental 

impacts, including reduced emissions associated with allowing UASs for movie and 

television operations, the grant of the requested exemptions is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. 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 the already safe movie and television filming operations 

conducted with conventional aircraft. 

These limitations and conditions to which UnSeenImages.Com agrees to be bound when 

conducting commercial operations under an FAA issued exemption include: 

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer. 
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3. Maximum total flight time for each operational flight will be 30 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 

30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more 

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

5. Minimum crew for each operation will consist of the UAS Pilot and the Visual 

Observer.

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

the UAS Pilot, who possess the necessary PIC qualifications, is also present on set 

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

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

Manual. Section H, I and J of the Manual requires the establishment of a 

“Security Perimeter” for the flight operations area.

8. A briefing will be conducted in regard to the planned UAS operations prior to 

each day’s production activities. It will be mandatory that all personnel who will 

be performing duties within the boundaries of the safety perimeter be present 

for this briefing.

9. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of 

the requested exemption, with the appropriate Flight Standards District Office.

10. The operator will obtain the consent of all persons involved in the filming and 

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

operation, and this radius may be reduced to 30 feet based upon an equivalent 

level of safety determination, as required by Section K of the Manual. With the 

advanced permission of the relevant FSDO, operations at closer range can be 

approved.

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

before the proposed shoot as required in Section K of the Manual.

12. Pilot and observer will have been trained in operation of UAS generally and 

received up-to-date information on the particular UAS to be operated as 

required Sections M and N of the Manual.

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

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

obtained. 

15. All required permissions and permits will be obtained from territorial, state, 

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

appropriate governmental agencies.  

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

capability to return to a pre-determined location within the Security Perimeter 

and land.

17. The UAS will have the capability to abort a flight in case of unpredicted obstacles 

or emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 91.203 (a) (1) 
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Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 

the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the particular UAS. In all cases, an analysis of these 

criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the

operator, pursuant to the Manual’s requirements, and under the requirements and in 

compliance with local public safety requirements, to provide security for the area of 

operation as is now done with conventional filming. The FAA will have advance notice of 

all operations. These safety enhancements, which already apply to civil aircraft operated 

in connection with motion picture and television production, provide a greater degree 

of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load. 

14 C.F.R. 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," 

or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which 
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the word “Experimental” can be placed. Given the size of the UAV, two-inch lettering 

will be impossible. The word “Experimental” will be placed on the fuselage in 

compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAV marked on its fuselage 

as required by §45.29 (f) where the pilot, observer and others working with the UAV will 

see the identification of the UAS as “Experimental.” The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

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

equivalent level of safety of current operations by requiring the PIC operating the 

aircraft to have a private pilot’s license rather than a commercial pilot’s license to 

operate this small UAS. Unlike a conventional aircraft that carries the pilot and 

passengers, the UAS is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in 

advance as set forth in the Manual. The level of safety provided by the requirements 

included in the Manual exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. The risks associated with 

the operation of the UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations 

of the UAS as requested with a private pilot as the PIC exceeds the present level of 

safety achieved by 14 C.F.R. §61.113 (a) & (b). 

14 C.F.R. 91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft and the requirements contained in the 

Manual for maintenance and use of safety check lists prior to each flight, as set forth in 

Sections J, L and Q, an equivalent level of safety will be provided. 

14 C.F.R. 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft. 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof. 
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The UAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is 

no room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the pilot flying the UAS will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. An equivalent level of safety will 

be provided as set forth in the Manual. The PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 

14 C.F.R. 91.109: Flight instruction:

Section 91.103 provides that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls. 

UASs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 

9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. 91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 

200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, except for the limited conditions 

stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however 

be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent. 
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The equivalent level of safety will be achieved given the size, weight, speed of the UAS 

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

permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the activity of photographing, all affected individuals 

will be aware of the planned flight operations as set forth in Section K of the Manual. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated 

with these operations is far less than those presently presented with conventional 

aircraft operating at or below 500 AGL in the movie industry. In addition, the lowaltitude operations of the UAS will ensure separation between these small- UAS 

operations and the operations of conventional aircraft that must comply with Section 

91.119. 

14 C.F.R. 91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude 

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

appropriate altimeter setting available before departure.” As the UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the Manual 

and Safety Check list, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and, assuming normal cruising 

speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly 

after that for at least 45 minutes.” 

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

meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be 

limited to approximately 10 minutes in length. Given the limitations on the UAS’s 

proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or night VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly 

controlled area where only people and property owners or official representatives who 

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would 

greatly reduce the utility for which the exemption will be granted. 
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Applicant believes that an equivalent level of safety can be achieved by limiting flights to 

30 minutes or 25% of battery power whichever happens first. This restriction would be 

more than adequate to return the UAS to its planned landing zone from anywhere in its 

limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808. 

14 C.F.R. 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(1) An appropriate and current airworthiness certificate. . . . 

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them, to the 

extent they are applicable to the UAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 

9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

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

These regulations require that an aircraft operator or owner “shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft 

in compliance with Part 43. 

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

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook as 

referenced in the Manual. An equivalent level of safety will be achieved because these 

small UASs are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the 
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Manual, the operator will ensure that the UAS is in working order prior to initiating 

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

Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

********* 

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

Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. 21, subpart H; 14 C.F.R 

45.23(b); 14 C.F.R. 61.113(a) & (b); 91.7(a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 

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

(2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or 

less) in motion picture and television operations. 

Approval of exemptions allowing commercial operations of UASs in the film industry will 

enhance safety by reducing risk. Conventional film operations, using jet or piston power 

aircraft, operate at extremely low altitudes just feet from the subject being filmed and 

in extreme proximity to people and structures; and present the risks associated with 

vehicles that weigh in the neighborhood of 4,000 lbs., carrying large amounts of jet A or 

other fuel. Such aircraft must fly to and from the film location. In contrast, UAS weighing 

fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The UAS is carried to the 

film set and not flown. The UAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights. 

The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein, including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground, and in a sterile environment and, as a 

result, are far safer than conventional operations conducted with turbine helicopters 

operating in close proximity to the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Photographs of people will be restricted to only those 

have also consented to being photographed or otherwise have agreed to be in the area 

where the photography will take place. 

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 
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justification for the grant of the requested exemptions allowing commercial operation 

of applicant’s UAS in the motion picture and television industry. 

Sincerely,

Stephan R. Leimberg

Owner

UnSeenImages.Com