Aerial Edge, Inc. 

T: +1 334 444 5103 

brad.a.meier@gmail.com 

February 5 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 CFR Parts 61.113 (a) & (b), 91.119 (c), 91.151(a), 91.405 (a), 

91.407 (a) (1), 91.409 (a) (2), and 91.417 (a) & (b)

Dear Sir or Madam: 

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

Part 11, Aerial Edge, Inc, an operator of Unmanned Aircraft Systems, hereby applies for the 

exemption of certain Federal Aviation Regulations during photography and filming commercial 

operations for use in the television and motion picture industry.

As described more fully below, the requested exemption would permit the operation of 

small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 

1) limited 2) predetermined 3) controlled as to access and 4) would provide safety 

enhancements to the already safe operations in the film and television industry presently using 

conventional aircraft. Approval of this exemption would thereby 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.” 

Section 333(c) of the Reform Act.

The name and address of the applicant is: 

Aerial Edge 

Attn:Brad Meier 

Ph:+1 334 444 5103 

Email: brad.a.meier@gmail.com 

Address: 3908 Meridian Ave N Seattle WA 98103 

Regulations from which the exemption is requested: 

14 CFR §61.113 (a) and (b) 

14 CFR §91.119 (c)

14 CFR §91.151 (a) 

14 CFR §91.405 (a) 

14 CFR §91.407 (a) (1) 

14 CFR §91.409 (a) (2) 

14 CFR §91.417 (a) and (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 rule-making required under Section 332 of the Reform 

Act.

Aerial Edge, Inc sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. 

Under normal conditions they operate at a speed of no more than 50 knots, have the capability 

to hover or move in the vertical and horizontal plane simultaneously. They will operate only in 

line of sight and only within the sterile area described in the Motion Picture and Television 

Operations Manual, confidential and attached. Such operations will insure that the sUAS will 

“not create a hazard to users of the national airspace system or the public.”

Given the small size of the sUASs involved and the restricted sterile 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 sUASs 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 without delay.

Aircraft and Equivalent Level of Safety

The limitations proposed by Aerial Edge provide for at least an equivalent or even higher 

level of safety to operations under the current regulatory structure. These limitations and 

conditions to which Aerial Edge agrees to be bound when conducting commercial operations 

under a FAA issued exemption and further detailed in the operations manual:

• The sUAS will weigh less than 55 lbs.

• Flights will be operated within line of sight of a pilot and observer.

• 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.

• Flights will be operated at an altitude of no more than 400 feet AGL

• Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the 

Camera Operator.

• sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third 

class medical. 

• The UAS will only operate within a confined “Operational Border” as defined in the operations 

manual.

• A briefing will be conducted in regard to the planned sUAS 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.

• The operator will ensure that no persons are allowed within 500 feet of the area except those 

consenting to be involved and necessary for the filming production. This provision may be 
reduced to no less than 200 feet if it would not adversely affect safety and the Administrator 

has approved it.

• The operator will submit a written Plan of Activities to the FSDO three days before the 

proposed shoot as required by the operations manual.

• Pilot will have been trained in operation of UAS and current information on the particular UAS 

to be operated as required by the operations manual.

• Visual Observer will be trained through procedures outlined in the operations manual

• Observer and pilot will at all times be able to communicate by voice.

• If the sUAS 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.

• The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

Details of Regulations for which Aerial Edge requests Exemption

14 CFR §61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command

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

the UAS aircraft operated by Aerial Edge 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 a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a 

ground-based operator. The operational area is controlled and restricted, and all flights are 

planned and coordinated in advance. The level of safety exceeds that provided by a single 

individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks

associated with the use of a UAS are so diminished from the level of risk associated with

commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the

PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b).

14 CFR §91.119(c): Minimum Safe Altitudes

Section 91.119 (c) prescribes that “Over other than congested areas. An altitude of 500 

feet above the surface, except over open water or sparsely populated areas. In those cases, the 

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.” 

Relief is sought from Section 91.119 (c) with respect to those participating persons, vehicles, 

and structures directly involved in the performance of the actual filming. This is consistent with 

relief typically provided to manned operations in FAA Order 8900.1 V3,C8,S1 Issue of a 

Certificate of Waiver for Motion Picture and Television Filming by which the Aerial Edge intends 

to adhere to. The MPTOM further details the guidelines to be followed regarding operational 

safety and the safety of participating and non-participating persons and property.

14 CFR §91.151(a): Fuel Requirements for Flight in VFR Conditions

Aerial Edge seeks exemption from the requirements of Section 91.151 (a). Given the 

limitations on the UAS’s proposed flight area and its proposed operations within a 

predetermined location, a longer time frame for flight in daylight VFR conditions is reasonable. 
Furthermore, operating the UAS in a tightly controlled area where only participating personnel 

will be involved, less than 30 minutes of reserve power does not engender the type of risk that 

§91.151(a) was intended to address.

UAS aircraft operated by Aerial Edge are battery powered. Current battery technology 

limits the available total flight time to that of less than the 30 minute reserve prescribed in this 

Part. As technology advances, however, the available total flight time will increase. Therefore, 

flight time will be limited to no longer than 30 minutes or 25% remaining battery power, 

whichever occurs first.

14 CFR §91.405(a): Maintenance Required, §91.407(a)1: Operation After Maintenance, 

Preventive Maintenance, Rebuilding, or Alteration, §91.409(a)(2): Inspections, §91.417(a) and 

(b): Maintenance Records

Given that these sections and Part 43 referred to in these sections 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 operations manual. An equivalent level of 

safety will be achieved because the UASs are limited in size, 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 

Operations Manual, the operator will ensure that the UAS is in working order prior to flight, 

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

the operator is the person most familiar with the UAS and best suited to maintain it in an 

airworthy condition and provide the equivalent level of safety.

Federal Register Summary

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 CFR Parts 61.113 (a) & (b), 91.119 (c), 91.151(a), 91.405 (a), 91.407 (a) (1), 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 sUASs 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 4,000lbs., carrying large amounts of jet A or other fuel. Such aircraft must 

fly to and from the film location. In contrast, a sUAS 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 sUAS is carried, not flown to film sets. The sUAS 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. 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. Filming will be of people who have also consented to being filmed or 

otherwise have agreed to be in the area where filming 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 justification for the grant 

of the requested exemptions allowing commercial operation of applicant’s UAS in the motion 

picture and television industry pursuant to the Manual appended hereto. 

 

Sincerely, 

Brad Meier