Willow Marketing Management, Inc.

T: 317-257-5225

TaylorBussick@willowmarketing.com

July 18, 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 C.F.R.

45.23(b);14 CFR Part 21;14 CFR 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) &

(b);91.405 (a); 91.407(a) (1); 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.F.R. Part 11, Willow Marketing

Management, Inc. (Willow Marketing), operator of Small Unmanned Aircraft

Systems (“sUASs”) equipped to conduct aerial videography and

photography for the public and private motion picture, television, and

commercial videography industry for closed set filming, as well as land 

surveying, architecture, real estate and other related professional activities,

hereby applies for an exemption from the listed Federal Aviation

Regulations (“FARs”) to allow commercial operation of its sUASs, so long

as such operations are conducted within and under the conditions outlined

herein or as may be established by the FAA as required by Section 333.
2

As described more fully below, the requested exemption would permit

the operation of small, unmanned and relatively inexpensive sUAS under

controlled conditions in the NAS that is 1) limited 2) predetermined 3)

controlled as to access. 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:

Willow Marketing, Inc.

Attn: Taylor Bussick & Brad Gillum

Ph: 317-257-5225

Email: taylorbussick@willowmarketing.com or

bradgillum@willowmarketing.com

Address: 3590 N Meridian St. Indianapolis, IN 46208

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
3

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). Lastly, 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

sUASs, from the requirement that all civil aircraft must have a current

airworthiness certificate.

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).

Willow Marketing’s sUASs 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 within a predetermined and closed off

property area under the permission of the property representative. Such

operations will insure that the sUAS will “not create a hazard to users of the

national airspace system or the public” as per the Reform Act Section 333

(b).
4

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 commercial

videography 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 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 are conducted on closed off property

under the permission of the property owner or property representative.

These limitations and conditions to which Willow Marketing agrees to be

bound when conducting commercial operations under an FAA issued

exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

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
5

filming is planned. If a structure being surveyed or photographed has

a height which exceeds 400 feet AGL, the UAS will not exceed 100’

in height above the highest point on that structure.

5. Minimum crew for each operation will consist of the sUAS Pilot, and

the Visual Observer.

6. sUAS Pilot will be Pilot in Command (PIC). If the PIC deems another

operator to be qualified with the necessary skills to be PIC, that

person can also be designated as PIC provided they have a minimum

of 25 hours of flight time with the sUAS.

7. Flights will be operated at a lateral distance of at least 100 feet from

any inhabited structures, buildings, vehicles, vessels, or people not

associated with the operation or who have not signed a waiver in

advance of the operation.

8. PIC must hold either a 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.

(The PIC requesting exemption is currently finishing up his flight

school and acknowledges that no commercial sUAS flights will be

conducted until the date of receiving his Sport Pilot Certification. This

is set to be completed 8/25/2015.)

9. 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 involved with the operational duties of the flight within the

boundaries of the safety perimeter be present for this briefing.

10. The operator will file an FAA Form 7711-1, or its equivalent, as

modified in light of the requested exemption, with the appropriate

local Flight Standards District Office.
6

11. 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. With the

advanced permission of the relevant FSDO, operations at closer

range can be approved.

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.

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

radio, and/or text.

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

property representatives 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 sUAS loses communications or loses its GPS signal, the sUAS

will have the capability to return to a pre-determined location within

the Security Perimeter and land autonomously.

17. The sUAS will have the capability to abort a flight in case of

unpredicted obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R.

§91.203 (a) (1)

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
7

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 sUAS 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.

Unlike other civil aircraft, operations under this exemption will be tightly

controlled and monitored by both the operator 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
8

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 the word “Experimental” can be placed. Given the

size of the sUAV, 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 sUAV marked

on its fuselage as required by §45.29 (f) where the pilot, observer and

others working with the sUAV 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) Willow Marketing seeks exemption from 61.113 

so that it’s PIC may hold a sport pilot’s certificate instead of a commercial 

pilot’s certificate. In Grant of Exemption No. 11062 to Astraeus Aerial 

(Astraeus), the FAA determined that a PIC with a private pilot’s certificate 

operating the Astraeus UAS would “not adversely affect operations in the 

NAS or present a hazard to persons or property on the ground”. Willow 

Marketing’s safety training provides an equivalent level of safety and 

potentially helps exceed current safety levels when compared to manned 

aerial flights. The knowledge Willow Marketing has about UAS operations 

is relevant and supplements the safety awareness the PIC learns from 

getting a sport pilot certificate. Willow Marketing provides safety and 

education through the use of the safety operations manual, pre flight safety 

checks and proper care for it’s UASs.

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 for maintenance and use of safety check lists prior to each flight, as
9

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.

The sUAS, 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 sUAS 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.

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.
10

sUASs 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 sUAS 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, the

UAS will never operate at higher than 400 AGL with the exception that in

circumstances where the UAS is used to survey or photograph a structure

whose height exceeds 400 feet AGL, the UAS will not be operated more

than 100' above the highest point on the structure. 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.

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 filming activity, all affected individuals will be aware of the planned flight

operations. 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 low-altitude operations of

the sUAS will ensure separation between these small- UAS operations and
11

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 sUAS 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 safety checklist and

live flight data monitoring, 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 sUAS provides approximately 30 minutes of

powered flight. To meet the 30 minute reserve requirement in 14 CFR

§91.151, sUAS 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 twilight 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 sUAS flights to 10

minutes would greatly reduce the utility for which the exemption will be

granted.
12

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 sUAS 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 sUAS.

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

at the ground control point where the pilot flying the sUAS will have

immediate access to them, to the extent they are applicable to the sUAS.

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
13

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. 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. 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.

An equivalent level of safety will be achieved because maintenance

and inspections will be performed in accordance with the UAS

Manufacturer's Manual, as referenced in the Aircraft Operations Manual.

As provided in the Operations Manual, the operator will ensure that the

UAS is in working order prior to initiating flight and perform required

maintenance needed.

Additional Views and Information 

As a full-service marketing agency based in Indianapolis, Willow

works with clients across the country. Aerial videography a growing client

need and terrific addition to our existing video production services.

Although other agencies and individuals are using drones to capture and

sell aerial footage today, our agency is seeking to launch the service

offering of aerial videography in compliance with FAA regulations.

Willow Marketing is also poised to be a local advocates for safe, legal

and compliant commercial aerial videography. We are willing to invest time

and effort to educate and inform the public about the value of FAA

compliance, particularly among the commercial aerial videography. There

are certainly important distinctions between hobbyists and qualified,
14

commercial UAS operators. We believe it is important to be a resource for

those who are seeking similar commercial exemptions for UAS operators.

*********

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, television, and commercial videography

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 (140 gallons for jet helicopters.) 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 to

the film set. 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, including

exempting the applicant from the requirements of Part 21 and allowing

commercial operations. These lightweight aircraft operate at slow speeds,
15

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 representative or 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.

All flights will occur in accordance with any state or local laws

regarding privacy.

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, television, and commercial videography industry.

Sincerely,

Taylor Bussick

Willow Marketing Management, Inc.

Lead UAS Operator (PIC)

Brad Gillum

Willow Marketing Management, Inc.

CEO/Owner