U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue,

SW Washington, DC 20591

December 7, 2015

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

Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 91.121; 91.151{a);

91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Bert Simonis, operator of an

Unmanned Aircraft System (UAS), hereby apply, on behalf of This ‘n That Films, for an exemption from

the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, 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. I would like to formally submit for an exemption from part 21,

subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b),

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14

CFR). This proposed exemption would allow the operation of unmanned aircraft systems (UAS) for the

purpose of aerial videography and photography for documentary filmmaking, real estate purposes and

events.

Applicant: 

Bert Simonis

Managing Partner

This ‘n That Films

1717 E. Vista Chino, Suite A7-162

Palm Springs, CA 92262

bert@thisnthatfilms.net

760-459-5055

Commercial operation of an UAS, as described herein, which are equipped with camera and sensors,

would operate in the following manner:

• Aerial photography and/or video for public and/or private use including documentary film making, 

real estate and other related professional activities.

• Aerial video and/or photography for public and/or private use including public and private events. 

As described fully below, the requested exemption would permit the operation of a UAS under controlled

conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) will provide safety

enhancements to the already safe operations in the industry presently using conventional aircraft. Approval

of this exemption would thereby enhance safety and fulfill the Secretary of Transportation responsibilities

to “....establish requirements for the safe operation of such aircraft systems in the national airspace

system.” 

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a PHANTOM 2

UAS. We will operate a UAS, the DJI Phantom 1, and an attached HD camera and a transportable ground

station. 

The PHANTOM 1 is a quad-copter with a gross weight of 2.6 pounds. It is equipped with four rotors that

are driven by electric motors powered by batteries. The UA has a maximum airspeed of 10 m/s. It will be

operated over various rural and metropolitan areas, primarily around Palm Springs, CA, to assist with our 

production of documentary films, to augment real estate listing videos, and related business operations.
UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption, which ensures a level

of safety at least equal to existing rules: 

 operate UAS below 300 feet and within a radius distance of 1000 feet from the controller to aid in 

direct line of sight visual observation; 

 obtain permission from the owner/controller of any vessels, vehicles and structures when 

operations may be conducted closer than 500 feet to any such vessels, vehicles or structures; we 

will conduct a safety assessment of the risk of operating closer to those objects and determine that 

it does not present an undue hazard; 

 operate the UAS for 5110 minutes per flight; 

 land UAS prior to the manufacturer’s recommended minimum level of battery power; 

 operate UAS during daylight hours only within visual line of sight (VLOS); • use the UAS’ global 

positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if 

communication with the remote control pilot is lost; 

 conduct all operations under the flight safety protocols (including posting a warning sign reading: 

“Attention Aerial Photography in Progress – Remain Back 150 feet”) contained in the operating 

documents and will actively analyze flight data and other sources of information to constantly 

update and enhance safety protocols; 

 contact respective airports if operations will be within 5 miles to advise them of his estimated 

flight time, flight duration, elevation of flight and other pertinent information; 

 always obtain all necessary permissions prior to operation; have procedures in place to abort 

flights in the event of safety breaches or potential danger; 

 only operate in safe environments that are strictly controlled, are away from power lines, elevated 

lights, airports and densely populated areas (defined by areas depicted in “yellow” on VFR charts 

and through obtaining information regarding congested areas from the local Flight Standards 

District Office (FSDO); 

 conduct extensive preflight inspections and protocols, during which safety carries primary 

importance (reference PHANTOM Flying Flow Chart and User Manual). 

Regarding UAS operational training, we have flown numerous practice flights in remote areas as hobbyists

simulating flights for future commercial use to gain familiarization with the characteristics of the UAS’

performance under different temperature and weather conditions. 

Any PIC operating our UAS will have accumulated and logged, in a manner consistent with 14 CFR

61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot

with a multi-rotor UAS. The PIC will also have accumulated and logged a minimum of 5 hours as a UAS

pilot operating the same make and model of UAS to be used for operations. In addition to the hour

requirements, the PIC will accomplish 3 take-offs and landings in the preceding 90 days (for currency

purposes) prior to any flight. 

Specific Exemptions Requested 

Given the size, weight, speed, and limited operating area associated with the UA, we feel an exemption

from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) (Certifications

required), subject to certain conditions and limitations, is warranted and meets the requirements for an

equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112d95 (Section 333). 

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin,

cockpit or pilot station on which to mark certain words or phrases. Further, the two-inch lettering is 

difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement.

Regardless of this, we can mark the UAS in the largest possible lettering by placing the word

“Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings. 
We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an

airworthiness certificate, since there is currently no certificate applicable to our operation, this regulation is

inapplicable. 

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance

inspections since they only apply to aircraft with an airworthiness certificate. However, as a safety

precaution we will perform a preflight inspection of the UAS before each flight as outlined in the attached

operating documents. 

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, however

since there are no pilots or passengers on board the aircraft and given its size, this regulation is

inapplicable. We believe an equivalent level of safety will be achieved by maintaining a safety/flight

manual with the UAS ground station. 

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil aircraft,

but it allows helicopters to be operated at lower altitudes in certain conditions. We will not operate our

UAS above the altitude of 300 feet above ground level (AGL) and will also only operate in safe areas

away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in

relation to minimum safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, an 

equivalent or higher level of safety will be achieved.

We request an exemption from § 91.121 Altimeter settings, as it is inapplicable since the UAS utilizes

electronic GPS with a barometric sensor. 

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The UAV is

100% electric and two low battery alerts are issued d per the operating documents, the UAV will be landed

at the first alert. Also, our flights will last only 5-10 minutes each, and the UAS has an automated function,

which results in immediate landing when a low battery is detected. The PIC will not begin a flight unless

(considering wind and forecast weather conditions) there is enough power to fly to the first point of

intended landing and, assuming normal cruising speed, land the UA with 30% battery power remaining. 

Public Interest 

In addition to our use for photography for production of documentary films, aerial photography and

videography for real estate and events are proven strategies to enhance marketing efforts and increase

business success. The industry is not new. However, until recently it was conducted through the use of

costly manned aircraft, a prohibitive business activity for small companies. By granting this exemption I

would be able to provide affordable services. 

Further, the small UAS will pose no threat to the public given its small size and lack of combustible fuel

when compared to larger manned aircraft. Additionally, the operation of our UAS will minimize harm to

the environment economic growth by providing information to companies and the public looking to

relocate or build in the metro areas we service. Public and private events serviced by our business enhance

vibrancy and add culture to the community and its citizens. 

Summary 

We will comply with all of the following conditions and limitations should this exemption be provided: 

1) Operations will be limited to the following aircraft described in the operating documents, which is a

quad-rotor aircraft weighing 2.6 pounds: Phantom 1 Unmanned Aircraft System. 

2) The UA will not be flown at an indicated airspeed exceeding 50 knots. 

3) The UA will be operated at an altitude of no more than 400 feet above ground level (AGL), All altitudes 

reported to ATC must be in feet AGL. 

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times. 

5) All operations will utilize a visual observer (VO). The UA will be operated within the visual line of sight

(VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times. The

PIC will be designated before the flight and will not transfer his or her designation for the duration of the

flight. The PIC will ensure that the VO can perform the functions prescribed in the operating documents. 
6) The operating documents will be accessible during UAS operations and made available to the 

Administrator upon request. Any revisions to the operating documents will be presented to the

Administrator upon request. 

7) Prior to each flight, the PIC will 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 will not be operated until

the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

The Ground Control Station will be included in the preflight inspection. All maintenance and alterations

will be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the

functional test flight will make an entry in the aircraft records. 

9) The pre-flight inspection section in the operating documents will account for all discrepancies, i.e.

inoperable components, items, or equipment, not already covered in the relevant sections of the operating

documents. 

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement,

inspection, and life limit requirements. 

11) We will carry out maintenance, inspections, and record keeping requirements, in accordance with the

operating documents. Maintenance, inspection, and alterations will 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 will comply with all manufacturer Safety Bulletins. 

13) An authorized person will make an entry in the aircraft record of the corrective action taken against

discrepancies discovered between inspections. 

14) Prior to operations conducted for the purpose of aerial videography/photography and for real estate

listing videos and public and private events and similar operations, the PIC will have accumulated and

logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 

15) Prior to operations conducted for the purpose of aerial videography/photography and for real estate

listing videos and public and private events and similar operations, the PIC will have accumulated and

logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the

make and model of the UAS to be used in operations. The PIC will accomplish 3 take-offs and landings in

the preceding 90 days. 

16) The PIC will not operate the UAS for the purpose of aerial videography/photography and for real estate

listing videos and public and private events and similar operations, unless the PIC has demonstrated and

logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner

consistent with the operating documents, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures. 

17) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be

conducted under visual meteorological conditions (VMC). 

18) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a current

FAA-published aeronautical chart.

19) The UA will 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. 

20) If a UA loses communications or loses its GPS signal, it will return to a predetermined location within

the planned operating area and land or be recovered in accordance with the operating documents. 

21) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance with the

operating documents. 

22) The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is

enough power to fly at normal cruising speed to the intended landing point and land the UA with 30%

battery power remaining. 

23) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA)

prior to conducting any operations, and also request a Notice to Air-man (NOTAM) not more than 72

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

25) Before conducting operations, the radio frequency spectrum used for operation and control of the UA

will comply with the Federal Communications Commission (FCC) or other appropriate government

oversight agency requirements. 26) The documents required under14 CFR 91.9 and 91.203 will be available
to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents will

be made available to the Administrator or any law enforcement official upon request. 

26) The UA will remain clear and yield the right of way to all manned aviation operations and activities at

all times. 

27) The UAS will not be operated by the PIC from any moving device or vehicle. 

28) The UA will not be operated over congested or densely populated areas. 

29) Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels,

vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect non-participating persons from the UA

and/or debris in the event of an accident. We will ensure that non-participating persons remain

under such protection. If a situation arises where non-participating persons leave such protection

and are within 500 feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such

vessels, vehicles or structures has granted permission 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, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue

hazard to those persons per § 91.119(a). 

30) All operations will be conducted over private or controlled-access property with permission from the

land owner/controller or authorized representative. Permission from land owner/controller or authorized

representative will be obtained for each flight to be conducted. 

31) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the

operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office

(AFSd80) within 24 hours.

Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained

on the NTSB Web site: www.ntsb.gov. If you have questions or need additional information, please contact

me at bert@thisnthatfilms.net or (760) 459-5055. 

Thank you, 

Bert Simonis

Managing Partner

This ‘n That Films