U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

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

Federal Aviation Regulations from 14 C.F.R. 61.113(a) & (b); 91.119(c); 91.151(a); 91.405(a); 

91.407(a)(1); 91.409(a)(2);91.417(a) & (b).

Dear Sir or Madam:

Commercial real estate development is vital to every region’s economy. From site identification 

to ceremonial ribbon cutting. Each phase of construction can benefit from small unmanned 

aerial vehicles (AirCam Productions).

As an industry, commercial construction has continually embraced

technology as a means to improve productivity and output quality. The

following are a few examples of the advantages that AirCam Productions may

provide. These examples also serve to satisfy the question; Why the

AirCam Productions operation would be in the public interest?

1) First, and most importantly is safety. In the United States

construction continues to be one of the most dangerous industries in

our economy. Allowing AirCam Productions operations on construction sites enables

safety managers to gain valuable, on demand, aerial images. As a

result, safety managers can identify possible hazards that may

jeopardize worker health.

2) AirCam Productions operations can aid construction site agents in

environmental compliance.

3) AirCam Productions operations can provide historical visual 

documentation of construction progress. Additionally, an

accurate aerial perspective can serve to resolve schedule

disputes.

4) AirCam Productions operations can enhance stakeholder communication.

5) AirCam Productions operations can provide Insurance documentation.

6) AirCam Productions operations can optimize asset management.

AirCam Productions, LLC Petitions the Federal Aviation Administration to conduct AirCam 

Productions flights over construction sites during all phases of development. This would also 

include preliminary property surveying. UAS flights will be used to capture aerial photos

for the purpose of creating orthomosaics (image maps). The image maps will be used to 

compute volume, create 3D models, DSM’s, DTM’s, profile and contour lines. Post flight editing 

of orthomosaics will ensure that images captured are only of the proposed / active construction 

theatre.
AirCam Productions, LLC is a 100% veteran owned UAV company that specializes in aerial 

photogrammetry with AirCam Productions. Our experience in AirCam Productions operations 

and project completion gives us the expertise to conduct safe-flight AirCam Productions 

operations. AirCam Productions, LLC takes a planned tactical approach to data gathering by 

optimizing and reviewing the most efficient flight plan. This knowledge base has come through 

years of piloting, maintaining, and repairing AirCam Productions.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 C.F.R. Part 11, AirCam Productions, LLC petitions the FAA to allow safe flight operation 

of its UAVs for the purpose of conducting aerial photography and videography of construction 

sites. AirCam Productions, LLC hereby applies for an exemption from the listed Federal Aviation

Regulations (FARs) to allow commercial operation of its AirCam Productions, so long as such 

operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. 

§44701(f).

AirCam Productions, LLC has set forth conditions that are consistent with the equivalent level of 

safety set forth in Exemption 11062 and the related exemptions issued to AirCam Productions 

companies for scripted closed set filming for the motion picture and television industry.

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

unmanned and relatively inexpensive AirCam Productions 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 fields in which it will operate, 

presently using manned aircraft or ground inspection survey teams. 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:

AirCam Productions, LLC

PO Box 26550

Austin, TX 78755

Attn: Anthony Gallo

Regulations from which the exemption is requested:

14 C.F.R. 61.113(a) & (b) 14 C.F.R. 91.119(c)

14 C.F.R. 91.151(a)

14 C.F.R. 91.405(a)14 C.F.R. 407(a)(1) 14 C.F.R. 409(a)(2) 

14 C.F.R. 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(b). 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. at § 333(c)

The Federal Aviation Act, in addition to the authority granted by

Section 333 of Reform 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 Section 40101 of

the Act, which includes AirCam Productions, 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 Section 333 or any

Sections 44702-44716 of the Transportation Act if the Administrator

finds the exemption in the public interest. 49 U.S.C. § 44701(f). See

also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. §

91.203(a)(1). This authority to grant exemptions reaches such issues

as authorization of commercial operation of aircraft without a pilot’s

license.

Based upon the spirit of Section 333, and the continuing integration

of small UAS's into the NAS, AirCam Productions, LLC submits

this petition for review and approval.

AirCam Productions, LLC operates a multirotor UA

(quadcopter) weighing 1160g with payload. Maximum manufacturer’s

safe flight speed is less than 15 m/s. AirCam Productions, LLC

will not exceed 10 m/s during UAS operation.

UA will not exceed 400 ft (AGL) and will only be operated within line

of sight of the PIC and VO.

UAS flights will only be performed over proposed / active

construction sites and only with written permission by the construction

site operator or governing body overseeing the operation and safety of

the construction site.

AirCam Productions, LLC submits “UAS safe flight operations

manual”, as it pertains to construction site UAS operations

as Exhibit A.
AirCam Productions, LLC submits the “UAS manufacturer

flight and operational manual” as Exhibit B.

Operational compliance of Exhibit A and B shall insure safe flight

operations within the construction site theatre. Compliance outlined in

Exhibit A and B shall also insure safe flight UAS operations within the

NAS.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

AirCam Productions, LLC 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

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 operations normally conducted

with manned aircraft.

These limitations and conditions to which AirCam Productions

LLC agrees to be bound when conducting commercial operations

under an FAA issued exemption include:

1. The UAS must weigh less than 25 lbs., including battery

and camera. Operations will be limited to the aircraft described in

Exhibit B

2. The UA may not be flown faster than recommended by

the manufacturer. AirCam Productions, LLC will not operate

the UA faster than 10m/s.

3. UAS operations will be conducted below 400 ft above

ground level (AGL). The height of the UA will not exceed 400 ft

(AGL).

 4. UAS operations will only be conducted in class G

airspace, unless otherwise approved by the FAA.

5. The UAS will 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 third-class medical

certificate.

6. All operations must utilize a visual observer (VO). 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.

7. The operator will be bound by and follow Exhibits A & B.
Any additional requirements identified in the final conditions for

this exemption will be added to Exhibits A & B . Exhibits A & B

will be maintained and made available to the Administrator upon

request. If a discrepancy exists between the conditions and

limitations in the final exemption and the procedures outlined in

Exhibits A & B, the conditions and limitations of the exception will 

take precedence and will be followed. Otherwise, the operator

will follow the procedures as outlined in Exhibits A & B.

8. The operator will update or revise its Exhibits A & B. It

will be the operator’s responsibility to track such revisions and

present updated and revised documents to the Administrator

upon request. The operator will also present updated and

revised documents if it petitions for extension or amendment. If

the operator determines that any update or revision would affect

the basis for which the FAA granted this exemption, then the

operator will petition for amendment to their exemption. The

operator will contact the FAA’s UAS Integration Office (AFS-80)

with questions that may arise regarding updates or revisions to

Exhibits A & B.

9. Prior to each flight the PIC will inspect the UAS to ensure

it is in safe flight condition. The procedures for pre-flight

inspection and functional viability of all UAS components is

outlined in Exhibit A & B

10. 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 two

functional tests outlined in Exhibit C. The PIC who conducts the

functional tests will make an entry into the AirCam Productions maintenance

record. Specific procedures for the AirCam Productions functional tests is

submitted as Exhibit C.

11. The operator will comply with the manufacturer's

recommendations pertaining to maintenance, inspection and

replacement of UAS components. The maintenance manual,

submitted as Exhibit C, outlines these components.

12. The PIC will have at least a current private pilot

certificate and a current third-class medical certificate. The PIC

will also meet the flight review requirements specified in 14

C.F.R. § 61.56 in an aircraft in which the PIC is rated on his/her

pilot certificate.

13. Prior to operations conducted for the purpose of

gathering aerial data, the PIC will have accumulated and logged,

in a manner consistent with 14 C.F.R. § 61.51(b), a minimum of

300 flight cycles and 30 hours of total time as a UAS multirotor
aircraft pilot and at least 20 hours logged as a UAS pilot with a

similar UAS type. Prior documented flight experience that was

obtained in compliance with applicable regulations will be used

to satisfy this requirement. Training, proficiency, and experiencebuilding

flights may also be conducted under this grant of

exemption to accomplish the required flight cycles and flight

time. During training, proficiency, and experience-building flights,

all persons not essential for flight operations will be considered

non-participants, and the PIC will operate the UA with

appropriate distance from non-participants in accordance with 14

C.F.R. § 91.119.

14. Prior to any UAS operations by a grant of exemption the

PIC and VO will have completed a qualification process outlined

in Exhibit D. Exhibit D includes basic flight maneuvers, skilled

flight maneuvers, advanced flight maneuvers, and emergency

procedures. The qualifying process outlined in Exhibit D will be

implemented by a qualified person designated by the operator.

Upon request the record of qualifying completion will be made

available to the administrator.

15. Prior to operations conducted for the purpose of

gathering aerial data, a flight demonstration, administered by an

operator-approved and qualified pilot will be successfully

completed and documented. This documentation will be

available for review upon request by the Administrator. Because

the knowledge and airmanship test qualifications will be

developed by the operator, and there are no established

practical test standards that support a jurisdictional FAA Flight

Standards District Office (FSDO) evaluation and approval of

company designated examiners, the Operator will conduct these

tests In accordance with Exhibit D.

16. The UAS will not be operated directly over any person,

except authorized and consenting personnel necessary for the

purpose, below an altitude that is hazardous to persons or

property on the surface in the event of a UAS failure or

emergency.

17. Regarding the distance from participating persons,

Exhibit A establishes safety mitigations for authorized and

consenting personnel. At all times, those persons must be

essential to the AirCam Productions operation.

18. Regarding distance from non-participating persons, the

operator will ensure that no persons are allowed within 500 ft of

the area except those consenting to be involved and necessary

for the AirCam Productions operation.
 19. If the UAS loses communications or loses its Global

Positioning System (GPS) signal, the UAS will be programmed

to return to a pre-determined location within the security

perimeter and land or be recovered in accordance with the

Exhibit A&B.

 20. The UAS will abort the flight in the event of unpredicted

obstacles or emergencies in accordance with the Exhibit A&B

 21. Each UAS operation will be completed within 20

minutes of flight time or with 30% battery power remaining,

whichever occurs first.

 22. The operator will obtain an Air Traffic Organization

(ATO) issued Certificate of Waiver or Authorization (COA) prior

to conducting any operations under an exemption. The operator

will request a Notice to Airman not more than 72 hours in

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

 23. All aircraft operated in accordance with this exemption

will be identified by serial number, registered in accordance with

14 C.F.R. Part 47, and have identification (N- Number) markings 

in accordance with 14 C.F.R. Part 45, subpt.C. Markings will be

as large as practicable.

 24. The operator will develop procedures to document and

maintain a record of the UAS maintenance, preventative

maintenance, alterations, status of replacement/overhaul

component parts, and the total time in service of the UAS. These

procedures will be added to Exhibit C.

 25. Each UAS operated under this exemption will comply

with all manufacturer safety bulletins, firmware, software updates

and will be documented and updated in Exhibit A & B.

 26. Before conducting operations, the radio frequency spectrum

used for operation and control of the UA will comply with the

Federal Communications Commission (FCC).

 27. The documents required under 14 C.F.R. §§ 91.9 and

91.203 will be available to the PIC at the ground control station

of the UAS any time the aircraft is operating. These documents

will be made available to the administrator, or governing body

upon request.

 28. The UAS will remain clear and yield the right of way to

all other manned operations and activities at all times (including,

but not limited to, ultralight vehicles, parachute activities,

parasailing activities, hang gliders, etc.).
 29. UAS operations will not be conducted during night, as

defined in 14 C.F.R. § 1.1. Operations will only be conducted

under visual meteorological conditions (VMC).

 30. The UAS will not be operated by the PIC from any

moving device or vehicle.

 31. The UA will not be operated less than 500 ft below or

less than 2,000 ft horizontally from a cloud or when visibility is

less than 3 statute miles.

 32. The UA will not operate in Class B, C, or D airspace

without written approval from the FAA. The UA will not operate

within 5 nautical miles of the geographic center of a non-towered

airport as denoted on a current FAA-published aeronautical chart

unless a letter of agreement with that airport’s management is

obtained, and the operation is conducted in accordance with a

NOTAM as required by the operator’s COA. The letter of

agreement with the airport management will be made available

to the Administrator upon request.

 33. Incidents, accidents 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 Federal

Aviation Administration’s (FAA) UAS Integration Office (AFS-80)

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. Further flight operations

will not be conducted until the incident or accident is reviewed by

AFS-80 and authorization to resume operations is provided.

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 same 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 in order to

safely operate AirCam Productions. As outlined in Exhibit A, all AirCam Productions operations 

are carefully pre-planned flights with written approval from proposed /

active construction site operating agents prior to any operations. The

level of safety provided by the requirements included in Exhibits A & B

exceeds that provided by a single person holding a commercial pilot’s

certificate operating a manned aircraft. The risks associated with the

AirCam Productions operation within the operational area are so diminished from the

level of risk associated with commercial operations contemplated by

Part 61 that allowing operations of the AirCam Productions as requested with a 

private pilot as the PIC meets and exceeds the present level of safety

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

The FAA has granted exemptions for private pilots to conduct similar

operations in Exemptions 11062 through 11067 and 11080.
14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 sets forth safe altitudes for operation of civil aircraft.

Section 91.119(c) allows helicopters to be operated at less than the

minimums prescribed, providing that the person operating the

helicopter complies with any route or altitudes prescribed for

helicopters by the FAA. As this exemption is for a AirCam Productions that is similar

to a helicopter, and the exemption requests authority to operate at

altitudes up to 400 ft AGL, an exemption will be needed to allow

operations. Because the aerial data sets do not require flights greater

than 400 ft (AGL), AirCam Productions, LLC will not operate the

UA at or greater than 400 ft (AGL).

The FAA has previously granted exemptions to conduct similar

operations in Exemptions 11062 through 11067 and 11080.

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 5200mAh lithium polymer smart battery powering the AirCam Productions

provides approximately 25 minutes of flight. In order to meet the 30-

minute reserve requirement in 14 C.F.R. § 91.151, the AirCam Productions flights

would not be able to operate. Given the powered flight limitations of

the AirCam Productions within the restricted flight area of proposed / active

construction sites, a longer time frame for flight is reasonable.

AirCam Productions, LLC believes that an exemption from 14

C.F.R. § 91.151(a) falls within the scope of prior approved

exemptions. Ex. Exemption 10673. Flight operations via the AirCam Productions

within the confines of proposed / active construction sites with less

than 30 minutes of reserve fuel, does not apply to the original intent of

Section 91.151 (a), given the AirCam Productions size and speed.

AirCam Productions, LLC believes that an equal level of safety

can be achieved by limiting flights to 20 minutes or 30% of battery

power whichever occurs first. Limiting AirCam Productions flights to 20 minutes or

30% battery power allows the PIC adequate time to return the UA to

its pre-determined home landing position.

Similar exemptions have been approved for other AirCam Productions operations,

including Exemptions 2689F, 5745, 10673, 10808 and Exemptions

11062 through 11067 and 11080.

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.

The above mentioned sections and Part 43 apply only to aircraft with

an airworthiness certificate, therefore these sections do not apply to

AirCam Productions, LLC. Operational maintenance will be

performed as outlined in Exhibit C. Due to the size of the UA and its

camera an equal level of safety will be achieved. In the event of

mechanical issues, during flight operations, the UA can be safely

landed. Refer to Exhibit B failsafe procedures. As provided in Exhibits

A and B the operator will ensure that the AirCam Productions is in working order

before the start of any AirCam Productions operations. In addition, the PIC will

perform required maintenance, and keep a log of any maintenance

performed. Since the operator is the person most familiar with the

entire AirCam Productions best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. As outlined in

Exhibit C annual inspection, maintenance will be performed by an

independent third party not affiliated with AirCam Productions

LLC.

The FAA has granted exemptions for similar operations in Exemptions

11062 through 11067 and 11080. To satisfy 14 C.F.R. Part 11, the following summary is provided 

for publication in the Federal Register. AirCam Productions, LLC seeks an exemption from the 

following rules:

14 C.F.R. §§ 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)

AirCam Productions, LLC seeks approval, of the before

mentioned exceptions, in order to commercially operate AirCam Productions for the

purpose of image mapping and aerial photography of proposed

construction sites and operational construction sites.

AirCam Productions, LLC believes it's petition for exception satisfies the criteria provided in 

Section 333 of the Reform Act of 2012 (size, weight, speed, operating capabilities, proximity to 

airports and populated areas, operation within visual line of sight, and national security) provide 

adequate justification for the grant of the requested exemptions allowing commercial operation 

of AirCam Productions for the purpose of aerial data gathering over MSWLFs. AirCam 

Productions, LLC further believes that it's petition for exception exceeds the level of safety 

established in the exemptions already granted, including Exemptions 11062 through 11067 and 

11080.

Sincerely,

Anthony Gallo