Metastyle Films – Section 333 Exemption Petition 

August 31st, 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 of the Federal Aviation 

Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(a); 91.9(b) (2); 

91.103(b); 91.109; 91.119(a)(b), 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) 

(1); 91.409(a) (2); 91.417(a)&(b); 14 C.F.R. 407(a)(1); 14 C.F.R. 409(a)(2); and 14 

C.F.R. 417(a)&(b) 

Attn: to whom may concern, 

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

“Reform Act”) and 14 C.F.R. Part 11, Metastyle Films the owner and operator of the DJI Inspire 

1 quad-copter Unmanned Aircraft System (UAS), seeks an exemption from the Federal Aviation 

Regulations. 

(“FARs”) listed below so that Metastyle Films can operate our small ultra-light weight UAS 

commercially in airspace regulated by the Federal Aviation Administration (“FAA”). 

(Pilot in Charge [PIC]) and a visual observer (VO)that can perform the functions prescribed in 

the operating manual for all flights under this Exemption, if granted. 

The requested exemption would support an application for a commercial Certificate of 

Authorization to use the system to perform aerial mapping to enhance academic community 

awareness, augment real estate listing videos, filmmaking, golf course, mapping, agricultural 

mapping, and photogrammetry for various industries. 

Use of the DJI Inspire 1 UAS for aerial mapping reduces the need to operate conventional 

aircraft for the same purpose and provides very high quality imagery at a fraction of the dollar 

cost and danger to human life of using conventional aircraft. Note; the VO will not be operating 

the UAS. 

By approving these exemptions, the FAA will create benefits through safer survey methods by 

UAS, resulting in decreased potential for loss of life and enhanced efficiency and productivity for 

the affected activities, as well as environmental benefits, which are all ultimately in the public 

interest. 

Committed to safety with each flight, Metastyle Films's, exemption request would permit 

operation of ultra-light weight, unmanned (piloted by remote control) and comparatively 

inexpensive UAS in tightly controlled and limited airspace. Currently, similar lightweight, remote 

controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or 

controls in place to prevent catastrophe. In addition, Douglas Trudeau (Exemption No. 11138) 

and Slugwear, Inc (Like On A Tree; Exemption No. 11157) were granted exemptions for these 

types of surveys with the DJI Inspire 1. Metastyle Films has created and will follow its UAS 

Flight Protocols and Controls for safe operation to avoid and prevent public hazard, as well as 

manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to 

lightweight UAS's specific video and photography usage as Metastyle Films records flight data 

and other information gained through permitted flight operations to share with the FAA through 

any required FAA reports to assist with future protocol and safety regulation. 
Granting Metastyle Films request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate UAS's into the national 

airspace system, but to “...establish requirements for the safe operation of such aircraft systems 

[UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the 

use of UAS's for real estate/Realtor purposes. Further, Metastyle Films, will conduct its own 

operations in compliance with the protocols described herein or as otherwise established by the 

FAA. 

For the reasons stated below, Metastyle Films, respectfully request the grant of an exemption 

allowing Metastyle Films to operate ultra-light weight, remote controlled UAS’s for community 

awareness, enhance real estate listing videos for homeowners, filmmaking, golf course, 

mapping, agricultural mapping, and photogrammetry for various industries. All of which will 

promote local economic growth through increased employment and increased tax base. Both 

with public safety in mind by keeping heavier manned aircraft containing combustible fuel that 

that poses potential public hazard. 

Contact Information: 

Steven Cassingham

Metastyle Films

1550 Graham Hill Road

Santa Cruz, CA 95060

Mobile: (831) 325-5100

Email: 

steve@metastylefilms.com
II The Specific Sections of Title 14 of the Code of Federal Regulations From Which 

Metastyle Films Requests Exemption are: 

14 CFR part21; 

14 CFR 45 23 (b); 

14 CFR 91, et seq; 

14 CFR 407 (a)(1) 

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b). 

III The Extent of relief Metastyle Films seeks and the Reason Metastyle Films Seeks Such 

Relief: 

Metastyle Films submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 

331-334, seeking relief from any currently applicable FARs operating to prevent Metastyle Films 

contemplated commercial cinematic, academic and other flight operations within the national 

airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the public’s interest to do so. 

Metastyle Films's, ultra-light weight UAS meets the definition of “small unmanned aircraft” as 

defined in Section 331 and therefore the integration of Metastyle Films's ultra-light weight UAS 

is expressly contemplated by the Reform Act. 

Metastyle Films would like to operate its ultra-light weight UAS prior to the time period by which 

the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing 

direct experience and valuable information for formal regulation that can be administered 

uniformly to all agriculture, mapping, and real estate related UAS aerial video and photography. 

The Reform Act guides the Secretary in determining the types of UAS's that may operate safely 

in our national airspace system. Considerations include: The weight, size, speed and overall 

capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated 

areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of 

these items reflect in favor of an exemption for Metastyle Films. 

Metastyle Films’s UAS utilizes four (4) counter-rotating propellers for balance, control and 

stability. Weighing less than five (5) pounds (far below the maximum 55 pound limit);including 

camera with gimbal. Metastyle Films’s UAS is equipped with a compass, GPS, auto return 

safety technology if communication is lost between the UAS and the controller, Real-Time Fight 

Data Display, and a No Fly Zone software default setting to force the device to abide by 

International Civil Aviation Organization regulations. 

Metastyle Films considers safety as foremost with each flight. Metastyle Films’s small UAS is 

designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For 

safety, stability and fear of financial 

loss, Metastyle Films will not fly in winds exceeding 16 kph (10 mph) nor exceed an indicated 

airspeed of 29 knots (15 m/s).DJI’s “No Fly Zone”: Two classes in this mode limit the DJI Inspire 

1’s ability to fly near restricted airport air space. Class A will not allow the UAS to take off within 

1.5 miles of the GPS location of an airport. Class B will has incorporated an increasing height 

limit from 35 feet AGL at 1.5 miles from an airport, increasing to 400 feet at 5 miles an airport. 

The UAS control system will also automatically warn the PIC when the UAS has approached 

within 330 feet of the 5-mile buffer zone around an airport. This software will also not allow the 

user to set GPS waypoints within 5 miles of the 5-mileNo Fly Zone around an airport. For further 

details, visit http://www.dji.com/fly-safe/category-mc 

Built-in safety Real-Time Flight Data includes UAS flight height, horizontal speed, vertical speed, 

and distance from the PIC. 

Built-in safety systems include a GPS mode that allows Metastyle Films’s UAS to hover in place 

when radio controls are released. With three modes to choose from, Metastyle Films will utilize 
the Smart Mode for aerial videography/photography. This is the safest, most reliable and stable 

mode to prevent accident and hazard. When PIC communication is lost, Metastyle Films’s UAS 

is designed to slowly descend to point of take-off (Return to Home). Metastyle Films will not 

operate the UAS near Airports, Hospitals, nor Police heliports, and will not operate near areas 

where general public is within fifty to one hundred (50-100) yards depending on location, 

conditions and weather. Metastyle Films’s PIC and VO will be on constant alert for any manned 

aircraft (Police/Medical helicopters, etc.) or other UAS, and prepared to land/abort immediately 

to the nearest and safest ground point should a manned aircraft or UAS approach Metastyle 

Films's location, or Metastyle Films suspects manned aircraft or UAS may approach near our 

location. Metastyle Films’s UAS is capable of vertical and horizontal operations, and is only 

flown within the line of sight of both the PIC and VO. Utilizing battery power rather than 

combustible fuels, flights with Metastyle Films’s UAS generally last between five (5) to seven 

minutes, with an altitude under 400 feet. 

Metastyle Films will utilize a fresh fully charged battery with each flight as a safety precaution; 

full flight time limit for each battery is nine (9) to 12 minutes as tested. Metastyle Films will not 

operate our UAS at or below manufacturer recommend minimum charge levels for operation; 

preferring to remain well within a safe operating range to insure adequate communication 

between radio control and UAS to eliminate potential for crash, loss of control or hazard. 

Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level 

of operation.Metastyle Films does not believe in taking risk that may cause a crash that could 

create hazard to the public/property/manned aircraft, and have no desire to lose an investment. 

Metastyle Films has clocked numerous practice flights in remote areas as a hobbyist simulating 

flights for future commercial use to gain familiarization with the characteristics of this specific 

UAS's performance under different temperature and weather conditions. Metastyle Films also 

practices computerized simulated flights to maintain adequate skills and response reflex time, 

for the sake of safety. Metastyle Films is extremely cautious when operating any UAS and will 

not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 

(b). 

Given the small size and weight of Metastyle Films’s UAS, it falls well within Congress’s 

contemplated safety zone when it promulgated the Reform Act and the corresponding directive 

to integrate UAS's into the 

national airspace system. Metastyle Films UAS, used in hobby flight, has a demonstrable safety 

record and does not pose any threat to the general public or national security. 

IV. How Metastyle Films’s Request Will Benefit the Public As A Whole: 

Aerial videography for geographical awareness in real estate, filmmaking, golf course, mapping, 

agricultural mapping, and photogrammetry for various industries has been around for a long 

time through manned fixed wing aircraft and helicopters. For small budget companies, farms 

and average homeowners, the expense of manned aerial videography is cost prohibitive. Only 

large companies can afford to absorb such expense, this depriving the remainder of the public 

from a valuable marketing a and mapping tool. 

V. Reasons Why Metastyle Films’s Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

Metastyle Films’s exemption will not adversely affect safety. Quite the contrary, for the reasons 

stated, permitting Metastyle Films to log more flight time in FAA controlled airspace, with 

communication with the FAA, will allow us to contribute to the innovation and implementation of 

new and novel techniques for realtors, filmmaking, golf courses, agricultural mapping, and 

photogrammetry for various industries as well as continuing to educate the public through 

publishing articles. In addition, Metastyle Films submits the following representations of 
enhancements to current aerial videography and photography for real estate, filmmaking, golf 

courses, agricultural mapping, and photogrammetry for various industries: 

Metastyle Films’s UAS weighs less than 10 pounds complete with a small ultra-light weight high 

quality camera; Metastyle Films will only operate this UAS below 400 feet, as recommended by 

the FAA Modernization and Reform Act of 2012; Metastyle Films’s UAS will only operate for 10 

minutes per flight; Metastyle Films will land this UAS prior to manufacturer recommended 

minimum level of battery power, 30% battery power remaining. Also, Metastyle Films’s UAS has 

an automated function which results in immediate landing when a low battery is detected; 

Metastyle Films will pilot this UAS through remote control by line of sight; Metastyle Filmss UAS 

has GPS-controlled autopilot system to maintain UAS stability and control, Metastyle Films's 

UAS has an Auto Return-to-Home & Landing function to increase safe return of the UAS to the 

ground, A pre-programmed flight safety feature whereby Metastyle Films’s UAS automatically 

hovers and then slowly lands if communication with the remote control pilot is lost; Metastyle 

Films will actively analyze flight data and other sources of information to constant update and 

enhance safety protocols; Metastyle Films will only operates in reasonably safe environments 

that are strictly controlled and are away from: power lines, elevated lights, airports and actively 

populated areas; Metastyle Films will conduct extensive pre-flight inspections and protocol 

review, during which safety carries primary importance; Any maintenance or alterations of 

Metastyle Films’s UAS that could affect operation or flight characteristics will require a functional 

test flight before returning to work; Metastyle Films will always obtain all necessary permissions 

prior to operation, Including issuing a notice to airmen(NOTAM)prior to operations; and, 

Metastyle Films will have procedures in place to abort flights in the event of safety breaches or 

potential danger. 

In recognition of the FAA’s Exemption No. 11062, and specifically Exemption No. 11138 for the 

same UAS model (DJI Inspire 1); prior to conducting operations for the purpose of aerial 

photography/videography, Metastyle Films’s PIC will have accumulated 25 hours of total time as 

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

operations, Metastyle Films’s PIC must also have accumulated a minimum of 5 hours as a UAS 

pilot operation the DJI Inspire 1. In addition to the hour requirements, the PIC must accomplish 

3 take-offs and landings in the preceding 90 days (for currency purposes). Metastyle Films’s, 

safety protocols provide a level of safety equal to or exceeding existing rules. It is important to 

note that absent the integration of commercial UAS into our national airspace system, 

helicopters are the primary means of aerial video and photography for community awareness 

and real estate. While the safety record of such helicopters is astounding, there has been local 

incidents involving loss of life as well as extensive property damage; it is far safer to operate a 

battery powered ultra-light weight UAS. 

First, the potential loss of life is diminished because UAS's carry no people on board and 

Metastyle Films will only operate its UAS in specific areas away from mass populations. 

Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly 

diminished. 

Third, the small size and extreme maneuverability of Metastyle Films’s UAS allow the PIC to 

remotely pilot away from and avoid hazards quickly and safely . Lastly, given its small size and 

weight, even when close enough to capture amazing images, Metastyle Films’s UAS need not 

be so close to the objects they are focused on through the technology and use of post editing 

software allowing pan and zoom. Accordingly, Metastyle Films’s UAS has been experimentally 

operated for familiarization/competency and will continue to operate at and above current safety 

levels. Furthermore, Metastyle Films’s PIC has accumulated 25 hours of total time as a UAS 

multi-rotor pilot. Metastyle Films’s PIC has also accumulated more than 5 hours as a UAS pilot 

operation the DJI Inspire 1. 
VI A Summary The FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.14 C.F.R. 

Part 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement 

of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and 

enclosed operational area of Metastyle Films’s UAS permits exemption from Part 21 because 

Metastyle Films’s UAS meets (and exceeds) an equivalent level of safety pursuant to Section 

333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness 

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform 

Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas 

such as airports and dense populations. Metastyle Films’s current UAS meets or exceeds each 

of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. However, Metastyle Films’s PIC will still ensure that the UAS is in an airworthy 

condition based on compliance with the operating documents prior to every flight. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board 

pilots or passengers, and given the size of the UAS, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating 

areas where safety can be defined 

. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 

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

Metastyle Films’s UAS operations manual will be kept in a location accessible by Metastyle 

Films’s PIC. 

14 C.F.R. § 91.103 regarding preflight action. Metastyle Films’s PIC will take certain actions 

before flight to ensure safety of the flight. These will include reviewing weather, flight battery 

requirements, landings, and takeoff distances and aircraft performance data before initiation of 

the flight. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Metastyle Films’s UAS 

utilizes electronic GPS with a barometric sensor. According to the manufacturer of Metastyle 

Films’s UAS, the GPS sensor is accurate to 2.6 feet Vertical and 8.2 feet Horizontal. These 

accuracies are adequate for Metastyle Films to safely operate the UAS for its exempted 

purposes. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level 

of safety will be achieved by maintaining any such required certifications and registrations by 

Metastyle Films in a location accessible by Metastyle Films’s PIC. 

B. 14 C.F.R. § 45.23: Marking of The Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. Metastyle Films’s UAS, by definition, is unmanned. Therefore the UAS does not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, twoinch lettering is difficult to place on such small aircraft with dimensions smaller that minimal 

lettering requirement. The FAA has previously issued exemptions to this regulation through 

Exemptions Nos. 8738, 10167, 10167A and 10700.C. 14 C.F.R. 91.119: Minimum Safe 

Altitudes. 

14 C.F.R. § 91.119(a) and (b) prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. Metastyle Films’s UAS will 

never operate at an altitude greater than 400 AGL; safely within the standard 400 AGL as 

recommended by the FAA Modernization and Reform Act of 2012. Metastyle Films will however 
operate its UAS in safe areas away from areas depicted in “yellow” on VFR charts, providing a 

level of safety at least equivalent to or below those in relation to minimum safe altitudes. 

Metastyle Films will conduct all operations under Metastyle Films’s Protocols and Controls , 

including posting a warning sign reading: “Attention Aerial Photography in Progress – Remain 

Back 150 Feet”. Metastyle Films will operate its UAS in accordance with Exemption No. 11109, 

which may require the UAS be operated closer than 500 feet to essential persons. Nonparticipating persons must remain at appropriate distances (500 feet) from the UAS, and if they 

need to be closer than 500 feet, non-participating persons will remain behind barriers or 

structures that can 

sufficiently protect them from the UAS debris in the event of an accident. Given the size, weight, 

maneuverability and speed of Metastyle Films’s UAS, an equivalent or higher level of safety will 

be achieved 

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

The above-cited Regulations require, amongst other things, aircraft owners and operators to 

“have [the] 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. . . .” 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to Metastyle Films’s UAS. However, as a safety precaution Metastyle Films’s 

PIC and VO will inspect Metastyle Films’s UAS before and after each flight. 

A Summary the FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 

21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR § 91.203(a)(1).The size, weight and 

enclosed operational area of Metastyle Films’s UAS permits exemption from Part 21 because 

Metastyle Films’s UAS meets an equivalent level of safety pursuant to Section 333 of the 

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas 

such as airports and dense populations. Metastyle Films’s UAS meets or exceeds each of the 

elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the 

aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA 

has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and 

curative measures for any damaged hardware. Therefore, an equivalent level of safety will be 

achieved. 

In summary, Done Shot seeks an exemption from the following 

Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 

(b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119 (a)(b); 14 C.F.R. § 91.121; 

14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 

91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 

(a) & (b) to commercially operate Metastyle Films’s small unmanned vehicle/lightweight 

unmanned aircraft vehicle in community awareness, real estate operations, filmmaking, golf 

course mapping, agricultural mapping, and photogrammetry for various industries and to 
develop economic platforms for real estate and golf courses. Currently, area awareness, 

filmmaking, real estate aerial videography/photography, golf course mapping, agricultural 

mapping, and photogrammetry for various industries relies primarily on the use of larger aircraft 

running on combustible fuel, posing potential risk to the public. Granting Metastyle Films’s 

request for exemption will reduce current risk levels and thereby enhance safety. Metastyle 

Films’s UAS craft does not contain potentially explosive fuel, is smaller, lighter and more 

maneuverable than conventional real estate video and photographic aircraft with much less 

flight time. Further, Metastyle Films will operate at lower altitudes and in controlled airspace 

eliminating potential public risk flying to and from established air fields. Metastyle Films has 

been informally analyzing flight information and will compile safety protocols and the 

implementation of a flight operations manual for real estate usage that exceeds currently 

accepted means and methods for safe flight. Formal collection of information shared with the 

FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA 

Modernization and Reform Act of 2012. 

There are no personnel on board Metastyle Films’s UAS and therefore the likelihood of death or 

serious bodily injury is significantly diminished. Metastyle Films’s operation of its UAS, weighing 

less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent 

level of safety as that achieved under current FARs. Accordingly, Metastyle Films respectfully 

request that the FAA grant Metastyle Films’s exemption request and Metastyle Films is willing to 

cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general 

public at large. 

Respectfully submitted,

Steven Cassingham

Metastyle Films

1550 Graham Hill Road

Santa Cruz, CA 95060

Mobile: (831) 325-5100

Email: 

steve@metastylefilms.com