38 Aerial Design 

January 13, 2016 

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 CFR 61.113(a) and (b); 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) and (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, 38 Aerial Design LLC ("38 Aerial") an operator of Unmanned Aircraft Systems ("UASs") for aerial 

photography for the motion picture and television industry, hereby applies for an exemption from the Federal Aviation 

Regulations ("FARs") to allow commercial operation of its UASs. 

On or about September 25, 2014, the FAA granted exemptions to six UAS operators, including Astraeus 

Aerial (the "Astraeus Exemption"). As set forth in 38 Aerial Flight Operations and Procedures Manual (the "FOPM") 

and Motion Picture Television Operations Manual (both submitted under separately under 14 CFR 11.35(b)), 38 

Aerial will adhere to the terms of the Astraeus Exemption. 

38 Aerial's requested exemption would permit the operation of small, unmanned UAS under controlled and 

"sterile" conditions in motion picture and television airspace that is: (i) limited, (ii) predetermined, (iii) subject to 

controlled access, and (iv) provide greater safety in connection with aircraft operations in the film and television 

industry. As established by the exemptions already granted by the FAA, approval of 38 Aerial's exemption would 

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: 

38 Aerial Design., LLC 

Attn: Eric Alan Bowling.; Ph: 573-820-2326 

Email: bbbsleeper1@me.com 

Address: 13467 County Road 437, Dexter, MO 63841 
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Regulations from which the exemption is requested: 

14 CFR 61.113(a) and (b) 

14 C.F.R. 91.103 

14C.F.R.91.119 

14 C.F.R. 91.121 

14 CFR 91.151(a) 

14 CFR 91.405(a) 

14 CFR 407(a)(1) 

14 CFR 409(a)(2) 

14 CFR 417(a) and (b) 

UASs operated by 38 Aerial Design weigh less than 55 pounds, including the payload (i.e. camera, lens, 

and gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically 

and horizontally. 38 Aerial will only operate its UASs in line of sight and will operate only within the sterile area 

described in the FOPM. Such operations will insure that the UAS will "not create a hazard to users of the national 

airspace system or the public." 

Given the small size of 38 Aerial's UASs and the restricted sterile environment within which they will 

operate, 38 Aerial's UAS operations adhere to the Reform Act's safety requirements. Additionally, due to the size of 

the UASs and the limited areas in which they will operate, approval of this application presents no national security 

issues. Based on the substantial level of safety surrounding the proposed operations, and the significant public 

benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant of the 

requested exemption is in the public interest. Accordingly, 38 Aerial respectfully requests that the FAA grant the 

requested exemption without delay. 

Aircraft And Equivalent Level Of Safety 

The operating limitations proposed by 38 Aerial provide for at least an equivalent or higher level of safety 

because operations further enhance safety of movie and television filming using conventional aircraft. 

As set forth in the FOPM, the limitations and conditions include: 

• The UASs will weigh less than 55 pounds 

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

• Maximum flight time for each operational flight will be 15 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 15 minute limit. 

• Flights will be operated at an altitude of no more than 400 feet AGL, and not more 

than 200 feet above an elevated platform from which filming is planned. 
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Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and the 

Camera Operator. 

A UAS pilot will be an FAA licensed airman with at least a private pilot's certificate and third class 

medical. 

A UAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than 

the UAS Pilot, who possesses the necessary PIC qualifications, is also present 

on set (i.e. the Aerial Coordinator), that person can also be designated as PIC. 

The UAS will only operate within a confined "Sterile Area" as defined in the FOPM . 

The FOPM requires the establishment of a "Security Perimeter" for the flight 

operations area. 

A briefing will be conducted for planned UAS operations prior to each day's flight. 

All personnel performing duties within the boundaries of the safety perimeter are 

required to attend. 

The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of 

the requested exemption, with the appropriate Flight Standards District Office 

("FSDO"). 

The operator will obtain consent of all persons involved in the filming and ensure 

that only consenting persons will be allowed within 100 feet of the flight 

operation. This radius may be reduced to 30 feet based upon an equivalent level 

of safety determination, as required under the FOPM. With the advanced 

permission of the FSDO, operations at closer range can be approved. 

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

before the proposed shoot as required in the FOPM. 

The Pilot and observer must be trained in UAS operations and have received 

current information on the particular UAS to be operated as required by the 

FOPM. 

The Observer and pilot will at all times be able to communicate by voice and/or text. 

Written and/or oral permission from the relevant property holders will be obtained . 

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. 

If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a pre-determined location within the Security Perimeter and land. 

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

emergencies. 
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14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command 

Sections 61 .113 (a) and (b) lim it private pilots to non-commercial operations. Because the 

UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have a private pilot's license rather than a commercial pilot's 

license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a groundbased operator. The operational area is controlled and restricted, and all flights are planned and coordinated in 

advance. The level of safety exceeds that provided by a single individual holding a commercial pilot's certificate 

operating a conventional aircraft. The risks associated with the use of a UAS are so diminished from the level of risk 

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

exceeds the present level of safety sought by 14 C.F.R. §61 .113 (a) and (b). 

14 C.F.R. § 91 .103: Preflight Action 

Section 91 .103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level of 

safety will be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, landing 

and takeoff distances, and aircraft performance data before commencement of flight. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91 .119 provides, in pertinent 

part, that: "except when necessary for takeoff or landing, no person may operate an aircraft below the following 

altitudes: ..... (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure." Because 3B Aerial requests authority to operate at altitudes only up to 400 AGL, and 

not more than 200 above an elevated platform from which filming is planned, an exemption is needed to allow such 

operations. Except for the limited conditions stated in the FOPM, the UAS will never operate higher than 400 AGL. It 

will, however, be operated in a restricted area within a 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, and speed of the UAS as well as the location where it is operated. No flight will be taken without the 

permission of property owners or local officials. Because of the advance notice to the property owners and 

participants in the filming activity, all affected individuals will be informed of the planned flight operations. Compared 

to flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the proposed UAS 

operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations 

of the UAS will ensure separation between a UAS and conventional aircraft. 

14 C.F.R. §91.121 Altimeter Settings 

Section 91.121 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 a UAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption is needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the FOPM and Safety Check list, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 
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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 .. . ." 

The battery powering the 38 Aerial UASs provides approximately 23 minutes of powered flight. To meet the 

30-minute reserve requirement in 14 CFR §91.151, UAS flights will not be possible. Given the limitations on the 

UAS's proposed flight area and its proposed operations within a predetermined location, a longer time frame for flight 

in daylight VFR conditions is reasonable. Furthermore, operating the UASs in a tightly controlled area where only 

people, property owners, or official representatives who have signed waivers will be allowed, less than 30 minutes of 

reserve fuel does not engender the type of risk that §91.151 (a) was intended to address. 

38 Aerial believes that safety can be achieved by limiting flights to 15 minutes or 25% of 

battery power, whichever occurs first. This restriction would be more than adequate to retum the 

UAS to its pre-determined landing zone from anywhere in its limited operating area. 

38 Aerial is not seeking an exemption for night-time UAS operations. 

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. Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to 38 Aerial operations. Maintenance will be accomplished by the operator. 

An equivalent level of safety will be achieved because the UASs are limited in size, will carry a small payload and 

operate only in restricted areas for limited periods of time. If mechanical issues arise, the UAS can land immediately 

and will be operating from no higher than 400 feet AGL. As provided in the FOPM, the operator will ensure that the 

UAS is in working order prior to flight, perform any required maintenance, and keep a log of any maintenance 

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

airworthy condition. 

Summary for Publication 

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: 

38 Aerial seeks an exemption from the following rules: 

14 C.F.R. §§ 61.113(a) and (b); 91.1 03; 91.119(c); 91 .121; 91.151 (a); 91.405(a); 

91.407(a)(1 ); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small 

unmanned vehicle (55 pounds or less) in motion picture and television operations. 
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As established by the UAS exemptions already granted by the FAA, allowing commercial operations of 

UASs in the film industry will enhance safety by reducing risk. Conventional film operations, using turbine aircraft, 

operate at low altitudes and present the risks associated with aircraft that weigh around 4,000 pounds, and which 

carry large amounts of Jet A fuel. Such aircraft must also fly to and from the film location. In contrast, a UAS weighing 

fewer than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size and lack 

of combustible fuel. The UAS is carried, and not flown, to a film set. In this regard, the UAS carries no passengers or 

crew and, therefore, will not expose them to the risks associated with manned flights. 

The operation of UASs conducted in the strict conditions outlined in the FOPM will provide an equivalent 

level of safety supporting the grant of the exemption requested herein. The UASs operate at slow speeds, close to 

the ground, and in a sterile environment. As a result, they are far safer than conventional operations conducted with 

turbine helicopters flying near the ground and people. 

All flights will occur over private or controlled access areas with the property owner's prior consent and 

knowledge. Filming will be only of people who have given their consent or otherwise have agreed to be in the area 

where filming will take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of 

sight and national security) provide more than adequate justification to grant 38 Aerials requested exemption, 

allowing for 38 Aerial's UAS commercial operations for the motion picture and television industry pursuant to the 

FOPM included herewith. 

If you have any questions or need any additional information, please contact the undersigned 

at 573-820-2326 or at bbbsleeper1 @me.com 

:;;;~~. Eric A. Bowling 

President/CEO 

38 Aerial Design LLC