August 18, 2015 

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, Square 1 Media 

Productions LLC, operator of Small Unmanned Aircraft Systems 

(“sUASs”) equipped to conduct aerial photography for the real estate 

and construction industries for planned filming projects, 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 

333.1 

As described more fully below, the requested exemption would permit 

the operation of small, unmanned and relatively inexpensive sUAS 

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 real estate and 

construction industries presently using conventional aircraft. 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: 

Square 1 Media Productions LLC

Attention: Brandon Monzyk

Phone: 314.808.2233

Email: brandon@s1mediaproductions.com

Address: 271 Spring Oaks Drive, Ballwin, MO 63011
 

Regulations from which the exemption is requested: 

14 CFR Part 2114 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. 91.10314 C.F.R. 

91.10914 C.F. R. 91.11914 C.F.R. 91.12114 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 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)2. 

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). 

Square 1 Media’s sUASs are rotorcraft, weighing 5lbs or fewer,

including payload. They operate, under normal conditions at a speed 

of no more than 35 mph 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 the sterile area 

described in the sUAS’s OPERATIONS MANUAL, attached as Exhibit 1 

(hereinafter “the Manual”)3. Such operations will insure that the sUAS 

will “not create a hazard to users of the national airspace system or 

the public.”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 aerial photography

operations, the grant of the requested exemptions is in the publics’

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 represent a safety 

enhancement to the already safe movie and television filming 

operations conducted with conventional aircraft. 
 

These limitations and conditions to which Square 1 Media Productions 

LLC agrees to be bound when conducting commercial operations under 

an FAA issued exemption include: 

1. The sUAS will weigh less than 10 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 filming is planned.

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

Pilot as well as the Visual Observer with sUASs always in site.

6.  sUAS Pilot will be Pilot in Command (PIC). If a pilot 

certificate holder other than the sUAS Pilot, who possess the 

necessary PIC qualifications, is also present on set (i.e. the Aerial 

Coordinator), that person can also be designated as PIC. 
7. The UAS will only operate within a confined “Sterile 

Area” as defined in the Manual. A “Security Perimeter” for the 

flight operations area will be determined prior to flight.

8. 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 who will be performing duties 

within the boundaries of the safety perimeter be present for this 

briefing.

9. The operator will obtain the consent of all persons involved in the 

filming and ensure thatonly 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, as required by Section C of the Manual. With the 

advanced permission of the relevant FSDO, operations at closer 

range can be approved.

10. The operator will submit a written Plan of Activities to the 

FSDO three days before the proposed shoot.

11. 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.

12. Observer and pilot will at all times be able to communicate 

verbally. 
13. Written and/or oral permission from the relevant property 

holders will be obtained.

14. 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.

15. If the sUAS loses communications or loses its GPS signal, 

the UAS will have capability to return to a pre- determined 

location within the Security Perimeter and land.

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

unpredicted obstacles 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 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 10 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, pursuant to the 

Manual’s requirements, 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 aerial 

photography, 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 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) limit 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 this small UAS. Unlike a conventional aircraft that carries the 

pilot and passengers, the sUAS is remotely controlled with no living 

thing on board. The area of operation is controlled and restricted, and 

all flights are planned and coordinated in advance as set forth in the 

Manual. The level of safety provided by the requirements included in 

the Manual exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. The 

risks associated with the operation of the sUAS are so diminished from 

the level of risk associated with commercial operations contemplated 

by Part 61 when drafted, that allowing operations of the sUAS as 

requested with a private pilot as the PIC exceeds the present level of 

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

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 and the requirements contained in the 

Manual for maintenance and use of safety check lists prior to each 

flight, as set forth in Sections I and J, 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. An equivalent level of safety will be provided as set forth in 

Sections H and K of the Manual. 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. 

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, except for the limited conditions stated in the Manual, the 

UAS will never operate at higher than 400 AGL. 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 as set forth in Section H of the 

Manual. 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 aerial photography industry. In addition, 

the low-altitude operations of the sUAS will ensure separation between 

these small-UAS operations and 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 Manual and Safety Check list, 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 night 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. 

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 morethan 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 

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 and operating handbook as referenced in the Manual (See Section 

8). 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. As provided in the 

Manual, 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. 

*********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 and television 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 

shown below). Such aircraft must fly to and from the aerial 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 aerial set 

and not flown. 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, 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 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. 
Aerial filming is currently conducted in both day and night 

environment, as flown today in highly populated and/or urban areas, 

with turbine powered helicopters. The grant of this exemption request 

will provide improved safety in both day and night operations. 

Night operations will also be conducted by sUASs. Such operations are 

fully lighted so that visibility is as though filming was conducted 

during daylight hours. 

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 and television industry pursuant 

to the Manual appended hereto. 

Sincerely,

Brandon C. Monzyk

Square 1 Media Productions LLC

314.808.2233