Logan Spencer

Phone: 1-808-561-3912

Email: paddler0@icloud.com

June 23rd, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DH 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 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 91.9 

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

Dear Sir or Madam,

Pursuant to section 333 of the FAA modernization and Reform Act of 2012 and 14 C.F.R. Part 

11, 1-Eighty Captures LLC, operator of Small Unmanned Aircraft Systems (“sUASs”) for 

conducting aerial photography and videography for private clients, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial 

operations 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.

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

unmanned and relatively inexpensive sUAS under controlled conditions in the national airspace 

system (“NAS”) that 1) limited 2) predetermined 3) controlled as to access. Approval of this 

exemption fulfill the Secretary of Transportation’s responsibilities to “...establish requirements 

for the safe operations of such aircraft systems in the national airspace system.” Section 333(c) 

of the Reform Act.

The name and address of the applicant is:

1-Eighty Captures LLC

Logan Spencer

Ph: 808-561-3912

Email: paddler0@icloud.com

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Address: 605 Alihi Place

Kailua, HI, 96734

Regulations from which the exemption is requested:

14 CFR Part 21

14 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. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 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 rule-making requires to determine which types of sUASs 

do not create a hazard to users of the NAS or the public or pose a threat to national security in 

the light of the following:

• sUAS’s size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas

• Operation of the sUAS within visual line of sight of the operator.

Reform Act Section 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. Section 333 (c).

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 

Section 401401 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 

section (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

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

4471(a)L 49 U.S.C. Section 44704; 14 CFR Section 91.203(a)(1).

1-Eighty Captures LLC’s sUASs are rotorcraft, weighting 55 or fewer pounds including payload. 

They operate under normal conditions at a speed of no more that 50 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. They will 

operate only in lines of sight and will operate only within a predetermined and closed off 

property area. Such operation will insure that the sUASs will “not create a hazard to users of the 

national airspace system or the public” as per the Reform Act Section 333 (b).

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 sUASs to comment immediately. Also due to the size of the sUASs and the 

restricted areas in which the relevant sUASs will operate, approval of the applications 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 operation, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts, including emissions associated with allowing sUASs for 

movie and commercial videography and photography operations, the grant of the requested 

exemptions is in the public 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 limitation 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 operation are conducted on closed off property under the 

permission of the property owner or property representative.

These limitations and conditions to which 1-Eighty Captures LLC agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weight less than 55 pounds.

2. Flights will be operated within liens 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 time limit.

4. Flights will be operated at an altitude no more than 400 feet at ground level 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, and the Visual Observer.

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6. sUAS Pilot will be Pilot in Command (PIC. If the PIC deems another operator to be 

qualified with the necessary skills to be the PIC, that person cal also be designated as PIC 

provided they have a minimum of 40 hours of flight time with the sUAS. Flights will be 

operated at a lateral distance of at least 50 feet from any inhabited structures, buildings, 

vehicles, vessels, or people not associated with the operation or who have not signed a 

waiver in advance of the operation. 

7. 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 involved with the operational 

duties of the flight within the boundaries of the safety perimeter be present for this briefing.

8. The operator will file an FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office (FSDO).

9. The operator will obtain the consent of all persons involved in the filing and ensure that 

only 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. 

With the advances permission of the relevant FSDO, operations at closer range can be 

approved.

10. Pilot and observer will have been trained in operation of sUAS generally and receive up-todate information, with the FSDO.

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

12. Written and/or oral permission from the relevant property holders or property 

representatives will be obtained.

13. 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.

14. If the sUAS loses communications or loses its GPS signal, the sUAS will have the 

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

autonomously.

15. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. Section 91.203 (a)(1)

Subpart H, entitles Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR Section 91.203(a)(1). Given the size 

and limited operating area associated with the aircraft to be utilized by the Applicant, en 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under 

Part 11 and Section 222 of the Reform Act. The Federal Aviation Act (49 U.S.C. Section 4470 

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(f)) and Section 333 of the Reform Act both authorized 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 sUAS. In 

all cases, an analysis of these criteria demonstrates that the sUAS 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 that 55 pounds when 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, operation under this exemption will 

be tightly controlled and monitored by both the operator 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. These safety enhancements, which already apply to civil 

aircraft operated in connection with motion picture and television production, provide 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 demonstrated that there is no credible threat to national security posed by the sUAS 

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. Part 45.21 (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 sUAS will have no airworthiness certificate, an exemption may be needed as the 

sUAS will have no entrance to the cabin, cockpit, or pilot station on which the word 

“Experimental” can be placed. Given the size of the sUAS, two inch lettering will be impossible. 

The word “Experimental” will be placed on the fuselage in compliance with Section 45.29 (f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as 

required by Section 45.29 (f) where the pilot , observer and others working with the sUAS will 

see the identification of the sUAS as “Experimental.” The FAA has issued the following 

exemptions to this regulation to Exemptions numbered 10700, 8738, 10167, and 10167A.

14 C.F.R. Section 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 sUAS 

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 no less than 40 

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hours of flight time with the sUAS. 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.

14 C.F.R. Section 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 toe the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight, as 

set forth in Sections J, L, and Q, an equivalent level of safety will be provided.

14 C.F.R. Section 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 Section 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane of 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: Exemptions numbered 8607, 8737, 8738, 

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

14 C.F.R. Section 91.103: Preflight action.

This regulation requires each pilot in command to take certain actions before flight to ensure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, 

an exemption will be needed. 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. Section 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.

Small unmanned aerial vehicles 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 on the 2.4 gigahertz spectrum. The 

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same spectrum is used for video transmission as well. 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 Exemptions numbered 5778K & 9862A. The equivalent 

level of safety provided by the fact that neither a pilot nor passengers will be carrier in the 

aircraft and by the size and speed of the aircraft.

14 C.F.R. Section 91.119: Minimum safe altitudes.

Section 91.119 established safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less that the minimums prescribed, provided the person operating 

the helicopter complies with any router 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 feet above ground level with the exception that in circumstances where the 

sUAS is used to survey or photograph a structure whose heigh exceeds 400 feet above ground 

level, the sUAS will not be operated more than 100 feet above the highest point on the structure. 

It will however be operated in a restricted area with security perimeter, where buildings and 

people will not be exposed to operation without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well 

as the location where is it operated. No flight will be taken without the permission of the property 

owner or local officials. Because of the advance noticed to the property owner and participants in 

the filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operation with aircraft or rotorcraft weighting far more than the maximum of 

55 pounds proposed herein and the lack of flammable fuel, any risk associated with these 

operation is far less than those presently presented with conventional aircraft operating at or 

below 500 feet above ground level in the movie industry. In addition, the low-altitude operations 

of the sUAS will ensure separation between these small USA operations and the operations of 

conventional aircraft that must comply with Section 91.119.

14 C.F.R. Section 91.121 Altimeter Settings

This regulation requires that each person operating an aircraft to maintain a cruising altitude by 

reference to an altimeters 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 safety check list and live flight data monitoring, 

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

14 C.F.R. Section 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 23 minutes of safe flight time. To meet 

the 30 minute reserve requirement in 14 CFR 91.151, sUAS flights would be limited to 

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approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area 

and the location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or twilight VFR conditions is reasonable.

The applicant believes that an exemption from 14 CFR Section 91.151(a) falls within the scope 

of prior exemption. See Exemption number 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with FAR 91.151 (a)). Operating the sUAS, 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 sUAS. 

Additionally, limiting the sUAS flights to 10 minutes would greatly reduce the utility for which 

the exemption will be granted.

Application believes that an equivalent level of safety can be achieved by limiting flights to 23 

minutes or 25% of battery power— whichever occurs first. This restriction would be more than 

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 numbered 

2689F, 5745, 10673, and 10808.

14 C.F.R. Section 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part...

(a) Except as provided in Section 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) An appropriate and current airworthiness certification...

(b) No person may operate civicl aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under Section 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs no more than 55 pounds and it 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 extend they are 

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemptions numbered 9565, 9665, 

9789,9789A, 9797, 9816A, and 10700.

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

Inspections.

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These regulations require that an aircraft owner or operator “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 manual and operating handbook. An equivalent level of safety will be 

achieved because these sUASs 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 sUAS 

can land immediately and will be operating from no higher than 400 feet above ground level. The 

operator will ensure that the sUAS 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.

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the sUAS Manufacturer’s manual, as referenced in the Aircraft 

Operations Manual. As provided in the Operations Manual, the operator will ensure that the 

sUAS is in working order prior to initiating flight and perform required maintenance needed.

Additional Views and Information

The applicant, Logan Spencer, has had over 40 hours of experience in flying a DJI Phantom 3 

Professional sUAS. The applicant also conducts free-lance photography and videography. The 

addition of a sUAS opens up new perspectives and possibilities when it comes to capturing 

unique photographs and videos in a restricted, sterile environment.

Applicant seeks an exemption request from the following rules: 14 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. 91.103; 14 C.F.R. 91.109; 

14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 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) in order to 

commercially operate a small unmanned aerial vehicle of 55 pounds or less in motion picture and 

commercial photography and videography operations.

Approval of the exemptions allowing the commercial operation of sUASs commercially would 

enhance safety by reducing risk. Conventional commercial videography and photography using 

jet or piston powered aircraft around 4,000 pounds in close proximity to people and structures 

present more extreme safety risks to nearby people and structures, especially due to the fact that 

jet fuel or other fuels are being carried on board. These aircrafts must fly to and from the shoot 

location. Contrastingly, a sUAS weighing fewer than 55 pounds and powered by batteries 

eliminates virtually all of the risks given the reduced mass and lack of combustible fuels carried 

on board. The sUASs are carried to the shoot location, therefore not exposing nearby people and 

structures to the risks associated with large, manned aircraft flights.

An equivalent level of safety will be reached, provided that all flights pertain to the strict 

conditioned outlines above with the supporting grand of exemptions requested, including 

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exempting the applicant from the requirements of Part 21 and allowing commercial operations. 

These lightweight aircraft operate at slow speeds, close to the ground but under 400 feet above 

ground level, and in a sterile environment and, as a result, are far safer than conventional flight 

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 representative 

or owner’s prior consent and knowledge. Filming and photographing will be only of those who 

have consented to being filmed or photographed or otherwise agreed to be in the area where 

filming and/or photographing will take place.

All flights will occur in accordance with any state or local laws regarding privacy.

Satisfaction of the criteria 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 — provides more than adequate justification for the grant of the 

requested exemptions allowing commercial operation of the applicant’s sUAS in the motion 

picture and commercial videography and photography industry.

Sincerely,

Logan N.K. Spencer

1-Eighty Captures LLC - Owner

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