February 12, 2016

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

 Re: Summary Processing: Exemption Request for Derive Productions Inc., Under 

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

 From; 14 C.F.R. §§ 61.113(a) and (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 

 91.407(a)(1); 91.409(a)(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, Derive Productions Inc., (“Derive Productions Inc.”) operator of 

Unmanned Aircraft Systems (“UASs”) equipped to conduct commercial flights for aerial 

photography, motion picture filming, & videography (hereinafter “the Purpose”), hereby applies 

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

operation of its UASs, so long as such operations are conducted subject to, and in accordance 

with the conditions outlined herein, or as may be established by the FAA in an exemption 

granted under either Section 333 or 49 U.S.C. § 44701(f). Derive Productions Inc. will accept the 

conditions set forth in Exemptions Nos. 11062 and its progeny Nos. 11063 through 11067, 

11080, 11150, 11158, 11160, 11161, and 11172 (“the Similar Exemptions). Derive Productions 

Inc., respectfully requests summary approval of this exemption request.

Derive Productions Inc. seeks to operate the following UAVs it currently posses under the 

exemption. 

- DJI Inspire Quadcopter 1 SN - W13DCD01030001

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As with the approval of the Similar Exemptions, approval of this exemption would thereby 

enhance public 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. Id. § 333(c) 

The name and address of the applicant is: 

Derive Productions Inc. 

Federico Verardi

24501 Via Mar Monte #46

Carmel, CA 93923

Ph.: 323-241-7470

 Regulations from which the exemption is requested: 

 14 C.F.R. § 61.113(a) and (b) 14 C.F.R. § 91.11914 C.F.R. § 91.121 

 14 C.F.R. § 91.151(a) 

 14 C.F.R. § 91.405(a) 

 14 C.F.R. § 407(a)(1) 

 14 C.F.R. § 409(a)(2) 

 14 C.F.R. § 417(a) and (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 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) 

 The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform 

Act, expressly grants the FAA the authority to issue exemptions. This statutory authority by its 

terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act, that 

includes UASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

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 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 the Transportation Act 

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

U.S.C. §§ 44711(a), 44704; 14 C.F.R. § 91.203(a)(1). 

 Derive Productions Inc. is a film production company that incorporates the use of aerial 

cinematography and videography into the television and film industry, and the corporate sector. 

Derive Productions Inc. UASs are rotorcraft, weighting 55 pounds or less including payload. 

They operate, under normal conditions at a speed not exceeding 50 knots and have the capability 

to hover, and move in the vertical and horizontal planes. 

They will operate at altitudes not exceeding 400 feet, as further specified, and only in line of 

sight. They will operate only within the sterile areas as described in the Derive Productions Inc. 

Flight Operations Manual. 

In support of this application, Derive Productions Inc. is submitting, the following manuals 

(hereinafter “the manuals”)

 • Derive Productions Inc. Motion Picture and Television Operations manual 

 (document attached) 

 • DJI INSPIRE 1 UAS Aircraft Operating Manual (document attached)

Operations in compliance with these manuals will insure that the UAS will “not create a hazard 

to users of the national airspace system, the public, the PIC, and the film production crew” and 

that the aircraft will operate in compliance with the conditions set forth in this application.

Given the small size of the UASs involved and the restricted 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, the restricted areas in which 

the relevant UASs will operate and the fact that aircraft will be flown by pilots holding at least a 

FAA private pilot license, 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 battery powered 

UASs for these functions instead of turbine or gas power aircraft/rotorcraft and operations with 

pilots having at least a private pilot license, 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.

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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 an 

equivalent or higher level of safety to operations under the current regulatory structure because 

the proposed operations represent a safety enhancement to the currently “deemed safe” movie 

and television filming operations that are conducted with conventional aircraft.

Derive Productions Inc. notes that it has requested that a Certificate of Authorization (COA) not 

be required for flight at or below 400 feet AGL, in Class G airspace and outside of 5 nautical 

miles from the geographic center of an airport where a letter of agreement has not been entered 

into with the airport management. 

The limitations and conditions to which Derive Productions Inc. agrees to be bound when 

conducting commercial operations under an FAA issued exemption are as follows: 

1. The UAS must weigh less than 55 pounds, including energy source(s) and equipment. 

Operations will be limited to the aircraft described in the proprietary manuals: 

2. The UA may not be flown at a ground speed in excess of 50 knots. 

3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL) as 

indicated by the procedures specified in the “operators' manuals”. All altitudes reported to ATC 

must be in feet AGL. 

4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued medical certificate. 

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS 

requirement, as long as the PIC always maintains VLOS capability. The VO and PIC must be 

able to communicate verbally at all times. 

6. Prior to each flight the PIC will inspect the UAS to ensure that it is airworthy, and in condition 

for a safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, 

the aircraft will not be operated until the necessary maintenance or repair has been performed 

and the UAS is found to be airworthy and in condition for safe flight. The Ground Control 

Station, if utilized, will be included in the preflight inspection. All maintenance, modifications, 

and repairs will be properly documented in the aircraft records.

7. Any UAS that has undergone maintenance or modifications that affect the operation or flight 

characteristics of the UAS, e.g. replacement of a flight critical component, must undergo a 

functional test flight in accordance with the “manual”. The PIC who conducts the functional test 

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flight must document it with an entry in the UAS aircraft records of the flight. The requirements 

and procedures for a functional test flight and a protocol for aircraft record entry must be added 

to the “manuals”. 

8. The operator will follow the manufacturer’s UAS aircraft and component maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

9. The PIC will possess at minimum, a private pilot certificate and a State Issued Drivers 

License. The PIC will also meet the flight review requirements specified in 14 C.F.R. § 61.56 in 

an aircraft in which the PIC is rated on his or her pilot certificate. 

10. Prior to operations conducted for the Purpose, the PIC will have accumulated and logged, in 

a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot 

and at least ten hours logged as a UAS pilot with a similar UAS type (single blade or multirotor). Prior documented flight experience that was obtained in compliance with applicable 

regulations will be used to satisfy this requirement. Training, proficiency, and experience 

building flights may also be conducted under this exemption to accomplish the required flight 

cycles and flight time. During training, proficiency, and experience building flights, all persons 

not essential for flight operations will be considered non-participants, and the PIC will operate 

the UAS with appropriate distance from non-participants in accordance with 14 C.F.R. § 91.119. 

11. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), a minimum of five hours as UAS pilot, operating the make and model of UAS to be 

utilized for operations under the exemption, in addition to three take-offs and landings within the 

preceding 90 days.

Under this exemption, the PIC must operate the UA an appropriate distance away from 

nonparticipants in accordance with 14 C.F.R. § 91.119., during training, proficiency, experience 

building, and take off and landing flights in order to accomplish the required flight time and to 

remain current within the prescribed 90 day period. “Nonparticipants” are defined as all persons 

who are not essential for flight operations. 

The UA will not be operated directly over any person, or below an altitude that is hazardous to 

persons or property on the surface in the event of a UAS failure or emergency, 

except for authorized and consenting personnel that are necessary for the “purpose”, 

12. Flight operations must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless: 

a) Barriers or structures are present that sufficiently protect nonparticipating persons from the 

UA and / or debris in the event of an accident. The operator must ensure that nonparticipating 

persons remain under such protection. If a situation arises where nonparticipating persons leave 

such protection and are within 500 feet of the UA, flight operations must cease immediately 

and / or; 

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b) The aircraft is operated near vessels, vehicles or structures where the owner/controller of such 

vessels, vehicles or structures has granted permission and the PIC has made a safety assessment 

of the risk of operating closer to those objects and determined that it does not present an undue 

hazard, and; 

c) Operations nearer to the PIC, VO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a). 

All operations shall be conducted over private or controlled-access property with permission 

from the property owner, controller, or authorized representative. 

Permission from property owner / controller or authorized representative will be obtained for 

each flight to be conducted. 

See, Exemptions 11170, 11172 and 1117 for proposed language. 

13. Prior to any flight “operator” will only be required to obtain an Air Traffic Organization 

(ATO) issued Certificate of Waiver or Authorization (COA) for flights that are conducted at 

heights greater than 400 AGL; in other than Class G airspace; and closer than 5 miles from the 

geographic center of a non-towered airport, without a letter of agreement with the airport 

manager. If requested, Operator will provide telephonic advanced notice to an ATO or file a 

NOTAM for any flight not requiring a COA.

14. If the UAS loses communications or loses its Global Positioning System (GPS) signal, the 

UA will be programmed to return to a pre-determined location within the security perimeter and 

land or be recovered in accordance with the “manual”.

15. The UAS will abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the “manual”. 

16. Each UAS operation will be completed within 30 minutes flight time or with 25% battery 

power remaining, whichever occurs first. 

17. All aircraft operated in accordance with this exemption will be identified by serial number, 

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings 

in accordance with 14 C.F.R. part 45, subpart C. Markings will be as large as practicable. 

18. The operator will institute procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, modifications, overhaul or replacement of component 

parts and the total time in service of the UAS.

19. Each UAS operated under this exemption will comply with all manufacturer Safety Bulletins. 

20. The operator will develop UAS technician qualification criteria. These criteria will be added 

to the Manual. 

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21. Before conducting operations, the radio frequency spectrum used for operation and control of 

the UA will comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

22. The documents required under 14 C.F.R. §§ 91.9 and 91.203 will be available to the PIC at 

the ground control station of the UAS any time the aircraft is operating. These documents will be 

made available to the Administrator or any law enforcement official upon request. 

23. The UA will remain clear of and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultra light vehicles, parachute activities, 

parasailing activities, hang gliders, etc.). 

24. UAS operations will not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). Flights under 

special visual flight rules (SVFR) will not be undertaken. 

25. The UAS will not be operated by the PIC from any moving device or vehicle. 

26. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC

27. The UA will not operate in Class B, C, or D airspace without written approval from the FAA. 

The UA will not operate within 5 nautical miles of the geographic center of a non- towered 

airport as denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in accordance with a 

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

management will be made available to the Administrator upon request. 

28. Any incident, accident, that occurs with in the boundaries of the operational area as defined 

by the applicable COA will be reported to the Federal Aviation Administration’s (FAA) UAS 

Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. Further flight operations will cease until such time as the incident, accident, or 

transgression is reviewed by UAS Integration Office (AFS-80) and authorization to resume 

operations is provided.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 C.F.R. including, but not limited to, parts 

45, 47, 61, and 91. 

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

 Sections 61.113(a) and (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 

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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 UAS 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 UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of the 

UAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 

14 C.F.R. § 61.113(a) and (b). The FAA has granted exemptions for private pilots to conduct 

similar operations in Exemptions 11062, 11063, 11064, 11065, 11066, 11067 and 11080. 

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 UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL an exemption may be needed to allow such operations. As set forth 

herein, except for the limited conditions stated in the Manual and in condition #3, page 3, the 

UAS will never operate at higher than 400 AGL.

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, facility owner and local officials. Because of the advance notice to the property 

owner and participants, all affected individuals will be aware of the planned flight operations as 

set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighing far 

more than the maximum 55 lbs. 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 lowaltitude operations of the UAS will ensure separation between these small-UAS operations and 

the operations of conventional aircraft that must comply with Section 91.119. The FAA has 

granted exemptions to conduct similar operations in Exemptions 11062, 11063, 11064, 11065, 

11066, 11067 and 11080. 

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 UAS in at least one operating mode will not 

have a barometric altimeter, but instead a GPS altitude read out, an exemption will 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 

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flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 

11063, 11064, 11065, 11066, 11067 and 11080. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. 

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel 

to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the 

day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes.”

The battery powering the UAS provides approximately 40 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 C.F.R. § 91.151, UAS 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 C.F.R. § 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. 

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 more than 

adequate to return the UAS 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, 10808 and Exemptions 11062, 11063, 11064, 11065, 11066, 11067 and 11080. 

14 C.F.R. §§ 91.405(a); 407(a)(1); 409(a)(2); 417(a) and (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. 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 

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. The operator will ensure that the UAS is in 

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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. The FAA has granted exemptions for similar operations in Exemptions 11062, 11063, 

11064, 11065, 11066, 11067 and 11080. 

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. §§ 61.113(a) and (b); 91.7(a); 91.119; 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 

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

vehicle (55 lbs. or less) in motion picture and television operations. 

Approval of exemptions allowing commercial operations of UASs for filming and videography 

for motion picture and television work will enhance safety by greatly reducing the current risk 

associated with conventional operations using jet or piston powered aircraft. These aircraft 

operate at extremely low altitudes, sometimes only a few feet from the subject being filmed and 

in extreme proximity to people and structures. They also present the risks associated with 

vehicles that weigh approximately 4,000 lbs., and carry large amounts highly combustible fuel. 

In addition, such aircraft must fly to and from the project location thereby increasing the 

geographic area of risk. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries 

eliminates virtually all of the risk associated with conventional aircraft. Since the UAS is 

transported rather than flown to the location at which it will be used, it does not require any crew 

or contain passengers, and therefore does not expose individuals to the risks associated with 

manned aircraft flights. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 pertaining to 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 

requested exemptions to be granted, thus allowing commercial operation of applicant’s UAS for 

the Purposes outlined herein and are consistent with exemptions already granted, including the 

Similar Exemptions (11062 through 11067, 11080, 11150,11158 11160,11161 and 11172 ). 

 

Sincerely, 

______________________________ ________________________ 

Federico Verardi, President Date: 

Derive Productions Inc. 

 

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