Gold Creek Films, Inc.

15463 Copper Street

Mission Hills, CA 91345

818-522-7904

U.S. Department of Transportation Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.

Washington, DC 20590

October 15, 2015

Re: Petition for Exemption 14 CFR 11.81

Company: Gold Creek Films, Inc.

14 CFR:

Exemption for Section 333: 

As of March 23, 2015, the FAA automatically grants a "blanket" COA for flights at or 

below 200 feet to any UAS operator with a Section 333 exemption, provided the aircraft 

weighs less than 55 pounds, operations are conducted during daytime Visual Flight Rules 

(VFR) conditions and within visual line of sight (VLOS) of the pilots, and stay certain 

distances away from airports or heliports. Such is the nature of our Request for 

Exemption.

The extent of exemption relief we seek:

Sec 333 prohibits the use of a UAS for commercial purposes on private property. I am the 

owner of Gold Creek Films, Inc., and am simply petitioning for an exemption to provide 

a commercial service to private land owners and companies who wish to obtain and

capture Aerial photos and videos of said property for purposes including real estate 

listings, and for use as a marketing tool for businesses. I would like to be able to accept 

payment for these services therefore making this a commercial use of a UAS.

About Our Company:

Gold Creek Films, Inc. of Los Angeles, California, has been in business since 2008, and 

provides video production services. Its division, Gold Creek Corporate Films, provides

Real Estate video services which include aerial drone (UAS - Unmanned Aircraft 

System) video. We would like an exemption for those commercial services. In addition 

we use UAS for inclusion in Documentaries, Industrial or Corporate Videos for clients as 

well as video such as landscapes to be sold for stock video. 
Aerial photography under the current blanket COA:

We maintain a professional approach to any situation and will provide a “safety first” 

attitude during the flight route. In our case we have a separate pilot remote as well as an 

additional remote to control a camera. Line of sight will never be obstructed and will 

abide by all rules of un-manned flight vehicles including a safe distance from airports as 

well as all flight pads or heliports.

The drone is a DJI Phantom 3 Professional: (This is already approved by the FAA and 

thus we have not included the Manual)

Commercial operation of an UAS, as described herein, which are equipped with camera 

and sensors, would operate in the following manner:

• Aerial photography and/or video for public and/or private use including real estate 

and other related professional activities.

• Aerial video and/or photography for public and/or private use including public 

and private events.

As described fully below, the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that would be a) limited, b) controlled, c) 

predetermined, and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation responsibilities to 

“....establish requirements for the safe operation of such aircraft systems in the national 

airspace system.”

The PHANTOM 3 is a quad-copter with a gross weight of 2.8 pounds. It is equipped with 

four rotors that are driven by electric motors powered by batteries. The UA has a 

maximum airspeed of 16 m/s. It will be operated over various metropolitan areas, 

primarily around Los Angeles, California, to augment real estate listing videos, capture 

areal video and photography, and related business operations.

UAS Operating Parameters:

We will abide by the following additional operating conditions under this exemption, 

which ensures a level of safety at least equal to existing rules:

• operate UAS below 200 feet and within a radius distance of 1000 feet from the 

controller to aid in direct line of sight visual observation;

• obtain permission from the owner/controller of any vessels, vehicles and 

structures when operations may be conducted closer than 500 feet to any such vessels, 

vehicles or structures; we will conduct a safety assessment of the risk of operating closer 

to those objects and determine that it does not present an undue hazard;

• operate the UAS for 5-10 minutes per flight;

• land UAS prior to the manufacturer’s recommended minimum level of battery

power;

• operate UAS during daylight hours only within visual line of sight (VLOS);
• use the UAS’ global positioning system (GPS) flight safety feature whereby it 

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

• conduct all operations under the flight safety protocols (including posting a 

warning sign reading: “Attention Aerial Photography in Progress – Remain Back 150 

feet”) contained in the operating documents and will actively analyze flight data and 

other sources of information to constantly update and enhance safety protocols;

• contact respective airports if operations will be within 5 miles to advise them of 

his estimated flight time, flight duration, elevation of flight and other pertinent 

information;

• always obtain all necessary permissions prior to operation; have procedures in 

place to abort flights in the event of safety breaches or potential danger;

• only operate in safe environments that are strictly controlled, are away from 

power lines, elevated lights, airports and densely populated areas (defined by areas 

depicted in “yellow” on VFR charts and through obtaining information regarding 

congested areas from the local Flight Standards District Office (FSDO);

• conduct extensive preflight inspections and protocols, during which safety carries 

primary importance (reference PHANTOM Flying Flow Chart and User Manual).

Regarding UAS operational training, we have flown numerous practice flights in remote 

areas as hobbyists simulating flights for future commercial use to gain familiarization 

with the characteristics of the UAS’ performance under different temperature and 

weather conditions.

Operators:

Any PIC operating our UAS will have accumulated and logged, in a manner consistent 

with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 

10 hours logged as a UAS pilot with a multi-rotor UAS.

Specific Exemptions Requested:

Given the size, weight, speed, and limited operating area associated with the UA, we feel 

an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and §

91.203(a) and (b) (Certifications required), subject to certain conditions and limitations,

is warranted and meets the requirements for an equivalent level of safety under 14 CFR 

part 11 and Section 333 of P.L. 112-95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, 

the two-inch lettering is difficult to place on such a small aircraft with dimensions smaller 

than the minimal lettering requirement. Regardless of this, we can mark the UAS in the 

largest possible lettering by placing the word “Experimental” on its fuselage as required 

by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft 

without an airworthiness certificate, since there is currently no certificate applicable to 

our operation, this regulation is inapplicable.
We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and (b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution we will perform a preflight inspection of the 

UAS before each flight as outlined in the attached operating documents.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in 

the aircraft, however since there are no pilots or passengers on board the aircraft and 

given its size, this regulation is inapplicable. We believe an equivalent level of safety will 

be achieved by maintaining a safety/flight manual with the UAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation 

of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain 

conditions. We will not operate our UAS above the altitude of 300 feet above ground 

level (AGL) and will also only operate in safe areas away from the public and traffic, 

thus “providing a level of safety at least equivalent to or below those in relation to 

minimum safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, 

an equivalent or higher level of safety will be achieved.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the 

UAS utilizes electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR 

conditions. The UAV is 100% electric and two low battery alerts are issued -per the 

operating documents, the UAV will be landed at the first alert. Also, our flights will last 

only 5-10 minutes each, and the UAS has an automated function, which results in 

immediate landing when a low battery is detected. The PIC will not begin a flight unless 

(considering wind and forecast weather conditions) there is enough power to fly to the 

first point of intended landing and, assuming normal cruising speed, land the UA with 

30% battery power remaining.

Public Interest:

Aerial photography and videography for real estate and events are proven strategies to 

enhance marketing efforts and increase business success. The industry is not new. 

However, until recently it was conducted through the use of costly manned aircraft, a 

prohibitive business activity for small companies. By granting this exemption we would 

be able to provide affordable services.

Further, the small UAS will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. Additionally, the operation of 

our UAS will minimize harm to the environment. It will enhance economic growth by

providing information to companies and the public looking to relocate or build in the 

metro areas we service. 
In addition the use of aerial cinematography via UAS provides a viewpoint for inclusion 

in programming such as documentaries and corporate videos that help to enable viewers 

to understand a subject better. The capturing of such aerial film/video was formerly often 

cost-prohibitive and allows educational programming and corporate 

instructional/training/marketing videos to be produced at an affordable price, thus serving 

the public interest. Such programming contributes directly to the educational and 

economic health of the community and its citizens.

Summary:

We will comply with all of the following conditions and limitations should this 

exemption be provided:

1) Operations will be limited to the following aircraft described in the operating 

documents, which is a quad-rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned 

Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 50 knots.

3) The UA will be operated at an altitude of no more than 200 feet above ground 

level (AGL), all altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In 

Command (PIC) at all times.

5) All operations will utilize a visual observer (VO). The UA will be operated within 

the visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to 

communicate verbally at all times. The PIC will be designated before the flight and will 

not transfer his or her designation for the duration of the flight. The PIC will ensure that 

the VO can perform the functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. Any revisions to the operating documents 

will be presented to the Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for 

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

the UAS will not be operated until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight. The Ground Control Station will be 

included in the preflight inspection. All maintenance and alterations will be properly 

documented in the aircraft records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional 

test flight. The PIC who conducts the functional test flight will make an entry in the 

aircraft records.

9) The pre-flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 
11) We will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations will 

be noted in the aircraft records, including total flight hours, description of work 

accomplished, and the signature of the authorized person returning the UAS to service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections.

14) Prior to operations conducted for the purpose of aerial videography/photography

and similar operations, the PIC will have accumulated and logged, in a manner consistent

with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model 

of the UAS to be used in operations. The PIC will accomplish 3 take-offs and landings in 

the preceding 90 days.

15) The PIC will not operate the UAS for the purpose of aerial 

videography/photography, unless the PIC has demonstrated the ability to safely operate 

the UAS in a manner consistent with the operating documents, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

16) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

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

17) The UA will not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart.

18) 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.

19) If a UA loses communications or loses its GPS signal, it will return to a 

predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

20) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

21) The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing 

point and land the UA with 30% battery power remaining.

22) So long as our compliance is required, we will obtain an Air Traffic Organization 

(ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any 

operations, and also request a Notice to Air-man (NOTAM) not more than 72 hours in 

advance, but not less than 48 hours prior to the operation.

23) 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.

24) The documents required under 14 CFR 91.9 and 91.203 will be available to the 

PIC at the Ground Control Station of the UAS any time the UAS is operating. These 

documents will be made available to the Administrator or any law enforcement official 

upon request. 

25) The UA will remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

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

27) The UA will not be operated over congested or densely populated areas.
28) All operations will be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted.

29) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to 

the FAA's 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.

General Safety Precautions and Warnings we intend to follow:

• Always keep a safe distance in all directions around your model to avoid collisions

or injury. This model is controlled by a radio signal subject to interference

from many sources outside your control. Interference can cause momentary

loss of control.

• Always operate your model in open spaces away from full-size vehicles, traffic

and people.

• Always carefully follow the directions and warnings for this and any optional

support equipment (chargers, rechargeable battery packs, etc.).

• Always keep all chemicals, small parts and anything electrical out of the reach

of children.

• Always avoid water exposure to all equipment not specifically designed and

protected for this purpose. Moisture causes damage to electronics.

• Never place any portion of the model in your mouth as it could cause serious

injury or even death.

• Never operate your model with low transmitter batteries.

• Always keep aircraft in sight and under control.

• Always move the throttle fully down at rotor strike.

• Always use fully charged batteries.

• Always keep transmitter powered on while aircraft is powered.

• Always remove batteries before disassembly

• Always keep moving parts clean.

• Always keep parts dry.

• Always let parts cool after use before touching.

• Always remove batteries after use.

• Never operate aircraft with damaged wiring.

• Never touch moving parts.
A summary we can publish in the Federal Register:

I, Ted Faye, owner of GOLD CREEK FILMS, INC., am seeking an exemption of the 

FAA’s Sec 333 rules that does not allow the use of an Unmanned Aircraft to be used for 

Commercial purposes with regard to National Airspace Safety. I am simply petitioning 

for an exemption to provide a commercial service to private land owners and companies 

who wish to obtain and capture Aerial photos and videos of said property for purposes 

including real estate listings, and for use as a marketing tool for businesses and for 

inclusion in documentary, industrial, corporate marketing, and training videos.

Because of my many years of responsible business practices, having complied with all 

state and federal regulations for over 20 years as a business owner and entrepreneur, I 

would be a good candidate for exemption of Sec 333, and because of my general 

knowledge of the aviation guidelines as I have reviewed them and my own corporate 

responsibility and safety standards. We would not be flying near disaster areas, sporting 

events, or high traffic areas including airports, and I would pay attention to NOTAMS. 

Finally, I have no intention of using this exemption outside of the United States.

I appreciate the FAA’s consideration of this petition for exemption. If you have 

questions or need additional information, please contact me at:

Attn: Ted Faye

Gold Creek Films, Inc. 

818-522-7904

ted@goldcreekfilms.com