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FutureSky Film Solutions

12 Lark Street

Washingtonville, NY 10992

908-456-4744

info@futureskyfilmsolutions.com

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

August 12, 2015

RE: FutureSky Film Solutions Exemption Request Pursuant to Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 61.3; 14 CFR 61.113(a) and (b);

14 CFR 91.7(a); 14 CFR 91.119(b) and (c); 14 CFR 91.121; 14 CFR 91.151(a)(1) and (b); 14 CFR 

91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (2); 14 CFR 91.417(a) and (b)

concerning commercial operation of Unmanned Aircraft Systems. 

To Whom It May Concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, FutureSky Film 

Solutions (referred to as Petitioner), herby applies for an exemption from the listed Federal 

Aviation Regulations to allow operations of a commercial Unmanned Aircraft System (UAS). All 

proposed operations will be conducted under the conditions outlined in this petition or set 

forth by the FAA by Section 333.

Background:

The Petitioner is a sole proprietorship offering film solutions to public and private groups. 

Services offered include GIS mapping, thermal imaging for search and rescue, disaster damage 

assessment, architectural planning assessment, and public safety (fire and police) applications. 

FutureSky Film Solutions has maintained an impeccable safety record. 

Similar Exemptions:

The following previously granted petitions are similar in all/or many material aspects: 

Exemption Nos. 11062, 11109, 11112, 11213, 

Unmanned Aircraft System:

The Petitioner is proposing to use the CarbonCore Cortex Octocopter , CarbonCore Cortex 

Quadcopter and DJI Phantom 3 for their UAS operations. The Cortex airframes are made of 

carbon fiber and weighs less than 10 pounds, completely assembled. The overall diameter of 
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the Cortex is 1,200mm. The UAS will feature dual flight control redundancy capable of 256 

waypoints, auto flight, auto land, hover lock, and return home features. The Cortex have the 

battery capacity for up to 30 minutes of uninterrupted flight and will only be flown until 25-30% 

of battery capacity remains. The UAS will never be operated at a speed higher than 50 knots, 

and never higher than 400 ft. AGL. Before each flight, the UAS will be updated with failsafe 

landing locations for the specific operation; should the link be lost during flight the UAS will 

return safely to the predetermined location and land. Each UAS is equipped with smart 

hardware and software to ensure accurate flight and return home. 

UAS Operator:

The Petitioner currently has a single operator, with over 100 hours of training flight time. Each 

operator who will be in control of a UAS for the Petitioner in the future will undergo 

appropriate training and safety procedures. Each operator will accumulate a minimum of 25

hours of training time before operating the UAS in any commercial setting. Retraining will be 

conducted on a regular basis by the Petitioner in order to assure that qualifications and skills 

are adequately maintained by all operators. 

Operating Parameters:

The Petitioner has set forth the following parameters for UAS operations. Before each flight of 

the UAS the operator will be responsible for checking weather conditions and determining that 

safe operations may be conducted. The UAS shall always be inspected before conducting any 

operations. The operator will be responsible for determining the airworthiness of the UAS by 

conducting preflight inspections per the Original Equipment Manufacturer (OEM) 

recommendations. If the preflight inspection, reveals any condition that may affect safe 

operations, the UAS will be grounded until proper maintenance and repairs have been made. 

All maintenance and alterations will be documented in the aircraft records. 

Only trained personnel may act as the UAS operator. The operator must be designated before 

the beginning any flight operations and cannot transfer that designation for the duration of any 

flight. Visual Line of Sight must be maintained at all times by the operator. The UAS will not be 

operated any faster than 50 knots and shall never reach an altitude higher than 400 ft. AGL. 

The UAS shall not fly in wind conditions any greater than 20mph. Flight operations will always 

be conducted under VFR conditions. The UAS will remain clear of and yield the right of way to 

all other manned vehicles regardless of size or weight. The UAS will never fly within 3 miles of 

an airport unless notified & cleared. 

Public Benefit

Unmanned Aircraft system are a practical and safe platform to obtain aerial footage without 

the cost and dangers of operating helicopters. UAS provide cost effective availability of 

advanced search, rescue and surveillance opportunities to a variety of commercial and public 

safety applications and stakeholders.
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14 CFR 61.3 Requirements for Certificates, Ratings, and Authorizations 

14 CFR 61.113(a) and (b) Private Pilot Privileges and Limitations: Pilot in Command

The Petitioner asserts that since the UAS will not carry any pilot or passengers on board, the 

proposed operations will not adversely affect safety by requiring the operator in control of

aircraft to have a private pilot or a commercial pilot certificate, as long as they have knowledge 

of airmanship and possess the skills to operate the UAS. In support of its position, the 

Petitioner argues that, since there are no standards for either private or commercial UAS pilot 

certificates, knowledge of airspace regulations and dexterity in the control and operation of the 

UAS acquired from actual operation of the aircraft will be the most important factors in 

establishing an equivalent level of safety. Through ground school and internal training the

proper knowledge of airmanship can be achieved to maintain safe flight operations. 

Furthermore, the Petitioner explains that, given the restricted and controlled airspace within 

which operations will take place, the key factors needed by the operator are knowledge of the 

airspace within which the operation will take place and how that airspace fits into the National 

Airspace System (NAS). The Petitioner also states that it cannot be assumed that a private pilot 

or commercial pilot, approved to operate a rotorcraft or fixed wing aircraft, has the skill or 

ability to safely operate an unmanned aerial system, operating at 400 ft. AGL or lower, within 

strictly controlled pre-approved airspace.

The Petitioner is confident that with the proper training and safety measures put in place it can 

effectively carryout it’s proposed operations. Hands-on experience with the UAS is a far more 

effective guarantee of flight safety than a private pilot or commercial pilot certificate would be, 

until the FAA Pilot Certificate requirements catch up to the UAS technology.

The risks associated with the operation of the UAS (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated 

with private pilot operations or commercial operations contemplated by Part 61 with 

conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth 

in this petition meets or exceeds the present level of safety.

It is unfeasible to state that a pilot with a certification (private or commercial) would be able to 

operate the UAS to a higher level of safety than a person who does not hold any pilot

certificate, provided they have proper knowledge of airmanship, and are familiar with the UAS 

he or she is operating. Currently there is no training included in private pilot or commercial 

pilot certification process regarding UAS operations. An equivalent level of safety will be 

provided by allowing operation of the UAS without a private pilot’s certificate or a commercial 

pilot’s certificate, under the conditions set forth herein.
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14 CFR 91.7(a) Civil Aircraft Airworthiness 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Since there is no regulatory standard for determining airworthiness of a UAS, there 

will be no certificate issued. Therefore at this time regulation 91.7(a) is not applicable for UAS 

operations and an exemption is needed. However, the Petitioner will follow all safety and 

inspection procedures outlined by the Original Equipment Manufacturer (OEM) to determine 

airworthiness. The operator will determine the airworthiness of the UAS by conducting 

preflight and post flight inspections. If at any time the operator determines the UAS not be 

airworthy it is to be grounded immediately until all proper repairs have been made. The UAS 

will undergo a test flight after any such repairs to ensure functionality before it is returned to 

commercial operations.

14 CFR 91.119(b) and (c) Minimum Safe Altitudes

The Petitioner requests relief from14 CFR 91.119(b) and 14 CFR 91.119(c). The regulation 

states, “Over any congested area of a city, town, or settlement, or over any open air assembly 

of persons, an altitude of 1,000 ft. above the highest obstacle within a horizontal radius of 

2,000 ft. of the aircraft.” With the UAS having an operation ceiling of 400 ft. 91.119(b) is not 

applicable for the Petitioner to conduct its proposed operations in compliance of this 

regulation. 

The Petitioner notes that because it requests to operate at altitudes only up to 400 ft. AGL, an 

exemption is needed from 14 CFR 91.119(c) to allow for such operations. As discussed in 

Exemption No. 11109 to Clayco, Inc. (Docket No. FAA-2014-0507), operations conducted closer 

than 500 feet to the ground may require that the UAS to be operated closer than 500 feet to 

essential persons, or objects that would not be possible without additional relief. Operations 

will always be conducted in an authorized, controlled area. Due to the specific operation 

proposed the UAS will at times be closer than 500 ft. to the operator, essential people, vehicles, 

and structures therefore exemption is needed from 91.119(c).

The Petitioner is confident that since it currently carries out the operations described in this 

document with rotorcraft, it will be able to at least maintain or exceed current safety levels by 

utilizing a UAS. 

14 CFR 91.121 Altimeter Settings

The Petitioner is also requesting an exemption from regulation 91.121, as the UAS will have a 

GPS altitude readout instead of a barometric altimeter required by the regulation. The 

Petitioner and operator will achieve an equivalent level of safety via live flight data and 

preflight safety checklist set forth by OEM. The operator will confirm the altitude of the launch 

site shown on the GPS altitude indicator before flight in order to ensure accuracy.
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14 CFR 91.151(a)(1) and (b) Fuel Requirements for flight in VFR Conditions

This regulation prohibits any person from beginning a flight in a fixed-wing aircraft under VFR 

conditions (with consideration of wind and forecast weather conditions) unless there is enough 

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

the day, to fly after that for at least another 30 minutes. Part B of this regulation describes 

operation requirements for rotorcraft.

The UAS has a battery that provides up to 30 minutes of powered flight. In order to comply 

with this regulation flight times would have to be limited to 10 minutes before the UAS would 

need to be grounded in order to maintain proper battery reserve as described in part 91.151. 

This limited flight time is not feasible and would make operations nearly, if not completely 

impossible. All operations will be conducted with a fully charged battery. Flight time will be 

limited to 30 minutes or when 25-30% battery life remains; whichever is to occur first. The 

operator will be able to monitor battery percentage thorough their flight controls. With the 

operator maintaining VLOS and with 25% battery remaining, there will be still be sufficient time 

to return the UAS to the planned operational landing zone. Therefore, the regulation is not 

applicable to the UAS, however the Petitioner will maintain its own safety standard as stated 

above. 

14 CFR 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance 

Inspections and Records

The Petitioner is also requesting relief from maintenance and inspection requirements under 

91.405(a) and (b), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a). An exemption should be 

granted under these sections because the UAS to be used is not a U.S. registered civil aircraft

with an airworthiness certificate and therefore 14 CFR 91 regulations do not apply. 

Furthermore a designated official certified by the FAA to have maintenance signature authority 

does not currently exist for UAS operations. However, the Petitioner will employ a maintenance 

and quality assurance program which meets or exceeds applicable regulatory standards for U.S. 

registered aircraft. No operations will take place without inspections and maintenance items 

being completed. All inspections and maintenance action items will be documented in aircraft 

logs. The Petitioner further states that Original Equipment Manufacturer (OEM) requirements 

will be followed in the performance of maintenance, inspection and record keeping for the 

UAS.

The Petitioner states that the OEM defines the maintenance requirements for the unmanned 

aircraft and per those requirements, the Petitioner will ensure that it will conduct all 

inspections to precise OEM standards. Again, no flight operations will take place without 

required inspections and maintenance items being completed. Further, all inspections and 

maintenance action items will be documented in aircraft logs. The Petitioner will comply with

the manufacturer's UAS component, maintenance, overhaul, replacement, inspection, and life 

limit requirements. The operator is responsible for a through preflight and post flight 
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inspection of the UAS to ensure airworthiness. The inspection shall be conducted in accordance 

with the instructions outlined in the manufactures user’s manual. When necessary only 

qualified OEM maintainers will perform higher level inspections and maintenance or overhaul 

per OEM standards.

Petitioner Closing Statement

As set forth herein, FutureSky Film Solutions seeks an exemption pursuant to 14 C.F.R. § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit 

safe operation of the CarbonCore Cortex Octocopter , CarbonCore Cortex Quadcopter and DJI 

Phantom 3 commercially, without an airworthiness certificate, for the limited purpose of 

conducting aerial video and photography over certain areas of the United States. By granting 

this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, by 

allowing FutureSky Film Solutions to safely, efficiently, and economically operate UAS 

commercially within the National Air Space (NAS). 

Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, FutureSky Film Solutions respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 

61.3, 61.113(a) & (b), 91.7(a), 91.121, 91.151(a)(1) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b), and permit FutureSky Film Solutions to operate the CarbonCore 

Cortex Octocopter , CarbonCore Cortex Quadcopter and DJI Phantom 3 UAS commercially for 

the purpose of conducting aerial video and photography over certain areas of the United 

States.

We invite you to please look at our website, www.futureskyfilmsolutions.com for further 

information regarding our company’s operations. 

Respectfully submitted,

Louis Pedrero

Owner

FutureSky Film Solutions

12 Lark Street

Washingtonville, NY 10992

908-456-4744

info @futureskyfilmsolutions.com