1

Casey Lewiston

Telephone: (707) 601-2637

Email: clewiston@live.com

August 5th, 2015

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, Copterra, developer and operator of Small Unmanned Aircraft Systems (“sUASs”) 

equipped to conduct aerial photography and video recording, hereby applies for an exemption from the 

listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as 

such operations are conducted within and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333.

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

aerial systems (sUAS) under controlled conditions in airspace that is 1) limited 2) predetermined 3) 

controlled as to access and 4) would provide safety enhancements to the already safe operations in the 

video recording and photography industry presently using conventional aircraft. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applying firm is:

Copterra

Attn: Casey Lewiston

Ph: 707-601-2637

Email: clewiston@live.com

Address: 5675 Old Redwood Hwy, Apt 4, Penngrove, CA, 94951.
2

Background

Copterra is a sole proprietorship, operating under the ownership of Casey Lewiston. The owner has been 

working regularly in the video production and photography industries for ten years. He is also a student 

and employee of the Sonoma State University's physics department. The owner has held a strong interest 

in aviation for many years, and has flown remote controlled aircraft of different types extensively. 

Copterra is seeking permission to use its aircraft for the purpose of gathering video and photographic 

imagery from aerial platforms. The aircraft currently flown for testing purposes is the Copterra AP-1, a 

custom designed and assembled sUAS built specifically to carry DSLR cameras on short flight missions.

It's FAA registration number is N-95501. The AP-1 operates via both traditional hand held radio controls 

and a telemetry connection with a computerized ground station, which allows for emergency use of 

automated flight functions, highly accurate location readings and battery voltage monitoring.

Since its initial flight test in July of 2014, the AP-1 has flown approximately 60 hours. Our flight logs 

demonstrate successful tests of hovering, orbiting and other maneuvers, as well as emergency landing 

procedures. These include automated approaches and automated position hold, to be used when the pilot 

is unable to fly effectively due to conditions on the ground or other unforeseen circumstances. All 

systems on board the aircraft have been thoroughly tested and configured to provide an equivalent or 

higher level of safety than is presented with manned aircraft. Motor failure and other emergency 

situations have been tested as well, to ensure that the procedures in the manual are effective methods of 

mitigating risk in these situations.

Further, as detailed in this request, our unmanned aircraft are only intended to be flown in controlled 

environments, posing limited or no risk to individuals and properties not directly involved in the video or 

photography operation in question.

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 rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to users 

of the NAS or the public or pose a threat to national security in light of the following: 
3

• 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)1. 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

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

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

certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

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

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203 (a) (1).

Such operations will insure that the sUAS will “not create a hazard to users of the national airspace 

system or the public", as per Reform Act Section 333 (b).

Given the small size of the sUASs involved and the restricted, controlled environment within which they 

will operate, the applicant falls within that zone of safety (an equivalent level of safety). Also due to the 

size of the UASs and the restricted areas in which the relevant sUASs will operate, approval of the 

application presents no national security issue. Given the clear direction in Section 333 of the Reform 

Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety 

surrounding the proposed operations, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts, including reduced emissions associated with allowing UASs video 

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. 
4

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least an 

equivalent or even higher level of safety to operations under the current regulatory structure. The

proposed operations represent a safety enhancement to the already safe video and photography operations 

conducted with conventional aircraft. 

These limitations and conditions to which Copterra agrees to be bound when conducting commercial 

operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 50 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer/Flight Technician. 

3. Maximum total flight time for each operational flight will be 20 minutes. Flights will be terminated at 

20% battery power reserve should that occur prior to the 20 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above 

an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the sUAS Pilot and the Flight Technician.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third class 

medical.

7. The Flight Technician must have received instruction in the use of the ground station.

8. The Flight Technician will maintain a computerized telemetry link at all times with the aircraft, and be 

prepared to engage in emergency landing operations via the ground station link.

9. sUAS Pilot will be Pilot in Command (PIC). Any qualified pilot may be designated PIC (qualifications 

are detailed in this request).

10. The UAS will only operate within a confined “Controlled Area".

11. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production 

activities. It will be mandatory that all personnel who will be performing duties within the boundaries of 

the safety perimeter be present for this briefing. 

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

exemption, with the appropriate Flight Standards District Office if required. 

13. The operator will obtain the consent of all persons involved in the filming and ensure that only 

consenting persons will be allowed within 50 feet of the flight operation. 

14. Flight Technician and pilot will at all times be able to communicate by voice. 

15. Written and/or oral permission from the relevant property holders will be obtained. 

16. 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. 

17. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a 

pre-determined location within the controlled area and land under automated controls. 

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
5

PILOT REQUIREMENTS

Any pilots hired by Copterra for a commercial video or photography operation must meet the following 

requirements:

 Be an FAA licensed airman with at least a private pilot's license.

 Hold at least third class medical

 Have flown a minimum of 20 hours on unmanned rotorcraft

 Have flown the sUAS to be used at least 1 hour

 Have undergone a familiarization briefing regarding the aircraft's systems and ground 

station capabilities

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) . Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA 

to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. 

In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 50 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled

area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored 

by the pilot as well as the flight technician, 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 

photography and video recording, provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. 

Lastly, application of these same criteria demonstrates that there is no credible threat to national security 

posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, limited range and inability to carry a substantial external load. 
6

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be 

placed. Given the size of the sUAV, two-inch lettering will be impossible. The word “Experimental” will 

be placed on the fuselage in compliance with §45.29 (f), as will the aircraft's N number, in letters as large 

as are feasible.

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

§45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the 

UAS as “Experimental.” 

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a 

commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot 

and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance. The level of safety 

provided by the requirements included in this request and in the submitted manual exceeds that provided 

by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks 

associated with the operation of the sUAS are so diminished from the level of risk associated with 

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

requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. 

§61.113 (a) & (b). 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

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

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, an 

equivalent level of safety will be provided. 
7

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such 

an item on the aircraft. Had it such a space, there would be no one onboard to read the manual.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point 

where the pilot flying the sUAS and the Flight Technician will have immediate access to it.

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will 

be needed. An equivalent level of safety will be provided by following the equivalent safety preflight 

checks, as detailed in the flight manual. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. 

14 C.F.R. §91.109: Flight instruction: 

Section 91.103 provides that:

no person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls. 

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight 

control is accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

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

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

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

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may 

be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 

AGL. It will, however, be operated in a restricted area, where buildings and people will not be exposed to 

operations without their pre-obtained consent.
8

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

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

officials. Because of the advance notice to the property owner and participants in the filming or 

photography activity, all affected individuals will be aware of the planned flight. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum 50lbs. 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 movie industry. In addition, 

the low-altitude operations of the sUAS will ensure separation between these small-UAS operations and 

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

14 C.F.R. §91.121 Altimeter Settings 

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

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 

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

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

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 

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

The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5

minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 

91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners 

or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the small UAS. Additionally, limiting sUAS flights to 5 minutes would greatly reduce the 

utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 

20% of battery power whichever happens first. This restriction would be more than adequate to return the 

sUAS to its planned landing zone from anywhere in its limited operating area. 
9

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

The regulation provides in pertinent part: 

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

the following: 

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

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

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at 

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

The UAS fully loaded weighs no more than 50 lbs and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 

sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to 

the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook as referenced in the Manual. An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will carry a small payload and operate 

only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the 

operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. 
10

Approval of exemptions allowing commercial operations of sUASs in the photography and video 

recording industry will enhance safety by reducing risk. Conventional film operations, using jet or piston 

power aircraft, operate at extremely low altitudes just feet from the subject being filmed and in extreme 

proximity to people and structures; and present the risks associated with vehicles that weigh in the 

neighborhood of 4,000lbs., carrying large amounts combustible fuel. Such aircraft must fly to and from 

the film location. In contrast, a sUAS weighing fewer than 50 lbs. and powered by batteries, eliminates 

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS 

is carried to the film set and not flown. The sUAS will carry no passengers or crew and, therefore, will 

not expose them to the risks associated with manned aircraft flights. 

The operation of small UASs, weighting less than 50 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, 

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

These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment 

and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in 

close proximity to the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Filming will be of people who have also consented to being filmed or otherwise have 

agreed to be in the area where filming will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security – provide more than adequate justification for the grant of the requested exemptions 

allowing commercial operation of applicant’s UAS in the motion photography and video recording

industry.