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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

DOCKET MANAGEMENT SYSTEM

1200 NEW JERSEY AVE., SE

WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

MVTPRO INC.

FOR AN EXEMPTION SEEKING RELIEF FROM 

THE REQUIREMENTS OF THE FAA REFORM ACT AND 

PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS C.F.R. §21, subpart H; C.F.R. §45.23 (b); §§ 61.113(a) & (b); 61.133(a); 91.7(a); 

91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a)(1); 

91.409(a)(2) and 91.417 (a) & (b)

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted	on	February	15,	2016	

MVT	PRO	INC.

3847	S.	Main	St.

Santa	Ana,	CA	92707

George@mvtpro.com

																																																																															
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INTRODUCTION AND INTERESTS OF THE APPLICANT

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,	 MVT	 Pro	 Inc.,	 (“MVT”)	 Operator	 of	 Small	

Unmanned	Aircraft	Systems	(“sUASs”)	equipped	to	conduct	aerial	photography	for	

the	commercial	video	industry	and	offer	on-demand	commercial	UAS	operations	for	

a	 host	 of	 industries,	 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	in	an	exemption	granted	under	either	Section	333.

As	 described	 more	 fully	 below,	 the	 requested	 exemption	 would	 permit	 the	

operation	 of	 small,	 unmanned	 and	 relatively	 inexpensive	 sUASs 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	

aerial	 filming	 and	 monitoring	 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.1

Description of Type, Make and Models of sUASs Requested:

The	 applicant is	 seeking	 an	 exemption	to	 commercially	 operate	 sUASs	 make and	

modes	as	follows:	

DJI	- Phantom	3,	DJI	- Inspire	1	

Each	 separately	 weighs	 55	 lbs.	 or	 less,	 with	 imaging	 payload	 and	 applicable	

equipment.	 Equipment	 operation	 manuals	 for each	 sUASs are	 included	 for	 your	

reference	and	are	affixed	separately	in	these	documents	labeled	Appendix.

																																																							

1		MVT	relies	upon	the	following	exemptions	where	specific	reference	to	an	exemption	is	not	provided:	

Exemptions	11062	thru	11067,	11080,	11109	through	11112,	11114,	11213,	11062	and	as	recent	as	11857.
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Commercial (Operation) Purpose: 

This	exemption	request, once	granted	would	allow	the	applicant to	operate	a	small	

unmanned	aerial	system	(UAS)	to	conduct,	photography	and	videography	of	

residential	and	commercial	real	estate,	weddings,	filmmaking,	cinematography,	and	

aerial	video	and	photography	for	public	and	private	use	including	television,	public	

events,	and	cinematography	live	feed	and	live	newsgathering,	training	to	persons	

individually	or	belonging	to	both	private	and	public	organizations	to	increase	

awareness	and	improve	safety	for	current	and	future	UAS	operations	within	the	

NAS,	special	events:	including	high	schools,	colleges,	professional	sports,	open	air	

events	and	fairs,	disaster	and	catastrophe	events.

The	name	and	address	of	the	applicant	is:

						

							MVTPro	Inc.

							George	Aurouth

							Phone:	714-424-9974

							Email:	George@mvtpro.com

							Address:	3847	S.	Main	St.,	Santa	Ana,	CA	92707		

Background

The	applicant,	MVTPRO is	under	George	Aurouth’s	direction.	George	Aurouth	is

known	as	an	experienced,	capable	and	trusted	professional	among	the	local	society.

MVT	Pro	Inc.	(MVT)	is	award	winning,	professional	film,	video,	multimedia	and	

event	Production	Company in	Orange	County,	CA	since	1984.	Company	has	served	

not	only	local	community	but	also	nation’s	leading	corporates	and	government	for	

last	30	years.	MVT	offers	a	wide	range	of	film,	video, multimedia	and	event	

production	services	such	as	video	production,	postproduction,	live	show	

production,	and	corporate	event	productions.		As	demands of	clients	have	been	

increased	regarding	aerial	photography,	video	and	film	recording,	in	order	to

fulfill	the	demands,	applicant	carefully	planed	and decided	to	operate	sUASs	in	

upcoming	productions.

				
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Regulations from which the exemption relief is requested:

14	C.F.R.	Part	21

14	C.F.R.	§	45.23(b)

14	C.F.R.	§	61.113	(a)	&	(b)

14	C.F.R.	§	61.133(a)

14	C.F.R.	§	91.7(a)

14	C.F.R.	§	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	C.F.R.	§	91.151	(a)

14	C.F.R.	§	91.203	(a)	&	(b)

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)	&	(b)

This	exemption	application	is	submitted	to	fulfill	Congress’	express	goal	in	passing	

Sections	 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:

 The	UAS’	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)	(emphasis	added).2

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	

																																																							

2 Applicant	interprets	this	provision	to	place	the	duty	on	the	Administrator	to	not	only	process	applications	for	

exemptions	under	section333,	but	for	the	Administrator	to	craft	conditions	for	the	safe	operation	of	the	sUASs,	if	

it	 should	 be	 determined	 that	 the	 conditions	 set	 forth	 herein	 do	 not	 fulfill	 the	 statutory	 requirements	 for	

approval.
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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	 of	 sections	 44702-

44716	of	this	title	if	the	Administrator	finds	the	exemption	is	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). This	 authority	 to	 grant	 exemptions	 reaches	 such	 issues	 as	

authorization	 of	 commercial	 operation	 of	 aircraft	 without	 an	 FAA	 issued	 pilot’s	

license.

MVT	Pro	Inc.’s	 sUASs	are	 rotorcraft,	weighting	less	than	55	lb.	including	payload.	

They	 operate,	 under	 normal	 conditions	 at	 a	 speed	 of	 no	 more	than	 50	 knots	 and	

have	 the	 capability	 to	 hover,	 and	 move	 in	 the	 vertical	 and	 horizontal	 plane	

simultaneously.	They	will	operate	only	in	line	of	sight and	will	operate	only	within	

the	 sterile	 area described	 in	 the	 flight	 safety	 manual,	 attached	 as	 Appendix	 A	

(hereinafter	 “the	 Manual”). Such	 operations	 will	 insure	 that	 the	 sUASs	 will	 “not	

create	a	hazard	to	users	of	the	national	airspace	system	or	the	public.”3

In	addition,	given	that	all	operations	will	be	conducted	below	400	AGL	feet	and	no	

closer	than	5	nautical	miles	of	the	geographic	center	of	an	airport	as	denoted	on	a	

current	 FAA	 published	 aeronautical	 chart, unless	 a	 letter	 of	 agreement	 with	 that	

airport’s	management	is	obtained,	MVT requests	that	operations	over	congested	or	

densely	populated	areas	be	allowed.	The	new	sUASs	do	have	GPS	geo-fencing; it	will	

operate	at	a	very	low	altitude,	within	 confined	areas. Such	operations	will	only	be	

under-taken	with	the	approval	of	the	land	or	home	owner,	as	set	forth	herein,	and	

will	comply	with	the requirements	that	operations	be	no	closer	than	500	feet	to	the	

adjacent	building	unless	the	land	owner has	provided	permission,	and	the	Operator	

has	made	a	safety	assessment	of	the	risk	from	such	operations.

Operator Requirements

Given	 the	 sUASs proposed	 by	 MVT,	 Operators	 should	 not	 be	 required	 to	 hold	 a	

private	 pilot	 license.	 MVT	 believes	that	 1)	the	 operator,	 instead	 of	 understanding	

how	 to	 operate	 a	 passenger	 carrying	 aircraft,	 should	 have	 knowledge	 and	

experience	that	enables	the	safe	operation	of	a	small,	remotely	piloted	sUASs should	

understand	 airspace	 restrictions	 and	 know	 how	 to	 ensure	 separation	 from	 other	

aircraft	as	well	as	non-participants	and	property;	2)	the	sUAS has	built-in technical

______________________________________________

3Reform	Act	Section	333	(b)
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capabilities	that	limit	the	potential	for	unsafe	operation	and	3)	there	are	other	

security	screening	mechanisms	already	in	existence	that	MVT will	utilize	to	ensure	

the	operators	are	acting	consistently	with	national	security	interests.

Given	the	 sUAS safety	 features	 outlined	 below,	 MVT proposes	that	 its	 operations	

under	 this	 Exemption	 request	 should	 not	 be	 required	 to	 hold	 a	 commercial	 or	

private	 pilot	 certification.	 Instead,	 Operators	 should	 be	 required	 to:	 have	

successfully	 completed,	 at	 a	 minimum,	 FAA	 private	 pilot	 ground	 instruction	 and	

passed	the	 FAA	 Private	 Pilot	written	 examination	 or	 FAA-recognized	 equivalents;	

have	 completed	 MVT’s training	 program	 by	 flight	 instructor	 for	 operation	 of	 the	

sUASs.

MVT notes	 that	 1)	 the	 FAA	 has	 found	 that	 safety	 factors	 permitted	 operation	 of	

sUASs	by	Operators	with	these	qualifications	in	the	case	of	operations	pursuant	to	

public	 COAs	 when	 the	 mandatory	 operating	 conditions	 specified	 above	 were	

present;	 and	 2)	 that	 the	 Notice	 of	 Proposed Rulemaking	 entitled	 Operation	 and	

Certification	of	Small	Unmanned	Aircraft	Systems,	80	F.R.	9544	(February	23,	2015)	

(“NPRM”),	 does	not	 require	the	 operator	to	hold	 a	 private	 pilot	 license	 or	 a	third	

class	medical.

See	 Federal	 Aviation	 Administration,	 Notice	 N-8900.227,	 Unmanned	 Aircraft	

Systems (UAS)	 Operational	 Approval,	 at	 20-21	 (July	 30,	 2013);	 As	 the	 FAA	 has	

determined in	Exemptions	11062	thru	11067,11080	and	11110	(the	“Exemptions”),	

in	 comparing	 the	 requirements	 for	 private	 pilot	 knowledge	 and	 the knowledge	

required	 for	 a	 commercial	 pilot,	 that	 knowledge	 associated	 with	 a	 private	 pilot	

license,	 and	therefore	 private	 pilot	 ground	 school,	 was	 sufficient	to	 allow	 private	

pilots	to	operate	sUASs	under	those	exemptions.	

Based	upon	that	analysis,	MVT	believes	successful	completion	of	FAA	private	pilot	

ground	school	is	a	suitable	predicate	to	operating	the	sUASs	under	this	exemption.	

DPS	 proposes	 that	 the	 Operator	 accumulate	 required	 sUASs	 flight	 training	 hours	

through	 the	 operation	 of	 sUASs	 rather	 than flight	 hours	 in	 conventional	 aircraft.	

Those	hours	are	more	relevant	to	the	operations	proposed	herein	than	hours	gained	

in	 obtaining	 a	 private	 pilot’s	 certificate	 in	 conventional	 or	 rotor	 aircraft.	 Those	

aircraft	are	orders	of	magnitude	heavier	than	the	sUASs	and	carry	not	only	the	pilot	

himself,	but	also	passengers	and	fuel,	none	of	which	is	carried	in	the	sUASs.	These	

conventional	 aircraft	 fly	 over	 all	 sorts	 of	 airspace	 without	 the	 permission	 or	

knowledge	of	the	landowner.	

A	handheld	radio	controller controls	the	sUASs	and	the	vehicle	is	operated	within	

the	 line	 of	 sight.	The	 requirements	 of	Part	 61.127	(commercial	flight	 proficiency)	

and	 §61.107	 (private	 flight	 proficiency),	 to	 the	 extent	 they	 are	 relevant	 to	 UAS	

operations,	 can	 be	 taught	 in	 the	 training	 proposed	 herein.	 As	 a	 review	 of	 the	

requirements	 of	 part	 61.127	 and	 107	 demonstrate,	 the	 issues	 presented	 as	 they	

relate	 to	 a	 55	 pound	 aircraft,	 operating	 at	 less	 than	 30	 mph	 during	 filming	

operations	 are	 those	 taught	 in	 ground	 school	 and	 in	 flight	 training	 with	 the	
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particular	 UAS	 and	 not	 gained	 from	 accumulating	 flight	 hours	 in	 a	 fixed	 wing	 or	

rotorcraft	 gas	 or	 jet	A	powered	 aircraft	 completing	 cross	 country	flights	 and	take	

offs	and	landings	at	controlled	and	uncontrolled	airports.

As	to	national	 security	 review	of	pilots,	each	of	MVT’	pilots/operators	will	obtain	

internally	provided	certified	training		(Ground	and	Practical)	from	MVT to	operate	

the	sUASs.	This	review	and	certification	could	reasonably	vet	the	Operators	against	

any	known	terrorist	or	no	fly	listings	that	are	relevant	and	publically	available.

MVT additionally	asks	that	the	exemption	be	issued	without	the	requirement	for	a	

visual	observer.	As	set	forth	herein,	an	equivalent	level	of	safety	is	provided	by	the	

size,	 speed	 and	 control	 capabilities	 of	 the	 aircraft,	 as	 well	 as	 the	 operational	

procedures	that	will	be	applicable	to	all	flight	hereunder.	These	obviate	the	need	for	

the	visual	observer.	

The	Operator	will	be	operating	the	aircraft,	always	within	line	of	 sight.	He	or	 she	

will walk	and	follow	the	aircraft	around	the	inspection	area	so	that	while	it	is	flying	

its	pre-programed	and	at	times,	manual	flight	path,	the	UAS	will	always	be	directly	

in	his	or	her	line	of	sight.	The	Operator	will	not	be	distracted	by	viewing	the	pictures

that	taken	during	the	flight.	Rather,	once	the	sUAS is	launched,	the	Operator’s	only	

duty	 will	 be	 to	 watch	 the	 flight	 of	 the	 UAS	 over	 the	 structure	 and	 intervene	 to	

address	 flight	 path	 deviations	 or	 other	 issues	 that	 arise	 during	 the	 flight.	 The	

functions that	 an	 observer	performs	where	the	 aircraft	 is	flown	 at	 long	 distances	

from	the	 launch	 area	 will	 not	 be	 necessary	 as	the	Operator	 will	 always	 have	the	

aircraft	in	his	or	her	direct	 sight.	The	observer	also	will	not	be	necessary	because	

the	 Operator	 will	 conduct	 a	 pre-flight	 inspection	 of	 the	 area,	 will	 and	 if	 needed,	

cordon	 off	 the	 area	 and	 will	 perform	 frequent	 visual	 scans	 of	 the	 area	 while	 the	

vehicle	is	operating.

MVT again	notes	that	the	NPRM	does	not	require	the	use	of	a	visual	observer.	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	sUASs	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.	4

4 Should	 the	 FAA	 determine	 that	 it	 cannot	 grant	 such	 an	 exemption	 for	 operations	 without	 a	 FAA	 licensed	

private	 pilot,	 despite	the	 showing	 made	 herein,	 under	the	 statutory	 authority	the	 FAA	 already	 has,	 DPS	 will	

operate	its	aircraft	with	pilots	holding	at	least	a	private	pilot	certificate	issued	by	the	FAA.	In	that	event,	DPS	

requests	that	the	exemption	be	granted	with	conditions	similar	to	those	contained	in	numbered	paragraphs	14-

15	in	Exemption	11136
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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	at	least	an	equivalent	or	even	higher	level	of	safety	to	

operations	under	the	current	regulatory	structure	because	the	proposed	operations	

represent	 a	 safety	 enhancement	 to	 the	 already	 safe	 commercial	 video	 filming	

operations	 conducted	with	 conventional	 aircraft or	with	 humans	 climbing	 up	 and	

around	structures.

These	limitations	and	conditions	to	which	MVT	(referred	to	as	“Operator”)	agrees	to	

be	bound	when	conducting	commercial	operations	under	an	FAA	issued	exemption	

include:	

1) Operations	authorized	by	this grant	of	exemption	are	limited	to	

the	aircraft	described	in	the	Operator’s	manual,	which	is	a	multirotor	weighing	less	than	55	pounds:	Proposed	operations	of	any	

other	aircraft	will	 require	a	new	application or	a	application to	

amend	this	grant.	

2) Maximum total	flight	time	for	each	operational	flight	will	be	20	

minutes.	 Flights	 will	 be	 terminated	 at	 25%	 battery	 power	

reserve	should	that	occur	prior	to	the	20	minute	limit.	

3) The	sUASs may	not	be	flown	at	an	indicated	airspeed	exceeding	

30	mph	(10	mph	during	inspections).	

4) The	sUASs must	be	operated	at	an	altitude	of	no	more	than	400	

feet	above	ground	level	(AGL),	or	not	more	than	200	feet	above	

an	elevated	platform	from	which	filming	is	planned.	All	altitudes	

reported	to	ATC	must	be	in	feet	AGL.	

5) Minimum	crew for	each	operation	will	be	consisted	of	the	sUAS	

pilot,	the	visual	observer,	and	the	camera	operator.	

6) Pilot	and	observer	will	have	been	trained	in	operation	of	sUASs	

generally	 and	 received	 latest	 information	 on	 the	 particular	

sUASs	to	be	operated	as	required.

7) Pilot	and	observer	will	be	able	to	communicate	by	voice	during	

the	operation	of	sUAS.
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8) The	sUASs must	be	operated	within	visual	line	of	sight	(VLOS)	of	

the	 Aircraft	 Operator	 at	 all	 times.	 This	 requires	 the	 Aircraft	

Operator	to	be	able	to	use	human	vision	unaided	by	any	device	

other	than	corrective	lenses.

9) The	Exemption	Holder’s	Manuals	must	be	amended	to	include	all	

conditions	 and	 limitations	 required	 by	 the	 FAA.	 The	 Manuals	

must	 be	 maintained	 and	 made	 available	 to	 the	 Administrator	

upon	request.	If	a discrepancy	exists	between	the	conditions	and	

limitations	in	the	exemption	and	the	procedures	outlined	in	the	

Exemption	 Holder’s	 Operator’s	 manual,	 the	 conditions	 and	

limitations	 in	 the	 exemption	 take	 precedence	 and	 must	 be	

followed.	 Otherwise,	 the	 Aircraft	 Operator	 must	 follow	 the	

procedures	 as	 outlined	 in	 its	Aircraft’s	 manual.	The	Exemption	

Holder	 may	 update	 or	 revise	 its	 Manuals.	 It	 is	 the	 Exemption	

Holder’s	 responsibility	 to	 track	 such	 revisions	 and	 present	

updated	 and	 revised	 documents	 to	 the	 Administrator	 upon	

request.	The	Exemption	Holder	must	 also	present	updated	 and	

revised	documents	if	it	petitions	for	an	extension	or	amendment	

of	this	exemption.	If	the	Exemption	Holder	determines	that	any	

update	 or	 revision	 would	 affect	the	 basis	 upon	 which	the	 FAA	

granted	 this	 exemption,	 then	 the	 Exemption	 Holder	 must	

petition	for	amendment	to	its	exemption.

10) Prior	to	each	flight,	the	Aircraft	Operator	must	inspect	the	sUASs

to	 ensure	 it	 is	 in	 a	 condition	 for	 safe	 flight.	 If	 the	 inspection	

reveals	 a	 condition	that	 affects	the	 safe	 operation	 of	the	 sUAS,	

the	 aircraft	 is	 prohibited	 from	 operating	 until	 the	 necessary	

maintenance	has	been	performed,	and	the	sUAS	is	found	to	be	in	

a	 condition	for	 safe	flight.	The	Ground	Control	Station	must	be	

included	 in	 the	 preflight inspection.	 All	 maintenance	 and	

alterations	must	be	properly	documented	in	the	aircraft	records.

11) Any	 sUASs that	has	undergone	maintenance	or	 alterations	that	

affect	 the	 sUASs operation	 or	 flight	 characteristics,	 e.g.,	

replacement	 of	 a	 flight	 critical	 component,	 must	 undergo	 a	

functional	test	flight	in	accordance	with	the	Exemption	holder’s	

Manuals.	The	Aircraft	Operator	who	conducts	the	functional	test	

flight	 must	 make	 an	 entry	 in	the	 sUASs aircraft	 records	 of	the	

flight.	 The	 requirements	 and	 procedures	 for	 a	 functional	 test	

flight	and	aircraft	record	entry	must	be	added	to	the	Exemption	

Holder’s	Operator’s	manual.

12) The	 Exemption	 Holder	 must	 follow	 the	 manufacturer’s	 sUASs

aircraft/component,	 maintenance,	 overhaul,	 replacement,	

inspection,	and	life	limit	requirements,	with	particular	attention	
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to	 flight	 critical	 components	that	 may	 not	 be	 addressed	 in	the	

manufacturer’s	manuals.

13) The	 Exemption	 Holder	 must	 carry	 out	 its	 maintenance,	

inspections,	 and	 record	 keeping	 requirements	 in	 accordance	

with	 the	 Operator’s	 Manuals.	 Maintenance,	 inspection,	 and	

alterations	must	be	noted	in	the	aircraft	logbook,	including	total	

flight hours,	description	of	work	accomplished,	and	the	signature	

of	the	authorized	technician	returning	the	UAS	to	service.

14) The	authorized	technicians must	receive	and	document	training	

referenced	in	the	Exemption	Holder’s	Manuals.

15) Each	UAS	operated	under	this	exemption	must	 comply	with	all	

manufacturer	System	and	Safety	Bulletins.

16) The	 Exemption	 Holder’s	 maintenance	 personnel	 must	 make	 a	

record	entry	in the	sUASs logbook	or	equivalent	document	of	the	

corrective	 action	 taken	 against	 discrepancies	 discovered	

between	inspections.

17) Prior	to	commencing	operations,	the	Aircraft	Operator	shall	have	

logged	at	least	25	hours	of	total	time	as	a	UA	rotorcraft	pilot	and	

at	least	ten	hours	logged	as	a	 sUASs pilot	with	a	 similar	 sUASs

type	and	5	hours	in	the	make	and	model.

18) If	 the	 sUASs lose	 communications	 or	 lose its	 GPS	 signal,	 the	

sUASs must	 return	 to	 a	 pre-determined	 location	 within	 the	

private	or	 controlled-access	property	and	land	or	be	 recovered	

in	accordance	with	the	Exemption	Holder’s	Manuals.

19) The	 Aircraft	 Operator	 must	 abort	 the	 flight	 in	 the	 event	 of	

unpredicted	 obstacles	 or	 emergencies,	 including	 unauthorized	

people	 entering	 the	 flight	 area,	 in	 accordance	 with	 the	

Exemption	Holder’s	Manuals.

20) The	Aircraft	Operator	is	prohibited	from	beginning	a	sUASs 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,	to	fly	after	that	for	at	least	10	

minutes.

21) All	aircraft	operated	in	accordance	with	the	exemption	must	be	

identified	 by	 serial	 number,	 registered	 in	 accordance	 with	 14

CFR	 part	 47,	 and	 have	 identification	(N- Number)	 markings	 in	

accordance	with	14	CFR	part	45,	Subpart	C.	Markings	must	be	as	

large	as	practicable.
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22) Before	 conducting	 operations,	 the	 radio	 frequency	 spectrum	

used	for	 operation	 and	 control	of	the	 sUASs must	 comply	with	

the	 Federal	 Communications	 Commission	 (FCC)	 or	 other	

appropriate	government	oversight	agency	requirements.

23) The	documents	required	under	14	CFR	91.9	and	91.203	must	be	

available	 to	 the	 Operator	 at	 the	 Ground	 Control	Station	 of	 the	

sUASs any	time	the	aircraft	is	operating.	These	documents	must	

be	made	available	to	the	Administrator	or	any	law	enforcement	

official	upon	request.	

24) The	 sUASs must	 remain	 clear	 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.).

25) The	Operator	 who	 is	 in	 any	 moving	 device	 or	 vehicle	 may	 not	

operate	the	sUASs.

26) sUASs	operations	may	not	be	conducted	during	night,	as	defined	

in	14	CFR	1.1.

27) All	 operations	 must	 be	 conducted	 under	 visual	 meteorological	

conditions	(VMC).	The	sUASs may	not	be	operated	less	than	500	

feet	below	or	less	than	2,000	feet	horizontally	from	 a	 cloud	or	

when	visibility	is	less	than	2 statute	miles	from	the	Operator.

28) During	operations	the	sUASs may	not	operate	within	5	nautical	

miles	 of	 the	 geographic	 center	 of	 an	 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,	 if	 as	

required	by	the	Operator’s	COA.	The	letter	of	agreement	with	the	

airport	 management	 must	 be	 made	 available	 to	 the	

Administrator	upon	request.

29) The	 sUASs may	 not	 be	 operated	 over	 congested	 or	 densely	

populated	areas	unless	the	conditions	set	for	in	#30 are	satisfied.	

These	populated	areas	include	but	are	not	limited	to	the	yellow	

areas	 depicted	 on	 World	 Aeronautical	 Charts	(WAC),	Sectional	

Aeronautical	Charts	(Sectionals),	or	Terminal	Area	Charts	(TAC).	

However,	 aeronautical	 charts	 may	 not	 reflect	 pertinent	 local	

information.	 Ultimately,	 it	 is	 the	 Operator’s	 responsibility	 to	

maintain	the	 minimum	 safe	 altitudes	 required	 by	 §	 91.119	(d)	

(1).	
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30) Flight	 operations	 must	 be	 conducted	 at	 least	 200 feet	 from	 all	

nonparticipating	 persons,	 vessels,	 vehicles,	 and	 structures	

unless:	

a. Barriers	or	 structures	 are	present	that	 sufficiently	protect	

nonparticipating	 persons	 from	 debris	 in	 the	 event	 of	 an	

accident.	 The	 Aircraft	 Operator	 must	 ensure	 that	

nonparticipating	persons	remain	under	such	protection.	If	a	

situation	arises	where	nonparticipating	persons	leave	such	

protection	 and	 are	 within	 30	 feet	 of	 the	 sUASs,	 flight	

operations	must	cease	immediately	and/or;

b. The	aircraft	is	operated	near	vessels,	vehicles	or	structures	

where	 the	 land	 owner/controller	 has	 granted	 permission	

and/or	the	Aircraft	Operator	has	made	a	safety	assessment	

of	the	risk	of	operating	closer	to	those	objects	and;

c. Operations	 near	 the	 Aircraft	 Operator	 do	 not	 present	 an	

undue	hazard	to	the	Operator	per	§	91.119(a).

31) All	 operations	 shall	 be	 conducted	 over	 private	 or	 controlledaccess	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.

32) Any	incident,	accident,	or	flight	operation	that	transgresses	the	

lateral	or	vertical	boundaries	of	the	operational	area	as	defined	

by	 the	 applicable	 COA	 must	 be	 reported	 to	 the	 FAA’s	 UAS	

Integration	Office	(AFS-80)	within	24	hours.	Accidents	must	be	

reported	 to	 the	 National	 Transportation	 Safety	 Board	 (NTSB)	

per	instructions	contained	on	the	NTSB	Web	site:	www.ntsb.gov.	

								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)	 (1).	 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	safely	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	
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particular	 sUASs.	 In	 all	 cases,	 an	 analysis	 of	 these	 criteria	 demonstrates	 that	 the	

sUASs	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	sUASs to	be	operated	hereunder	is	less	than	55	lbs.	fully	loaded,	carries	neither	

a	pilot	nor	passenger,	carries	no	explosive	materials	or	flammable	liquid	fuels,	and	

operates	 exclusively	within	 a	 secured	 area	 as	 set	 out	 in	the	 Manual.	Unlike	 other	

civil	 aircraft,	 operation	 under	 this	 exemption	 will be	 tightly	 controlled	 and	

monitored	by	both	the	operator,	pursuant	to	the	Manual’s	requirements,	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.	

The	 FAA	 will	 have	 advance	 notice	 of	 all	 operations.	 These	 safety	 enhancements,	

which	already	apply	to	civil	aircraft	operated	in	connection	with	motion	picture	and	

television	production,	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	

sUASs,	 due	to	 its	 size,	 speed	 of	 operation,	 location	 of	 operation,	 lack	 of	 explosive	

materials	or	flammable	liquid	fuels,	and	inability	to	carry	a	substantial	external	load.		

							14	C.F.R.	§	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	no	more	than	6	inches	high,	the	words	“limited,”	

				“restricted,”	“light-sport,”	“experimental,”	or	“provisional,”	as	applicable.

Even	though	the	sUASs	will	have	no	airworthiness	certificate,	an	exemption	may	be	

needed	as	the	sUASs	will	have	no	entrance	to	the	cabin,	cockpit	or	pilot	station	on	

which	the	word “Experimental”	can	be	placed.	Given	the	size	of	the	sUASs,	two-inch	

lettering	will	be	impossible.	The	word	“Experimental”	will	be	placed	on	the	fuselage	

in	compliance	with	§45.29	(f).

The	equivalent	level	of	safety	will	be	provided	by	having	the	sUASs	marked	on	its	

fuselage	as	required	by		§45.29	(f)	where	the	pilot,	observer	and	others	working	

with	the	sUASs	will	see	the	identification	of	the	sUASs	as	“Experimental.”	The	FAA	

has	issued	the	following	exemptions	to	this	regulation	to	Exemptions	Nos.	10700,	

8738,	10167	and	10167A.
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14	C.F.R.	§	61.113(a)	&	(b):	Private	Pilot	Privileges	and	Limitations: Pilot	in	

Command.	

Section	61.113(a)	&	(b)	limit	private	pilots	to	non-commercial	operations.	Unlike	a	

conventional	aircraft	that	carries	a	pilot,	passengers,	and	cargo,	the	MVT’	sUASs	are	

remotely	 controlled	 with	 no	 passengers	 or	 property	 of	 others	 on	 board.	 Section	

61.133(a)	 requires	 an	 individual	 with	 a	 commercial	 pilot’s	 license	 to	 be pilot	 in	

command	of	an	aircraft	for	compensation	or	hire.	

MVT	respectfully	proposes	that	Operator	requirements	should	take	into	account	the	

characteristics	 of	 the	 particular	 sUAS.	 MVT’s sUASs have a	 high	 degree	 of	 preprogrammed	control	and	various	built-in	technical	capabilities	that	strictly	limit	the	

potential	 for	 operation	 outside	 of	 the	 operating	 conditions	 set	 forth	 in	 the	

exemption	 application.	 The	 MVT’s sUASs has	 navigation	 and	 control	 system	

comprised	of	a	Ground	Control	Station	(GCS)	and	auto-pilot	system	that	can	be	preprogrammed	 to	 set	 operational	 boundaries.	 All	 flights	 are	 pre-programmed	 with	

precision	GPS	 guidance. In	the	 case	 of	 unplanned	 events,	the	Operator	 may	 input	

pre-programmed	 evasive	 maneuvers	 from	 the	 control	 unit,	 and	 the	 onboard	

autopilot	 executes	 those	 maneuvers.	 Pre-programmed	 Operator	 interventions	

include	initiation	of	holding	at	present	position;	suspension	of	mission;	fly	back	to	

launch	point;	abort	mission	and	land	immediately;	and	emergency	power	cut	off	and	

land	(Flight Termination	System).	

Additional	automated	 safety	functions	and	 safety	enhancing	features	of	the	MVT’s

sUASs	may	include	the	following:

1.1.	Autopilot	 detection	 of	 lost	GPS	 or	 of	 insufficient	 satellites	 initiates	 an	

immediate	landing.

1.2.	Low	power	on the	aircraft	triggers	escalating	alarms	at	GCS	at	35%	and	

10%	levels.	Low	power	below	10%	triggers	an	immediate	landing.

1.3.	If	the	autopilot	detects	a	lost-link	to	the	ground	controller,	the	UAS	will	

hold	position	at	its	current	location	for	5	seconds	and	if	the	signal	is	not	

restored,	execute	a	return	to	home	and	land.

1.4.	Redundant	“kill	 switches”	that	 enable	 completely	 shutting	the	 aircraft	

down	 in	 flight	 in	 the	 event	 of	 a	 loss	 of	 control	 or	 un-commanded	

deviation	from	the	flight	path.	

1.5.	The	aircraft,	weighs	less	than	55	lbs.,	fully	loaded.

1.6.	 The	 motors	 are	 driven	 by	 pulse	 width	 modulated	 signals,	 not	 analog	

signals.

1.7.	 The	 aircraft	 will	 operate	 for	 the	 Purposes	 at	 no	 more	 than	 30	 mph	

(while	imaging)	and	no	more	than above	200	feet	above	the	structure	

(imaging	altitude)	or	a	maximum	of	400	AGL.	
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							Given	these	 safety	features,	 MVT proposes	that	Operators	 of	the	 MVT’s sUASs	

should	not	be	required	to	hold	a	commercial	or	private	pilot	certification.	

Instead,	 Operators	 should	 be	 required	 to:	 have	 successfully	 completed,	 at	 a	

minimum,	 FAA	 private	 pilot	 ground	 instruction	 and	 passed	the	 FAA	 Private	 Pilot	

written	 examination	 or	 FAA-recognized	 equivalents;	 have	 completed	 the	

manufacturer’s	or	MVT’s training	program	for operation	of	the	UAS.

MVT notes	that	the	FAA	has	found	that	safety	factors	permitted	operation	of	UASs	

by	Operators	with	these	qualifications	in	the	case	of	operations	pursuant	to	public	

COAs	where	the	mandatory	operating	conditions	specified	above	were	present.	See,	

Federal	 Aviation	 Administration,	 Notice	 N-8900.227,	 Unmanned	 Aircraft	 Systems	

(UAS)	Operational	Approval,	at	20-21	(July	30,	2013).	Likewise,	MVT notes	that	the	

NPRM	does	not	require	that	the	Operator	hold	a	private	pilot	license	issued	by	the	

FAA.

Given	 these	 conditions	 and	 restrictions,	 an	 equivalent	 level	 of	 safety	 will	 be	

provided	by	allowing	operation	of	the	DPS’	sUAS without	a	private	pilot’s	certificate	

or	a	commercial	pilot’s	certificate,	under	the	conditions	set	forth	herein.

The	 risks	 associated	with	the	operation	of	the	MVT’s sUASs (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	 sUASs as	 set	forth	 above	meets	or	exceeds	the	present	

level	of	safety	provided	under	14	C.F.R.	§	61.113(a)	&	(b)	and	does	not	rise	to	the	

level	of	requiring	a	commercial	pilot	to	operate	the	aircraft	under	§	61.133(a).

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

This	 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	that	

the	Operator	has	agreed	to	as	it	relates	to	airworthiness,	as	contained	in	the	manual,	

an	 equivalent	 level	 of	 safety	 will	 be	 achieved	 by	 insuring	 compliance	 with	 the	

manuals	 prior	to	 each	flight.	 The	 FAA	 has	 granted	 exemptions	to	 conduct	 similar	

operations	in	Exemptions	11062	through	11067,	11080	and	11110.
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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.

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

ground	control	point	where	the	operator	flying	the	sUAS	will	have	immediate	access	

to	it.	The	FAA	has	issued	the	following	exemptions	to	this	regulation:	Exemption	

Nos.	8607,	8737,	8738,	9299,	9299A,	9565,	9565B,	10167,	10167A,	10602,	32827,	

and	10700.

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	as	set	forth	in	the	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.

Safe	simulation	and	practice	flight	will	be	carried	out	in	controlled	environments.	

All	simulations	will	be	carried	out	on	a	computer	using	the	drone	controls.	Any	

practice	flying	will	take	place	in	a	safe	environment,	with	no	risk	to	human	life	
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below.	

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,	an	exemption	may	be needed	to	allow	such	operations.	As	set	forth	herein	the	

sUASs	will	never	operate	at	higher	than	400 AGL.

The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	and	speed	of	

the	sUASs	as	well	as	the	location	where	it	is	operated.	No	flight	will	be	taken	without	

the	permission	of	the	property	owner,	facility	owner,	and/or	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	Manuals.	Compared	

to	flight	operations	with	aircraft	or	rotorcraft	weighing	far	more	than	the	maximum	

55	lbs.	and	the	lack	of	flammable	fuel,	any	risk	associated	with	these	operations	is	

far	 less	 than	 those	 presently	 presented	 by	 conventional	 aircraft	 operating	 at	 or	

below	 500	 AGL	 in	 the	 aerial	 photography	 industry.	 In	 addition,	 the	 low-altitude	

operations	of	the	sUASs	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	through	11067,	11080	and	11110.

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	MVT’s	

sUASs,	in	manual	or	emergency	mode,	will	not	have	a	barometric	altimeter	display,	

but	 instead	 a	 GPS	 altitude	 display,	 an	 exemption	 will	 be	 needed.	 The	 Operator,	

pursuant	to	the	procedures	set	forth	in	the	Manuals	as	indicated	before	flight,	will	

achieve	an	equivalent	level	of	 safety.	The	FAA	has	granted	exemptions	to	 conduct	

similar	operations	in	Exemptions	11062	through	11067,	11080	and	11110.

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	
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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	 25 minutes	 of	 powered	

flight.	To	meet	the	30-minute	reserve	requirement	in	14	CFR	§91.151,	sUAS	flights	

would	be	limited	to	approximately	20 minutes	in	length.	Given	the	limitations	on	the	

UAS’	 proposed	 flight	 area	 and	 the	 location	 of	 its	 proposed	 operations	 within	 a	

predetermined	area,	a	longer	time	frame	for	flight	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	 sUASs. Additionally,	 limiting	

sUAS	flights	to	20	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	25%	of	remaining	battery	power	whichever	happens	first.	

This	 restriction	would	 be	 more	than	 adequate	to	 return	the	 sUASs 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,	 through11067,	 11080	 and	

11110.

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	sUAS	fully	loaded	weights	no	more	than	55	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.
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As	equivalent	level	of	safety	will	be	achieved	by	keeping	these	documents	at	the	

ground	control	point	where	the	operator	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); 91.407 (a) (1); 91.409(a) (2); 91.417(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	sections	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	or	manufacturer	pursuant	to	the	flight	manual	 and	

operating	handbook	as	referenced	in	the	Manuals	attached	as	confidential	Exhibits	

An	equivalent	level	of	safety	will	be	achieved	because	these	sUASs	are	very	limited	

in	size	and	will	carry	a	small	payload	and	operate	only	in	defined	areas	for	limited	

periods	of	time.	If	mechanical	issues	arise,	the	sUAS	can	land	immediately	and	will	

be	operating	from	no	higher	than	400	feet	AGL.	As	provided	in	the	Aircraft	Flight	

Operations	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.	 In	 addition,	 the	 Operator	 and	 manufacturer	 are	 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	through	11067,	11080	and	11110.

Privacy	and	National	Security

All	flights	will	occur	over	private	or	controlled	access	property	with	the	property	

owner’s	prior	consent	and	knowledge.	Inspection	will	be	of	inanimate	objects	in	

areas	where	the	owners	will	have	consented	to	the	inspections	or	otherwise	have	

agreed	to	allow	the	sUASs	and	the	Operator	to	be	in	the	area	where	operations	will	

take	place.		

The	size	of	the	sUASs,	its	speed	and	restricted	area	of	operation	do	not	raise	

national	security	issues.
MVT	Pro	Inc.	3847	S.	Main	St.	Santa	Ana,	CA	92707

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Federal	Register	Publication

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.	 §21,	 subpart	 H;	 14	 C.F.R.	 §45.23	 (b);	 §§	 61.113(a)	 &	 (b); 61.133(a);	

91.7(a);	 91.9(b)(2);	 91.103;	 91.109;	 91.119;	 91.121;	 91.151(a);	 91.203(a)&(b);	

91.405(a); 91.407(a)(1);	91.409(a)(2)	and	91.417	(a)	&	(b)	to	operate	commercially	

a	small	unmanned	aircraft	system (55	lbs.	or	less)	for aerial	video	and	photography	

for	public	and	private	use	including	television,	public	events,	cinematography, live	

feed	and	live	newsgathering.

Approval	of	exemptions	allowing	commercial	operations	of	sUASs	in	the	Film	and	

TV	production	industry	will	enhance	safety	by	reducing	risk.	Conventional	

operations,	using	jet	or	piston	powered	aircraft,	ladders	or	placing	people	on	roofs	

or	tall,	hazardous	structures,	exposes	them	to	higher	risk	than	those	created	by	use	

of	a	sUASs.	Instead	of	carrying	large	amounts	of	jet A, other fuel	or	heavy	load	of	

equipment in	the	neighborhood,	sUAS	is	less	than	55	lbs.	and	powered	by	batteries	

which	eliminates	virtually	all	of	that	risk	given	the	conventional	operation to	

producing	media.

The	operation	of	small	sUASs 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	sterile	environment	and,	as	a	result,	are	far	

safer	than	conventional	operations	conducted	with	turbine	helicopters	operating	in	

close	proximity	to	the	ground	and	people.

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	 sUASs in	 the	 commercial	 video	 production	

industry	pursuant	to	the	Manual	appended	hereto.

Sincerely,

George	Ayrouth

MVT	Pro	Inc.

3847	S.	Main	St.

Santa	Ana,	CA	92707

2/15/2016
MVT	Pro	Inc.	3847	S.	Main	St.	Santa	Ana,	CA	92707

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Appendix:

A:	No	Fly	Zone

B:	Safety	Manual

C:	Make	and	Models	of	sUASs

D:	Flight	Log/	10hour	Maintenance	and	repair	Log

E:	User	Manual	of	sUASs

Appendix	A:	No-Fly	Zone

Operators of	MVT	Pro	Inc. will	not	operate sUASs	within	5	nautical	miles	of	

any	airports.

As	 a	 safety	 precaution,	 pilots	 of	 MVT	 Pro	 Inc.	 will	 not	 operate	 within	 5	 nautical	

miles	 of	 any	 airports	 similar	to	the	 permission	 granted	 in	 Exemption	No.	 11153-

Regulatory	Docket	No.	FAA20140519,	page	25,	“20.	The	UA	may	not	operate	within	5	

nautical	miles	 of	 an	 airport	 reference	 point	 as	 denoted	 on	 a	 current	 FAA-published	

aeronautical	 chart	 unless	 a	 letter	 of	 agreement	 with	 that	 airports	 management	 is	

obtained,	and	the	operation	is	conducted	in	accordance	with	a	NOTAM	as	required	by	

the	 operators	 COA.	 The	 letter	 of	 agreement	 with	 the	 airport	 management	 must	 be	

made	available	to	the	Administrator	upon	request.”

As	well	as	in	Exemption	No.	11195	– Regulatory	Docket	No.	FAA20140884,	page	12,	

“19.	The	UA	may	not	operate	within	5	nautical	miles	of	an	airport	reference	point	as	

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

with	 that	 airport	 management	 is	 obtained,	 and	 the	 operation	 is	 conducted	 in	

accordance	with	a	Notice	to	Airmen	(NOTAM),	as	required	by	the	operators	Certificate	

of	 Waiver	 or	 Authorization	 (COA).	 The	 letter	 of	 agreement	 with	 the	 airport	

management	must	be	made	available	to	the	Administrator	upon	request.”

MVT	 Pro	 Inc.	 requests	 the	 same	 flexibility	 as	 exemptions	 11153	 and	 11195	 for	

acquiring	agreement	with	the	airports’	management	should	operations	fall	within	5	

nautical	miles	of	an	airport.
MVT	Pro	Inc.	3847	S.	Main	St.	Santa	Ana,	CA	92707

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Appendix	B:	Safety	Manual

a) Maintenance

1) A	factory-trained	technician	must	inspect	the	sUASs	every	10	hours flight.	

All	maintenance	records	will	be	maintained	for	inspection	as	set	forth	in	

Section	B.

2) If	any	maintenance	is	undergone,	the	 sUASs	must	pass	a	flight	test	with	

both	a	pilot	and	manufacturer	trained	technician	before	flight.	

b) Recording	Keeping

1) A	digital	record	will	be	kept	for	all	flights,	flight	times,	and	maintenance	

records.

c) Securing	Flight	Site

1) FSDO	Submissions

The	 sUASs operators 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.

2) Safety	Parameter

Before	filming	occurs,	a	100-yard	perimeter	from	the	planned	flight	path	

will	be	identified	in	order	to	set	a	“Sterile”	environment	for	the	operation	

of	sUASs.

												i)	MVT	Pro	Inc.	must	obtain	written	or	oral	permission	from	all	

									landowners	in	sterile	environment.

				ii)	48	hours	before	filming,	all	residents	or	businesses	within	100	yards	

									of	the	filming	will	be	notified	with	printed	flyers	that	contain	date	of	

									flight,	time	of	flight,	and	contact	information.

			iii)	Streets	and	sidewalks	that	cross	into	the	sterile	environment	will	be	

										marked	with	“Warning-Low	Flying	Aircraft-Stay	Back	200ft”

3) Identify	Potential	Obstacles

Before	each	flight,	an	inventory	will	be	taken	for	all	potential	hazardous	

obstacles	that	must	be	avoided	while	in	flight	which	are:	Nearest	Airport	

or	 helipad	 which	 must	 be	 at	 least	 5	 nautical	 miles	 far	 from	 flight	 site,	

Power lines,	Cell	phone	tower,	Trees,	Birds,	Heavily	traveled	 roadways,	

Utility	wires,	Elevated	Structures.					
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d) Pre-Flight	Checklist

1) Precision	Calibration	of	onboard	GPS	System	

The	sUASs have	onboard	GPS	systems	that	are required	to be calibrated

satellites	signals	to	pinpoint	its	exact	location	before	every	flight. 							

2) Take	Off	Location/	Home	Point

The	sUASs	will	mark	its	take	off	location	as	“Home	point”	that	a	safe	area	

to	return	when	the	sUAS	lose	signal	with	the	control	or	if	the	pilot	signals	

the	sUASs	to	return	to	its	“Home	point”	location.

i) Take	off	location	will	be	in	an	area	with	a	25ft	radius	with	no	

obstructions,	maintaining	safe	radius	vertically	200ft.

ii) The	sUASs	will	take	off	and	land	in	the	same	location.

iii) GPS	Altimeter	will	be	marked	as	0’	elevation.

3) Flight	Canceling	Events

All	Flights	will	be	 cancelled	for	minimum	of	2	hours	if	any	of	the	below	

occurs:

i) Police	activity	in	the	area

ii) Medical/News	Helicopters	active	in	the	area

iii) Wind	exceeding	10	mph

iv) Low	flying	aircraft	in	the	area

v) Any	 emergency	 requiring	 emergency	 services	 occurs	within	

the	sterile	environment

vi) PIC	 is	 unable	to	 complete	flight	without	 losing	 visual	 of	the	

sUASs

vii) Heavy	bird	presence	in	the	area	that	could	cause	bird	strike	

viii) Any	defects	or	damage	found	during	preflight	exam		

4) Physical	Inspection

Before	each	flight	the	sUASs	will	be	checked	to	ensure	that	it	is	safe	for	

flight.

i) Battery	 voltage	 will	 be	 checked	 to	 ensure	 it	 is	 more	 than	

85%

ii) Blades	 will	 be	 inspected	 to	 ensure	 they	 are	 tightened	 and	

free	of	damages

iii) Camera	 gimbal	 will	 be	 inspected	 to	 ensure	 it	 is	 fully	

attached	and	operating

iv) sUASs	will	be	checked	for	any	Damage	that	may	have	taken	

place	in	transit

v) The	 sUASs	 will	 be	 tested	 at	 a	 low	 altitude	 to	 ensure	 all	

controls	are	responding	correctly

If	any	party	of	the	inspecting	shows	a	damaged	part	or	parts,	the	sUAS	is	

grounded	 and	 deemed	 non-usable	 and	 must	 be	 inspected	 by	 a	 factory	

trained	technician.
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5) Post	Flight	Inspections/	Checklist

After	each	flight,	the	sUASs	will	be	thoroughly	inspected	fro	any	damages	

that	may	occur	in	flight.

i) Body	inspected	for	any	damage

ii) Blades	visually	checked	for	any	damages	

iii) Battery	checked	for	damage

e) Flight	Safety	Protocol

					

1) Max	Speed

i) Accent:	10m/s

ii) Decent:			4m/s

iii) Flight	Speed:	Never	exceed	10m/s

2) Altitude

The	sUASs	are	never	exceeding	350ft

3) Emergency

If	 it	 appears	that	the	 sUASs,	 any	 property	 or	 humans	 are	 at	 risk,	the	

sUASs	will	be	grounded	immediately	to	a	safe	location.	

4) Sight

The	operator	must	keep	the	sUASs	within	eyesight	at	all	times

f) Participation	by	non-pilot	staff

All	staff	involved	in	the	production or	filming	using	the	sUASs	will	consent	to	

maintain	a	safe	distance	of	at	least	30ft	during	the	filming.	

g) Pilot/	Observer	Training

Before	 flight,	 both	 the	 operator	 and	 observer	 will	 receive	 updated	

information	on	the	sUASs and	its	firmware.		

1) The	controller	allows	for	a	simulation	of	flight,	both	the	operator	and	

observer are allowed	to	run	through	the	simulator	training.
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Appendix	C:	Make	and	Model	of	sUASs

sUAS	#1:	DJI																																Model:	Phantom	III	Professional

																																			See	Appendix	D	for	User	Manual

sUAS	#2:	DJI																																Model:	Inspire	1

																																		See	Appendix	D	for	User	Manual

																						
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Appendix	D:	Flight	Log/	10	Hour	Maintenance	and	Repair	log

Applicant	 submits	 the	 Appendix	 marked	 “CONFIDENTIAL,”	 as	 they	 contain	

proprietary	confidential	business	information	that	is	not	released	to	the	public	and	

is	protected	under	the	Freedom	of	Information	Act	5	USC	§552	et.	seq.	5	Reform	Act	

Section	333	(b).	

Summited	Copy	of	Log	Separately