Kevin A. Culbertson

Swordfish Productions, LLC

1691 East Jefferson Way, 312

Simi Valley, California 93065

(818) 244-4722 

October 22, 2015 

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE

Washington, DC 20590 

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

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, Swordfish Productions, LLC is petitioning for an exemption from the Federal Aviation 

Regulations (“FARs”) described below to enable Swordfish Productions, LLC to commercially operate 

the following Unmanned Aircraft System (UAS): ALTA Freefly. 

This exemption request will permit Swordfish Productions, LLC to operate this UAS commercially for 

the purpose of capturing still and motion digital images of property, people, and events, i.e. photography 

and cinematography, for use in publications, broadcast, film, and other digital media distribution. 

Swordfish Productions, LLC will provide a service that is beneficial to an industry that is already using - 

and apparently seeks to continue to use - UAS for these purposes. Through the grant of this exemption we 

will provide a legal option to users of these services while providing relevant operational experience and 

information to the FAA as well as the current and future community of UAS operators and end product 

users.

Swordfish Productions, LLC believes this will benefit the public by demonstrating that an image capture 

service is viable to be operated lawfully. This includes the operation of UAS by certificated pilots trained 

in the National Airspace System and though a demonstration of the ability for increased integration of 

UAS in the NAS. 

All operations by Swordfish Productions. LLC will strictly adhere to safety, applicable FARs, Operators 

Handbook, Airworthiness Directives, and all other guidelines from the FAA as applicable. Swordfish 

Productions, LLC will conduct its operations in a manner as to maintain the level of safety expected of 

current manned aircraft operations. 

Swordfish Productions. LLC will operate exclusively in controlled conditions, within visual line of sight, 

at low altitudes not to exceed 400 feet above ground level, or no higher than 200 feet above the highest 

obstacle with prior Flight Safety District Office approval. Any UAS in operation by Swordfish 

Productions. LLC will not exceed 55 pounds total weight. 

At all times Swordfish Productions. LLC will have a Chief Pilot responsible to properly train, maintain 

safe operations, ensure currency requirements are met, and consistently assure an open line of 
communication with the FAA. The Chief Pilot will, at a minimum, be a certificated commercial pilot and 

maintain a medical certificate appropriate for UAS operation as defined by the FAA.

As a business operated by a co-founder with the unique combination of professional experience as a pilot 

instructor at a major airline; a camera operator and director with major television networks; and founder 

of several successful start-up business, Swordfish Productions. LLC will demonstrate and maintain a high 

standard of UAS operations with a thorough understanding of the importance of safety guidelines in the 

NAS, the desire to promote these standards in the user community, and the ability to demonstrate a 

commercially viable legal operation in the use and integration of UAS in the NAS. 

The name and address of the applicant is: 

Kevin A. Culbertson

Swordfish Productions, LLC 

1691 East Jefferson Way, 312

Simi Valley, California 93065

kculbertson@mac.com

(818) 244-4722 

The regulations from which the exemption is requested are as follows: 

14 C.F.R. Part 21; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 

C.F.R. 91.105; 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. 

91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a). 

The Applicable Legal Standard Under Section 333 

Swordfish Productions. LLC submits that grant of this exemption application advances the Congressional 

mandate in Section 333 of the Reform Act to accelerate the introduction of UAS into the NAS if it can be 

accomplished safely. This law directs the Secretary of Transportation to consider whether certain UAS 

may operate safely in the NAS before completion of the rule making required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine which types of UAS do 

not create a hazard to users of the NAS, the public, or pose a threat to national security in light of the 

following: the UAS’s size, weight, speed, and operational capability; operation of the UAS in close 

proximity to airports and populated areas; and operation of the UAS within visual line of sight of the 

operator. 

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 in the act, from the 

requirement that all civil aircraft must have current airworthiness certificate and those regulations 

requiring commercial pilots to operate aircraft in commercial service. The Administrator may grant an 

exemption from a requirement of a regulation prescribed if the Administrator finds the exemption is in the 

public interest.

The grant of the requested exemption is in the public interest based on Section 333 of the Reform Act; the 

additional authority in the Federal Aviation Act; the strong equivalent level of safety surrounding the 

proposed operations; and the significant public benefit, including enhanced safety and cost savings 

associated with use of UAS for capturing sill and motion digital images, the reduction or elimination of 

unregulated operators, and the safe integration of UAS. Accordingly, the applicant respectfully requests 

that the FAA grant the requested exemption without delay.
Airworthiness 

Grant of the exemption to Swordfish Productions. LLC will be subject to the following mandatory 

airworthiness conditions: the UAS will never exceed a gross takeoff weight of 55 pounds, or in excess of 

the manufacturer recommendations; a preflight checklist which will incorporate the manufacturer 

preflight checklist will be followed prior to each flight; aircraft registration number will be displayed on 

the aircraft in accordance with current regulations; Pilot Operating Handbook, registration, copy of 

exemption, checklist, and copy of maintenance records will be mandatory documents for operation and 

will be accessible to the PIC at all times; any FAA or manufacturer required placards are placed and 

clearly visible on the base station or controlling device; all equipment installed on the UAS will be 

operational for flight; the PIC will be the determining authority on the airworthiness of the UAS prior, 

during, and after each flight, and will cease operations upon deeming the UAS not airworthy until proper 

maintenance or action has been taken. 

Additionally, each person who maintains, performs preventative maintenance, rebuilds, or alters the UAS, 

airframe, motor, propeller, appliance, or component part will make an entry in the maintenance record of 

that equipment containing a description of the work, date performed, and name of person performing 

work. Any maintenance action that may affect flight characteristics or airworthiness will have a 

maintenance operational check and test flight performed by a pilot holding at minimum a pilot certificate 

as determined at the time by the FAA for operation of a UAS and an appropriate entry made in the UAS 

records.

Operating Conditions 

Grant of the exemption to Swordfish Productions. LLC will be subject to the following mandatory 

operating conditions: operations occurring within Class B airspace require coordination and approval 

from the FAA Flight Standards District Office having jurisdiction, and upon request with Air Traffic 

Control one hour prior to operations commencing. Communication commencing operations, during 

operations, and termination of operations by use and constant monitoring of appropriate tower frequency 

by ground radio; operations within Class B 30NM Mode C Veil require at minimum 48 hour prior 

notification of the FAA Flight Standards District Office having jurisdiction. Notification and 

communication with Air Traffic Control upon commencing operations, during operations, and termination 

of operations by use and constant monitoring of appropriate tower frequency by ground radio; operations 

within Class C, or D airspace require notification at minimum 24 hour prior notification of the FAA Flight 

Standards District Office having jurisdiction, and upon request with Air Traffic Control one hour prior to 

operations commencing. Communication commencing operations, during operations, and termination of 

operations by use and constant monitoring of appropriate tower frequency by ground radio; operations 

within 2.5 NM radius of airport runway centerline within class E, or G airspace require at a minimum 24 

hour prior notification of the FAA Flight Standards District Office having jurisdiction, at a minimum 24 

hour prior notification of the Airport Manager or Controlling Agency, notification and communication 

with any control tower, or on CTAF frequency, upon commencing operations, during operations, and 

termination of operations by use and constant monitoring of appropriate frequency by ground radio; 

operations within class E or G airspace not within 2.5 NM of airport runway centerline requires constant 

monitoring of applicable CTAF or 123.025 (helicopter air to air) and reporting upon commencing 

operations, during operations, and termination of operations by ground radio; no operations are to be 

conducted within 2.5 NM in-line with runway centerline azimuth and on the approach end of a runway 

that is actively in use; all operations are required to remain at, or below, 400 feet AGL unless prior 

approval is received from the FAA Flight Standards District Office having jurisdiction, and no flight 

exceeding 400 feet AGL may go above 200 feet above the highest obstacle, or outside visible range, or 

beyond the capability of the UAS (whichever is lower in altitude); operations are to be conducted over 

private or controlled access property; permission from land owner/controller required before commencing 

any flight; operations to occur under Visual Flight Rules during Visual Meteorological Conditions 

(VMC); aircraft to remain within Visual Line of Sight (VLOS); operations to be conducted in a controlled 
environment with only the necessary persons present, any person present, not employed by Swordfish 

Productions, LLC, will sign a waiver acknowledging UAS operations, proper safety procedures, and a 

statement acknowledging risks; operations will be conducted with a visual observer (VO), in addition to 

the UAS pilot, who will remain in VLOS with the UAS pilot, the UAS, and the area of operations at all 

times. VO will assist in maintaining a controlled environment, spotting hazards to persons or property, 

monitoring and communicating on appropriate ATC, CTAF, or other appropriate radio frequencies; 

operations will cease when battery capacity falls below 25% or a battery power reserve of less than 10% 

flight time is indicated.

Operator Requirements 

Swordfish Productions. LLC understands and upholds the stance that necessary precautions are required 

to protect aircraft already operating in the NAS, and the safety and security of the flight crew members, 

passengers as well as the public and property. For this reason Swordfish Productions. LLC will require all 

pilots of the UAS to minimally be appropriately certificated pilots with appropriate medical certification 

as determined by the FAA for UAS operation. 

Privacy 

All flights will occur over private or controlled access property with the prior consent and knowledge of 

the property owner(s) or duly authorized representative. 

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A to allow 

commercial operations of UAS conducting aerial flights as described above.

Respectfully, 

/s/ Kevin A. Culbertson 

Kevin A. Culbertson

Swordfish Productions, LLC 

APPENDIX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Due to the flight characteristics, such as the ability to hover, vertical takeoff and landing, and the type of 

operations performed by the UAS operated by Swordfish Productions. LLC we respectfully request that 

where a regulation differentiates according to class that it be permitted to operate under those regulations 

pertaining to helicopters. 

Swordfish Productions. LLC requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of its UAS: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 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 of the aircraft and the limited 

operating area associated with its utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 

of the Reform Act. The Federal Aviation Act 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 UAS involved. 

In this case, an analysis of these criteria demonstrates that the Swordfish Productions, LLC UAS operated 

without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The UAS will 

remain less than 55 pounds gross takeoff weight. Will not carry a pilot or passenger, will not carry 

flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with 

conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by 

both the operator, pursuant to the conditions set forth above, and by local public safety requirements. The 

FAA will have advance notice of all operations through the filings with the FSDO. Receipt of the prior 

permission of the land owner, or controlling authority, the size of the aircraft, the lack of flammable fuel, 

and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level 

of safety. The UAS construction with absorbent material provides at least an equivalent level of safety to 

that of such operations being conducted with conventional aircraft that would be orders of magnitude 

larger and would be carrying passengers, cargo, and flammable fuel. 

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. 

Should the exemption be granted allowing commercial operation of the UAS without an airworthiness 

certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft and the 

requirements that have presumably already been met in the approved standard operating procedures (for 

instance, the Maintenance & Inspection Manual and Safety Checklist), an equivalent level of safety will 

be achieved by ensuring compliance with the operating manuals prior to each flight. 

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

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

where the pilot flying the UAS will have immediate access to it. The FAA has issued to others 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. § 91.109(2) 

This regulation provides that flight crew members must keep a safety belt fastened while at a crew 

member station. Swordfish Productions, LLC UAS are by definition not manned and therefore maintain a 

equivalent level of safety without the use of a safety belt since no danger is posed due to no persons being 

aboard the aircraft. 

14 C.F.R. § 91.121(a) 

This regulation requires that aircraft be operated at altitude in reference to an altimeter set to applicable 

barometric pressure. According to the Flight Manuals and information included with this exemption 

request, the UAS operated by Swordfish Productions, LLC uses GPS positioning and uses a specialized 

sensor that notifies the operator if a predetermined altitude is reached as set by the pilot during preflight 
inspections. This, in addition to all flights being conducted by VLOS, assures altitude restrictions will be 

maintained by the pilot. Given the nature of the flight being limited to an upper altitude limit, the limited 

area of operations, the See and Avoid procedures set forth by Swordfish Productions, LLC, and in light of 

the UAS not being operated at VFR or IFR cruising altitudes an equivalent level of safety will be 

achieved. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

These regulations provide 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. UAS are a 

remotely piloted aircraft and by 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. If instruction is accomplished through a training program, as set forth in an equivalent 

level of safety will be assured. 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 will be achieved by Swordfish 

Productions, LLC providing the training as outlined. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Due to the flight characteristics of 

Swordfish Productions, LLC UAS (vertical takeoff and landing, and ability to hover), as well as the 

nature of the type of flights conducted by UAS and the similarity to helicopters, Swordfish Productions, 

LLC requests to operate in accordance with section 91.119(d). The equivalent level of safety will be 

achieved given the size, weight, speed, and material with which the UAS are built. Furthermore; no flight 

will be taken without the permission of the land owner or those who control the land. Because of the 

advance notice to the landowner, all affected individuals will be notified of the flights. Compared to aerial 

photography or videography operations conducted with aircraft or rotorcraft weighing far more than the 

UAS and carrying flammable fuel, any risk associated with these operations will be far less than those 

currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low altitude 

operations of the UAS will maintain separation between these small UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119, give right of way to all manned aircraft, and 

adhere to Swordfish Productions, LLC policy to see and hear the UAS at all times. 

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

This regulation prohibits an individual from beginning “a flight in a rotorcraft 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 20 minutes.” 

Given the limitations on its proposed operations and the location of those proposed operations, a longer 

time frame for flight in daylight VFR conditions is reasonable. Swordfish Productions, LLC believes that 

an exemption from 14 CFR § 91.151(b) is safe and within the scope of a prior exemption. See Exemption 

10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating 

the small UAS, without 20 minutes of reserve fuel does not engender the type of risks that Section 

91.151(b) was meant to prevent given the size and speed at which the UAS operates. The fact that it 

carries no pilot, passenger, or cargo also enhances its safety. Additionally, limiting flights to a 20 minute 

reserve would greatly reduce their utility. In the unlikely event that the UAS should run out of fuel, it 

would simply land. Given its weight and construction material, the risks are less than contemplated by the 

current regulation. 
Swordfish Productions, LLC believes that an equivalent level of safety can be achieved by maintaining 

25% battery power, or 10% of time (whichever is longer) would be more than adequate to return the UAS 

to its planned landing zone from anywhere in its operating area. 

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

This regulation provides as follows: 

(a) . . . no person may operate a civil aircraft unless it has . . . 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. 

Swordfish Productions, LLC UAS have no cockpit or cabin to place or carry certification. As such, the 

exemption and any other certifying document from the FAA will be maintained with the ground station, 

and placed in a manner as to be clearly visible to any government official or person authorized in the 

controlled operations environment. 

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

where the pilot flying the UAS will have immediate access to them. 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): Maintenance Inspections 

Section 91.405(a) requires 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 . . . .” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an 

annual inspection for the issuance of an airworthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that 

has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of 

approval of the aircraft for return to service. 

Maintenance on Swordfish Productions, LLC aircraft will be accomplished by the owner/operator 

pursuant to the manuals, provided by Swordfish Productions, LLC, and the manufacturer. An equivalent 

level of safety will be achieved because the UAS is small in size, will operate only in restricted 

predetermined areas and is not a complex mechanical device. As provided in the attached User Manual, 

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

maintenance, keep a log of any maintenance that is performed, and work with the manufacturer to ensure 

optimal maintenance.

Swordfish Productions, LLC maintenance will provide for a 30 day/100 hour and annual inspection of the 

airframe and components similar in scope to inspections on manned aircraft. This will ensure an 

equivalent level of safety to the maintenance requirements in Part 91. 

In addition, between such inspections, should a mechanical issue arise, the aircraft will either return to its 

launch site or immediately land. 
APPENDIX B 

Operating manual download: http://static.bhphotovideo.com/lit_files/118171.pdf