FAA sUAS Exemption Request

November 5, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

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, Chroma Productions LLC, operator of Small Unmanned Aircraft Systems 

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

from the listed Federal Aviation Regulations {"FARs") to allow commercial operation of its 

sUAS, 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 333.1.

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

unmanned and relatively inexpensive sUAS under controlled condition 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 television 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 

safety operation of such aircraft systems in the national airspace system" Section 333 (c) of the 

Reform Act."

The name and address of the applicant is: 

Chroma Productions LLC

Vincent Manganello, Owner

5420 Carrollton Ave

Indianapolis, IN 46220

(317) 730-2881

vinnie@chromapros.com 

The conditions proposed by the applicant are drawn from order 8900.1CHG 0, Volume 3, 

Chapter 8 -Issue a Certification of Waiver for Motion Picture and Television Filming.
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: 

 The UAS's size, weight, speed and operational capability:

 Operation of the UAS in close proximity to Airport, Power Plants, Fuel Depots 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 safety in 

the national airspace system, the Secretary shall establish requirements for the safe operation of 

such aircraft in the national airspace system." I d.* 333 (c) 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 

*401 01 of the Act, which includes sUAS, from the requirement that all civil aircraft must have a 

current airworthiness certificate.

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

applications for exemptions under section 333, but for the Administrator to craft conditions for 

the safe operation of the UAS, if it should be determined that the conditions set forth herein do 

not fulfill the statutory requirements for approval.

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

subsection (a) or (b) of this section or any sections 44702-4471 6 of this title if the Administrator 

finds the exemption in the public interest. 49 U.S.C. * 44701(f) See also 49 USC *44704; 14CFR 

*91.203{a) (1).

Chroma Productions LLC's sUAS are multi rotor craft, weighing 10 or fewer lbs. including 

payload. They operate, under normal conditions, at a speed of no more than 50 mph 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 Chroma 

Productions LLC General Operation Manual (hereinafter "GOM"). Such operations will insure 

that the sUAS will "not create a hazard to users of the national airspace system or the public." 

Given the small size of the sUAS involved and the restricted sterile environment within which 

they will operate, the applicant falls squarely within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UASs to commence immediately. Also due to the size of the UASs and the 

restricted areas in which the relevant sUAS 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 for movie and television 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.

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 

movie and television filming operations conducted with conventional aircraft. 

These limitations and conditions to which Videolndiana, Inc. agrees to be bound when 

conducting commercial operations under an FAA issued exemption include: 

The Chroma Productions LLC, GOM is a comprehensive outline of all flight operations and 

procedures. A reference copy will be kept with the sUAS operator at all times the sUAS is in 

operation. An Aircraft Operating Manual covering the DJI Phantom 3 Professional or any other 

aircraft which will be operated by Chroma Productions LLC will also be kept with the sUAS 

operator at all times the sUAS is in operation. 

Reform Act Section 333(b)

1. The sUAS will weigh less than 551bs.

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

3. Maximum total flight time for each operational flight will be 30 minutes.

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 video recording is planned.

5. Minimum crew for each operation will consist of the sUAS pilot with a visual observer.

6. sUAS pilot will operate under the guidance and oversight of an FAA licensed airman 

with at least a private pilot certificate and a third class medical (if deemed necessary).

7. sUAS pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the 

sUAS pilot who possess the necessary PIC qualifications is also present on set (i.e. the 

Aerial Coordinator) that person can also be designated as PIC.

8. The UAS will only operate within a confined "Area of Operation" as defined in the 

GOM.
9. A briefing will be conducted in regards to planed sUAS operations prior to each day's 

production activities. It will be mandatory that all personnel that will be performing 

duties within the boundaries of the area of operations be present for this briefing.

10. 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 (FSDO).

11. The operator will obtain the consent of all persons involved in the video recording and 

ensure that only consenting persons will be allowed within 100 feet of the flight operation 

and this radius may be reduced to 30 feet based upon an equivalent level of safety as 

described in the GOM. With the advance permission of the relevant FSDO operations at 

closer range can be approved.

12. The operator will submit a written Plan of Activities to the FSDO three days before the 

proposed shoot as required in the GOM.

13. All Chroma Production LLC crews will be trained in operations of UAS generally and 

will receive up-to-date information on the particular UAS to be operated as required in 

the GOM.

14. Observer 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 predetermined location within the security perimeter and land.

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

emergencies. 

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 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, power plants, fuel depots and populated areas of the particular UAS. In 

the restricted environment and under the conditions proposed will be at least as safe as 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 551bs. 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 General Operating Manual. Unlike other civil aircraft 

operations under this exemption will be tightly controlled and monitored by both the operator 

pursuant to the manual's requirements as well as under the requirements and in compliance with 

bcal public safety requirements, to provide security for the area of operation as is now done with 

conventional video recording. The FAA will have advance notice of all operations. These safety 

enhancements, which already applies 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 UAS, due to its size, speed and 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 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 sUAS, 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 sUAS marked on its fuselage as 

required by *45.29 (f) where the pilot, observer and others working with the sUAS will see the 

identification of the UAS as "Experimental". The FAA has issued the following exemptions to 

this Exemptions Nos.10700,8738, 10167and 10167A. 

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 

does 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 operate under the 

supervision of a private pilot's license holder rather than a commercial pilot's license holder. 

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely

controlled with no living thing on board. Thearea of operation is controlled and restricted, the 
flights are planned and coordinated in advance as set forth in the GOM. The level of safety 

provided by the requirements included in the GOM exceeds thatprovided 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 

sUASas requested with a private pilot in a supervisory role aiding 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 General Operating Manual 

for maintenance as well as use of safety check lists prior to each flight, an equivalent level of 

safety will be provided.

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, marking and placard 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 pilot flying the sUAS will 

have immediate access to it. The FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8738, 9299, 9299A, 9565, 95658 , 10167, 101 67A, 10602, 32827 and 

10700.

14 C.F.R. *91.103: Prefight action.

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

safety of the 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 Aircraft Operation Manual (AOM) for each UAS. The PIC will take all actions as 

described in the GOM and AOM. 

14 C.F.R. *91.109: Flight instructions:
Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is been used for flight instruction unless that aircraft has fully functioning dual 

controls. sUAS and remotely piloted aircraft, by their design do not have fully functional 

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 is 

provided by the fact that neither a pilot nor passenger 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 for 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 sUAS that is a helicopter and the exemption requests authority to 

operate at altitudes up to 400 feet Above Ground Level (AGL) or not more than 200 feet above 

an elevated platform from which video recording is planned, an exemption may be needed to 

allow such operations. As set forth herein, except for the limited conditions stated in the General 

Operating Manual, the UAS will never operate at higher than 400 feet AGL. It will, however, be 

operated in a restricted area with security perimeter, where buildings and people will not be 

exposed to operations without their pre-obtained notification and consent when required.

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 video recording activity, all affected individuals will be aware of the planned 

fight operation as set forth in the GOM. Compared to fight operations with aircraft or rotorcraft 

weighting far more than the maximum 55 lbs. 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 lowaltitude 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. *91.121Aitimeter 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 the operator, pursuant to the General Operating Manual and Safety check list, confirming 

the altitude of the launch site shown on the GPS altitude indicator before fight. 

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.

Chroma Productions LLC requests relief from Section 91.151 due to the battery life that powers 

the sUAS. Typical aerial batteries provide approximately 40 minutes of powered flight. To meet 

the 30-minute reserve requirement in 14 CFR *91.151, sUAS flights would be limited to 

approximately 10 minutes in length. In relief of the 30-minute reserve, given the limitations on 

the UAS's proposed area of predetermined operation, a longer time frame for flight might be 

reasonable. As per Chroma Production LLC’s GOM, flight times will never exceed 75% of the 

battery(s) consumption or 25% reserve; whichever happens first.

Applicants believes that an exemption from 14 CFR *91.1519(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 sUAS in 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 risk that Section 91.151 

(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting 

sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be 

granted.

Applicant believe that an equivalent level of safety can be achieved by limiting flights to 30 

minutes or 25% 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.

Similar exemptions have been granted to other operations, including Exemption 2689F, 5745, 

10673 and 10808.

14 C.F.R. *91.203 (a) & (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 ...

(a) 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 55 lbs. and is operated without an on board pilot. As 

such, there is no ability or place to carry certification and registration documents or to display

them on the sUAS. Each sUAS operated by Chroma Productions LLC will be registered with the 

FAA and all documentation carried by the PIC.
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, 

9816A and 10700.

14 C.F.R. *91.405(a); 404(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 sections and Part 43 apply only to aircraft with airworthiness certificate, these 

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

pursuant to the guidelines set forth in the maintenance manuals designed for each UAS. An 

equivalent level of safety wi ll be achieved because these small UASs are very limited in size 

and will carry a small payload as well as 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 GOM, 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.

Pursuant to 14C.F.R Part 11 , the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

Chroma Productions LLC seeks an exemption from the following rules: 14 C.F.R. *21 subpart 

H; 14 C.F.R. 45.23(b); 14 C.F.R. *61.113(a) & (b); 91 .7(a); 91.9(b) (2); 91.103(b); 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 vehicle (55 lbs. or less) in video 

recording and television operations.

Approval of exemptions allowing commercial operations of sUAS in the video recording and 

creation industry will enhance safety by reducing risk. Conventional video recording operations 

using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject 

being recorded and in extreme proximity to people and structures and present the risks associated 

with vehicles that weigh approximately 4000 lbs. and carry large amounts of jet A or other fuel 

(1 40 gallons for jet helicopters, e.g.). Such aircraft must fly to and from the record location. In 

contrast, a sUAS weighing fewer than 551bs 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 record location 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 weighing less than 55 lbs., conducted in the stri ct conditions 

outlined above w ill provide an equivalent level of safety supporting the grant of the exemption 

request herein, including exempting the applicant from the requirements of Part 2 1 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.

Privacy

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

consent and knowledge. Video recording will be of people who have also consented to being 

video recorded or otherwise have agreed to be in the area where the video recording 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, as well as 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 picture and television industry pursuant to the Manual appended hereto.

Accordingly, Chroma Productions LLC respectfully requests that the FAA grant its exemption 

request set forth herein. 

Respectfully,

Vincent Manganello

Owner

Chroma Productions LLC

Indianapolis, IN 46220

(317) 730-2881