URBAN RHINO

77 COLLEGE ST

BURLINGTON, VT 05401

802.238.8594

NATHAN BEAMAN

CEO

nathan.beaman@urbanrhino.com

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave S.E. 

Washington, D.C. 20590 

January 25th, 2016

Re: Request of Urban Rhino for Exemption under Section 333 of the FAA Modernization 

and Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.P.R. 61.23(a) 

and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)

(1); 91.405(a); 91.407(a)(l); 91.409(a)(1) and (2); 91.417(a) & (b). 

Dear Madam or Sir: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act) and 14 C.P.R. Part 11, Urban Rhino files this petition for exemption on 

behalf of Urban Rhino, a Vermont S-Corporation (“Urban Rhino”), an operator of Small 

Unmanned Aircraft (“sUAS”) used for closed-set filming for the motion picture and television industries. Specifically, applicant seeks an exemption from the Federal Aviation 

Regulations (“FARs”) listed in Appendices A 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 in a grant of this petition. 

Approval of the exemption for petitioner will allow commercial operation of the 

Freefly ALTA for scripted closed- set filming for the motion picture and television indus77 COLLEGE ST

FLOOR 1

BURLINGTON, VT 05401

t. 802.238.8594
tries in Class G airspace nationwide, or as otherwise prescribed in an Air Traffic Organization (“ATO”) issued COA. The sUAS operations contemplated by this petition are in the 

public interest because they clearly satisfy the “Four D’s” of exemplary uses of sUAS: to 

replace work that is dangerous, difficult, and at the same time provide an equivalent or 

greater level of safety than alternative manned aircraft operations. The sUAS covered by 

this petition are small battery-powered craft, weighing up to approximately 30 lbs. (13.6 

kg.), inclusive of battery and maximum payload. Operation of the sUAS under the strict 

conditions proposed below will provide an equivalent level of safety, as Congress intended, while still allowing commercial operations. Operations using this sUAS are far safer 

than conventional operations conducted with helicopters and fixed-wing aircraft that 

weigh thousands of pounds, carry highly flammable fuel, and operate in close proximity 

to the ground, trees, infrastructure, and people. 

Congress directed the FAA to consider seven factors in deciding whether to approve Section 333 exemption petitions - size, weight, speed, operational capability, 

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

sight. In this case, each factor supports the exemption request. In particular, the sUAS 

is small, and will operate at slow speeds and close to the ground. It will be able to more 

safely and efficiently film over closed sets. The substantial increase of safety and decrease of risk to human life and to property weighs heavily in favor of granting the exemption. 

Pursuant to 14 C.F .R. §11.3 5, petitioner requests confidential treatment for 

certain information provided with this request for exemption. Specifically, petitioner is 

submitting its proprietary sUAS Motion Picture and Television Operations Manual; Pilot 

Qualifications Manual; Freefly ALTA Specifications, Flight Operations and Procedures 

Manual; under separate cover as Exhibits 1 and 2. It requests that the information contained in those exhibit 1 not be made public because they are trade secrets whose disclosure would harm petitioner. They contain valuable commercial data that is not publically available and are protected from release under the Freedom of Information Act, 5 

U.S.C. §552(b)(4). 

Urban Rhino requests that the publication and comment procedures be waived 

in accordance with 14 C.P.R. § 11.87, as the FAA has issued grants of exemption in 

circumstances similar in all material respects to those presented in this petition, and 

delaying the granting of this petition would adversely affect the public, the FAA, and 

Urban Rhino. The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA 

inspectors to dedicate their time and attention to other priorities. Moreover, Urban Rhino 

is eagerly seeking to start commercial operations and is adversely affected by the above 

listed regulations. 

For your ease in reviewing this petition, please refer to the table of contents, 
which begins on page 4. If we can provide any additional information to assist your 

understanding or review of this document, please do not hesitate to contact us at 

802.238.8594 or via email at nathan.beaman@urbanrhino.com 

Yours sincerely, 

Nathan Beaman

Owner

Urban Rhino

77 College St,

Burlington, VT 05401

802.238.8594
25 JANUARY 2016

PETITION FOR EXEMPTION UNDER SECTION 333
TABLE OF CONTENTS

1. Publishable Summary

2. Petitioner’s Contact Information

3. Regulations from which the exemption is requested

4. Proposed Operations

a. The sUAS

b. The Crew

c. Flight Conditions

d. Flight Operations

5. Aircraft and Equivalent Level of Safety

6. Proposed Conditions of the Exemption

7. Privacy

8. Public Interest and Safety

Exhibit List

Exhibit 1: Urban Rhino, sUAS Motion Picture and Television Operations Manual

Exhibit 2: Freefly ALTA Specifications, Flight Operations and Procedures Manual

Exhibit 1 has been submitted confidentially, under separate cover, and are not available 

to the public.
1. PUBLISHABLE SUMMARY

Pursuant to 14 C.F.R. § 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 CPR§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a)

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)

(1) and (2), and 91.417(a) and (b) to operate commercially small unmanned aeri

al systems (55lbs or less) in motion picture and television operations. 

Approval of the exemption for petitioner will allow commercial operation of the 

Freefly ALTA sUAS, all propriety in design, for scripted closed-set filming for the 

motion picture and television industries, or as otherwise prescribed in an ATO 

issued COA. The requested exemption should be granted because operation of 

small sUAS, weighing approximately 30 lbs. (13.6 kg.), inclusive of battery and 

maximum payload, conducted in the strict conditions outlined below, will provide 

an equivalent level of safety, while still allowing commercial operations. The light

weight aircraft covered by the exemption are far safer than conventional opera

tions conducted with helicopters and fixed-wing aircraft weighing thousands 

of pounds and carrying highly flammable fuel, and operating in close proximity to 

the ground, power lines, transmission towers, pipelines, and people. The seven 

factors Congress directed the FAA to consider when approving Section 333 ex

emption petitions - size, weight, speed, operational capability, proximity to air

ports, proximity to populated areas, and operation within visual line of sight - each 

support the request. In particular, the aircraft are small, and will operate at slow 

speeds, and close to the ground in order to more safely and efficiently conduct 

inspections that would otherwise involve a risk of death to the inspectors. The 

substantial increase of safety and decrease of risk to human life, coupled with the 

low risk use of sUAS to conduct these operations, weigh heavily in favor of grant

ing the exemption. 

1

2. PETITIONER’S CONTACT INFORMATION

Nathan Beaman 

Urban Rhino

77 College St

Burlington, VT 05401 

802.238.8594 

nathan.beaman@urbanrhino.com
2

3. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED 

4. PROPOSED OPERATIONS

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 

A. The sUAS 

The requested exemption will permit petitioner to operate the Freefly ALTA sUAS, 

all propriety in design and purpose-built for safe, reliable operation with a maximum 

weight of under approximately 30 lbs. (13.6 kg.), inclusive of batteries and maximum 

payload. The rotorcraft has the capability to hover and move in the vertical and horizontal 

planes simultaneously. 

Please refer to Exhibit 3 for further technical information regarding the sUAS. Details regarding the design and assembly of the sUAS are being submitted confidentially, 

due to the proprietary nature of the sUAS. The petition and the supporting documentation in the Exhibits may hereinafter be referred to as the “operating documents.” 

The specific conditions of the proposed exemption that relate to the characteristics of 

the sUAS are numbers 1, 5, and 16-20 in Section 6 below. Each has been adopted or 

imposed by the FAA in numerous previous grants of Section 333 exemption petitions. 

B. The Crew 

The crew will consist of, at a minimum, a pilot in command (PIC), a visual observer (VO). 

Specific PIC and VO qualifications and training are outlined in Exhibits 1 and 2, 

Urban Rhino sUAS Motion Picture and Television Operations Manual and Urban Rhino 

Pilot Qualifications Manual, provided confidentially under separate cover. 

The specific conditions of the proposed exemption that relate to the training and characteristics of the crew are numbers 3 and 6-9 in Section 6 below. Each has been adopted 

or imposed by the FAA in numerous previous grants of Section 333 exemption petitions. 

C. Flight Conditions 

The sUAS will be used for scripted closed-set filming for the motion picture and 

television industries. It will be flown in Class G airspace nationwide under 400 feet 

above ground level (“AGL”) and under controlled conditions over property that is restricted as stated below under D. Flight Operations. Petitioner will work with the local FSDO 

when planning operations. Petitioner will only operate its sUAS in visual meteorological 

conditions (VMC). The sUAS will at all times be no less than 500 feet below and no less 

than 2,000 feet horizontally from a cloud, and petitioner will not conduct operations 

unless visibility is at least 3 statute miles from the PIC. 
4. PROPOSED OPERATIONS (CONT.)

3

The flight crew will always make a safety assessment of the risk of every operation, 

and will only operate when it is determined that no hazards are present. 

The specific conditions of the proposed exemption that relate to the flight conditions in 

which the sUAS will be operated are numbers 2, 4, 16, and 28-29 in Section VI below. 

Each has been adopted or imposed by the FAA in numerous previous grants of Section 

333 exemption petitions. 

D. Flight Operations 

The purpose of every sUAS flight will be to conduct safe, accurate, and efficient 

closed- set filming for the motion picture and television industries. 

Exhibits 1-3, Urban Rhino sUAS Motion Picture and Television Operations Manual; 

Urban Rhino Pilot Qualifications Manual; Freefly ALTA Specifications, Flight Operations 

and Procedures Manual; provided confidentially under separate cover, include detailed 

policies and procedures for the safe operation and maintenance of sUAS included in this 

petition. 

The specific conditions of the proposed exemption that relate to flight operations 

are numbers 11-12, 17-25, and 32-35 in Section 6 below. Each has been accepted or 

imposed by the FAA in numerous previous grants o f Section 333 exemption petitions. 

5. AIRCRAFT AND EQUIVALENT LEVEL SAFETY

Petitioner proposes that the exemption apply to sUAS that have the characteristics and that operate with the limitations proposed herein. These limitations provide for a 

level of safety at least equivalent to or higher than manned aircraft operations under the 

current regulatory structure. Section 6 below, together with operating documents, identifies the limitations and conditions to which petitioner agrees to be bound when conducting commercial operations under a grant of this petition. 

Approval of the commercial operations outlined in this petition presents no national security issue. The PIC is willing to undergo a background check, including the 

proposed Transportation Security Administration Vetting process, to ensure that no national security threat is present. Operation and Certification of Small Unmanned Aircraft, 

80 Fed. Reg. 9543 at 9572 (proposed Feb. 23, 2015 (to be codified at 14 C.F.R. Parts 

21, 43, 45, et al.)). 
4

6. PROPOSED CONDITIONS OF THE EXEMPTION

1. The sUAS will weigh less than 55 pounds, inclusive of battery and technical payload.

2. sUAS operations under this exemption will be limited to conducting operations for the 

purpose of closed-set filming for the motion picture and television in Class G airspace 

nationwide. 

3. Flights will be operated within line o f sight o f pilot in command (PIC), and a visual 

observer (VO). 

4. Flights will be operated at an altitude of no more than 400 feet AGL, as indicated by 

the procedures specified in the operating documents. All altitudes reported to ATC must 

be in feet AGL. 

5. The sUAS will not be flown at an indicated airspeed exceeding 87 knots (100 mph), 

and in no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 

6. Minimum flight crew for each operation will consist of the sUAS pilot in command 

(PIC), a visual observer (VO). 

7. PIC must hold either an airline transport, commercial, private, recreational, or sport 

pilot certificate. The PIC must also hold a current FAA airman medical certificate or a 

valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC must also meet the flight review 

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his 

or her pilot certificate. 

8. The petitioner will not permit any PIC to operate unless the PIC meets its qualification 

criteria as outlined in its Pilot Qualification Manual and demonstrates the ability to safely 

operate the sUAS in a manner consistent with how the sUAS will be operated under this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vessels, vehicles and structures. PIC qualification flight hours 

and currency will be logged in a manner consistent with 14 CFR § 61.51(b). A record of 

the PIC training will be documented and made available upon request by the Administrator. Training operations will only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for flight 

operations will be considered nonparticipants, and the PIC will operate the sUAS with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

9. The VO will not perform any other duties beyond assisting the PIC with seeing and 
5

avoiding other air traffic and other ground based obstacles/obstructions, and will not be 

permitted to operate the camera or other instruments. 

10. The PIC will be designated before the flight and will not be allowed to transfer his or 

her designation for the duration of the flight. The PIC will ensure that the VO can perform 

the functions prescribed in these conditions and the operating documents. 

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

day’s activities. It will be mandatory that all personnel who will be performing duties in 

connection with the operations be present for this briefing. 

12. Prior to each flight, the PIC will inspect the sUAS, including the Ground Control 

Station, 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 PIC will not operate the sUAS until the 

necessary maintenance has been performed and the sUAS is found to be in a condition 

for safe flight. All maintenance and alterations will be properly documented in the aircraft records. 

13. Petitioner will conduct a functional flight test on any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component. The PIC who conducts the functional test flight 

will make an entry in the aircraft records. 

14. The petitioner will carry out its maintenance, inspections, and record keeping requirements, at the direction and under the supervision of the sUAS manufacturer. Maintenance, inspection, alterations, and status of replacement/overhaul component parts 

will be noted in the aircraft records, including total time in service, description of work 

accomplished, and the signature of the manufacturer, authorizing the return of the sUAS 

to service. The manufacturer will make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

15. When conducting operations for the motion picture and television industry, petitioner 

will submit a written Plan of Activities, and any additional necessary paperwork, to the 

FSDO at least one day before the proposed operations begin. 

16. The sUAS will be operated within visual line of sight (VLOS) of the PIC and VO at all 

times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses. PIC and VO will at all times be able to communicate verbally. 

They will not be permitted to use electronic messaging or texting to communicate during 

flight operations. 

6. PROPOSED CONDITIONS OF THE EXEMPTION (CONT.)
6

17. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the sUAS with 20% battery power remaining. 

18. Actual total flight time for each operational flight will result in no less than a 20% 

battery reserve. 

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

emergencies. 

20. The sUAS will be programmed so that if it loses communication with the ground station or loses its GPS signal, it will return to a pre-determined location within the planned 

operating area and land or be recovered in accordance with the operating documents.

21. If the sUAS and its radio control link disconnect during flight, the system’s failsafe 

protection will be triggered and the multi-rotor will return to home and land automatically, rather than flying off uncontrollably or landing at an unknown location. 

22. The operating documents required under 14 CFR §§ 91.9 and 91.203 will be maintained and available to the PIC at the Ground Control Station of the sUAS any time the 

sUAS is operating. These documents will be made available to the Administrator or any 

law enforcement official upon request. If a discrepancy exists between the conditions 

and limitations in the exemption grant and the procedures outlined in the operating documents, the grant conditions and limitations will take precedence and will be followed. 

Otherwise, the petitioner will follow the procedures outlined in its operating documents. 

If it updates or revises its operating documents, it will present updated and revised documents to the Administrator upon request. If the petitioner determines that any update 

or revision would affect the basis upon which the FAA granted the exemption, then the 

Petitioner will petition for an amendment to the grant of exemption. 

23. Petitioner will obtain written and/or oral permission from the landowners/authorized 

agents of the landowners over which flights will be conducted. 

24. Petitioner will obtain all required permissions and permits from territorial, state, 

county or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 

25. sUAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). Flights will 

not be conducted under special visual flight rules (SVFR). 

6. PROPOSED CONDITIONS OF THE EXEMPTION (CONT.)
7

26. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. Petitioner will request a Notice to Airman (NOTAM) not more than 72 hours in 

advance, but not less than 48 hours prior to the operation. All operations will be conducted in accordance with airspace requirements in the ATO issued COA, including class 

of airspace, altitude level and potential transponder requirements. 

27. The sUAS will not be operated 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’s management has been obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. Any letter of agreement with 

the airport management will be made available to the Administrator upon request. 

28. The sUAS will not be operated less than 500 feet below, or less than 2,000 feet horizontally from, a cloud or when visibility is less than 3 statute miles from the PIC. 

29. All operations shall be conducted in Class G airspace or as otherwise prescribed in 

an ATO issued COA. 

30. All aircraft operated in accordance with this exemption will 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 will be as large 

as practicable. 

31. Before conducting operations, petitioner will ensure that the radio frequency spectrum used for operation and control of the sUAS complies with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

32. The sUAS will remain clear and yield the right of way to all manned aviation operations and activities at all times.

33. The sUAS will not be operated by the PIC from any moving device or vehicle.

34. The sUAS will not be operated over congested or densely populated areas.

35. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating persons, vessels vehicles, and structures unless one of the following three conditions 

is met:

A. Barriers or structures are present that sufficiently protect nonparticipating persons 

6. PROPOSED CONDITIONS OF THE EXEMPTION (CONT.)
8

from the sUAS and/or debris in the event of an accident. The petitioner will ensure that 

nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the sUAS, the PIC 

will ensure that flight operations cease immediately. 

B. The aircraft is operated near vessels, vehicles or structures where the owner/controller 

of such vessels, vehicles or structures has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and determined that it 

does not present an undue hazard. 

C. Operations nearer to the PIC, VO, operator trainees or essential persons do not present 

an undue hazard to those persons per § 91.119(a). 

36. Petitioner will report any incident, accident, or flight operation that transgresses the 

lateral or vertical boundaries of the operational area as defined by the applicable COA to 

the FAA’s UAS Integration Office (AFS-80) within 24 hours. Petitioner will report accidents to the National Transportation Safety Board (NTSB) per instructions contained on 

the NTSB Web site: www.ntsb.gov. 

6. PROPOSED CONDITIONS OF THE EXEMPTION (CONT.)

7. PRIVACY

8. PUBLIC INTEREST AND SAFETY

There is little concern that the proposed flights will cause invasions of privacy 

because all flights will occur (i) over public spaces, where there is no expectation of 

privacy, and around participating individuals or (ii) over private, restricted property where 

applicant has permission from the landowner/authorized agent to film. When the sUAS is 

being flown, the onboard cameras will be focused on the film or inspection area, not on 

nonparticipating individuals who may be present during filming. 

The planned sUAS use will increase ground safety in both the television and 

movie industry. The enhanced safety and reduced environmental impact achieved using 

a sUAS with the specifications described by the petitioner and carrying no passengers 

or crew, rather than a manned aircraft of significantly greater proportions, carrying crew 

in addition to flammable fuel, gives the FAA good cause to find that the sUAS operation 

enabled by this exemption is in the public interest. 

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 exemption allowing commercial operation of appli-
9

8. PUBLIC INTEREST AND SAFETY (CONT.)

cant’s sUAS for filming the television and movie industry and the construction industry, 

pursuant to petitioner’s rules of operation. 

The planned sUAS use will increase ground safety in both the television and 

movie industry. The enhanced safety and reduced environmental impact achieved using 

a sUAS with the specifications described by the petitioner and carrying no passengers 

or crew, rather than a manned aircraft of significantly greater proportions, carrying crew 

in addition to flammable fuel, gives the FAA good cause to find that the sUAS operation 

enabled by this exemption is in the public interest. 

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 exemption allowing commercial operation of applicant’s sUAS for filming the television and movie industry and the construction industry, 

pursuant to petitioner’s rules of operation. 

A. Motion Picture and Television Industry Filming 

As the FAA has repeatedly recognized in granting other exemptions under Section 333, 

the use of a sUAS to take videos and photography over closed, scripted, motion picture 

and television sets significantly increases the level of safety for both the actors and crew. 

Currently, filmmakers use manned aircraft, which can weigh 6,000 lbs. or more. Manned 

aircraft also, by definition, carry a pilot and other crew. They carry flammable fluids, and 

require large areas to take off, operate over, and land. 

By using the sUAS described in this petition, many of these dangerous conditions will 

be alleviated. The included sUAS weigh less than approximately 30 lbs, including maximum payload. The pilot and flight crew will be safely on the ground rather than several 

hundred feet in the air. The sUAS is powered by a battery, and requires a small area to 

operate in. The FAA has previously determined that using a sUAS such as these will provide a greater level of safety when filming for the motion picture and television industry. 

Exemption No. 11062