The Aerial Filming Company f'O Box 1345


### ., The Aerial Summit, NJ 07902


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### _________**9_os_-4_8s_-o_Io_o--'-~**

January 14,2015 U.S. Department ofTransportation Docket Management System 1200 New JerseyAve., SE**'·~-"** f ;,.]

West Building Ground Floor RoomW12-140 Washington,DC 20590 Re: Exemption Request Section 333 ofthe FAA ReformAct and Part 11 ofthe FederalAviation Regulations from 14 C.F.R. 45.23(b);14 CFRPart 21;14 CFR 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);91.417 (a) & (b). Dear Siror Madam: Pursuantto Section 333 ofthe FAA Modernization and ReformActof2012 and 14 C.F.R. Part 11,TheAerial Filming Company, as operator ofSmall UnmannedAircraft Systems ("sUASs") equipped to conduct aerial photography for scripted closed set filming, hereby applies for an exemptionfrom the listed FederalAviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.1 As described more fully below,the requested exemption would permitthe operation of small, unmanned sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access. The name and address ofourfirm is; TheAerial Filming Company Attn: James Colucci Phone:908-488-0100 Email:jamie@theaerialfilmingcompany.com Address: PO Box 1345, Summit,NJ 07902The Aerial Filming Company PO Box 1345


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January 14,2015 Page2 Regulations from which we request exemption; 14CFRPart 21 14CFR45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR91.151 (a) 14 CFR 91.203 (a) & (b) 14CFR91.405 (a) 14 CFR407 (a) (1) 14CFR409 (a) (2) 14 CFR417 (a) & (b) TheAerial Filming Company's sUASs are rotorcraft, weighing 55 orfewer lbs. including payload.They operate,under normal conditions at a speed ofno more than 40 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously.They will operate only in line ofsight and will operate only on a closed location. Such operations will insure thatthe sUAS will "not create a hazard to users ofthe national airspace system or the public." Given the small size ofthe sUASs involved and the restricted environment within which they will operate, wefall squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately.Also due to the size ofthe UASs and the restricted areas in which the relevant sUASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe ReformAct,the authority contained in the FederalAviationAct, as amended; the strong equivalentlevel ofsafety surrounding the proposed operations, and the significant public benefit,the grant ofthe requested exemptions is in the public interest.Accordingly, the applicantrespectfully requests that the FAA grant the requested exemption without delay.The Aerial Filming Company PO Box 1345 

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January 14,2015 Page 3 AIRCRAFTAND SAFETY We propose that the exemption requested herein apply to civil aircraftthathave the characteristics and that operate with the limitations listed herein. Our proposed limitations provide for at least an equivalent or higher level ofsafety to operations than underthe current regulatory structure. These limitations and conditions to whichTheAerial Filming Company agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofpilot and observer. 3. Maximumtotal flight time for each operational flight will be 20 minutes. Flights will beterminated at 25% battery power reserve should that occurpriorto the 20 minute limit. 4. Flights will be operated at an altitude ofno more than 400 feetAGLor, not more than 200feet above an elevated platformfrom which filming is planned. 5.Minimum crew for each operation will consist ofthe sUAS Pilot,theVisual Observer, and the Camera Operator. 6. sUAS pilot will be an FAA licensed airman with at least a private pilot's certificate and third class medical.The camera operator and/or observer will hold at least a third class medical and have completed Ground School. 7. sUAS Pilot will be Pilot in Command (PIC). 8.The UAS will only operate within a closed environment. 9.A briefing will be conducted in regard to the planned sUAS operations priorto each day's production activities. It will be mandatory that all personnel who will be performing duties within the boundaries ofthe safety perimeterbe presentfor this briefing.The Aerial Filming Company PO Box 1345

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January 14,2015 Page4 10.The operator will file a Certificate ofWaiver, FAA Form7711-1, orits equivalent, with the appropriate Flight Standards District Office. 11.The operator will obtain the consent ofall persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation. 12.The operator will submit a written Plan ofActivities to the FSDO three days before the proposed shoot. 13. Pilot and observer will have beentrained in operation ofUAS generally and received up-to-date information on the particular UAS to be operated. Pilot has a minimum of200 hours flying this type ofaircraft in all conditions. 14. Observer and pilot will be able to communicate by voice. 15. Written and/or oral permissionfrom the relevant property holders will be obtained. 16.All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions,including local law enforcement,fire, or other appropriate governmental agencies. 17. Ifthe sUAS loses communications or loses its GPS signal, the UAS has the capability to return to a pre-determined location within the closed set and land. 18.The sUAS has the capability to abort a flight in case ofunpredicted obstacles or emergencies. 14 C.F.R. Part21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) SubpartH, entitledAirworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by TheAerial Filming Company, an exemption from Part21 Subpart H meets the requirements ofan equivalentlevel ofsafety under Part 11 and Section 333 ofthe ReformAct.The FederalAviationAct (49 U.S.C.§44701 (f)) and Section 333 ofthe ReformActboth authorize the FAAto exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In allThe Aerial Filming Company PO Box 1345

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January 14,2015 PageS cases, an analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing orrotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The sUAS to be operated is less than 55 lbs. fully loaded, carries neither a pilotnorpassenger, carries no explosive materials or flammable fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice ofall operations.These safety enhancements, which already apply to civil aircraft, provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14C.P.R. Part21, Subpart H.Application ofthese same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed ofoperation,location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking ofthe 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, orpilot 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 orpilot station on which the wordThe Aerial Filming Company PO Box 1345 

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January 14,2015 Page6 Experimental" can be placed. Given the size ofthe sUAV, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalentlevel ofsafety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700,8738, 10167 and 10167A. 14 C.F.R. § 61.113 (a) & (b): Private PilotPrivileges and Limitations: Pilotin Command. Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot orpassengers,the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraft to have a private pilot's license to operate this sUAS. Unlike a conventional aircraftthat carries the pilot and passengers, the sUAS is remotely controlled.The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance.The level ofsafety provided by our requirements exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft.Therisks associated with the operation ofthe sUAS are so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUAS as requested with a private pilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. §91.7(a): Civilaircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless itis in airworthy condition.As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraft and the requirements contained in our operations manual for maintenance and use of safety check lists prior to each flight, as setforth in Sections J,Land Q, an equivalentlevel ofsafety will be provided.The Aerial Filming Company PO Box 1345 

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January 14,2015 Page7 14 C.F.R. § 91.9 (b) (2): CivilAircraft Flight Manual in theAircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft
... (2) For which anAirplane or Rotorcraft FlightManual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft FlightManual, 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 equivalentlevel ofsafety 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, 8737, 8738,9299, 9299A, 9565, 9565B, 10167, 10167A, 10602,32827,and 10700.
. 14 C.F.R. § 91.103: Preflight action This regulation requires each PIC to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed.An equivalentlevel ofsafety will be provided as setforth in our confidential operating manual.The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight.The Aerial Filming Company PO Box 1345 

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January 14,2015 Page 8 14 C.F.R. §91.109: Flight instruction Section 91.103 provides that no person may operate a civil aircraft (except a mannedfree balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs I remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications.The FAA has approved exemptions for flight training withoutfully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A.The equivalentlevel ofsafety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. 14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation ofcivil 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 oraltitudes prescribedfor 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 400AGL, an exemption may be needed to allow such operations.As set forth herein, the UAS will never operate at higher than 400AGL. It will however be operated in a secure area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalentlevel ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where itis operated. No flight will be taken without the permission ofthe property owner orlocal officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft orrotorcraft weighingfar more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated with theseThe Aerial Filming Company PO Box 1345

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January 14,2015 Page9 operations is far less than those presently presented with conventional aircraft operating ator below 500AGL. In addition,the low-altitude operations ofthe sUAS will ensure separation between these small- UAS operations and the operations ofconventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121AltimeterSettings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set "
...to the elevation ofthe 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. Our sUAS has a barometric, telemetric data feed. This altitude information will be generated by equipmentinstalled on the aircraft, GPS triangulation or any combination thereof. Before each flight, a zero altitude initiation point will be established and confirmed for accuracy by the PIC. 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 ofintended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthat for atleast 30minutes; or (2) Atnight,to fly afterthatfor at least45 minutes." The battery powering the sUAS provides approximately 40 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight or nightVFR conditions is reasonable. We believe that an exemptionfrom 14 CFR §91.151(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR91.151 (a)). Operating the small UAS,in a tightly controlled area where only people and property owners or official representatives whoThe Aerial Filming Company PO Box 1345 

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January 14,2015 Page 10 have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not incurthe type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS.Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. We believe that an equivalentlevel ofsafety can be achieved by limiting flights to 20 minutes or 25% ofbattery 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 Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying CivilAircraft 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 itthe following: (1)An appropriate and current airworthiness certificate
.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that itis legible to passengers or crew. The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot.As such, there is no ability orplace to carry certification and registration documents or to display them on the sUAS. An equivalentlevel ofsafety 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 FAAhas issued numerous exemptions to this regulation.AThe Aerial Filming Company PO Box 1345 

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January 14,2015 Page 11 representative sample ofother exceptions includes Exemption Nos. 9565,9665,9789,9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 of this chapter
...," and others shall inspect or maintain the aircraft in compliance with Part43. Given that these sections and Part43 apply only to aircraft with an airworthiness certificate,these sections will not apply to our operations. Maintenance will be accomplished by the operatorpursuantto the flight manual and operating handbook as referenced in the Manual. An equivalent level ofsafety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. If mechanical issues arise the UAS can land immediately and will be operatingfrom no higher than 400 feetAGL.As provided in the Manual, the operator will ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety.

Pursuantto 14C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: TheAerial Filming Company seeks an exemptionfrom 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) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) within a closed, secure area.The Aerial FilmingCompany PO Box 1345 

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January 14,2015 Page 12 Approval ofexemptions allowing commercial operations ofsUASs as requested will enhance safety by reducing risk. Conventional operations,usingjetorpiston power aircraft, operate at extremely low altitudes and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh approximately 5,OOOlbs carrying large amounts of fuel. Such aircraft must fly to and from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all ofthatrisk given the reduced mass and lack ofcombustible fuel carried on board.The sUAS is carried to the location and notflown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation ofsmall UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicantfrom the requirements ofPart 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a secure environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people. Privacy All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Filming will be ofpeople who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.The Aerial Filming Company**~** POBox1345***'~** 

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January 14,2015 Page 13
Respectfully submitted,

James Colucci TheAerial Filming Company