The Aerial Filming Company 

f'O Box 1345 

., The Aerial Summit, NJ 07902 

,.., Filming Company ----____,,......,..,.--~---~---.__, _________ 9_os_-4_8s_-o_Io_o--'-~ 

January 14,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

'·~-" f ;,.] 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

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

Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 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 Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11, The Aerial Filming Company, as operator of Small Unmanned Aircraft Systems 

("sUASs") equipped to conduct aerial photography for scripted closed set filming, hereby applies 

for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its sUASs, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333.1 

As described more fully below, the requested exemption would permit the 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 of our firm is; 

The Aerial Filming Company 

Attn: James Colucci 

Phone:908-488-0100 

Email: jamie@theaerialfilmingcompany.com 

Address: PO Box 1345, Summit, NJ 07902 
The Aerial Filming Company 

PO Box 1345 

., The Aerial Summit, NJ 07902 

,.., Filming Company ____________________ 9_.os_-4_88_-o_w_o __ 

January 14,2015 

Page2 

Regulations from which we request exemption; 

14 CFR Part 21 

14 CFR 45.23(b) 

14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

The Aerial Filming Company's sUASs are rotorcraft, weighing 55 or fewer lbs. including 

payload. They operate, under normal conditions at a speed of no 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 of sight and will operate only on a closed location. 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 sUASs involved and the restricted environment within which 

they will operate, we fall 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 sUASs 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, 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. 
The Aerial Filming Company 

PO Box 1345 *'' The Aerial Summit, NJ 07902 ,., Filming Company ____________________ 9_os_-4_8s_-o_lo_o __ 

January 14,2015 

Page 3 

AIRCRAFT AND SAFETY 

We propose that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. Our proposed limitations 

provide for at least an equivalent or higher level of safety to operations than under the current 

regulatory structure. 

These limitations and conditions to which The Aerial 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 of sight of pilot and observer. 

3. Maximum total flight time for each operational flight will be 20 minutes. Flights will 

be terminated at 25% battery power reserve should that occur prior to the 20 minute 

limit. 

4. Flights will be operated at an altitude of no more than 400 feetAGL or, not more than 

200 feet above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual 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 prior to each 

day's production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing. 
The Aerial Filming Company 

PO Box 1345 

t"~ The Aerial Summit, NJ 07902 

,..,. Filming Company ____________________ 9_os_-4_88_-o_lo_o __ 

January 14,2015 

Page4 

10. The operator will file a Certificate of Waiver, FAA Form 7711-1, or its equivalent, 

with the appropriate Flight Standards District Office. 

11. The operator will obtain the consent of all persons involved in the filming and ensure 

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

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

the proposed shoot. 

13. Pilot and observer will have been trained in operation of UAS generally and received 

up-to-date information on the particular UAS to be operated. Pilot has a minimum of 200 

hours flying this type of aircraft in all conditions. 

14. Observer and pilot will 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 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 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 Aerial Filming Company, 

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 and populated areas of the particular UAS. In all 
The Aerial Filming Company 

PO Box 1345 

~~ The Aerial Summit, NJ 07902 

,.,. Filming Company ____________________ 9_08_-4_88_-o_Io_o_~ 

January 14,2015 

PageS 

cases, an analysis of these criteria demonstrates that the 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 or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

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 of all operations. These safety 

enhancements, which already apply to civil aircraft, provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.P.R. Part 21, Subpart H. Application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS, due to its 

size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 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 
The Aerial Filming Company 

PO Box 1345 *'' The Aerial Summit, NJ 07902 ,..,. Filming Company ____________________ 9_os_-4_ss_-o_w_o __ 

January 14,2015 

Page6 

Experimental" can be placed. Given the size of the sUAV, 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 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 of the 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 Pilot Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

UAS will 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 have a private 

pilot's license to operate this sUAS. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled. The area of operation is controlled and restricted, 

and all flights are planned and coordinated in advance. The level of safety provided by our 

requirements exceeds that provided 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 sUAS as requested with a private pilot as 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 our operations manual for 

maintenance and use of safety check lists prior to each flight, as set forth in Sections J, Land Q, 

an equivalent level of safety will be provided. 
The Aerial Filming Company 

PO Box 1345 *'"' The Aerial Summit, NJ 07902 

,., Filming Company -------------~------9_08_-4_88_-o_lo_o___;._ 

January 14,2015 

Page7 

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

Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof. 

The sUAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room 

or capacity to carry such an item on the aircraft. 

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

ground control point where the 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 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided as set forth in our 

confidential operating manual. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. 
The Aerial Filming Company 

PO Box 1345 t'' The Aerial Summit, NJ 07902 

,.,. Filming Company ____________________ 9_os_-4_88_-o_w_o __ 

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 manned free 

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 of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to 

operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set 

forth herein, the UAS will never operate at higher than 400 AGL. 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 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 filming activity, all affected individuals will be aware of the planned flight 

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

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these 
The Aerial Filming Company 

PO Box 1345 

*'~ The Aerial Summit, NJ 07902 

,..,. Filming Company ____________________ 9_os_-4_8s_-o_lo_o_..;..._ 

January 14,2015 

Page9 

operations is far less than those presently presented with conventional aircraft operating at or 

below 500 AGL. In addition, the low-altitude 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. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As the 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 equipment installed 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 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." 

The battery powering the sUAS provides 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. Given the limitations on the UAS's proposed flight area and 

the location of its proposed operations within a predetermined area, a longer time frame for flight 

in daylight or night VFR conditions is reasonable. 

We believe that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where 

only people and property owners or official representatives who 
The Aerial Filming Company 

PO Box 1345 *"' The Aerial Summit, NJ 07902 '• Filming Company ____________________ 9_os_-4_8s_-o_w_o __ 

January 14,2015 

Page 10 

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not incur the 

type of risks 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. 

We believe that an equivalent level of safety can be achieved by limiting flights to 20 

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 Exemptions 2689F, 

5745, 10673, and 10808. 

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

The regulation provides in pertinent part: 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it 

has within it the following: 

(1) An appropriate and current airworthiness certificate .... 

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the sUAS. 

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 
The Aerial Filming Company 

PO Box 1345 t'' The Aerial Summit, NJ 07902 

,.,. Filming Company ____________________ 9_os_-4_8s_-o_Io_o_~ 

January 14,2015 

Page 11 

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) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to our operations. Maintenance will be accomplished by 

the operator pursuant to the flight manual and operating handbook as referenced in the Manual. 

An equivalent level of safety 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 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 Manual, the operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of any maintenance 

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

Federal Register, should it be determined that publication is needed: 

The Aerial Filming Company 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) 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 Filming Company 

PO Box 1345 *"' The Aerial Summit, NJ 07902 ,., Filming Company ____________________ 9_os_-48_8_-o_Io_o_~ 

January 14,2015 

Page 12 

Approval of exemptions allowing commercial operations of sUASs as requested will 

enhance safety by reducing risk. Conventional operations, using jet or piston 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 of that risk given the reduced mass 

and lack of combustible fuel carried on board. The sUAS is carried to the 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, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of Part 21 

and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to 

the ground, and in a 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 of people 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 

*'~ The Aerial Summit, NJ 07902 

'• Filming Company __________________ --=.9.::..:.08..:.-48:..::.8-...:..:0l::.:..:oo:.._~ 

January 14,2015 

Page 13 

Respectfully submitted, 

James Colucci 

The Aerial Filming Company