FAA	has	asked	for	two	additional	comments.		

1.	The	reasons	why	granting	the	request	would	be	in	the	public	interest;	that	is,	how	it	would	

benefit	the	public	as	a	whole.		Here	is	the addendum	to	our	original	comment	requesting	an	

exemption.

Given	the	small	size	of	the	sUASs	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	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,	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.

2.	Any	additional	information,	views,	or	arguments	available	to	support	your	request.

AIRCRAFT	AND	EQUIVALENT	LEVEL	OF	SAFETY

AeroVista	Innovations 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	aerial	photography	and	cinematography	filming	operations	

conducted	with	conventional	aircraft.

These	limitations	and	conditions	to	which	AeroVista	Innovations agrees	to	be	bound	

when	conducting	commercial	operations	under	an	FAA	issued	exemption	include:

ØØ The	sUAS	will	weigh	less	than	55	lbs.

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

ØØ Maximum	total	flight	time	for	each	operational	flight	will	be	30	minutes	or	less.

ØØ Flights	will	be	terminated	at	25%	battery	power	reserve	should	that	occur	prior	to	

the	30	minute	limit.

ØØ Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	AGL	or,	not	more	than

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

ØØ Minimum	crew	for	each	operation	will	consist	of	the	sUAS	Pilot,	the	Visual	Observer,	

and	the	Camera	Operator.

ØØ sUAS	Pilot	will	also	meet	the	flight	review	requirements	specified	in	14	C.F.R	61.56	in	

an	aircraft	in	which	the	Pilot	is	rated	on	his	or	her	pilot	certificate.
ØØ The	sUAS will	only	operate	within	a	confined	sterile	closed---set	area	with	a	set	

safety	perimeter,	the	boundaries	of	which	will	be	determined	by	production	

personnel	and	the	sUAS	PIC	based	on	the	site---specific	filming	activities	and	speed	

of	the	sUAS	required	for	the	operation,	and	coordinated	with	the	jurisdictional	FAA	

FSDO	and	local	government	officials	as	applicable.

ØØ A	briefing	will	be	conducted	in	regards	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.

ØØ The	sUAS	Pilot	and/or	Aerial	Coordinator	will	ensure	this	safety	perimeter	that	only	

consenting	production	personnel	will	be	allowed	within	100	feet	of	the	sUAS	

operation	by	not	permitting	anyone	who	had	not	been	briefed	or	whom	is	not	

involved	in	production	to	be	in	the	closed---set	area.

ØØ Observer	and	PIC	will	at	all	times	be	able	to	communicate	by	voice	and/or	two	way	

radio	communication	system.

ØØ Written	and/or	oral	permission	from	the	relevant	property	holders	will	be	obtained.

ØØ If	applicable,	all	required	permissions	and	permits	will	be	obtained	from	territorial,	

state,	county	or	city	jurisdictions,	including	local	law	enforcements,	fire,	or	other	

appropriate	governmental	agencies.

ØØ If	the	sUAS	loses	communications	or	loses	its	GPS	signal,	the	sUAS	will	have	the	

capability	to	return	to	a	pre---determined	location	within	the	Security	Perimeter	

and	land	safely.

ØØ The	sUAS will	have	the	capability	to	abort	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	and	populated	areas	of	the	particular	UAS.	

In	all	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.

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	sUAS will	have	no	airworthiness	certificate,	an	exemption	may	be	needed

as	the	sUAS	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	§45.92	(f)	where	the	pilot,	observer	and	others	working	with	the sUAS	will	see	

the	identification	of	the	sUAS	as	“Experimental”.	The	FAA	has	issued	the	following	

exemptions	to	this	regulation	to	Exemptions	Nos.	10700,	8738,	10167	and	10167A.

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	Manual	for	maintenance	

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

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.

(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.

14	C.F.R.	§	91.103:	Preflight	action

This	regulation	requires	each	pilot	in	command	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	set	forth	by	the	

pre---flight	checklist	as	set	forth	in	the	Flight	Operations	Manual.The	PIC	will	take	all	

actions	including	reviewing	weather,	flight	battery	requirements,	landing	and	takeoff	

distances,

aircraft	performance	data	and	setting	the	pre---determined	safe	landing	area	in	case	of	loss	of

GPS	communication	before	initiation	of	flight.

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	and	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,	or	not	more	than	200	above	an	elevated	

platform	from	which	filming	is	planned,	an	exemption	may	be	needed	to	allow	such	

operations. The	sUAS	will	never	operate	at	higher	than	400	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	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	weighting	far	

more	than	the	maximum	55lbs.	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	aerial	photography	and	

cinematography	industry.	In	addition,	the	low---	altitude	operations	of	the	sUAS	will	

ensure	separation	between	these	sUAS	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.	An	

equivalent	level	of	safety	will	be	achieved	by	the	operator,	pursuant	to	the	Pre	Flight	Check	

list,	confirming	the	altitude	of	the	launch	site	shown	on	the	GPS	altitude	indicator	before	

flight.

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.

AeroVista	Innovations believes	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

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

engender	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.

Applicant	believes	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	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	UAS	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	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	section	and	Part	43	apply	only	to	aircraft	with	an	

airworthiness certificate,	these	sections	will	not	apply	to	the	applicant.	Maintenance	will	be	

accomplished	by	the	operator	pursuant	to	the	flight	manual	and	operating	handbook.	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.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:

Applicant	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)	in	aerial	

photography	and	cinematography	for	residential	and	commercial	real	estate	and	

closed---set	special	events.

Approval	of	exemptions	allowing	commercial	operations	of	sUASs	for	aerial	

photography	and	cinematography	for	real	estate	and	close---set	special	events	

will	enhance	safety	by	reducing	risk.	Conventional	real	estate	aerial	photography	

and	cinematography	use	jet	or	piston	powered	aircraft	which	carry	large	

amounts	of	combustible	fuel	posing	increased	risk.	Conversely,	sUASs	carry	no	

combustible	fuel,	weigh	only	55	lbs.	or	less	comparatively	to	3,000+	lbs.	of	a	

conventional	aircraft,	are	much	more	easily	maneuverable	and	do	not

ferry	to	and	from	the	production	location.	Additionally,	flying	at	or	below	400	AGL	

sUAS	will

be	no	factor	with	fixed	wing	and	rotor	wing	aircraft.

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	sterile	

environment	and,	as	a	result,	are	far	safer	than	conventional	operations	

conducted	with	traditional	aircraft	which	pose	a	safety	risk. There	are	no	

personnel	on	board	the	sUASs	and	therefore	the	likelihood	of	death	or	serious	

bodily	injury	is	significantly	diminished.	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.	AeroVista	

Innovations will	provide	an	equivalent	or	better	level	of	safety	as	that	achieved	

under	the	current	FAR’s. All	Aerovista	sUAV	operators	are	licensed	pilots.