BMFB	PRODUCTIONS	LLC

TO: U.S. Department of Transportation 

 Docket Management System 

 1200 New Jersey Ave., SE 

 West Building Ground Floor, Room W12-140 

 Washington, DC 20590 

FROM: BMFB PRODUCTIONS LLC 

 President: William Ciani 

 Address: 4035 NE 10th Avenue

 Oakland Park, FL 33334 

 Email: bill@bmfbproductions.com 

 Ph: 954-873-4121 

RE: Exemption Request: Section 333 of the FAA Modernization and Reform Act and 

 14 C.F.R., Part 11 of the Federal Aviation Regulations, Specifically: 14 C.F.R § 

 61.315 (c); 14 C.F.R. § 91.119 (c); 14 C.F.R. § 9.121;14 C.F.R. § 91.151 (a); 14 

 C.F.R. § 91.405 (a);14 C.F.R. § 91.407 (a) (1);14 C.F.R. § 91.409 (a) (2); and 14 

C.F.R. § 91.417 (a) & (b). 

To Whom It May Concern, 

 BMFB Productions LLC (“BMFB”), a Florida Limited Liability Company, respectfully 

submits this, its application requesting an exemption pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (“Reform Act”) and 14 C.F.R., Part 11, to allow 

commercial operation of its Unmanned Aircraft Systems (“UAS”) in order to conduct aerial 

photography and videography for the motion picture, television, and commercial videography 

industry within and under the conditions outlined herein or as established by the FAA as 

required pursuant to Section 333. This request is made so that BMFB is permitted to operate its 

UAS’s in a safe, controlled, and limited manner. Further, approval of this exemption request will 

contribute towards the FAA’s goals of establishing requirements for safe operation of 

commercial unmanned aircraft systems as outlined in Section 333. 

 This application is submitted in compliance with fulfilling the goals of Congress with 

regards to the passing of Section 333(a) (b) and (c) of the Reform Act. The latter directs the 

Secretary of Transportation to consider whether certain UAS may operate safely within the 

national airspace system (“NAS”) before completion of the rulemaking required under Section 

332 of the Reform Act. According to Section 333(a), in order to determine which types of UAS 

do not create a hazard to users of the NAS, the public, or pose threats to national security, the 

following determinations are to be made: 

! The size, speed, weight and operational capability of the UAS; 

! Operation of UAS in close proximity to populated areas and airports; and 

! Operation of UAS within visual line of sight (“VLOS”) of its operator. 
Pursuant to Section 333(c), If it is determined that UAS vehicles may operate safely in the NAS 

requirements shall be established for the safe operation of such aircraft within the NAS. 

DESCRIPTION OF ACTIVITIES 

BMFB wishes to use the following UASs: DJI Phantom 2; DJI s1000; DJI Inspire 1; DJI Phantom 

3 Professional; and Freefly Alta for aerial photography, cinematography, and videography under 

controlled conditions in airspace that is limited, access-controlled, safe, and pre-determined. 

While operating a lightweight, small aircraft under strict limitations, BMFB will be able to operate 

its UASs within the NAS while satisfying the Section 333 requirement to achieve safety 

equivalent to the level of a traditional aircraft. BMFB will operate UASs in compliance with the 

UAS User Manuals, and in accordance with the conditions and limitations of this Petition for 

Exemption. 

Regulations from which the exemption is requested: 

14 C.F.R § 61.315 (c) 

14 C.F.R. § 91.119 (c) 

14 C.F.R. § 9.121 

14 C.F.R. § 91.151 (a) 

14 C.F.R. § 91.405 (a) 

14 C.F.R. § 91.407 (a) (1) 

14 C.F.R. § 91.409 (a) (2) 

14 C.F.R. § 91.417 (a) & (b) 

SUMMARY PROCESSING 

This Exemption should qualify for summary processing as the FAA has already given 

public notice of and granted similar exemptions. Based on the latter, BMFB will not be setting 

precedent because the following Exemptions: 11062, 11063, 11064, 11065, 11067, and 11080, 

have all been granted for the purpose of allowing operation of UASs for the same purpose of 

aerial photography and cinematography. 

AIRCRAFT AND ENVIRONMENT 

BMFB’s UASs are rotorcraft, weighing 55 lbs., or less. They operate, under normal 

conditions at a speed of no more than 45 miles per hour and they have the capability to hover, 

and move in the vertical and horizontal planes simultaneously. They will operate at altitudes of 

no more than 400 feet above ground level ("AGL") and they will operate only within VLOS of the 

pilot in command ("PIC') will only operate the UASs within a controlled access area. Operations 

in compliance with the UAS User Manuals will ensure that the UASs will not create a hazard to 

users of the NAS or the public and that the UASs will operate in compliance with the conditions 

set forth in this application. 

MINIMUM SAFE ALTITUDES

14 C.F.R.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 UAS that is a rotorcraft and the exemption requests authority to 

operate at altitudes up to 400 feet AGL, or not more than 200 above an elevated platform from 

which filming is planned, an exemption may be needed to allow such operations. As set forth 

herein, except for the limited conditions stated in the Flight Operations and Procedures Manual, 

the UAS will never operate higher than 400 feet AGL. It will however be operated in an access 
BMFB	PRODUCTIONS	LLC

controlled area, where buildings and people will not be exposed to operations without their preobtained 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 as set forth in the Flight Operations and Procedures Manual. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55 

lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is 

far less than those presently presented with conventional aircraft operating at or below 400 feet 

AGL in the movie industry. In addition, the low altitude operations of the UAS will ensure 

separation between these small UAS operations and the operations of conventional aircraft that 

must comply with Section 91.119. 

FUEL REQUIREMENTS 

14 C.F.R. 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 that powers the UAS provides a maximum of 40 minutes of powered flight 

to meet the 30-minute reserve requirement in 14 C.F.R. § 91.151, thereby limiting the length of 

UAS flights to approximately 10 minutes. A longer time frame for flight in daylight or night VFR 

conditions is reasonable, given the limitations on the UAS's proposed flight area. BMFB 

believes that an exemption from 14 C.F.R. § 91.151 (a) falls within the scope of prior 

exemptions. 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 give rise to the type of risks that Section 91.151 (a) is 

intended to eliminate, given the size and speed of the small UAS. Further, limiting UAS flights to 

10 minutes would greatly reduce the utility for which the exemption will be granted. BMFB trusts 

that an equivalent level of safety can be achieved by limiting flights 25% battery power or 30 

minutes, whichever occurs sooner. The latter would be more than adequate to return the UAS to 

its planned landing zone from anywhere in its limited operating area. The following similar 

exemptions have been granted to other operations: 2689F, 57 45,10673, 10808, 11062, 11063, 

11065, 11066, 11067, and 11080. 

AIRWORTHINESS

In accordance with section 917(a), no person may operate a civil aircraft unless it is in an 

airworthy condition. BMFB is in strict compliance with the DJI Phantom 2 and DJI s1000 

operation manuals prior to each flight, and therefore proposes that compliance with said 

operating documents is sufficient for determining an airworthy condition. Furthermore, BMFB 

president, William Ciani keeps log of each recreational/hobby flight and currently said log book 

is comprised of 500 hours of flight time without incident. Numerous exemption applications of 

similar UAS operations have been granted without requiring an airworthiness certificate in 

accordance with 14CFR 21(H), and those approved exemptions similar to this request consist of 

the following: 11153, 111112, 11110, 11109, 11080, 11067, 11066, 11065, 2689, 5745, 10650, 

10673,10808,11062,11063, and 11064. 
MAINTENANCE AND INSPECTION 

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b) 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. The latter sections and Part 43 apply only to 

aircraft with an airworthiness certificate, these sections will not apply to BMFB. 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, will 

perform required maintenance, and will keep a log of any maintenance performed. 

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. The FAA has granted 

exemptions for similar operations in Exemptions 11062, 11063, 11064, 11065, 11067, and 

11080. 

SAFETY LEVELS and CONDITIONS/LIMITATIONS 

BMFP agrees to be bound by the following conditions and limitations when conducting 

commercial operations under an issued FAA exemption: 

1. The UAS will weigh less than 55 pounds inclusive of energy sources and equipment. 

UAS user manuals are submitted with this Exemption Request as individual exhibits 

except for the DJI Inspire 1 Manual, as the file is too large to submit electronically, 

however it may be viewed online at http://www.dji.com/product/inspire-1/download.

2. The UAS will not be flown at a ground speed exceeding 45 miles per hour. 

3. Flights will be operated at an altitude of no more than 400 feet AGL. 

4. The UAS will be operated within the VLS of the PIC at all times. 

5. All operations will utilize a visual observer (“VO”). The VO may, at times, be used to 

satisfy the VLOS requirement as long as the PIC maintains VLOS capability at all 

times. The VO and PIC will be in verbal communication at all times and the UAS will 

always be within the VLOS of the VO using only human vision unaided by any 

device other than corrective lenses. 

6. BMFB will follow the UAS user manuals as accepted by the FAa and any additional 

requirements identified in the final conditions for this exemption will be strictly 

adhered to by BMFB. 

7. The PIC will inspect the UAS prior to each flight ensuring that it is in a safe condition 

for flight. If the inspection reveals a condition that would affect safe operation of the 
BMFB	PRODUCTIONS	LLC

UAS it will not be operated until any and all necessary maintenance has been 

performed so that the UAS may then found be in a condition for safe flight. 

8. Any maintenance or alternations that will affect the operation or flight characteristics 

of the UAS will be logged in the aircraft records of the UAS and it will have 

undergone a functional test flight in accordance with its user manual. 

9. BMFB will follow all UAS aircraft and component maintenance, overhaul, inspection, 

replacement, and life limit requirements per the user manuals. 

10. The PIC will meet the flight review requirements set forth in 14 C.F.R. Section 61.56 

in an aircraft in which the PIC is rated on his pilot certificate. The PIC will have a 

valid driver’s license and at least a sport pilot certificate. 

11. BMFB intends to operate the UAS’s for aerial photography, cinematography and 

videography and prior to any operations the PIC will have accumulated and logged, 

in a manner consistent with 14 C.F.R. Section 61.51(b), a minimum of 200 flight 

cycles and 25 hours of total time as a UAS rotocraft pilot and at least 10 hours 

logged as a UAS pilot with a similar UAS type, either single blade or multirotor. All 

prior documented flight experience obtained in compliance with the applicable 

regulations shall be used to satisfy this requirement. Training, proficiency, and 

experience-building flights may also be conducted under this grant of exemption to 

accomplish the required flight cycles and flight time. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations will be 

considered non-participants, and the PIC will operate the UAS with appropriate 

distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 

12. Prior to operations conducted for the purpose of aerial photography, 

cinematography, and videography the PIC will have accumulated and logged, in a 

manner consistent with 14 C.F.R. § 61.51(b), a minimum of five hours as UAS pilot 

operating the make and model of UAS to be utilized for operations under the 

exemption and three takeoffs and landings in the preceding 90 days. Training, 

proficiency, experience building, and takeoff and landing currency flights can be 

conducted under this grant of exemption to accomplish the required flight time and 

90 day currency. During training, proficiency, experience building, and takeoff and 

landing currency flights all persons not essential for flight operations are considered 

nonparticipants, and the PIC will operate the UAS with appropriate distance from 

nonparticipants in accordance with 14 C.F.R. § 91.119. 

13. The UAS may not be operated directly over any person, except authorized and 

consenting production personnel, below an altitude that is hazardous to persons or 

property on the surface in the event of a UAS failure or emergency. 

14. The operator will ensure that no persons are allowed within 400 feet of the area 

except those consenting to be involved and necessary for the filming production. 

This provision may be reduced to no less than 200 feet if it would not adversely 

affect safety and the Administrator has approved it. For example, an equivalent level 

of safety may be determined by an aviation safety inspector's evaluation of the 

filming production area to note terrain features, obstructions, buildings, safety 
barriers, etc. Such barriers may protect non-participating persons (observers, the 

public, news media, etc.) from debris in the event of an accident. This is also 

consistent with the same FAA order 8900.1, V3, C8, S1. 

15. If the UAS loses communications or loses its Global Positioning System (GPS) 

signal, the UAS will be programmed to return to a pre-determined location within the 

security perimeter and land or be recovered. The PIC will abort the flight in the event 

of unpredicted obstacles or emergencies. 

16. Each UAS operation will be completed within 30 minutes flight time or with 25% 

battery power remaining, whichever occurs first. 

17. The operator will obtain an Air Traffic Organization ("ATO") issued certificate of 

Waiver or Authorization ("COA'j prior to conducting any operations over 200 feet 

AGL. The operator will request a Notice to Airman ("NOT AM") not more than 72 

hours in advance, but not less than 48 hours prior to the operation. BMFB plans to 

conduct most flights under 200 feet AGL to comply with the blanket COA approval. 

18. All aircraft operated in accordance with this exemption will be identified by serial 

number, registered in accordance with 14 C.F.R. part 45 and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings will be 

as large as practicable. 

19. The operator will document and maintain a record of the UAS maintenance, 

preventative maintenance, alterations, status of replacement/ overhaul component 

parts, and the total time in service of the UAS. 

20. Each UAS will comply with all manufacturer safety bulletins and firmware updates. 

21. The radio frequency spectrum used for operation and control of the UAS complies 

with Federal Communications Commission ("FCC") or other appropriate government 

oversight agency requirements. 

22. The documents required under 14 C.F.R. § 91.9 and§ 91.203 will be available to the 

PIC at the ground control station of the UAS any time the aircraft is operating. These 

documents will be made available to the Administrator or any law enforcement 

official upon request. 

23. The UAS will remain clear and yield the right of way to all other manned operations 

and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.). 

24. UAS operations will not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

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

under special visual flight rules ("SVFR") are not authorized. 

25. The UAS 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. 
BMFB	PRODUCTIONS	LLC

26. The UAS will not operate in Class B, C, or D airspace without written approval from 

the FAA. The UAS will not operate within 5 nautical miles of the geographic center of 

a non-towered airport as denoted on a current FAA published aeronautical chart 

unless a letter of agreement with the airport's management is obtained, and the 

operation is conducted in accordance with a NOT AM as required by the operator's 

COA. The letter of agreement with the airport management will be made available to 

the Administrator upon request. 

27. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA will be 

reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will 

be reported to the National Transportation Safety Board ("NTSB") per instructions 

contained on the NTSB website: www.ntsb.gov. Further flight operations will not be 

conducted until the incident, accident, or transgression is reviewed by AFS-80 and 

authorization to resume operations is provided. Unless otherwise specified in this 

grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply 

with all applicable parts of 14 C.F.R. including, but not limited to, parts 45, 47, 61, 

and 91.

NATIONAL SECURITY 

This exemption request poses no threats to national security when taken into account the size, 

carrying capacity, and speed at which both, the DJI Phantom 2 and DJI s1000 UASs operate as 

they will not be used for any purpose other than aerial videography and photography. 

PRIVACY 

If any operations are to be conducted over private or controlled access property it will not be 

conducted without permission from the land owner or controller or an authorized representative. 

Permission will be obtained prior to each flight, if necessary. Further, 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. 

SUMMARY 

BMFB Productions LLC hereby submits its exemption application to operate the DJI Phantom 2 

and DJI s1000 UAS’ in its ordinary course of business, specifically aerial photography, 

cinematography, and videography work, pursuant to Section 333 of the FAA Modernization and 

Reform Act and 14 C.F.R., Part 11 of the Federal Aviation Regulations. An exemption is 

requested from the following regulations: 

14 C.F.R § 61.315 (c) 

14 C.F.R. § 91.119 (c) 

14 C.F.R. § 9.121 

14 C.F.R. § 91.151 (a) 

14 C.F.R. § 91.405 (a) 

14 C.F.R. § 91.407 (a) (1) 

14 C.F.R. § 91.409 (a) (2) 
14 C.F.R. § 91.417 (a) & (b) 

CONCLUSION 

BMFB Productions LLC, a Florida Limited Liability Company seeks exemption from the above 

referenced Federal Regulations in order to commercially operate a small unmanned aerial 

vehicle of less than 55 pounds for the purposes of aerial photography and videography. 

Approval of this application for exemption will enhance safety as it will reduce and remove the 

many risk factors posed by traditional manned aircraft partaking in similar operations. The 

replacement of heavy aircraft requiring fuel to operate with a UAS similar to the DJI Phantom 2 

or DJI s1000 , both which are battery operated will eliminate the threat to property and persons 

all together. 

BMFB appreciates that it is given the opportunity to request an exemption in order to pursue 

aerial photography and videography within the commercial context in a safe and strictly 

enforced manner. Further, its compliance with the criteria as provided within Section 333 of the 

Reform Act regarding size, speed, weight, operating capabilities, proximity to heavily populated 

areas and airports, operation within visual line of sight all while posing no threat to national 

security further justifies the grant of an exemption as it is consistent with others that have been 

granted previously. In consideration of the foregoing, this Petition for Exemption provides the 

FAA with more than adequate justification for granting the requested exemptions allowing BMFB 

to commercially operate UASs for aerial in the ordinary course of business. 

BMFB thanks you for your time and attention to this matter. 

Respectfully Submitted, 

s/William Ciani/ 

_____________________________ 

William Ciani 

President of BMFB Productions LLC.