Dear Sir or Madam:

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

Reform Act) and 14 C.F.R. Part 11, Mike's Aerial Cinematography (“the applicant”),

developer and operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to

conduct infrastructure and construction inspection and assist business operations, 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.

As described more fully below, the requested exemption would permit the

operation of small, unmanned, and relatively inexpensive sUAS under controlled

conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access, and

4) would provide safety enhancements to the already safe operations in the infrastructure

and business operations industry presently using conventional aircraft. Approval of this

exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the

FAA Administrator’s) responsibilities to “...establish requirements for the safe operation

of such aircraft systems in the national airspace system.” Section 333(c) of the Reform

Act.

The name and address of the applicant is:

Mike's Aerial Cinematography

Name: Michael A Ikon

Phone: (224)­715­5818

Email: Cyclingmikee@gmail.com

Address: 34 West Fox Hill Dr Buffalo Grove IL 60089

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 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)

This exemption application is expressly submitted to fulfill Congress’ goal in

passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of
Transportation to consider whether certain unmanned aircraft systems may operate safely

in the national airspace system (NAS) before completion of the rulemaking required

under Section 332 of the Reform Act. In making this determination, the Secretary is

required to determine which types of UASs do not create a hazard to users of the NAS or

the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

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

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may

operate safely in the national airspace system, the Secretary shall establish requirements

for the safe operation of such aircraft in the national airspace system.” Id. §333(c)

(emphasis added).1

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.

This statutory authority by its terms includes exempting civil aircraft, as the term is

defined under §40101 of the Act, which includes sUASs, from the requirement that all

civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed

under subsection (a) or (b) of this section or any sections 44702­44716 of this title if the

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC

§44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

Mike's Aerial Cinematography sUASs (Appendix 1) are rotorcraft, weighing 55 or

fewer lbs. including payload. They operate under normal conditions at a speed of no more

than 25 knots and have the capability to hover and move in the vertical and horizontal

plane simultaneously. They will operate only in line of . Such operations insure that the

sUAS does “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 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 infrastructure,

construction, and business operations, the granting of the requested exemptions is in the

public interest. Accordingly, the applicant respectfully requests that the FAA grant the

requested exemption without delay.
Background Information

Mike's Aerial Cinematography is in the business of

Operations performed by Mikes Aerial Cinematography include:

Film Real Estate

Capture Nature

Commercials

As part of this Mike's Aerial Cinematography is requesting FAA Exemption for sUAS

operations for safety, inspection and video capture usage.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that

have the characteristics and that operate within 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 infrastructure, construction, and business operations

conducted with conventional aircraft.

These limitations and conditions to which Mike's Aerial Cinematography 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 a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights

will be terminated at 25% battery power reserve should that occur prior to the 30

minute limit.

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

than 200 feet above an elevated platform from which flight is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot and the Visual

Observer.

6. The sUAS pilot will be a specially trained staff member of Mike's Aerial Cinematography

knowledgeable of the airspace within which the operation will

take place and how that airspace fits into the NAS.

7. The sUAS Pilot will be the Pilot in Command (PIC). If a pilot certificate holder

other than the sUAS Pilot, who possess the necessary PIC qualifications, is also

present on site, that person can also be designated as PIC.

8. The sUAS will only operate within defined boundaries as outlined in Section 8.4

of the Manual.

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

each mission. It will be mandatory that all personnel who will be performing

duties within the boundaries of the safety perimeter be present for this briefing.

10. The operator will file a FAA Form 7711­1, or its equivalent, as modified in light

of the requested exemption, with the appropriate Flight Standards District Office
(FSDO)

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

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

operation, and this radius may be reduced to 30 feet based upon an equivalent

level of safety determination, as required by Section 8.4 of the Manual. With the

advanced permission of the relevant FSDO, operations at closer range can be

approved.

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

before the proposed mission as required in Section 8.1 of the Manual. Items will

include:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS mission conducted

under this petition of exemption;

c. Make, model, and serial or N­number of UAS to be used;

d. Name and certificate number of UAS PICs involved in the mission;

e. A statement that the operator has obtained permission from property

owners and/or local officials to conduct the mission;

f. The list of those who gave permission made available to the inspector

upon request;

g. Signature of exemption­holder or representative; and

h. A description of the flight activity, including maps or diagrams of any

area, city, town, county, and/or state over which the mission will be

conducted and the altitudes essential to accomplish the operation.

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

received up­to­date information on the particular UAS to be operated as required

in Sections 7.4 and 7.5 of the Manual.

14. Observer and pilot will at all times 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 will have the

capability to return to a predetermined location within the Security Perimeter and

land.

18. The sUAS will have 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

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.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels,and operates

exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations

under this exemption will be tightly controlled and monitored by both the operator and observer,

pursuant to the Manual’s policies, and under and in compliance with local public safety

requirements, to provide security for the area of operation as is now done with conventional

infrastructure and construction inspections and business operations. The FAA will have advance

notice of all operations. These safety enhancements, which already apply to civil aircraft

operated in connection with infrastructure and construction inspections and business

operations, provide a greater degree of safety to the public and property owners than

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part

21, Subpart H.

Lastly, 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 light­sport 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," "light­sport," "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 a cabin, cockpit or pilot station on which the word

“Experimental” can be placed. Given the size of the sUAV, two­inch 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 UAV 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 non­commercial 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 specially trained staff operate this small UAS. Unlike a conventional aircraft that

carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board.

The area of operation is controlled and restricted, and all flights are planned and coordinated in

advance as set forth in the Manual. The level of safety provided by the requirements included in

the Manual 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 by specially trained staff 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 the Manual for maintenance and

use of safety checklists prior to each flight, as set forth in Sections 9.1 and 9.6, 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 ... (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 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 provided as set forth

in Sections 8 and 9 of the 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.

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

herein, except for the limited conditions stated in the Manual, the UAS will never operate at

higher than 400 AGL. It will, however, be operated in a restricted area with a security perimeter,

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, and 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 mission, all affected individuals will be aware of the planned flight operations

as set forth in Section 6.2, 8.1, and 8.2 of the Manual. 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 operations is far less than those presently

presented with conventional aircraft operating at or below 500 AGL in the infrastructure and

construction inspections and business operations industry. In addition, the low­altitude

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. An equivalent level of safety

will be achieved by the operator, pursuant to the Manual and safety checklist, 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 30 minutes of powered flight. To

meet the 30­minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to

approximately 20 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.

Applicant 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 20 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

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 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 sections 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 as referenced in the Manual

(See Sections 8.6 and 9). 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:

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 (55 lbs or less) in motion picture and television

operations.

Approval of exemptions allowing commercial operations of sUASs in the

infrastructure and construction inspections and business operations will enhance safety

by reducing risk. Conventional infrastructure and construction inspections and business

operations, using jet or piston powered aircraft, operate at extremely low altitudes just

feet from the infrastructure being inspected and in extreme proximity to people and

structures; and present the risks associated with vehicles that weigh in the neighborhood

of 4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft must fly to and

from the work 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 worksite 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, weighing 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 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. Infrastructure and construction inspections and business

operations will be performed for people who have also consented for work to be

performed or otherwise have agreed to be in the area where UAS flight will take place.

Conclusion
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 exemptions allowing commercial operation of

applicant’s UAS in the infrastructure and construction inspections and business

operations industry pursuant to the Manual appended hereto.

Sincerely,

Michael A. Ikon

Chief Executive Officer

Mike's Aerial Cinematography

Appendix 1 The make and model of the aircraft for proposed operations
DJI Phantom 3 Professional