July 22, 2015

Mike Auten

Vice President and General Manager

Commonwealth Productions

2602 Main Street Suite E2

Benton, KY 42025

270-527-2786

mauten@pradcooutdoorbrands.com

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

14 CFR Part 11, Commonwealth Production, a division of Plastics Research and Development 

Corporation, consultant, and operator of Small Unmanned Aircraft Systems (“sUASs”) equipped

to conduct aerial photography and videography purposes, 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, and 3) controlled as to access. Approval of this exemption would thereby fulfill the

Secretary of Transportation’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.

Commonwealth Productions requests to use the DJI Phantom 3 and DJI S1000 for aerial imaging.

The FAA has previously issued Grants of Exemption in circumstances similar in nearly all material

respects to those presented in this petition. In previous Grants of Exemption [Nos. 11062 to

Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No.

FAA−2014−0507), 11112 to VDOS Global (see Docket No. FAA−2014−0382), and 11213 to Aeryon

Labs, Inc. (see Docket No. FAA−2014−0642)], the FAA found that the enhanced safety achieved

using an unmanned aircraft with the specifications described by the petitioners, carrying no

passengers or crew—rather than a manned aircraft of far greater proportions, carrying crew and

flammable fuel—gave the FAA good cause to find that the UAS operations were in the public

interest. Commonwealth Productions feels that the reasons stated by the FAA for granting

Exemption Nos. 11062, 11109, 11112, and 11213 would also reasonably apply to the situation

presented by this petition. Additionally, we feel that considering the enhanced safety features

provided by the DJI Phantom 3 and DJI S1000 (the “No-Fly Zone” feature in particular), as well as

the cost effectiveness of small UAS aerial photography, a grant of exemption would be in the public

interest.

Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 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)

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

333 (a) through (c) of the Reform Act. This 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 sUAS’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 (VLOS) of the Pilot and Observers. 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.” Reform Act §333 (c). 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; that 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 44702-44716 of this title if the Administrator finds the exemption in the public

interest. 49 U.S.C. §44704; 14 CFR §91.203 (a) (1).

Commonwealth Productions’s sUASs are small rotorcraft aircraft, weighing less than 20 pounds

each, including sensor payload. We operate our rotorcraft under normal conditions at a speed of

no more than 17 knots, usually 0-5 knots. The rotorcrafts have the capability to hover and move

in the vertical and horizontal plane simultaneously. We will manually operate only in Visual Line of

Sight and will operate only within the operating parameters as described in the Operating

Manual attached as Attachment 1, 2, & 3.

Adherence to the Operating Manual will insure that the sUASs will “not create a hazard to the

national airspace system or the public.”

Given the small size and weight of the sUASs involved and the restricted sterile environment within

which they will operate, Commonwealth Productions 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 sUASs and
the areas in which the relevant sUAS 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, granting the requested exemptions is in the public interest

for the following reasons: (1) the strong equivalent level of safety surrounding the proposed

operations, and (2) the significant public benefits, including enhanced safety, reduction in

environmental impact, including reduced emissions associated with allowing UASs for educational

and marketing operations, (as opposed to full scale aircraft). Accordingly, Commonwealth 

Productions respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY Commonwealth Productions 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 possibly

higher level of safety to operations under the current regulatory structure because the proposed

operations represent a safety enhancement to the already safe filming operations conducted with

conventional aircraft. These limitations and condition to which Commonwealth Productions agrees to

be bound when conducting commercial operations under an FAA issued exemption include:

1. The sUASs will weigh less than 20 lbs.

2. Flights will always be operated manually within visual line of sight (VLOS) of the Pilot and

aircrew (Spotter / Observer).

3. Maximum total flight time for each operational flight will be 25 minutes. Flights will be

terminated at 25% battery power reserve should that occur prior to the 25 minute limit.

4. Flights will be operated at an altitude of no more than 300 feet AGL, though most operations

will be conducted within 50 feet of the ground

5. Minimum two (2) man crew for each sUAS operation will consist of the Pilot and Spotter /

Observer. In most cases the third aircrew member will serve as the Safety Officer.

6. The sUAS Pilot will serve as Pilot in Command (PIC). If a pilot certificate holder, other than

the sUAS Pilot, possesses the necessary PIC qualifications and is also present, that person

may also be designated as PIC.

7. The sUAS will only operate within an area as defined in the Manual.

8. Additionally, the sUAS will only operate under 200ft AGL, and outside a 5 statute mile

radius of any airport. The sUAS will never enter any MOA or Restricted Airspace, nor shall

it violate any TFR as outlined by the FAA and as limited by the “No Fly” feature on the UAS 

that prevents and warns of potential no fly areas.

9. A pre-flight briefing will be conducted in regard to the planned sUAS operation prior to each

day’s flying / recording activities. It will be mandatory that all personnel who will be

performing duties as “flight crew” be present for this briefing.

10. 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, and this radius

may be reduced to a smaller radius based upon an equivalent level of safety determination.

11. Pilot, and Spotter (Observer) will have been trained in operation of sUASs generally and

received up-to-date information on the particular sUAS to be operated as required.

12. Spotter (Observer) and Pilot will at all times be able to communicate by voice or radio.

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

14. If the sUAS loses communications or loses its GPS signal, the sUAS will have capability to

return to a predetermined location and land.

15. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.
14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §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 Commonwealth Productions, an

exemption from 14 CFR Part 21 Subpart H meets the requirements of an equivalent level of safety

under 14 CFR 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 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.

Acting PICs will be Mike Auten, Nathan Brandon, and Tony Hurt. These men have extensive 

experience using the UAS units for aerial video and photography. Each man has 5-15 years 

experience in public/commercial filming and have been flying the UAS units and training for more than 

a year. They are all experienced professionals and will follow all guidelines to the fullest extent and 

whos utmost duty is to maintain safe conditions for filming, both on the ground and in the air.

The sUAS to be operated hereunder weighs less than 20 lbs. fully loaded, carries neither a pilot

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

within a limited radius area as set out in the pre flight briefing / VLOS operations. Unlike other civil

aircraft, operations under this exemption will be tightly controlled and monitored by both the

Operator, pursuant to safety requirements, and under the requirements and in compliance with local

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

conventional aircraft. These safety enhancements, which already apply to civil aircraft operated in

connection with video production, 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 sUAS, 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 CFR §45.23 (b):

With regard to marking of the aircraft, this 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 sUASs will have no airworthiness certificate, an exemption may be needed as the

sUASs will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental”

can be placed. Given the size of the sUAVs, two-inch lettering will be impossible. The word

“Experimental” will be placed on the fuselage in compliance with 14 CFR §45.29 (f).
The equivalent level of safety will be provided by having the sUAV marked on its fuselage as

required by 14 CFR §45.29 (f) where the Pilot, Spotter (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 CFR §61.113 (a) & (b): Private Pilot Privileges and Limitations - Pilot in Command (PIC)

Sections 61.113 (a) & (b) limit private pilots to noncommercial operations. Because the sUASs 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 rather

than a commercial pilot’s license to operate this sUAS. 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 Operating Manual. The level of safety provided by the requirements included in the

Operating Manual meets that provided by a single individual holding a commercial pilot’s certificate

operating a conventional aircraft. The risks 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 CFR §61.113 (a) & (b).

14 CFR §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 Operating Manual for maintenance and use of safety checks prior

to each flight, as set forth in the Operating Manual, an equivalent level of safety will be provided.

However, as required by 14 CFR 91.7(b) a preflight assessment will be conducted.

14 CFR §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides: No person may 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 Operating 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 CFR §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 the 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.

14 CFR §91.109: Flight Instruction

Section 91.109 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 Exemptions

Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that aircraft will be piloted

by a certified private pilot who has previously trained in remote flight areas before attempting flight

within filming distance of structures.

14 CFR §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, Commonwealth Productions requests authority to operate at altitudes up

to 200 ft. AGL; an exemption may be needed to allow such operations. As set forth herein, the sUAS

will never operate at higher than 200 ft. AGL. It will however be operated in a controlled area 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 sUAS as well as

location where it is operated. No flight will be taken without the permission of the property owner and

without advance notice to participants. Because of the advance notice to the property owner and

participants in the photographic activity, all affected individuals will be aware of the planned flight

operations as set forth in the Operating Manual. Compared to flight operations with aircraft or

rotorcraft weighing far more than the maximum 20 lbs. proposed herein and because of 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 ft. 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 CFR §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 will 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 Operating Manual and Safety Checklist, confirming the altitude of the

launch site shown on the GPS altitude indicator before flight.

14 CFR §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 25 minutes of powered flight. To meet the 30 minute reserve

requirement in 14 CFR §91.151, sUAS flights would be impossible. Given the limitations on the

sUAS’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.

Commonwealth Productions 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 sUAS 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 sUAS. Additionally, limiting

sUAS flights 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 25 minutes

or 25% of battery power whichever happens first. This restriction would be more than adequate

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 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

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...

a. No person may operate a civil aircraft unless the airworthiness certificate required

by paragraph

b. 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 20 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, and should they be issued. 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 CFR §91.405 (a); 407 (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 Operating manual. An equivalent level of safety will be achieved because these sUASs 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 sUAS can land immediately and will be operating from

no higher than 300 ft. AGL. As provided in the Operating Manual, the PIC (operator) will ensure that

the sUAS is in working order prior to initiating flight, and perform required maintenance. 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.

Publication Summary

Pursuant to 14 CFR 11.81(f), 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 CFR § 21, subpart H; 14 CFR § 45.23 (b); 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) and 91.417 (a) & (b) to operate commercially Small Unmanned Aircraft Systems

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent

and knowledge, or over remote public land. Image capture of people will rarely take place, but in the

event they are, they will have consented prior to being filmed or otherwise have agreed to be in the

area where data collection will take place.

Airborne Image Capture

With regard to airborne filming, Commonwealth Productions adheres to all FAA regulations. Further

Commonwealth Productions’s airborne teams operate under the principles of: Safety First, Quality

Assurance, Accountability, Reporting, and Training. When approved by the FAA, it is Commonwealth 

Productions’s mandate to treat all sUAS operations the exact same level of professionalism and

seriousness as that of conventional aircraft. Approval of exemptions allowing commercial operations

of sUASs in our industry will enhance safety by reducing risk. Conventional operations, using turbine

or piston powered aircraft, present the risks associated with vehicles that weigh in the neighborhood

of 2,000lbs.+, carrying large amounts of Jet A or 100LL. Such aircraft must fly to and from location.

In contrast, a sUAS weighing fewer than 20 lbs, and powered only by batteries, eliminates virtually

all of the risk, given the substantial reduced mass and lack of combustible fuel carried on board. The

sUAS is typically transported to the location via auto, or cargo van, in a medium sized case and is

never flown to the site. The sUAS will carry no passengers or crew and, therefore, will not expose

them to the risks associated with manned aircraft.

The operation of sUASs, weighing less than 20lbs, 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 14 CFR Part 21 and allowing

commercial operations. These lightweight aircraft operate at slow speeds, close to the ground,
and in a sterile environment. As a result, they are far safer than conventional operations

conducted with piston helicopters, or fixed wing aircraft operating in relatively close proximity to the

ground and people.

The primary market of interest for Commonwealth Productions utilizing sUASs is aerial

videography and photography.

The airborne image capture process will be accomplished exclusively in daytime VFR environments.

To capture the highest quality of resolution the majority of airborne data collections will take place

during the 7:00am – 4:00pm window.

FCC COMPLIANCE:

This device complies with part 15 of the FCC Rules. Operation is subject to the following conditions (as 

stated in Phantom 3 Professional User Manual – page 56. Attached):

1. This device may not cause interference, and

2. This device must accept any interference received, including interference that may cause 

undesired operation.

SPECIFICATIONS:

Operating Frequency............... 2.400 GHz–2.483 GHz

Transmitting Distance.............. 2000 m (Outdoor and unobstructed)

Transmitter Power (EIRP) ....... FCC: 20 dbm

Camera Sensor ....................... Sony EXMOR 1/2.3” 

Summary of Application

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 sUASs for aerial videography and

photography. Operating Manual appended hereto. Commonwealth Productions is eagerly

standing by to support the FAA and sUAS community in its quest to establish proper regulations

and protocols for the safe introduction of unmanned aircraft into the national airspace.

Sincerely,

Mike Auten

Commonwealth Productions.

2602 Main Street

Suite E2

Benton, KY 42025

270-527-2786

mauten@pradcooutdoorbrands.com

lbradford@pradcooutdoorbrands.com

Attachments: 
1. DJI Phantom 3 – User Manual

2. DJI S1000 – User Manual

3. DJI S1000 Release Notes