R. Patrick Thornberry 

Associate 

r.patrick.thornberry@FaegreBD.com 

Direct +1 317 569 4625 

Faegre Baker Daniels LLP 

600 East 96th Street Suite 600 

Indianapolis Indiana 46240-3789 

Phone +1 317 569 9600 

Fax +1 317 569 4800

US.56523982.03

May 5, 2015 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 and Part 11 of the 

Federal Aviation Regulations 

Dear Sir or Madam: 

We represent CameraBee, LLC, an Indiana limited liability company ("CameraBee"). We are writing 

pursuant to the FAA Modernization and Reform Act of 20121 (the "Reform Act") and the petition for 

exemption procedures directed in 14 C.F.R. 11, to request that CameraBee, an owner and operator of 

unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below so that 

CameraBee may operate its unmanned aircraft / unmanned aircraft systems ("UAS") commercially in 

airspace regulated by the Federal Aviation Administration ("FAA"). 

CameraBee wishes to provide aerial videography and photography services through the use of small, 

unmanned aircraft and lightweight UASs, primarily for use in the motion picture industry. CameraBee's 

UASs are some of the most advanced remote control aircraft available for these purposes. CameraBee 

seeks permission to fly its UASs commercially within the United States to capture aerial videography 

and photography. 

CameraBee's exemption request would permit its operation of lightweight, unmanned (piloted by remote 

control) aircraft and UASs in controlled and limited airspace. Each of CameraBee's UAS pilots has (i) 

undergone maintenance and flight training from Hoverfly (the manufacturer of CameraBee's UASs) or 

another UAS training program, (ii) obtained and currently maintains a Private Pilot License pursuant to 

the FARs (including a Third Class Medical Certificate), and (iii) received or logged at least twenty-five 

(25) hours of UAS flight time and a minimum of five (5) hours flight time in uninhabited areas with the 

specific UAS proposed to be used by CameraBee. Predetermined, specifically marked areas of 

 

1

 112 P.L. 95 (2012). 
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operation, sectioned off locations and the company's training, expertise, and protocols will allow 

CameraBee to operate within current safety parameters. Additional information regarding CameraBee's 

proposed operating protocols are set forth in CameraBee's Flight Operation Checklists and Motion 

Picture and Television Flight Operation Manual (both submitted separately as confidential documents 

under 14 C.F.R. §11.35(b)). 

Granting CameraBee's request will comport with the Secretary of Transportation’s (through the FAA 

Administrator) responsibilities to integrate UASs into the national airspace system, consistent with 

future "...requirements for the safe operation of such aircraft systems [UASs] in the national airspace 

system" under Section 333(c) of the Reform Act. CameraBee will conduct its operations in compliance 

with the protocols described herein or as otherwise established by the FAA.2

 

For the reasons stated below, CameraBee respectfully requests the FAA grant an exemption allowing it 

to operate lightweight, remote controlled UASs. 

1. CameraBee's Contact Information: 

CameraBee, LLC 

Attn: Derek Hammer, President 

7507 Crews Drive 

Indianapolis, IN 46226 

Tel.: (317) 546-2999 

For purposes of this exemption request, please contact: 

Faegre Baker Daniels LLP 

Attn: R. Patrick Thornberry 

600 E. 96th Street, Suite 600 

Indianapolis, IN 46240 

Tel.: (317) 569-4625 

E-Mail: r.patrick.thornberry@FaegreBD.com 

2. Specific Sections of Title 14 of the Code of Federal Regulations From Which CameraBee 

Requests Exemption: 

14 C.F.R. 21, subpart H; 

14 C.F.R. §45.23(b); 

 

2

 The FAA has proposed to amend its regulations to adopt specific rules to allow the operation of small unmanned aircraft 

systems in the National Airspace System, including changes which would address the operation of unmanned aircraft 

systems, certification of their operators, registration, and display of registration markings. 

https://www.federalregister.gov/articles/2015/02/23/2015-03544/operation-and-certification-of-small-unmanned-aircraftsystems It appears that Camera Bee’s proposed operation for which it is seeking exemption from current FAA regulations 

would be consistent with the regulatory framework proposed for new Part 107, insofar as relevant procedures and specifics of 

the proposed rules are reasonably foreseeable. 
 -3- May 5, 2015

US.56523982.03

14 C.F.R. §61.113(a) and (b); 

14 C.F.R. §91.9(b)(2); 

14 C.F.R. §91.103(b); 

14 C.F.R. §91.109; 

14 C.F.R. §91.119; 

14 C.F.R. §91.121; 

14 C.F.R. §91.151(a); 

14 C.F.R. §91.203(a) and (b); 

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. §407(a)(1); 

14 C.F.R. §409(a)(2); and 

14 C.F.R. §417(a) and (b). 

3. The Extent of Relief CameraBee Seeks and the Reason It Seeks Such Relief: 

CameraBee submits this application in accordance with §§ 331-334 of the Reform Act seeking relief 

from any currently applicable FAR's operating to prevent CameraBee's contemplated commercial 

cinematic, photographic and other flight operations within the national airspace system. Section 332 of 

the Reform Act provides for such integration of civil unmanned aircraft systems into our national 

airspace system in the public interest. CameraBee's lightweight UASs meet the standards of "small 

unmanned aircraft" as defined in Section 331(6); the integration of lightweight UASs of the type 

operated by CameraBee is expressly contemplated by the Reform Act. Importantly, client demands and 

similar plans of competitors to provide this type of service require CameraBee be able to operate its 

lightweight UASs as quickly as possible, and likely prior to FAA promulgation of final rules governing 

such operations. 

The Reform Act3

 guides the Secretary in determining the types of UASs that may operate safely in our 

national airspace system. Considerations include: 

• The weight, size, speed and overall capabilities of the UAS; 

• Whether the UAS will be operated near airports or populated areas; and 

• Whether the UAS will be operated by line of sight. 

CameraBee’s plans regarding these factors support an exemption. 

CameraBee's UASs utilize four to eight (the model intended to be used most often is the eight-propeller 

model) counter-rotating propellers for extreme balance, control and stability. Each UAS weighs less 

than 55 pounds, including cinematic or other equipment. Each of CameraBee's small unmanned aircraft 

is designed to primarily hover in place and operate at less than a 50 knot maximum speed. They are 

 

3

 §§ 333 (a) and (b). 
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US.56523982.03

capable of vertical and horizontal operations but operate only within the line of sight of the remote 

control pilot. In addition to the remote control pilot, CameraBee will use a spotter and a camera 

operator, such that, at minimum, three CameraBee personnel govern the safe flight of a CameraBee 

aircraft at all times. 

Utilizing battery power and not combustible fuels, flights generally last less than twenty minutes. 

CameraBee will not operate its UASs with less than twenty-five percent (25%) battery capacity. Safety 

systems in place include a GPS mode that allows CameraBee's UASs to return to a home safety point if 

communications are lost. 

CameraBee will not operate its UASs near airports and generally will not operate them near populated 

areas, unless such area (i) is a private set, (ii) has been sectioned off for closed-set operations, and/or 

(iii) is under the control of CameraBee clients. Accordingly, CameraBee will only operate its UASs in 

predetermined areas and only in compliance with strict safety protocols.

CameraBee's operation of its fleet of small unmanned aircraft will not "create a hazard to users of the 

national airspace system or the public."4

 Given the small size and weight of CameraBee's UASs, which 

will be operated only in closed off and well-controlled areas, CameraBee's UASs fall within Congress’s 

contemplated safety zone when it promulgated the Reform Act and the corresponding directive to 

integrate UASs into the national airspace system. CameraBee's UASs do not pose any threat to the 

general public or national security. 

4. CameraBee's Request Will Benefit the Public As A Whole: 

Granting CameraBee's exemption request furthers the public interest. Congress has pronounced through 

the Reform Act that it is in the public’s interest to integrate commercially flown UASs into the national 

airspace system. Further, the public has an interest in reducing the danger and emission associated with 

current aerial cinematic capture methods, namely, full size helicopters. CameraBee's UASs are battery 

powered and create no emissions. There is no fuel to ignite and explode if a CameraBee UAS should 

crash. The impact of CameraBee's lightweight UASs is far less than a full size helicopter. The public’s 

interest is furthered by minimizing ecological and potential crash impacts by permitting motion picture 

capture through CameraBee's lightweight UASs. 

Congress mandated the integration of UASs into our national airspace system, in part, to achieve the 

societal benefits of this developing UAS technology, with appropriate safety and related regulatory 

guidance from the FAA. Permitting CameraBee to operate its UASs is consistent with these goals. 

5. CameraBee's Exemption Will Not Adversely Affect Safety; the Exemption Will Provide a 

Level of Safety at Least Equal to Existing Rules: 

CameraBee's exemption will not adversely affect safety. Permitting CameraBee to offer aerial 

videography and photography services without the use of full size aircraft will decrease the overall risk 

 

4

 Reform Act § 333 (b) 
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to the public. CameraBee’s approach is safer and superior to current aerial motion picture capture 

techniques: 

• CameraBee's UASs weigh less than 55 pounds (including the mounted camera); 

• CameraBee will only operate its UASs below 400 feet; 

• CameraBee's UASs will only operate for flights lasting less than 20 minutes; 

• CameraBee will land its UASs when they reach 25% battery power; 

• CameraBee's remote control pilots operate CameraBee's UASs by line of sight; 

• CameraBee's remote control pilots have video backup should they somehow lose sight of the 

UAS; 

• CameraBee will staff each flight with a remote control pilot, camera operator and spotter 

with communication systems enabling real time communication among them; 

• CameraBee's UASs have GPS flight modes whereby they return to a safe home location if 

communication with the remote control pilot is lost; 

• CameraBee employs FAA licensed private pilot(s) and conducts a regimented training and 

continuing education program; 

• CameraBee will only operate in quarantined areas that are strictly controlled, and away from 

airports and populated areas; 

• CameraBee pilots will always conduct extensive preflight safety briefings with all persons who 

will be allowed in the flight operations area, which includes planning and briefings for 

contingency emergency procedures; 

• CameraBee will always obtain all necessary permissions and permits prior to operation; and, 

• CameraBee has procedures to abort flights in the event of safety breaches or potential 

danger. 

CameraBee's safety protocols provide a level of safety at least equal to existing rules, and in most 

instances, greater than existing rules. It is important to note that absent the integration of commercial 

UASs into our national airspace system, helicopters are the primary means of aerial videography and 

photography. While the safety record of such helicopters is strong, it is far safer to operate a battery 

powered lightweight UAS. First, the potential loss of life is diminished because UASs carry no people 

on board, and CameraBee only operates them in closed set operations away from mass populations. 

Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly 

diminished. Third, the small size and maneuverability of CameraBee's UASs allow the remote control 

pilots to avoid hazards. Accordingly, CameraBee's UASs will operate at or above current safety levels. 

Lastly, CameraBee's proposed operations would comply with the applicable provisions of Proposed Part 

107 to Title 14, and therefore fit within the restrictions currently contemplated by the FAA with respect 

to the commercial operation of UASs. 

6. Summary The FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates and Manuals. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement 
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US.56523982.03

of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed 

operational area of CameraBee's UASs permit exemption from Part 21 because CameraBee's UASs meet 

an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to 

exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 

(f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from 

the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. CameraBee's UASs meet or exceed each of 

the elements. 

14 C.F.R. §91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or 

passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 10700 and 32827. 

14 C.F.R. §91.121 regarding altimeter settings is inapplicable insofar as CameraBee's UASs utilize 

electronic global positioning systems and internal gyroscopes to provide spatial coordination. 

14 C.F.R. §§91.203(a) and (b) provide for the carrying of civil aircraft certifications and registrations. 

These regulations are inapplicable for the reasons described above. The equivalent level of safety will be 

achieved by maintaining such certifications and registrations at CameraBee's flight operations center. 

B. 14 C.F.R. §45.23: Marking the Aircraft. 

Applicable FARs require aircraft to be marked according to certain specifications. CameraBee's UASs 

are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to 

mark certain words or phrases. Further, two-inch lettering is difficult to place on such small aircraft. 

Regardless, CameraBee will mark its UASs in the largest possible lettering by placing the word 

"EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29(f) so that the pilot, camera 

operator, spotter and others working with the UAS will see the markings. The FAA has previously 

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

C. 14 C.F.R. §61.113: Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 C.F.R. §§61.113(a) and (b), private pilots are limited to non-commercial operations. 

CameraBee can achieve an equivalent level of safety as achieved by current Regulations because 

CameraBee's UASs do not carry any pilots or passengers. While helpful, a pilot license will not ensure 

remote control piloting skills; CameraBee's pilot training programs will. Private pilot licensees will 

operate CameraBee's UASs with the same skill. Further, the risks attendant to the operation of 

CameraBee's UASs is far less than the risk levels inherent in the commercial activities outlined in 14 

C.F.R. §61, et seq. Thus, allowing CameraBee to operate its UASs with a private pilot, who has received 

further training through CameraBee programs, as the pilot in control will exceed current safety levels in 

relation to 14 C.F.R. §§61.113(a) and (b). 
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D. 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." CameraBee is not seeking an 

exemption for night-time UAS operations. 

The battery powering CameraBee's UASs provides approximately 30 minutes of powered flight. This 

would make compliance with Section 91.151(a) impossible and render the use of UASs impractical. 

Given the limitations on the UASs flight area and the location of its proposed operations in closed off 

areas, the shortened battery reserve requirement for daylight-only operation, as described in Section 5 

above, is reasonable. 

An exemption from 14 C.F.R. §91.151(a) falls within the scope of prior exemptions. See Exemption No. 

11062 (granting Astraeus Aerial similar relief to operate UASs without compliance with this Section, 

and noting similar instances of such exemptions granted in the UAS context in Exemption Nos. 8811, 

10808, and 10673). Operating CameraBee's UASs within the pilot's visual line of sight in closed set 

operations, in which only individuals who have participated in pre-flight safety briefings are present 

does not create the type of risks that Section 91.151(a) was intended to address, especially when also 

taking into account the size, speed and maneuverability of CameraBee's UASs. An equivalent or higher 

level of safety as that sought by Section 91.151(a) can be achieved by limiting flights such that the 

battery power of the UAS does not fall below 25 percent, which would provide more than adequate 

power to return the UAS to its planned landing zone from anywhere in its limited operating area. 

E. 14 C.F.R. §91.119: Minimum Safe Altitudes. 

14 C.F.R. §91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be 

operated at lower altitudes in certain conditions. CameraBee's UASs will not operate at an altitude 

greater than 400 feet above ground level. CameraBee will also only operate its UASs in closed-off and 

controlled areas, providing a level of safety at least equivalent to those in relation to minimum safe 

altitudes. Given the size, weight, maneuverability and speed of CameraBee's UASs, an equivalent level 

of safety will be achieved. 

F. 14 C.F.R. §§91.405 (a); 407(a)(1); 409(a)(2); 417(a) and (b): Maintenance Inspections. 

The above Regulations require aircraft owners and operators to "have [the] 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. . . ." 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply 

to CameraBee should its requested exemption be granted. However, CameraBee conducts an extensive 

maintenance program that involves regular software updates and curative measures for any damaged 

hardware. Therefore, an equivalent level of safety will be achieved. 
 -8- May 5, 2015

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G. Summary 

CameraBee seeks an exemption from the following Regulations: 14 C.F.R. §21, subpart H; 14 C.F.R. 

§45.23(b); 14 C.F.R. §§61.113(a) and (b); 14 C.F.R. §91.9(b)(2); 14 C.F.R. §91.103(b); 14 C.F.R. 

§91.109; 14 C.F.R. §91.119; 14 C.F.R. §91.121; 14 C.F.R. §91.151(a); 14 C.F.R. §§91.203(a) and (b); 

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. § 91.409(a)(2); and, 

14 C.F.R. §§91.417(a) and (b), to commercially operate its fleet of UASs in motion picture, television 

and photography operations. 

Granting CameraBee's request for exemption will reduce current risk levels and thereby enhance safety. 

Currently, videography and photography image capture relies primarily on the use of larger aircraft 

running on combustible fuel. CameraBee's craft do not contain potentially explosive fuel, are smaller, 

lighter and more maneuverable than conventional aircraft used for these purposes. Further, CameraBee 

will operate at lower altitudes and in controlled airspace. 

CameraBee's UASs carry only a camera, and therefore in a UAS incident the likelihood of death or 

serious bodily injury is significantly limited. CameraBee's operation of its UASs, weighing less than 55 

pounds and traveling at speeds lower than 50 knots in closed off areas will provide at least an equivalent 

level of safety as that achieved under current FARs. 

Accordingly, CameraBee respectfully requests that the FAA grant its exemption request set forth herein. 

Respectfully submitted, 

/s/ R. Patrick Thornberry 

R. Patrick Thornberry 

RPTHORNB: 

cc: Derek Hammer 

President, CameraBee, LLC