Alexander	Mandiola

T:	(305)496-2654	alexmandiola@gmail.com

April	1,	2015

U.	S.	Department	of	Transportation	Docket	Management	System

1200	New	Jersey	Ave.,	SE	Washington,	DC	20590

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

Federal	Aviation	Regulations	from	14	C.F.R.	45.23(b);14	CFR	Part	21;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);91.417	(a)	

&	(b).

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,	Alexander	Mandiola,	developer	and	

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

aerial	photography	for	the	motion	picture	and	television	industry	for	scripted	

closed	set	filming,	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	

333.1

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	film	and	television	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:

Alexander	Mandiola

Ph:(305)496-2654

Email:	Alexmandiola@gmail.com

Address:	55	ocean	lane	drive	#4020	Key	biscayne,	FL	33149

1	The	conditions	proposed	by	the	applicant	are	drawn	from	Order	8900.1	CHG	

0,	Volume	3,	Chapter	8-Issue	a	Certificate	of	Waiver	for	Motion	Picture	and	

Television	Filming.

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	2	operation	of	such	aircraft	in	the	national

airspace	system.”	Id.	§333(c)	(emphasis	added)	.

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.

2	Applicant	interprets	this	provision	to	place	the	duty	on	the	Administrator	to	

not	only	process	applications	for	exemptions	under	section	333, but	for	the	

Administrator	to	craft	conditions	for	the	safe	operation	of	the	UAS,	if	it	should	

be	determined	that	the	conditions	set	forth	herein	do	not	fulfill	the	statutory	

requirements	for	approval.

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.	§44701(f)	See	also	49	USC	§44711(a);	49	USC	

§44704;	14	CFR §91.203	(a)	(1).

Alexander	Mandiola	sUASs	are	rotorcraft,	weighting	55	or	fewer	lbs.	including	

payload.	They	operate,	under	normal	conditions	at	a	speed	of	no	more	than	50	

knots	and	have	the	capability	to	hover,	and	move	in	the	vertical	and	

horizontal	plane	simultaneously.	They	will	operate	only	in	line	of	sight	and	
will	operate	only	within	the	sterile	area	described	in	the	Confidential	Motion	

Picture	and	Television	Operations	Manual,	attached	as	Exhibit	1	(hereinafter	

“the	Manual”)3.	Such	operations	will	insure	that	the	sUAS	will	“not	create	a	

hazard	to	users	of	the	national	airspace	system	or	the	public.”4

Given	the	small	size	of	the	sUASs	involved	and	the	restricted	sterile	

environment	within	which	they	will	operate,	the	applicant	falls	squarely	

within	that	zone	of	safety	(an	equivalent	level	of	safety)	in	which	Congress	

envisioned	that	the	FAA	must,	by	exemption,	allow	commercial	operations	of	

UASs	to	commence	immediately.	Also	due	to	the	size	of	the	UASs	and	the	

restricted	areas	in	which	the	relevant	sUASs	will	operate,	approval	of	the	

application	presents	no	national	security	issue.	Given	the	clear	direction	in	

Section	333	of	the	Reform	Act,	the	authority	contained	in	the	Federal	Aviation	

Act,	as	amended;	the	strong	equivalent	level	of	safety	surrounding	the	

proposed	operations,	and	the	significant	public	benefit,	including	enhanced	

safety,	reduction	in	environmental	impacts,	including	reduced	emissions	

associated	with	allowing	UASs	for	movie	and	television	operations,	the	grant	

of	the	requested	exemptions	is	in	the	public	interest.	Accordingly,	the	

applicant	respectfully	requests	that	the	FAA	grant	the	requested	exemption	

without	delay.

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	with	the	limitations	

listed	herein.	These	limitations	provide	for	at	least	an	equivalent	or	even	

higher	level	of	safety	to	operations	under	the	current	regulatory	structure	

because	the	proposed	operations	represent	a	safety	enhancement	to	the	

already	safe	movie	and	television	filming	operations	conducted	with	

conventional	aircraft.

These	limitations	and	conditions	to	which	Alexander	Mandiola	agrees	to	be	

bound	when	conducting	commercial	operations	under	an	FAA	issued	

exemption	include:

3	The	Motion	Picture	Association	of	America	has	reviewed	this	manual	and	

has	found	it	to	be	acceptable	for	sUAS	filming	operations	for	the	television	and	

movie	industry.	Applicant	submits	this	manual	as	a	Confidential	document

under	14	CFR	11.35	(b)	as	the	entire	manual	contains	proprietary	information	

that	the	applicant	has	not	and	will	not	share	with	others.	The	manual	contains	

operating	conditions	and	procedures	that	are	not	available	to	the	public	and	

are	protected	from	release	under	the	Freedom	of	Information	Act	5	USC	552	

et.seq.

4	Reform	Act	Section	333	(b).

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	filming	is	planned.

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

Observer,

and	the	Camera	Operator.

6.	sUAS	pilot	will	be	an	FAA	licensed	airman	with	at	least	a	private	pilot’s	

certificate	and

third	class	medical.	The	observer	will	hold	at	least	a	third	class	medical.

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

than	the

sUAS	Pilot,	who	possess	the	necessary	PIC	qualifications,	is	also	present	on	set	

(i.e.

the	Aerial	Coordinator),	that	person	can	also	be	designated	as	PIC.

8.	The	UAS	will	only	operate	within	a	confined	“Sterile	Area”	as	defined	in	the	

Manual.	Section	H,	I	and	J	of	the	Manual	requires	the	establishment	of	a	

“Security	Perimeter”

for	the	flight	operations	area.

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

to	each

day’s	production	activities.	It	will	be	mandatory	that	all	personnel	who	will	be	

performing	duties	within	the	boundaries	of	the	safety	perimeter	be	present	

for	this	briefing.

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

light	of	the	requested	exemption,	with	the	appropriate	Flight	Standards	

District	Office.

11.	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	30	feet	based	upon	an	

equivalent	level	of	safety	determination,	as	required	by	Section	K	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	shoot	as	required	in	Section	K	of	the	Manual.

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

and	received	up-to-date	information	on	the	particular	UAS	to	be	operated	as	

required	Sections	M	and	N	of	the	Manual.

14.	Observer	and	pilot	will	at	all	times	be	able	to	communicate	by	voice	

and/or	text.

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

capability	to	return	to	a	pre-determined	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,	pursuant	to	the	

Manual’s	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	filming.	The	FAA	will	have	advance	notice	of	

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

aircraft	operated	in	connection	with	motion	picture	and	television	

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	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	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	UAS	will	have	no	airworthiness	certificate,	an	exemption	may	

be	needed	as	the	UAS	will	have	no	entrance	to	the	cabin,	cockpit	or	pilot	

station	on	which	the	word

“Experimental”	can	be	placed.	Given	the	size	of	the	sUAV,	two-inch	lettering	

will	be	impossible.	The	word	“Experimental”	will	be	placed	on	the	fuselage	in	

compliance	with	§45.29	(f).

The	equivalent	level	of	safety	will	be	provided	by	having	the	sUAV	marked	on	

its	fuselage	as	required	by	§45.29	(f)	where	the	pilot,	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	C.F.R.	§	61.113	(a)	&	(b):	Private	Pilot	Privileges	and	Limitations:	Pilot	in	

Command.

Sections	61.113	(a)	&	(b)	limit	private	pilots	to	non-commercial	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	a	private	pilot’s	license	rather	than	a	

commercial	pilot’s	license	to	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	with	a	private	pilot	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	

check	lists	prior	to	each	flight,	as	set	forth	in	Sections	J,	L	and	Q,	an	equivalent	

level	of	safety	will	be	provided.

14	C.F.R.	§	91.9	(b)	(2):	Civil	Aircraft	Flight	Manual	in	the	Aircraft.

Section	91.9	(b)	(2)	provides:

No	person	may	operate	a	U.S.-registered	civil	aircraft	...
(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	J	and	K	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	filming	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	security	perimeter,	where	buildings	and	

people	will	not	be	exposed	to	operations	without	their	pre-obtained	consent.
The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	speed	of	

the	UAS	as	well	as	the	location	where	it	is	operated.	No	flight	will	be taken	

without	the	permission	of	the	property	owner	or	local	officials.	Because	of	the	

advance	notice	to	the	property	owner	and	participants	in	the	filming	activity,	

all	affected	individuals	will	be	aware	of	the	planned	flight	operations	as	set	

forth	in	Section	K	of	the	Manual.	Compared	to	flight	operations	with	aircraft	or	

rotorcraft	weighting	far	more	than	the	maximum	55lbs.	proposed	herein	and	

the	lack	of	flammable	fuel,	any	risk	associated	with	these	operations	is	far	less	

than	those	presently	presented with	conventional	aircraft	operating	at	or	

below	500	AGL	in	the	movie	industry.	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	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	

Check	list,	confirming	the	altitude	of	the	launch	site	shown	on	the	GPS	altitude	

indicator	before	flight.

14	C.F.R.	§	91.151(a):	Fuel	Requirements	for	Flight	in	VFR	Conditions

Section	91.151	(a)	prohibits	an	individual	from	beginning	“a	flight	in	an	

airplane	under	VFR	conditions	unless	(considering	wind	and	forecast	weather	

conditions)	there	is	enough	fuel	to	fly	to	the	first	point	of	intended	landing,	

and,	assuming	normal	cruising	speed	– (1)	During	the	day,	to	fly	after	that	for	

at	least	30	minutes;	or	(2)	At	night,	to	fly	after	that	for	at	least	45	minutes.”

The	battery	powering	the	sUAS	provides	approximately	40	minutes	of	

powered	flight.	To	meet	the	30	minute	reserve	requirement	in	14	CFR	

§91.151,	sUAS	flights	would	be	limited	to	approximately	10	minutes	in	length.	

Given	the	limitations	on	the	UAS’s	proposed	flight	area	and	the	location	of	its	

proposed	operations	within	a	predetermined	area,	a	longer	time	frame	for	

flight	in	daylight	or	night	VFR	conditions	is	reasonable.

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	10	minutes	would	greatly	

reduce	the	utility	for	which	the	exemption	will	be	granted.

Applicant	believes	that	an	equivalent	level	of	safety	can	be	achieved	by	

limiting	flights	to	30	minutes	or	25%	of	battery	power	whichever	happens	

first.	This	restriction	would	be	more	than	adequate	to	return	the	sUAS	to	its	

planned	landing	zone	from	anywhere	in	its	limited	operating	area.
Similar	exemptions	have	been	granted	to	other	operations,	including	

Exemptions	2689F,	5745,	10673,	and	10808.

14	C.F.R.	§91.203	(a)	and	(b):	Carrying	Civil	Aircraft	Certification	and	

Registration

The	regulation	provides	in	pertinent	part:

(a)	Except	as	provided	in	§	91.715,	no	person	may	operate	a	civil	aircraft	

unless	it	has	within	it	the	following:

(1)	An	appropriate	and	current	airworthiness	certificate.	.	.	.

(b)	No	person	may	operate	a	civil	aircraft	unless	the	airworthiness	certificate	

required	by	paragraph	(a)	of	this	section	or	a	special	flight	authorization	

issued	under	§91.715	is	displayed	at	the	cabin	or	cockpit	entrance	so	that	it	is	

legible	to	passengers	or	crew.

The	UAS	fully	loaded	weighs	no	more	than	55	lbs	and	is	operated	without	an	

onboard	pilot.	As	such,	there	is	no	ability	or	place	to	carry	certification	and	

registration	documents	or	to	display	them	on	the	sUAS.

An	equivalent	level	of	safety	will	be	achieved	by	keeping	these	documents	at	

the	ground	control	point	where	the	pilot	flying	the	sUAS	will	have	immediate	

access	to	them,	to	the	extent	they	are	applicable	to	the	sUAS.	The	FAA	has	

issued	numerous	exemptions	to	this	regulation.	A	representative	sample	of	

other	exceptions	includes	Exemption	Nos.	9565,	9665,	9789,	9789A,	9797,	

9797A,	9816A,	and	10700.

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

Inspections

These	regulations	require	that	an	aircraft	operator	or	owner	“shall	have	that	

aircraft	inspected	as	prescribed	in	subpart	E	of	this	part	and	shall	between	

required	inspections,	except	as	provided	in	paragraph	(c)	of	this	section,	have	

discrepancies	repaired	as	prescribed	in	part	43	of	this	chapter...,”	and	others	

shall	inspect	or	maintain	the	aircraft	in	compliance	with	Part	43.

Given	that	these	section	and	Part	43	apply	only	to	aircraft	with	an	

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

Maintenance	will	be	accomplished	by	the	operator	pursuant	to	the	flight	

manual	and	operating	handbook	as	referenced	in	the	Manual.(See	Sections	L	

and	Q)	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	(55lbs	or	less)	in	

motion	picture	and	television	operations.

Approval	of	exemptions	allowing	commercial	operations	of	sUASs	in	the	film	

industry	will	enhance	safety	by	reducing	risk.	Conventional	film	operations,	

using	jet	or	piston	power	aircraft,	operate	at	extremely	low	altitudes	just	feet	

from	the	subject	being	filmed	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	(140	

gallons	for	jet	helicopters	shown	below).	Such	aircraft	must	fly	to	and	from	the	

film	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	film	set	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,	weighting	less	than	55	lbs.,	conducted	in	the	

strict	conditions	outlined	above,	will	provide	an	equivalent	level	of safety	

supporting	the	grant	of	the	exemptions	requested	herein,	including	exempting	

the	applicant	from	the	requirements	of	Part	21	and	allowing	commercial	

operations.	These	lightweight	aircraft	operate	at	slow	speeds,	close	to	the	

ground,	and	in	a	sterile environment	and,	as	a	result,	are	far	safer	than	

conventional	operations	conducted	with	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.	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.

Set	forth	below	are	pictures	of	aerial	filming	conducted	in	both	day	and	night	

environment,	as	flown	today	in	highly	populated	and/or	urban	areas,	with	

turbine	powered	helicopters.	The	grant	of	this	exemption	request	will	provide	

improved	safety	in	both	day	and	night	operations.

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	motion	

picture	and	television	industry	pursuant	to	the	Manual	appended	hereto.

Sincerely,

Alexander	Mandiola