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U.S. Department of Transportation, Docket. Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE., Washington, DC 20590

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

Aviation Regulations from 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, Glass Eye Productions, a videography and video-production 

for the agricultural industry and film production industry, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial 

operation of its Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial 

photography, 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 to relatively remote agricultural areas; 2) predetermined; 3) 

controlled as to access; and 4) would provide safety, environmental and fuel usage 

enhancements to the already safe operations of conventional aircraft that otherwise 

may be used in filming agricultural operations.

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. 

BACKGROUND

Glass Eye Productions is a professional videography and video-production company. It 

primarily utilizes tripod mounted cameras, hand held cameras and small mounted 

cameras for its videography work. However, because of the nature of its work in the 

agricultural industry, particularly in working with farming equipment, it proposes to utilize 
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sUAV’s as an enhancement to its services. To show farming equipment in operation, 

the locations of the actual videography are remote rural areas. sUAV’s are well suited 

for this type of operation because that are light and easy to get in and out of remote 

areas, are battery powered and do not require flammable fuels or any kind, and operate 

at low altitudes and low speeds. Applicant will be working with agricultural 

manufacturers to conduct research and product development. The results of the 

research will improve agricultural efficiency and lower the environmental impact of 

agricultural operations, including preserving the quality of air and water.

Glass Eye Productions utilizes DJI Inspire 1’s for as it’s sUAV’s. These craft employ the 

latest safety features, weigh less than 7 pounds, and are programmed not to exceed the 

FFA’s proposed guidelines regarding drone operations. These sUAV’s do not carry 

cargos or products. The camera used for video imaging is integral to the sUAV. 

Among the safety features of the sUAV is a fail-safe return to home system such that if 

a specified battery level is reached or the controller signal is lost, the sUAV 

automatically returns to its home starting position by use of GPS navigation. 

The sUAV operator, Trent Noller, has over 2 years of experience with sUAV’s and over 

400 hours of flight time with no incidences of endangering public safety or property or 

creating any hazard to the national airspace. He has accumulated this experience as a 

hobby/recreational drone operator. He has also worked to become familiar with the 

methods and practices for safe drone operation in rural environments. In addition, Mr. 

Noller has completed a basic UAV course offered by National Drone School.

The name and address of the applicant is: Glass Eye Productions LLC, Trent Noller, 

Ph:714-256-9482 Email:trent@glasseyeprods.com Address: 201 N. Brea Blvd, Suite B

Brea, Ca, 92821.

The conditions proposed by the applicant are drawn from Exemption No. 11138, In the 

matter of the petition of DOUGLAS TRUDEAU, REALTOR, Regulatory Docket No. FAA2014-0481 and from the Notice of Proposed Rulemaking, FAA Docket Number FAA2015-0150.

Regulations from which the exemption is requested: 

14 CFR Part 21 

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 
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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 sUASs 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)2 . 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. 

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 sUAS, 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). 
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Glass Eye Productions LLC’s sUAS’s are rotorcraft, weighting 7 or fewer pounds, 

including payload. They are battery powered and have a maximum flight time of 18 

minutes under ideal conditions. 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 in 

rural agricultural settings.

Such operations will insure that the sUAS will “not create a hazard to users of the 

national airspace system or the public.”

Given the small size of the sUASs involved and the remote 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 sUASs to commence immediately. 

Also due to the size of the UASs and the remote 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 filming operations, in addition to the importance research in regards 

to limiting agricultural pollution and improving agricultural efficiency, 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. 

Petitioner’s Proposed Flight Guidelines

1) Operations authorized by this grant of exemption will be limited to the following 

aircraft described in the operating documents which is a quad-rotor aircraft weighing 

less than 7 pounds: DJI Inspire 1 Unmanned Aircraft System. Proposed operations of

any other aircraft will require a new petition or a petition to amend this grant. 

2) The UA may not be flown at an indicated airspeed exceeding 30 knots. 

3) The UA must be operated at an altitude of no more than 200 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents. All

altitudes reported to ATC must be in feet AGL. 

4) The UA must be operated within visual line of sight (VLOS) of the Pilot In Command

(PIC) at all times. This requires the PIC to be able to use human vision unaided by any

device other than corrective lenses. 

5) All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the VO at all times. The VO may be used to satisfy
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the VLOS requirement as long as the PIC always maintains VLOS capability. The VO

and PIC must be able to communicate verbally at all times. The PIC must be

designated before the flight and cannot transfer his or her designation for the duration

of the flight. The PIC must ensure that the VO can perform the functions prescribed in

the operating documents. 

6) The operating documents and this grant of exemption must be accessible during 

UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations in this exemption and the procedures

outlined in the operating documents, the conditions and limitations herein take

precedence and must be followed. Otherwise, the operator must follow the procedures

as outlined in its operating documents. The operator may update or revise its

operating documents. It is the operator’s responsibility to track such revisions and

present updated and revised documents to the Administrator upon request. The

operator must also present updated and revised documents if he petitions for extension

or amendment to this grant of exemption. If the operator determines that any update or

revision would affect the basis upon which the FAA granted this exemption, then the

operator must petition for amendment to its grant of exemption. The FAA’s UAS

Integration Office (AFS-80) may be contacted if questions arise regarding updates or

revisions to the operating documents. 

7) Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the 

UAS, the UAS is prohibited from operating until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. The Ground

Control Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a

functional test flight. The PIC who conducts the functional test flight must make an

entry in the aircraft records. 

9) The pre-flight inspection section in the operating documents must account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in

the relevant sections of the operating documents. 

10) The operator must follow the UAS manufacturer’s aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements. 

11) The operator must carry out its maintenance, inspections, and record keeping 
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requirements, in accordance with the operating documents. Maintenance, inspection,

and alterations must be noted in the aircraft records, including total flight hours,

description of work accomplished, and the signature of the authorized person returning

the UAS to service. 

12) Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

13) The authorized person must make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections. 

14) UAS operations must be conducted by a PIC possessing at least a private pilot 

certificate and at least a current third-class medical certificate. The PIC must also meet

the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the

PIC is rated on his or her pilot certificate. 

15) Prior to operations conducted for the purpose of aerial videography/cinematography

and augmenting real estate listing videos (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of

25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a

UAS pilot with a multi-rotor UAS. Prior documented flight experience that was

obtained in compliance with applicable regulations may satisfy this requirement.

Training, proficiency, and experience-building flights can also be conducted under

this grant of exemption to accomplish the required flight time. However, said

training operations may only be conducted during dedicated training sessions. During

training, proficiency, and experience-building flights the PIC is required to operate 

the UA with appropriate distances in accordance with 14 CFR 91.119. 

16) Prior to operations conducted for the purpose of aerial videography/cinematography 

and augmenting real estate listing videos (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of

5 hours as UAS pilot operating the make and model of the UAS to be used in

operations under the exemption; 5 hours make and model time may be included in the

10 hours of multi-rotor time prescribed above. The PIC must accomplish 3 take-offs

and landings in the preceding 90 days (for currency purposes). Training, proficiency,

experience-building, and take-off and landing currency flights can be conducted

under this grant of exemption to accomplish the required flight time and 90 day 

currency. However, said training operations may only be conducted during dedicated

training sessions. During training, proficiency, and experience-building flights the PIC is 

required to operate the UA with appropriate distances in accordance with 14 CFR 

91.119. 
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17) The operator may not permit the PIC to operate the UAS for the purpose of aerial 

videography/cinematography and augmenting real estate listing videos (or similar

operations), unless the PIC has demonstrated and logged in a manner consistent with

14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with

how the UAS will be operated under this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures. 

18) UAS operations may not be conducted during night, as defined in 14 CFR 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). 

19) The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart. 

20) The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

21) If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in

accordance with the operating documents. 

22) The PIC must abort the flight in the event of unpredicted obstacles or emergencies 

in accordance with the operating documents.

23) The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough power to fly at normal cruising speed to the

intended landing point and land the UA with 30% battery power remaining. 

24) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under this grant of

exemption. This COA will also require the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the

operation. 

25) All aircraft operated in accordance with this exemption must be identified by 

number, registered in accordance with 14 CFR part 47, and have identification 

(NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable.

26) Before conducting operations, the radio frequency spectrum used for operation and
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control of the UA must comply with the Federal Communications Commission (FCC)

or other appropriate government oversight agency requirements.

27) The documents required under 14 CFR 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the UAS is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request. 

28) The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

29) The UAS may not be operated by the PIC from any moving device or vehicle.

30) The UAS may be operated only over unpopulated agricultural areas. 

31) Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If a

situation arises where nonparticipating persons leave such protection and are

within 500 feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission

and the PIC has made a safety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not

present an undue hazard to those persons per § 91.119(a).

32) All operations shall be conducted over private or controlled-access property with

permission from the land owner/controller or authorized representative. Permission

from land owner/controller or authorized representative will be obtained for each

flight to be conducted.

33) Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported

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

reported to the National Transportation Safety Board (NTSB) per instructions
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contained on the NTSB Web site: www.ntsb.gov.

REQUESTED EXEMPTIONS

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 7 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no property, carries no explosive materials or flammable liquid fuels, 

and operates exclusively within a remote secured area. Unlike other civil aircraft, 

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

operator 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 sUAS, 

due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry any internal or external load. 

14 CFR Part 61: Airman Certificates. These regulations require the PIC to have an 

airman certificate. However, the FAA has acknowledged that many of the 

requirements for private and commercial pilots are not necessary for the 

operation of sUAS’s. Notice of Proposed Rulemaking, Docket No. FAA-2015-150, 

Notice No. 15-01 at 96. The FAA specifically stated:

The FAA considered proposing to require an individual to obtain a 

commercial pilot certificate with a UAS type endorsement before operating 

a small UAS. Issuance of such a certificate would require that the 

applicant obtain a Class II airman medical certificate, pass an aeronautical 
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knowledge test, and demonstrate flight proficiency and aeronautical 

experience with a certificated flight instructor. However, given the lower 

level of public risk posed by small UAS operations, the FAA decided that 

imposing such requirements would be unduly burdensome to small UAS 

operators. ... [T]he FAA believes that the training, testing, proficiency and 

experience requirements for obtaining a commercial pilot license have 

limited relevance to the nature of small UAS operations...

Id. at 97.

An equivalent level of safety is provided by the very nature of the operations 

proposed herein. The activity of the sUAS is to be limited to videography of agricultural 

operations that are conducted in remote rural areas. The areas in which the 

videography is to be performed are by their very nature far distant from any commercial 

or private flight operations and from any buildings or other structures that can be 

damaged by the sUAS activity.

The sUAS applicant proposes to utilize meets the criteria of Public Law 112-95, 

Sec. 336, which defines a model aircraft for the purposes of the regulations with the 

exception of the criteria that the sUAS is to be used as an aid to commercial

videography of agricultural operations. In other words, were applicant to operate the 

sUAS for purely recreational purposes, he would not be required to obtain any airman 

certificate. The subject sUAS does not carry any passengers, cargo or any other 

property. The operations proposed herein are, indeed, conducted with greater safety 

than the hundreds, if not thousands, of sUAV’s flow daily by hobbyists over populated 

urban areas is proximity to major airports. 

Furthermore, Applicant has not been engaged to operate an sUAS. He has been 

engaged to film agricultural operations. The operation of an sUAS is only ancillary to 

that engagement.

Finally, Applicant has completed a day long instructional course offered by the 

sUAS manufacturer on the safe operation of the sUAS.

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 its User Guide for maintenance and use of 

safety check lists prior to each flight, 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 
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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, 32827,10700 and 11138.

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. 

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. sUAS’s 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.11138, 5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot, cargo 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 200 AGL, As set forth herein, except for the limited conditions stated in 

the User Manual, the sUAS will never operate at higher than 200 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. In fact, Petitioner 

proposes to operate the sUAS only in remote rural areas to assist in filming agricultural 

operations.

The equivalent level of safety will be achieved given the size, weight, speed of the 

sUAS as well as the location where it is operated. No flight will be taken without the 
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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. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the maximum 7lbs. 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) 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)); Exemption 11138 allowing Douglas 

Trudeau to operate without compliance with CFR §91.151(a). Operating the small UAS, 

in a tightly controlled area rural area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 18 minutes of 

maximum flight time, 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. Applicant believes that 

an equivalent level of safety can be achieved by limiting flights to 25% of battery power. 

Furthermore, the sUAS is equipped with a failsafe low battery return to home feature. If 

the operator does not take action within 10 seconds of the activation of the low battery 

indicator, the sUAS will automatically return to home. 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, 10808 and 11138. 

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 
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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 7 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, 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. An equivalent 

level of safety will be achieved because these small UASs are very limited in size and 

operate only in restricted rural areas for limited periods of time. If mechanical issues 

arise the UAS can land immediately and will be operating from no higher than 200 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 
Page 14 of 15

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. 

In support of this application, Applicant is enclosing the following documents that are 

incorporated by reference herein as if fully set forth;

Exhibit A: DJI Inspire 1 User Manual

Exhibit B: DJI Inspire 1 Maintenance Manual

Exhibit C DJI Inspire 1 Safety Guidelines

For the reasons set forth herein, Applicant submits that the requested exemptions 

should be granted.

Respectfully Submitted:
Page 15 of 15

 

Trent Noller

Glass Eye Productions LLC

201 N. Brea Blvd, Suite B

Brea, CA 92821

714-256-9482

E-Mail: Trent@glasseyeprods.com