1

December 21, 2015

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of John Sciarrino (D.B.A. Giovanni Photography) for an Exemption 

Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from 14 C.F.R. Part 21, Subpart H; 61.113(a) & 

(b); 91.119(c); 91.121; 91.151(a); 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, John Sciarrino (D.B.A. Giovanni Photography)

does hereby apply for an exemption from the Federal Aviation Regulations ("FAR's") 

identified below, to allow commercial use of small unmanned aerial systems ("sUAS") 

for the purpose of aerial photography and filmmaking under certain conditions set 

forth in the John Sciarrino (D.B.A. Giovanni Photography) confidential Flight 

Operations Manual and identical conditions set forth in the FAA-issued "Exemption 

No. 11062", and related exemptions issued to operators for closed set filming.

Also, pursuant to 14 CFR § 11.87, we request that the FAA not publish this petition

request in the Federal Register and not delay action based on the following:

1. This petition for exemption does not set precedent. Previous identical exemption 

requests have been approved.

2. The requested relief is identical to exemptions granted previously, specifically, 

Exemption(s) Nos. 11062 (Astraeus Aerial), 11066 (Aerial MOB), 11065 

(Helivideo), and others.

3. A delay in action on this petition would adversely affect pending requests for 

aerial filming operations and result in lost opportunity and wages for participating 

crew, and a delay in the public benefit of granting this petition. In addition, a

competitive advantage for unapproved commercial sUAS operators exists and 

continues to grow every day.

4. We are filing this exemption petition immediately following the finalized 

operations manual with respect to newly acquired sUAS.

Notwithstanding the request not to publish this petition request in the Federal Register, 

John Sciarrino (D.B.A. Giovanni Photography) as submitted supporting materials 

including the confidential "Flight Operations Manual" which are confidential 

documents pursuant to 14 CFR § 11.35(b) and are not available to the public.
2

Pursuant to 14 CFR § 11.87:

a) The name and address of the applicant:

John Sciarrino (D.B.A. Giovanni Photography) 

660 Tamiami Trail N.

Suite #27

Naples, Florida 34102

b) 14 C.F.R. - Regulations for which exemption is requested:

1. Part 21, Subpart H 

2. 61.113(a) and (b) 

3. 91.119(c)

4. 91.121

5. 91.151(a)

6. 91.405(a)

7. 91.407(a)(1)

8. 91.409(a)(2)

9. 91.417(a) and (b)

These regulation exemption requests are identical to the exemptions determined 

as necessary by the FAA in previously approved exemption petitions as described 

above.

c.) The extent of relief sought, and reason for seeking relief:

1. Part 21 Subpart H: Airworthiness Certificates

The FAA has determined that no exemption is required of this section if a finding 

is made under the Reform Act that the sUAS selected provides an equivalent level

of safety when compared to aircraft normally used for the same application. As 

the aircraft specified in this exemption request meet the size, weight, speed and 

other characteristics of sUAS aircraft specified in previously approved exemption 

requests as noted, no exemption is believed to be needed. If, however, an 

exemption is determined to be needed by the FAA after review of this petition, 

one is requested.

An equivalent or greater level of safety is obtained when sUAS physical and

operating characteristics, safety systems, maintenance requirements and other

operating procedures as set forth in the attached Confidential Flight Operations

Manual are adhered to.
3

2. 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in 

Command.

John Sciarrino (D.B.A. Giovanni Photography) is seeking relief from this 

regulation as the requirement for a Commercial Pilot License with a second class 

medical would be an unnecessary burden on the operator with regard to obtaining 

and certifying UA pilots.

The UAS will not carry a pilot or passengers, and the proposed operations can 

achieve the equivalent level of safety by requiring the pilot to possess a private

pilot's license only, with a valid third class medical. This level of knowledge and 

skill combined with the proposed operating procedures described in the Flight

Operations Manual (VLOS only, closed-set requirements, etc.) will more than 

4727 regard to persons or property on the ground. The additional knowledge and

skill requirements for a Commercial Pilot's license do not add any level of safety

with respect to closed-set small UAS operations in the same manner they do 

with full scale, passenger-carrying aircraft.

An equivalent or greater level of safety is achieved by requiring UA pilots to have

a minimum number of hours logged, flight sequences, knowledge and experience

testing, etc. as described in the Flight Operations Manual.

3. 91.119(c): Minimum Safe Altitudes.

John Sciarrino (D.B.A. Giovanni Photography) is seeking relief from this 

regulation as the primary purpose of the UAS operation is to provide 'low 

altitude' aerial cinematography and photography services.

This section prescribes that an aircraft may not be operated closer than 500 feet to 

any person, vessel, vehicle or structure in uncongested areas. As sUAS aircraft are

much smaller, lighter, and operate at much slower speeds than full size aircraft, 

and do not carry explosive fuel, the potential for injury and damage to persons 

and property on the ground is significantly lower in the event of an uncontrolled 

descent. In addition, with respect to participating persons on the ground, a full

safety briefing would be conducted describing flight operations, including any

risk. This is similarly done with restrictions and guidelines for full size aircraft in 

accordance with an approved Motion Picture and Television Operations Manual, 

the applicable sections of which are included in the FCAP Flight Operations 

Manual.

An equivalent or greater level of safety is obtained than when using full size

aircraft in similarly approved filming operations as the potential for injury and

damage is significantly reduced when applying size, weight and speed restrictions

on the UA. Also, the UA has built in safety features such as autoland, ability to

control with loss of an engine, etc. that full size aircraft may not have.
4

4. 91.121: Altimeter Settings

John Sciarrino (D.B.A. Giovanni Photography) is seeking relief from this 

regulation as the UA will not have a barometric altimeter.

An equivalent or greater level of safety exists as although the UA does not have a

typical barometric altimeter onboard, it does report GPS AGL altitude to the PIC

via radio telemetric feed. This is combined with the UA being operated within

visual line of sight and below 400’ AGL, and the pilot requirements to verify

AGL reading prior to liftoff (as contained in the Flight Operations Manual).

5. 91.151(a): Fuel Requirements for Flight in VFR Conditions

John Sciarrino (D.B.A. Giovanni Photography) is seeking relief from the fuel 

requirements of this FAR as current battery technology allows the UA to fly for 

approximately 15-30 minutes in normal conditions. As 91.151(a) requires a 30-

minute reserve AFTER reaching the point of intended landing, there is no 

practical flight possible under this regulation.

An equivalent or greater level of safety exists as the exact battery level remaining

is transmitted to the pilot via radio telemetry, and given that the operating area for

the UA is in close proximity to the pilot (VLOS), an unsafe condition where the

UA is unable to return for landing due to low battery condition is easily

avoidable. Additionally, should a defective battery prematurely deplete, the UA is

configured to autoland above the point at which the flight controller detects low

voltage. And, as part of the John Sciarrino (D.B.A. Giovanni Photography)

Operations Manual, it is a requirement that any flight be terminated if telemetry

is lost. Otherwise, a flight limit of 30 minutes or 25% battery remaining is

prescribed.

6-9. 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance

Inspections

John Sciarrino (D.B.A. Giovanni Photography) is seeking relief from the above 

stated FAR's as the UA will not have an airworthiness certificate. Therefore 

there is no requirement to perform an inspection in order to maintain 

airworthiness as stated in Appendix D to Part 43 for 100hr. and annual

inspections.

An equivalent or greater level of safety exists as the John Sciarrino (D.B.A. 

Giovanni Photography) Flight Operations Manual does prescribe regular 

maintenance and inspections, compliance with manufacturer's service bulletins, 

test flights after maintenance, technician training, and so forth, in the spirit of the 

scope and detail of Appendix D to Part 43. In addition, while mechanical failures 

are not out of the question, a crash resulting from a catastrophic failure has a very

small amount of risk of injury when compared to a failure in a passenger carrying 

full size aircraft, for which this regulation was intended.
5

d) Public Interest:

John Sciarrino (D.B.A. Giovanni Photography) believes that allowing 

commercial use of small-unmanned aircraft will enhance the safety of filming 

operations by reducing the risk associated with low altitude full size aircraft 

operations. A manned, turbine powered helicopter operating in close proximity to 

production personnel and actors on the ground has a far greater risk of injury than 

a small, lightweight UA carrying no combustible fuel, especially when the UA is 

operating within the parameters of the FCAP Flight Operations Manual.

Additionally, the safe integration of sUAS within the national airspace is a

growing concern amongst pilots, the FAA, and general public. This exemption 

would provide a safe stepping-stone to a more robust set of future sUAS rules.

e) Level of Safety:

As outlined in each of the FAR's above for which relief is sought (underlined).

f) Summary:

John Sciarrino (D.B.A. Giovanni Photography) seeks exemption from the 

following rules for the commercial operation of a small unmanned aerial system 

in order to conduct filming and photography operations below an altitude of 400’ 

AGL and within a limited operating area: 14 C.F.R. Part 21, Subpart H; 61.113(a) 

& (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); 

91.417(a) & (b).

This exemption will enhance the level of safety currently able to be obtained 

using full sized manned helicopters for the same type of work.

g) Additional Information:

Additionally, the sUAS aircraft specified in the attached Flight Operations Manual 

are unmodified, commercially produced aircraft by the largest consumer sUAS 

manufacturer worldwide, and have the largest user base of any sUAS, with a 

proven safety record. Size, weight, speed limitations and other operating 

restrictions are described in the attached Flight Operations Manual and are

consistent with other previously approved Section 333 exemptions for filmmaking. 

For reference, the UA specified have a gross weight of less than 55lbs and fly at a 

speed of no more than 50kts, carry neither a pilot nor a passenger, carry no 

explosive materials or flammable liquid fuels, and operate exclusively within a 

secured area as set out in the Flight Operations Manual. In addition, integrated 

safety features ensure the safety of persons and property within and surrounding 

the limited operating area by employing automatic ‘return to home and land’ in the 

event of command and control failure, and other safety features as described in the 

Flight Operations Manual.
6

The following document is included in this petition, marked as Proprietary and 

Confidential:

1. John Sciarrino (D.B.A. Giovanni Photography) Small Unmanned Aerial Systems 

Flight Operations Manual Rev. 1.0 dated 09-02-2015

2. Motion Picture & Television Operations manual Rev 1.0, dated 09/01/2015

Sincerely,

John Sciarrino 

(D.B.A. Giovanni Photography) 

660 Tamiami Trail N.

Suite #27

Naples, Florida 34102

(239) 263-2229