Justin Cummings - Lights Camera Action Cinema - 333 Petition

January 11, 2016

Page | 1 of 9

Erick F. Larsen

Consultant to 

Justin Cummings, Owner

Lights Camera Action Cinema

262 W. Linden Ave. # C

Burbank, LA, Ca 91502

818-732-0330

ErickLarsen@Outlook.com

January 11, 2016

- Via electronic filing -

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., 

SE Washington, DC 20590

Re: Request (Petition) for Exemption from Certain Regulations per Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations

Dear Madam or Sir:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, professional photographer, Justin Cummings, Owner, d/b/a Lights Camera Action 

Cinema (Cummings, Petitioner, or Operator) hereby applies for an exemption from the listed 

Federal Aviation Regulations (FARs) to allow business use (commercial operation) of his fleet of 

Unoccupied (unmanned) Aerial Systems (UAS), 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.

I. INTRODUCTION

Petitioner, Justin Cummings is a United States born citizen who has a valid California Driver’s 

License. He performs expert professional cinematography, videography, photography, graphic 

design, and business marketing services worldwide, with the following contact information:

Justin Cummings, Owner

Lights Camera Action Cinema 

1914 Chester Ave

Bakersfield Ca 93301

661-549-3749

justin@lcacinema.com

www.lcacinema.com
Justin Cummings - Lights Camera Action Cinema - 333 Petition

January 11, 2016

Page | 2 of 9

Cummings maintains a highly creative and skilled team of professional photographers whose 

commercial services include ground based and aerial photography, cinematography, graphic arts, 

and website development. Creating outstanding content, in order to preserve client milestones and 

to populate websites, business marketing materials and other media, are his forte. Cummings

produces some of the finest photography and graphics using the most advanced methods and tools 

possible.

Cummings has developed numerous diverse clients in need of safe and lawful commercial UAS 

aerial data collection (ADC) services and UAS training. Growth of petitioner’s UAS business services

will provide new jobs and an increased level of safety to many who currently are in need of UAS 

commercial services. Current FAA UAS policy prevents Petitioner from providing civil UAS

commercial services in the absence of the requested exemption. 

A. Commercial	UAS	ADC	Operations	to	Be	Conducted:

Petitioner seeks to operate his fleet of UAS to conduct UAS training and aerial data collection

(ADC) which includes any remote sensing and measuring by an instrument(s) aboard the unmanned 

aircraft (UA). Examples include imagery (photography, video, infrared, etc.), electronic 

measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate 

measurement, etc.), or any other gathering of data by instruments aboard the UA.

In particular Petitioner seeks authorization to conduct commercial UAS training and remote ADC, 

mapping, surveying, photography, filming, videography, demonstrations, sampling, measuring, and 

inspections of (or for):

1.)Construction, architectural, engineering, website development, insurance, risk management, 

security, real estate, resort, golf, cemetery, entertainment, weddings, sports, utility, energy 

(oil, gas, solar, wind, & electric), hydro (water), transportation (port, rail, truck, auto, & bus), 

mining, bridge, telecommunications, agriculture (farming, ranching, & growing) flare stack, 

platform, tower, pole, pipeline and other infrastructure, structures, sites, systems, features 

and operations; and,

2.)Recreational, commercial, governmental, Emergency Management Agencies (EMA) and 

entities; and,

3.)Environmental, scientific, archaeology, conservation, climate change, natural 

resource, wildlife, oceanographic, forestry, weather, search & rescue, emergency 

services, humanitarian relief, public & private entity support, assistance and monitoring 

of infrastructure, structures, sites, systems, features, and operations; and,

4.)Research, education, training, development, testing, certification, and validation of safe and 

lawful civil, commercial, public, experimental, hobby, and recreational UAS curriculum, 

education, and safe flight training, demonstrations, and events involving UAS design, 
Justin Cummings - Lights Camera Action Cinema - 333 Petition

January 11, 2016

Page | 3 of 9

manufacture, assembly, purchase, sale, maintenance, repair, inspection, safe operation, 

record keeping, and required FAA documentation.

Hereinafter, 1 through 4, above, referred to as petitioner’s “proposed operations or operations".

B. Petitioner’s Commercial	UAS	Aircraft	Fleet and	Operating	Documents:

Petitioner references as his operating documents, this petition and the specific manufacturer’s 

model specific aircraft documentation, including Flight Operations Manual (FOM), for each UAS in 

his fleet, listed below, which set forth safety considerations, training, general and specific operating 

procedures, specifications, inspection, maintenance, setup of the UAS, and all other required and 

recommended procedures for the proposed operations. 

DJI Inspire 1 http://www.dji.com/product/inspire-1/download

DJI Inspire 1 Pro http://store.dji.com/product/inspire-1-pro#/spec

DJI Phantom 3 Professional http://www.dji.com/product/phantom-3/download 

DJI Phantom 3 Advanced http://www.dji.com/product/phantom-3

DJI Spreading Wings S900 http://www.dji.com/product/spreading-wings-s900

DJI Spreading Wings S1000 http://www.dji.com/product/spreading-wings-s1000-plus

Freefly Systems Alta http://freeflysystems.com/alta

Each UAS in petitioner’s fleet (listed above) has previously been granted 333 authorizations by the 

FAA. Commercial operations of any other type of aircraft require a new or amended FAA 333 

petition. Each of petitioner’s UAS will be duly registered with the FAA which will assign 

registration, “N”, numbers before operations are commenced. 

C. Specific	Regulations	for	which	an	exemption	is	sought:

14 CFR 61.113 (a) 

14 CFR 91.7 (a) 

14 CFR 91.119 (b) & (c) 

14 CPR 91. 121

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1)

14 CPR 409 (a) (1) & (2)

14 CFR 417 (a) & (b)
Justin Cummings - Lights Camera Action Cinema - 333 Petition

January 11, 2016

Page | 4 of 9

II. PETITIONER’S PROPOSED OPERATIONS DO NOT CREATE SIGNIFICANT HAZARDS

Each UAS utilized by Petitioner is an electric multi-rotor craft, weighing less than 55 lbs. 

including ADC payload and has been previously approved by the FAA for commercial 

operations. Each operates at a speed of no more than 100 mph (87 knots) and has the 

capability to hover, and/or move in a vertical and horizontal plane simultaneously. Each will 

only be operated as visual line of sight (VLOS), remain under 400 ft. above ground level (AGL), 

and will operate only over private or controlled access property with permission from the 

owner/controller of the property or authorized representative.

During petitioner’s proposed operations the site will be secured and non-participants will be kept 

at least 500 feet away from the operation unless barriers or structures are present that sufficiently 

protect non-participants in the event of an accident or loss of control.

III. PETITIONER'S PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST

The FAA has issued a Grant of Exemptions to FalconSkyCam, Exemption No. 11195, Docket No FAA2014-0884 (March 6, 2015) and to Measure, a 32 Advisors Company, LLC, Exemption No. 12646,

Docket No. FAA–2015–1602 (August 28, 2015), for operations that are substantially similar to those 

proposed herein. In issuing the Grant to FalconSkyCam, the FAA noted that "[t]he enhanced safety 

and reduced environmental impact achieved using a UAS with the specifications described by the 

petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly 

greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find 

that the UAS operation enabled by this exemption is in the public interest."

IV. EQUIVALENT LEVEL OF SAFETY

Cummings proposes that his fleet of UAS, with the characteristics and as operated with the 

limitations listed below, provide for at least an equivalent or even higher level of safety to 

operations under the current regulatory framework.

These limitations and conditions to which Petitioner agrees to be bound when conducting 

commercial operations under an FAA issued exemption include:

1.) Each UAS utilized by Petitioner will weigh Less than 55 lbs, operate at a speed of no more 

than 100 mph (87 knots), and will remain under 400 ft. (AGL).

2.) Flights will be operated only during daylight hours, only in visual meteorological conditions, 

and only within visual line of sight (VLOS) of the pilot in command (PIC) of the UAS.

3.) All operations will utilize a visual observer (VO) in addition to the pilot in command (PIC).

4.) Maximum total flight time for each operational flight will be less than 45 minutes, or when 

the Low Battery warning activates.

V.EXEMPTIONS REQUESTED
Justin Cummings - Lights Camera Action Cinema - 333 Petition

January 11, 2016

Page | 5 of 9

14 C.F.R. § 61.113 (a) and (b): Private, Recreational, or Sport vs. Commercial Pilot Certificates

Sections 61.113 (a) and (b) prohibit private, recreational, or sport certified pilots from operating a 

traditional aircraft for compensation or hire. Petitioner proposes that his PIC will have at least a 

private, recreational, or sport pilot’s certificate, and a current FAA medical certificate or a valid U.S. 

driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or 

the Federal government. Petitioner’s PIC will 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. 

Petitioner will not permit any PIC to operate unless the PIC demonstratesthe ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under petitioner’s 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be 

logged in a manner consistent with 14 CFR § 61.51(b). Dedicated UAS flights for the purposes of 

training the petitioner’s PICs and VOs (training, proficiency, and experience-building) and for 

determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS 

will be operated under petitioner’s exemption, are requested by petitioner to be allowed under the 

terms of this exemption. 

PIC and VO training operations will only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for flight operations 

will be considered nonparticipants, and the PIC will operate the UA with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119.

Based upon the above and for the reasons set forth in the FAA's grant of an exemption to Astraeus 

Aerial, Petitioner does not believe a commercial pilot certificate is necessary for his proposed

operations. See, e.g., In the matter of the petition of Astraeus Aerial, Exemption No. 11062 (issued 

Sept. 25, 2014). For those reasons, Petitioner requests an exemption from 14 C.F.R. § 61.113 (a) 

and (b).

14 C.F.R. § 91.7 (a): Civil Aircraft Airworthiness

Section 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for 

airworthiness determinations on the PIC. Petitioner’s UAS will not have an airworthiness certificate, 

and there is no FAA regulatory standard for determining airworthiness of the UAS. Additionally, 

Petitioner's operating documents, including FOM, set forth inspection and maintenance procedures 

to ensure airworthiness. For these reasons, and in accordance with the FAA's grant of an 

exemption from section 91.7 to Total Safety U.S., Inc., Cummings requests an exemption from 14 

CFR. § 91.7(a). See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No. 

11156 (issued Jan. 29, 2015).

14 C.F.R. §91.119 (b) and (c): Minimum Safe Altitudes
Justin Cummings - Lights Camera Action Cinema - 333 Petition

January 11, 2016

Page | 6 of 9

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (b) prohibits 

aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. To the extent that Petitioner’s proposed operations 

would be considered to be in "congested areas," Petitioner's operating documents and procedures, 

and the size, weight and speed of each UAS in the petitioner’s fleet of UAS, provide an equivalent 

level of safety such that the proposed operations at lower safe altitudes should be allowed.

Cummings will establish a 500' buffer/sterile area for his operations that will exclude personnel not 

associated with the operations. Petitioner will also exercise additional control over the sterile area 

as needed. Consequently, Cummings believes these procedures will reduce or eliminate any 

potential adverse impacts to safety for operations in congested areas. Cummings therefore 

requests an exemption from 14 CFR § 91.119(b).

Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the 

surface, or closer than 500 feet to any person, vessel, vehicle or structure. Since this exemption is 

for UAS that fly similarly to a helicopter and requests authority to operate at altitudes up to 400 ft. 

AGL, an exemption may be needed to allow such proposed operations.

The equivalent level of safety will be achieved given the size, weight, speed of each of petitioner’s 

UAS as well as the location where they will be operated. As discussed above, petitioner will 

establish a sterile area, including safety buffers of 500 feet for personnel not associated with the 

operation. Cummings therefore requests an exemption from Section 91.119(c) for all necessary and 

authorized personnel associated with the proposed operations.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain a 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 UAS may not have a barometric altimeter, but 

instead a constant GPS altitude read out, an exemption is requested.

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."

Maximum total flight time for each of the proposed operations will be no more than approximately 

45 minutes. Flights will be safely landed when the battery falls below its nominal voltage, should 

that occur prior to completion of the operation. Each of petitioner’s UAS has a constant battery 

voltage display and a Low Voltage LED Warning which alerts when the battery reaches predetermined levels. This battery level would be more than adequate to return the UAS to its 
Justin Cummings - Lights Camera Action Cinema - 333 Petition

January 11, 2016

Page | 7 of 9

planned landing zone from anywhere in its limited operating area when the Low Voltage Warning 

alerts.

For these reasons, Cummings requests an exemption from 14 C.F.R. § 91.151 (a). Similar 

exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 

10808.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (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.

As provided in petitioner’s operating documents, the operator and the PIC will ensure that the UAS 

is in safe working order prior to initiating each flight, and the operator will perform required 

maintenance and inspections, and keep a log of any maintenance performed.

VI. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY

The Federal Aviation Administration (FAA) has issued numerous prior exemptions for many 

different types of UAS and UAS operations. In those exemptions, the agency noted that exemptions 

from certain regulations were not necessary, due to "the size, weight, speed and limited operating 

area associated with [the UAS] and its operation."

Based upon the FAA's guidance and the fact that each of petitioner’s UAS is even smaller and 

slower than many of those UAS in previously issued exemptions, Petitioner believes exemptions 

from the following regulations are not necessary:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates. 

14 C.F.R. § 45.23 (b): Marking of the Aircraft.

14 C.F.R. §91.7(b): Civil aircraft airworthiness. 

14 C.F.R. §91.109: Flight instruction.

Cummings also believes that an exemption from 14 C.F.R. § 91.103: Preflight Action is not 

necessary. This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the 

aircraft. An equivalent level of safety will be provided as set forth in this petition and in petitioner’s

operating documents duly referenced as part of this request.

The FAA has previously found that adherence to procedures contained in an applicant's operating 

documents demonstrate compliance with § 91.103, and therefore an exemption from the 

regulation was not necessary. See, e.g., In the matter of the petition of Total Safety U.S., Inc., 

Exemption No. 11156 (issued Jan. 29, 2015).
Justin Cummings - Lights Camera Action Cinema - 333 Petition

January 11, 2016

Page | 8 of 9

Petitioner's PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff clearance distances and aircraft performance data before initiation of flight to 

ensure the safety of the flight. Consequently, in light of this agency's prior finding in Total Safety 

U.S., Inc., Cummings does not believe an exemption from 14 C.F.R. § 91.103 is necessary. 

If it is determined that the petitioner does require exemptions from any of the provisions from 

which it has herein stated that it believes no exemption is required: Petitioner requests that such 

exemptions be granted upon the basis of all that it has stated in this petition and in his operating 

documents.

Petitioner has shown that good cause exists for not publishing a summary of this petition in the 

Federal Register because the requested exemption would not set a precedent, and any delay in 

acting on this petition would be detrimental to the petitioner. Accordingly, Petitioner respectfully 

requests that the FAA grant the requested exemption summarily and without delay.

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 necessary:

Petitioner seeks an exemption from the following rules:

14 C.F.R. § 61.113 (a) and (b); 91.7 (a); 91.119 (b) and (c); 91.121; 91.151 (a); 91.405 (a); 

91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct aerial data collection 

(ADC) which includes any remote sensing and measuring by an instrument(s) aboard the 

Unoccupied (Unmanned) Aircraft (UA). 

Privacy

All of the proposed operations, UAS flights, will occur only over private or controlled 

access property with permission from the owner/controller of the property or 

authorized representative. Petitioner’s proposed operations will be conducted in 

accordance with all applicable laws and regulations governing privacy at the venue of 

the flight operation.

VII. CONCLUSION

Cummings has requested to use his fleet of UAS for aerial data collection (ADC). The FAA has issued 

grants of exemption in circumstances similar in all material respects to those presented in this 

petition. In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. 

FAA−2014−0382), 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), and 12645 to Allied 

Drones (see Docket No. FAA-2014-0804), the FAA found that the enhanced safety achieved using an 

unmanned aircraft (UA) with the specifications described by the petitioner and carrying no 

passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying 

crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation 

enabled by this exemption is in the public interest.
Justin Cummings - Lights Camera Action Cinema - 333 Petition

January 11, 2016

Page | 9 of 9

Upon review of petitioner’s reasons for requesting this exemption, It should be determined that:

1.)Petitioner’s requests, in all material respects, are the same as the relief previously 

requested in Grant of Exemption Nos. 11062, 11109, 11112, 11213, and 12645;

2.)The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, 11213, 

and 12645 also apply to the situation petitioner presents; and

3.)A grant of exemption to petitioner is in the public interest.

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, Cummings

should be granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 

and 91.417(a) and (b), to the extent necessary to allow petitioner’s proposed operations. 

Satisfaction of all 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 daylight UAS 

operations within visual line of sight (VLOS) and national security - provide more than adequate 

justification to grant the requested exemptions allowing the proposed operations in the NAS by 

petitioner, Justin Cummings, Owner, d/b/a Lights Camera Action Cinema.

Respectfully,

/Signed/

Erick F. Larsen

Consultant to

Justin Cummings, Owner

Lights Camera Action Cinema

262 W. Linden Ave. # C

Burbank, LA, Ca 91502

818-732-0330

ErickLarsen@Outlook.com