Gordon Bennett TELE: 1+717-571-2274

FlyingMonkey2@hotmail.com

Flashnine@msn.com

April 16, 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 CFR Part 21; 14 CFR 45.23 (b); 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b)

(2) 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & ; 

(b) 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14CFR 409 (a) (2); 14 CFR 417 (a) & (b)

Dear Sir or Madam

Pursuant to Section 333 of the FAA Modernization Reform Act of 2012 (the Reform Act) and 14 CFR Part 11,

Flying Monkey Aerial Videography , Operators of unmanned Aircraft Systems (UAS) Weighing less than Ten 

Pounds , and equipped with Cameras / video cameras for Television , Surveying Agriculture , Reality Advertising , 

Private aerial Photography of Houses , Stores , Sporting events , Wild Life , Nature Films , is hereby Applying 

for a Exemption from the Federal Aviation Regulations (FARs) To Permit Commercial Operations of Unmanned 

Aircraft Systems (UAS) ,

As long as operations are conducted under condition established by the FAA as required by section 333. 

The Requested exemption would permit the Operator to use small unmanned (UAS) , under controlled conditions in 

the NAS:

 

(1) Vehicles are Geo Fenced to a maximum altitude of (400 ft. )

(2) Vehicles are Geo Fenced to a maximum lateral Distance of (1200 ft. )

(3) Vehicles are Equipped with automatic Return to Home in case of Loss of Signal

 

NOTE: ( Geo fencing is a critical element to telematics hardware and software. It allows users of the system to 

draw zones around places of work, customer's sites and secure areas. These geo-fences when crossed by an 

equipped vehicle or person can trigger a warning to the user or operator or will deny a Vehicle from crossing 

Approval of this Exemption would enhance Safety , and fulfill the Secretary of Transportations (FAA) 

responsibilities to establish requirements for the operations of small unmanned aircraft systems Safely in the 

National Airspace 333 of the Reform Act.
 The Name and Address of the applicant is :

Flying Monkey Aerial Videography

Gordon R. Bennett

321 S. Market St.

Mechanicsburg , pa. 17055

Ph : 1+717-571-2274

E-Mail : FlyingMonkey2@hotmail.com

 flashnine@msn.com

Regulations from which exemptions are requested :

14 CFR Part 21

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14CFR 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 small UAS 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 sUAS’s size, weight, speed, and operational capability; • Operation of the sUAS in 

close proximity to airports and populated areas • Operation of the sUAS 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). 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. 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).

Flying Monkey Aerial Videography uses 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 a 

predetermined and closed off property area under the permission of the property representative .

The small size of the sUASs involved and the restricted 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 

sUASs 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 no emission

associated with allowing sUASs for movie and commercial videography 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 are conducted on 

closed off property under the permission of the property owner or property representative. These limitations and 

conditions to which Flying Monkey Aerial Videography agrees to be bound to when conducting commercial 

operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 55 lbs.

 2. Flights will be operated within line of sight of a pilot

 3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% 

battery power reserve and land under Automatic Return to Home.

 

 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

 6. sUAS Pilot will be Pilot in Command (PIC). If the PIC deems another operator to be qualified with the 

necessary skills to be PIC, that person can also be designated as PIC provided they have a minimum of 40 hours of 

flight time with the sUAS. 

 7. Flights will be operated at a lateral distance of at least 50 feet from any inhabited structures, buildings, 

vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the 

operation.

 

 8. 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 involved with the operational duties of the flight within the 

boundaries of the safety perimeter be present for this briefing.

  

 9. The operator will file an FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, 

with the appropriate local Flight Standards District Office.

 10.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. With the advanced permission of the relevant FSDO, operations at 

closer range can be approved. 

 11.The operator will file an FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, 

with the Flight Standards District Office ("FSDO").

12. Pilot will have been trained in operation of sUAS generally and received up-to-date information on the 

particular sUAS to be operated.

13. Written and/or oral permission from the relevant property holders or property representatives will be obtained. 

14. 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.   

15 If the sUAS loses communications or loses its GPS signal, the sUAS have the capability to return to a predetermined location within the Security Perimeter and land autonomously. 

16. The sUAS have the capability to abort a flight in case of unpredicted obstacles, weather, 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 sUAS. In all cases, an analysis of these criteria 

demonstrates that the sUAS 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. 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 

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 sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS 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 sUAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the 

identification of the sUAS 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 sUAS 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 no less than 40 hours of flight time with the sUAS. 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.

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 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. 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, the sUAS 

will never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is used to 

survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 100' 

above the highest point on the structure. 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 sUAS 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. 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 safety check list and live flight data 

monitoring, 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 30 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 sUAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or twilight 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, a 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 sUAS 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. 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 sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator 

will ensure that the sUAS 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.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance 

with the sUAS Manufacturer's Manual, as referenced in the Aircraft OperationsManual. As provided in the 

Operations Manual, the operator will ensure that the sUAS is in working order prior to initiating flight and perform 

required maintenance needed.

Additional Views and information

Of the applicant, Gordon R. Bennett has been involved in the building , designing of , and piloting of remote 

controlled vehicles for more than 30 years. The primary pilot, Gordon R. Bennett, has been an FAA certified pilot 

since 09/16/88 and accumulated over 350 hours of flight time in single engine aircraft.

Gordon R .Bennett has been involved in the Video production for over 20 years as a camera operator, production 

sound, editor, producer, and director.

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 television, and commercial , private videography 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.) 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. 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 but under 400 feet AGL, and in a secure environment and, as a result, are 

far safer than conventional flight operations conducted with turbine helicopters operating in close proximity to the 

ground and people.

Privacy Concerns

All flights will occur over private or controlled access property with the property representative or 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

All flights will occur in accordance with any state or local laws regarding privacy. 

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 sUAS in the television, and commercial videography industry.

Sincerely

Gordon R. Bennett Pilot / Operator

Flying Monkey Aerial Videography