From: RC Aerial Cam L.L.C. Date: March 2, 2015

To: United States Department of Transportation,

Docket Management System 1200 New Jersey Ave., 

SE West Building Ground Floor Room W12-140

Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

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

Act) and the procedures contained in 14 C.F.R. Part 11, RC Aerial Cam an owner and 

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations 

(FARs) listed below so that RC Aerial Cam may operate its small unmanned aircraft / 

lightweight unmanned aircraft systems (UAS) commercially in airspace regulated by the 

Federal Aviation Administration (“FAA”).

.

RC Aerial Cam, L.L.C hereby applies for an exemption from the Federal Aviation 

Regulations to allow commercial operation of its UASs for the purpose of capturing high 

definition (HD) feature film quality aerial cinematography.

RC Aerial Cam has been operating its lightweight UASs for several years outside the 

United States obtaining HD feature film quality aerial cinematography without incident. 

For example, RC Aerial Cam has conducted videography at an archeological research site 

in Guatemala, an expedition on Mt. Kilimanjaro in Tanzania, backcountry skiing in 

Canada, and landscapes in Dubai. 

Granting RC Aerial Cam’s request conforms with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities to not only integrate UASs into the national airspace 

system, but to “...establish requirements for the safe operation of such aircraft systems 

[UASs] in the national airspace system” under Section 333(c) of the Reform Act. Further, 

RC Aerial Cam will conduct its operations in compliance with the protocols described 

herein or as otherwise established by the FAA.

RC Aerial Cam contact information:

RC Aerial Cam L.L.C., 

1025 W. Hwy 26, 

Blackfoot, Idaho 83221

Attention: Jonas L. Marcinko / Ivan J. Marcinko 

Tel.: (208) 681-4450 / (206) 919-6205 ivan99snow@gmail.com
For the reasons stated below, RC Aerial Cam respectfully requests the grant of an 

exemption allowing it to operate lightweight, remote controlled UAS’s.

The Specific Sections of Title 14 of the Code of Federal Regulations From Which RC 

Aerial Cam requests exemption are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.103; 14 C.F. R. 

91.119; 14 C.F.R. 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 407 (a) (1); 14 

CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

UASs operated by RC Aerial Cam weigh less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can hover, 

and can simultaneously move vertically and horizontally. RC Aerial Cam will only

operate its UASs in line of sight and will operate only within the areas described in the 

RC Aerial Cam, Flight Operations and Procedures Manual (the “FOPM”). Such 

operations will insure that the UAS will “not create a hazard to users of the national 

airspace system or the public.”

Given the small size of RC Aerial Cam’s UASs and the environments within which they

will operate, RC Aerial Cam’s UAS operations adhere to the Reform Act’s safety 

requirements. Additionally, due to the size of the UASs and the limited areas in which 

they will operate, approval of this application presents no national security issues. Based 

on the substantial level of safety surrounding the proposed operations, and the significant 

public benefit (enhanced safety), reduction in environmental impacts (reduced emissions 

and noise), the granting of the requested exemption is in the public interest. Accordingly, 

RC Aerial Cam respectfully requests that the FAA grant the requested exemption.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by RC Aerial Cam provide for at least an equivalent 

or higher level of safety because operations further enhance safety of aerial videography.

As set forth in the RC Aerial Cam, Flight Operations and Procedures Manual (FOPM), 

the limitations and conditions include:

 The UASs will weigh less than 55 pounds.

 The UAS will be operated by qualified Pilot in Command (PIC).

 The PIC and Visual Observer (VO) will be able to communicate by voice at all 

times.

 Maximum flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 20 minute 

limit. (In general, RC Aerial Cam flights are from 5 to 15 minutes.)

 Flights will be operated at an altitude of no more than 400 feet AGL, and not more 

than 200 feet above an elevated platform from which filming is planned.

 Flights will be operated within visual line of sight (VLOS) of the PIC and/or VO at 

all times. The UA will 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.

 Minimum crew for each operation will consist of the UAS PIC, the VO, and the 

Camera Operator.

 The UAS Pilot will be an FAA licensed airman with at least a private pilot’s 

certificate and third class medical.

 The UAS Pilot will be the PIC. 

 A flight operations “Security Perimeter” will be established for each flight.

 All UAS flights will also be performed as identified in the FOPM in regards to 

UAS preflight inspections, maintenance, alterations, UAS manufacture’s 

requirements, and record keeping. 

 A briefing will be conducted for planned UAS operations prior to each day’s flight 

that will be attended by all personnel performing duties associated with the flight. 

 The UAS will only operate within a predetermined controlled area as defined in the 

FOPM.

 The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of 

the requested exemption, with the appropriate Flight Standards District Office 

(FSDO).

 The operator will obtain consent of all persons involved in the filming and ensure 

that only consenting persons will be allowed within 500 feet of the flight 

operation. This radius may be reduced to 30 feet based upon an equivalent level 

of safety determination, as required under the FOPM. With the advanced 

permission of the FSDO, operations at closer range can be approved.

 The operator will ensure that no nonparticipating persons are allowed within 500 

feet of the area except those consenting to be involved and necessary for the 

filming production. This provision may be reduced to no less than 200 feet if it 

would not adversely affect safety and the Administrator has approved it.

 The operator will submit a written Plan of Activities to the FSDO three days before 

the proposed shoot as required in the FOPM.

 The PIC will be trained in UAS operations and have received current information 

on the particular UAS to be operated as required by the FOPM.

 Written and/or oral permission from relevant property holders will be obtained.

 All required permission and permits will be obtained from territorial, state, county, 

or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies.

 UAS operations are limited to conducting operations for the purpose of capturing 

HD feature film quality aerial cinematography.

 If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return and land at a predetermined location within the Security 

Perimeter.

 The PIC will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in 

Command
Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because 

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

equivalent level of safety of current operations by requiring the PIC operating the aircraft 

to have a private pilot’s license rather than a commercial pilot’s license to operate a small 

UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a groundbased operator (the PIC). The operational area is controlled and restricted, and all flights 

are planned and coordinated in advance. The level of safety exceeds that provided by a 

single individual holding a commercial pilot’s certificate operating a conventional 

aircraft. The risks associated with the use of a UAS are so diminished from the level of 

risk associated with commercial operations contemplated by Part 61 allowing UAS use 

by a private pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. 

§61.113 (a) and (b).

RC Aerial Cam only operates its UASs in predetermined controlled areas and only in 

compliance with established safety protocols.

14 C.F.R. § 91.103: Preflight Action

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety 

of flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is 

requested. However, an equivalent level of safety will be provided. The PIC will take all 

actions, including reviewing weather, flight battery requirements, landing and takeoff 

distances, and aircraft performance data before commencement of flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 

provides, in pertinent part, that: “except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: .....

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.”

Because RC Aerial Cam requests authority to operate at altitudes only up to 400 feet 

AGL, and not more than 200 feet above an elevated platform from which filming is 

planned, an exemption is needed to allow such operations. The UAS will never operate 

higher than 400 feet AGL. It will also be operated in a predetermined controlled area, 

where buildings and people will not be exposed to operations.

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

UAS as well as the location where it is operated. No flight will be taken without the 

permission of property owners or local officials. Because of the advance notice to the 

property owners and participants in the filming activity, all affected individuals will be 
informed of the planned flight operations. Compared to flight operations for manned 

aircraft and the lack of flammable fuel, any risk associated with the proposed UAS 

operations is far less than conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the UAS will ensure separation between a UAS 

and conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 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 a UAS may not have a 

barometric altimeter, but instead a GPS altitude data, an exemption is needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the FOPM and 

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

indicator before flight.

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

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

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing and assuming normal cruising 

speed–(1) During the day to fly after that for at least 30 minutes . . . .”

The battery powering the RC Aerial Cam UASs provides a maximum of 30 minutes of 

powered flight. Therefore, it would not be possible to meet the 30-minute daylight 

reserve requirement in 14 CFR §91.151. Given the limitations on the UAS’s proposed 

flight area and its proposed operations within a predetermined location, a 25% battery

power reserve would provide an adequate safety factor. Furthermore, operating the UASs 

in a predetermined controlled area where only people, property owners, or official 

representatives who have signed waivers will be allowed, less than 30 minutes of reserve 

fuel does not lead to the type of risk that §91.151(a) was intended to address.

RC Aerial Cam believes that safety can be achieved by limiting flights to 20 minutes or 

25% of battery power, whichever occurs first. (In general, RC Aerial Cam flights are 

from 5 to 15 minutes.) This restriction would be more than adequate to return the UAS to 

its pre-determined landing zone from anywhere in its limited operating area.

RC Aerial Cam is not seeking an exemption for night-time UAS operations as identified 

in 14 CFR 1.1. 

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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to RC Aerial Cam operations. Maintenance will 

be accomplished by the operator. An equivalent level of safety will be achieved because 

the UASs are limited in size, will carry a small payload and operate only in 

predetermined controlled areas for limited periods of time. If mechanical issues arise, the 

UAS can land immediately and will be operating from no higher than 400 feet AGL. As 

provided in the FOPM, the operator will ensure that the UAS is in working order prior to 

flight, perform any required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the UAS and best suited to 

maintain it in an airworthy condition. 

Summary 

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:

RC Aerial Cam seeks an exemption from the following rules:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.103; 14 C.F. R. 

91.119; 14 C.F.R. 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 407 (a) (1); 14 

CFR 409 (a) (2); and, 14 CFR 417 (a) & (b) to allow commercial operation of its UASs 

for the purpose of capturing high definition (HD) feature film quality aerial 

cinematography.

As established by the UAS exemptions already granted by the FAA, allowing 

commercial operations of UASs in the film industry will enhance safety by reducing risk. 

Conventional film operations, using turbine aircraft, operate at low altitudes and present 

the risks associated with aircraft that weigh around 4,000 pounds, and which carry large 

amounts of Jet A fuel. Such aircraft must also fly to and from the film location. In 

contrast, a UAS weighing fewer than 55 pounds and powered by batteries eliminates 

virtually all of that risk given the small size and lack of combustible fuel. The UAS is 

carried, and not flown, to a film location. In this regard, the UAS carries no passengers or 

crew and, therefore, will not expose them to the risks associated with manned flights.

The operation of UASs conducted in the strict conditions outlined in our FOPM will 

provide an equivalent level of safety supporting the grant of the exemption requested 

herein. The UASs operate at slow speeds, close to the ground, and in a controlled 

environment. As a result, they are far safer than conventional operations conducted with 

turbine helicopters flying near the ground and people.
Privacy

All flights will occur over private or predetermined controlled access areas with the 

property owner’s prior consent and knowledge. Filming will be only of people who have 

given their consent or otherwise have agreed to be in the area where filming will take 

place. 

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 to grant RC Aerial Cam requested exemption, allowing for RC Aerial Cam’s 

UAS commercial operations pursuant to the FOPM included herewith.

If you have any questions or need any additional information, please contact me at any 

time at (208) 681-4450 or at jonasmarcinko@gmail.com.

Sincerely yours,

Jonas L. Marcinko, Owner RC Aerial Cam L.L.C.