Friday, February 12, 2016 

 

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Avenue SE 

Washington, DC 20590 

1. Contact Name and Information:

Mitten State Productions, LLC

Ryan Frederick, Owner

220 Ferguson St. Lansing MI 48912

Phone: (614)207-9956

Email: Ryan@mittenstateproductions.com

2. Sections of 14 CFR Requiring Exemption

 

14 C.F.R. 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b) 

3. Extent of Relief Seeked and the Reason for Relief
Mitten State Productions is writing pursuant to the FAA Modernization and Reform Act of 

2012 and the procedures contained within 14 C.F.R. 11, to request that Mitten State 

Productions, an owner and operator of small unmanned aircrafts, be exempted from the 

Federal Aviation Regulations (“FARs”) listed below so that Mitten State Productions may 

operate a small lightweight unmanned aircraft system (“UAS”) commercially in airspace 

regulated by the Federal Aviation Administration (“FAA”).

 

As described herein, Mitten State Productions is experienced in testing and flying UAS 

for recreational purposes. Mitten State Productions will be using professional grade 

quadcopter UAS (DJI Phantom 3 Professional) equipped with an internal, extremely 

high quality camera on a removable 16GB (max 64GB) micro SD card. The Phantom 3 

camera shoots full Ultra HD 4K video with 4096x2160 pixel resolution at 24/25 frames 

per second and 3840x2160 pixel resolution at 24/25/30 frames per second. The 

Phantom 3 professional is equipped for aerial videography/cinematography to enhance 

fundraising, event, scientific outreach and product launch videos for researchers at 

Michigan State University, non-profits and businesses; following exemption and 

approval by the FAA. These outlined purposes will help promote local economic growth 

and employment, Increase scientific awareness and increase fundraising potential for 

lansing area nonprofits. 

I, Ryan Frederick, have flown UASs without incident for three and a half years. With 

continued commitment to safety with each flight, Mitten State Productions’s exemption 

request would permit operation of lightweight (less than 5 lbs), unmanned (piloted by 

remote control) UAS(s) in tightly controlled and limited airspace. Mitten State 

Productions will operate the UAS in predetermined areas away from general public, 

airports, helipads and vehicular traffic and within property boundaries for fundraising, 

event scientific outreach and product launch videos. Every pilot of Mitten State 

Productions will have instilled in them safety protocols and controls in order to avoid and 

prevent public hazard or catastrophe with UAS operation. This will act to further safety 

protocols exclusive to lightweight UAS's specific to video and photography usage as 

recorded flight data and other information gained through permitted flight operations will 

be shared with the FAA through any required FAA reports to assist with future protocol 

and safety regulations.

 

Granting Mitten State Productions’s request comports with the Secretary of 

Transportation’s responsibilities and authority to not only integrate UAS's into the 

national airspace system, but to “...establish requirements for the safe operation of such 

aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the 

Reform Act. Further, Mitten State Productions will conduct operations in compliance with 

the protocols described herein or as otherwise established by the FAA.
 

For the reasons stated below, Mitten State Productions, respectfully requests the grant 

of an exemption allowing to operate light weight, remote controlled UAS’s to enhance 

fundraising, event scientific outreach and product launch videos for researchers at 

Michigan State University, non-profits and businesses who cannot afford expensive 

manned aircraft for the same purpose. Both of these will promote local economic growth 

through increased employment, increased tax base and more funding for charity and 

non-profit groups. 

 

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 rule making 

required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs 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).

 

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 UASs, 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 U.S.C. § 44711 (a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1).

 

Mitten State Productions’ UASs are rotorcraft, weighting 5 or fewer lbs. including 

payload. They operate, under normal conditions at a speed of no more than 40 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. Such operations will insure that the UASs will “not create a hazard to 

users of the national airspace system or the public” as per the Reform Act Section 333 

(b).

 

Given the small size of the UASs 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 UASs to commence immediately. Also due to the size of the 

UASs and the restricted areas in which the relevant UASs 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 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. 

4. How Request Will Benefit the Public As A Whole:

 

Aerial videography for business and non-profit use has been traditionally completed with 

manned fixed wing aircraft and helicopters. Aerial videography is cost prohibitive. Only 

large businesses and high budget film productions can afford such expenses. This 

deprives small businesses and small budget film makers from a valuable marketing/

cinematographic tool. Manned aircraft pose more of a threat to both the pilots and the 

general public due to the size and the combustible fuel held on board than do small 

UAS, which are low mass and contain no fuel.

 

Congress has already proclaimed that it is in the public’s interest to integrate 

commercially flown UAS's into the national airspace system. The multicopters proposed 

for exemption are battery powered and creates no emissions that can harm the 

environment. The consequence of a small UAS crashing is far less than a full size 

helicopter or fixed wing aircraft.

 

Permitting Mitten State Productions to immediately fly within national air space furthers 

economic growth. Granting the exemption request substantially furthers the economic 

impact for the Michigan community by providing important technological advancements 

to be incorporated into the state’s commercial business. Utilizing UAS technologies, 
Mitten State Productions will help enhance fundraising, event scientific outreach and 

product launch videos for researchers at Michigan State University, non-profits and 

businesses who cannot afford expensive manned aircraft for the same purpose. This 

will in turn help promote economic growth through employment and tax revenues.

 

 

5. Aircraft and Equivalent Level of Safety

 

Mitten State Productions 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 Mitten State Productions agrees to be bound 

when conducting commercial operations under an FAA issued exemption include:

 

1. The UAS will weigh no more than 5 lbs including payload. 

2. Flights will be operated within visual line of sight of a pilot and/or observer. 

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

be terminated at 15% battery power regardless of flight time. 

4. The UAS will not operate at a flight speed of more 100 mph, particularly because 

the maximum flight speed of the Phantom 3 is 16 m/s (~36 mph)

5. Flights will be operated at an altitude of no more than 400 feet above ground 

level. 

6. Minimum crew for each operation will consist of the UAS Pilot, known as the Pilot 

in Command (PIC), and the Visual Observer (VO). 

7. The PIC will have a minimum of 40 hours of flight time with the specified UAS 

equipment Mitten State Productions operates. The experience of the PIC will be 

certified by Mitten State Productions through background checks and, if 

necessary, testing. The PIC will also have passed the FAA Airman Knowledge 

Test for Private Pilots (Test Code: PAR or PRH). Mitten State Productions will 

maintain flight logs of all PICs it employs, and provide full transparency to the 

FAA regarding the logs and records of these PICs. 

8. Flights will be operated at a lateral distance of at least 100 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. 

9. A briefing will be conducted in regard to the planned UAS 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. 

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

the requested exemption, with the appropriate local Flight Standards District 

Office. 

11. 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. 

12.PIC and VO will have been trained in the operation of the specific UAS 

equipment used by Mitten State Productions, and received up-to-date information 

on the particular UAS to be operated. 

13.The PIC designated for any operation will have at least a Class 2 medical 

certificate. 

14.Visual Observer and PIC will at all times be able to communicate by voice, radio, 

and/or text. 

15.Written and/or oral permission from the relevant property holders or property 

representatives will be obtained. 

16.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. 

17.If the UAS loses communication with the PIC or loses its GPS signal, the UAS 

will have the capability to return to a pre-determined location within the Security 

Perimeter and land autonomously. 

18.The UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies. 

 

Mitten State Productions considers safety a foremost requirement with each flight. Our 

small unmanned aircrafts are designed to hover in place via GPS and operate in less 

than a 24 knot (15 mph) wind. For safety, stability and to avoid financial loss, we will not 

fly in winds exceeding 16 kph (10 mph). Built in safety systems include a GPS mode 

that allows our UASs to hover in place when radio controls are released. When pilot 

communication is lost, the UAS is designed slowly descend to point of take off. We will 

not operate our UAS near airports, hospitals, nor police heliports, and will not operate 

near areas where general public is within fifty to one hundred (50-100) yards depending 

on location, conditions and weather. We will be constantly on alert for any manned 

aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the 

nearest and safest ground point should a manned aircraft approach our location or we 

suspect manned aircraft may approach near our location. Our UASs are capable of 
vertical and horizontal operations, and are flown only within line of sight of the PIC. 

Utilizing battery power rather than combustible fuels, flights generally last between 

15-20 minutes, with an altitude under four hundred (400) feet.

 

 

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 UASs to be operated hereunder are 5 lbs. or less 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 UASs due to their 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

 An exemption is needed as the UAS will have no entrance to the cabin, cockpit 

or pilot station on which the word “Experimental” can be placed. Given the size of the 

UAS, two-inch lettering will be very difficult. 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 UAS 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 UAS as “Experimental”. The FAA has issued the 

following exemptions to this regulation as Exemption Numbers 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 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 no less than 40 hours of flight time with the specific UAS 

equipment Mitten State Productions operates. The experience of the PIC will be 

certified by Mitten State Productions through background checks and, if necessary, 

testing. The PIC will also have passed the FAA Airman Knowledge Test for Private Pilots 

(Test Code: PAR or PRH). Mitten State Productions will maintain flight logs of all PICs it 

employs, and provide full transparency to the FAA regarding the logs and records of 

these PICs. The PIC designated for any operation will have at least a Class 2 medical 

certificate. The risks associated with the operation of the UAS are greatly diminished 

compared to the level of risk associated with commercial operations contemplated by 

Part 61 when drafted, that allowing operations of the sUAS by a PIC meeting the 

standards of Mitten State Productions (listed above) exceeds the present level of safety 

achieved by 14 C.F.R. § 61.113 (a) & (b).

 

Unlike a conventional aircraft that carries the pilot and passengers, the UASs are 

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. Currently there are no 

pilot licenses that are specific for UAS operators, and no current FAA sanctioned pilot 

license of any type requires training with, and knowledge of, UAS equipment greater 

than the requirements Mitten State Productions uses to certify its PICs. Therefore, the 

requirement of any available FAA sanctioned pilot license to operate a UAS does not 

make a PIC a more competent operator than one meeting the requirements of Mitten 

State Productions. Our company hopes the FAA develops a new Pilot License specific 

for UAS and sUAS commercial operation, one that sets high standards on the quality of 

pilots and increases the professionalism of our emerging industry. If the FAA does this, 

Mitten State Productions's PICs will be some of the first to file for these licenses.

 

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 (summaries listed below), an equivalent level of safety will be 

provided. Summarized Safety Checklists: 

 

1. Aircraft: All adjustment points will be checked for tightness; all motors and props 

will be inspected; all wiring will be double checked; all systems will be powered 

up and checked for errors. 

2. Battery: Confirmation will be made that batteries are fully charged and installed/

connected properly. 

3. Calibration: Pre-flight motor/gyro calibration followed by confirmation of no errors 

with the flight and navigation systems. 

4. Transmitter: Confirm radio transmitter has sufficient charge, and is both working 

properly and receiving telemetry from the UAS; confirm all switches are in preflight mode. 

5. Surroundings/Flight Area: Conduct one last visual inspection of the take-off 

surroundings and area of airspace UAS will be operating in. Confirm all people in 

the surrounding areas are associated with the filming being done. 

6. Take-off Announcement: Before motors are started the PIC will announce to a 

designated Representative (person of authority) of the film crew that the UAS is 

ready to take-off. Only after the Representative has notified all persons within the 

surrounding areas, and confirmed to PIC that they have clearance to lift-off, will 

the motors be started and the UAS will conduct its operation. 

7. Test Flight: A test flight will be conducted: after any disassembly/reassembly; 

after replacement of any motors or flight electronics; after any pre-flight or in flight 

equipment errors that occur not resulting from environmental conditions; very first 

thing of any commercial operations day before filming begins; if there are any 

concerns about environmental conditions and potential issues with the flight path.

 

 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

 Section 91.9 (b) (2) provides that: 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.
given the size of the UAS the flight manual will be kept at the ground control point where 

the PIC flying the UAS 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, and 10602.

 

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 91.109 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. UASs 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 is 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. If granted exemption, our UAS will only operate at 

altitudes of 400 feet AGL and less, or not more than 200 feet above an elevated 

platform from which filming is planned. The only exception would be in circumstances 

where the UAS is used to survey or photograph a structure whose height exceeds 400 

feet AGL, wherein the UAS will not be operated more than 100 feet 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 UAS 

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 weighing more than the maximum 50 lbs. along with 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 UAS 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.” Our UAS do not have a 

barometric altimeter, but instead a GPS altitude read out. 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

 The batteries powering our UASs provide no more than 30 minutes of powered 

flight per single charge. To meet the 30 minute reserve requirement in 14 C.F.R. § 

91.151, sUAS flights would not be possible due to the reserve requirement being equal 

to the maximum flight time. Given the limitations on the UAS’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 equivalent level of safety can be achieved by limiting flights to 

20 minutes or 30% of battery power— whichever happens first. This restriction would be 

more than adequate to return the UAS 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, and 10808. 

14 C.F.R. § 91.203 (a) & (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 UAS fully loaded weighs no more than 5 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 UAS.

 

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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance and inspections 

will be done in accordance with the UAS Manufacturer's Manual, and will be performed 

by employees of Mitten State Productions following the guidelines and practices 

provided to us by the UAS Manufacturer. An equivalent level of safety will be achieved 

because these small UASs are very limited in size and operate only in restricted 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. The PIC 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 PIC 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 (50 lbs or less) in commercial videography 

operations.

 

Approval of exemptions allowing commercial operations of UASs in the film industry will 

enhance safety by reducing risk. Conventional film operations, using jet or pistonpowered 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 UASs weighing fewer than 50 lbs. and powered 

by batteries eliminates virtually all of that risk given the reduced mass and lack of 

combustible fuel carried on board. The UAS is carried to the film set. The UAS 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, weighing less than 50 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 controlled environment and, as a 

result, are far safer than conventional operations conducted with turbine helicopters 

operating in close proximity to the ground and people.

 

Additional Views and Information

 

Mitten State Productions is eager to capitalize on the emerging technological 

advancements that UAS equipment can provide to the film, television, and photography. 

It not only provides new cinematography capabilities, but also increased safety over 

current and past practices that used larger and more dangerous equipment. Our 

company wants to have the highest levels of safety and professionalism, and one thing 

essential to this is achieving a path to commercial licensing with the FAA. We believe 

this will help reduce unsafe practices, discourage improper uses, and improve public 

perception. 

 
Sincerely,

Ryan Frederick

Owner, Mitten State Productions