### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter ofthe petition of Cine-Air LLC/Baur Films, 

### for an exemption from§§ 61.113(a)(b); 91.7(a); 91.9(b); 91.109; 119.121; 91.151(a); 91.405(a); 91.407(a)(l); 91.409(a)(2); 91.417(a)(b) of Title 14, Code ofFederal Regulations. Exemption 

### No. 17278 Regulatory Docket No. FAA-2015-6499

DENIAL OF EXEMPTION 

### By letter dated September 14, 2015\ Cine-Air LLC/Baur Films, 25876 The Old Road #174, StevensonRanch, CA 91381, petitioned the Federal Aviation Administration (FAA) for an exemption from§§ 61.113(a)(b); 91.7(a); 91.9(b); 91.109; 119.121; 91.151(a); 91.405(a); 91.407(a)(l); 91.409(a)(2); 91.417(a)(b) ofTitle 14, Code ofFederal Regulations. The petitioner requested to operate the DJI S800, DJI F550 Flame Wheel, Align T-Rex 700, MikroKopter Joker 800, DJI Inspire, DJI Phantom 3, and FreeFly ALTA UAS for aerial photography and videography. The petitioner additionally requested to be granted allowance for operations outside the United States for the above reasons. The petitioner supports its requestwith the following information: 

### The original petition for exemption describing the proposed operation and the regulations from which the petitioner seeks exemption is posted to the docket. To view the petition, visit http://www.regulations.gov, enter the regulatory docket number found on the first page ofthis document into the search box and click "Search," then click on the "OpenDocket Folder" link next to a result associated with the docket number. The petition requested authorization to conduct aerial photography and videography within and outside the United States

.

1 The FAA sent Cine-Air LLC/BaurFilms a Request for Information (RFI) on September 2, 2016

. In part, the RFI noted the petitioner's request to conduct operations outside ofthe United States. The FAA requested confirmation ofintent to pursue operations outside ofthe United States as a comment to the docket at www.regulations.gov. On September 6, 2016, the petitioner posted confirmation of his request to operate outside ofthe United States.2 

### The FAA's analysis is as follows: Article 8 ofthe Convention on International Civil Aviation specifies no unmanned aircraft ''shallbe flown without a pilot overthe territory ofa contracting State without special authorization by that State and in accordance with the terms ofsuch authorization.'' Article 8 also calls on States to undertake ''to insure that the flight ofsuch aircraft without a pilot in regions opento civil aircraft shall be so controlled as to obviate danger to civil aircraft.'' The FAA has considered fully the petitioner's information and determined: 

### 1. Perthe FAA June 22,2016, notice to Section 333 ofthe FAA Modernization and Reform Act of2012, the petitioner is authorized to operate as requested within the United States under the provisions of 14 CFR, part 107: Operation and Certification ofSmall Unmanned Aircraft Systems without further relief(Tier 1 ). 2. The FAA cannot authorize operations in another country's sovereign, lower level airspace. Therefore, the petitioner's request for reliefis denied. To conduct operations outside the United States, the petitioner must review specific statutes, regulations, and guidance for clarification for operations inthat country's airspace and follow the processes necessary to gain the required special authorization from the relevant foreign civil aviation authority. Referto the International Civil Aviation Organization Depository Library http://www.icao.int/publications/Pages/depository-libraries.aspx for a list ofcontact information for foreign aviation authorities. Additionally, U.S. international trade obligations, including the North American Free Trade Agreement, cover certainkinds ofoperations known as specialty air services. Specialty air services are generally defined as any specialized commercial operation using an aircraft whoseprimarypurpose is notthe transportation ofgoods orpassengers. Thepetitioner should consult such agreements priorto approaching foreign civil aviation authorities. 

### The FAA's Decision In consideration ofthe foregoing, I find that a grant ofexemption is not in the public interest. Therefore, pursuant to the authority contained in 49 U

.S.C. §§ 106(±), 40113, and 44701, delegated to me by the Administrator, the petition ofCine-Air LLC/Baur Films is hereby denied. The petitioner is expected to conduct operations within the United States in accordance withthe operating documents, conditions and limitations specified in 14 CFR, part 107: Operation and Certification ofSmall Unmanned Aircraft Systems. Issued in Washington, DC on 

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# ~J John S. Duncan Director, Flight Standards Service