UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the 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 of Federal 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, 

Stevenson Ranch, 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 request with 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 of this 

document into the search box and click "Search," then click on the "Open Docket 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/Baur Films a Request for Information (RFI) on September 2, 2016. In 

part, the RFI noted the petitioner's request to conduct operations outside of the United States. The 

FAA requested confirmation of intent to pursue operations outside of the 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 of the United States. 
2 

The FAA's analysis is as follows: 

Article 8 of the Convention on International Civil Aviation specifies no unmanned aircraft 

''shall be flown without a pilot over the territory of a contracting State without special 

authorization by that State and in accordance with the terms of such authorization.'' Article 8 

also calls on States to undertake ''to insure that the flight of such aircraft without a pilot in 

regions open to 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. Per the 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 of Small 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 relief is denied. To conduct operations 

outside the United States, the petitioner must review specific statutes, regulations, and 

guidance for clarification for operations in that country's airspace and follow the processes 

necessary to gain the required special authorization from the relevant foreign civil aviation 

authority. Refer to the International Civil Aviation Organization Depository Library 

http://www.icao.int/publications/Pages/depository-libraries.aspx for a list of contact 

information for foreign aviation authorities. 

Additionally, U.S. international trade obligations, including the North American Free Trade 

Agreement, cover certain kinds of operations known as specialty air services. Specialty air 

services are generally defined as any specialized commercial operation using an aircraft 

whose primary purpose is not the transportation of goods or passengers. The petitioner should 

consult such agreements prior to approaching foreign civil aviation authorities. 

The FAA's Decision 

In consideration of the foregoing, I find that a grant of exemption 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 of Cine-Air LLC/Baur Films is 

hereby denied. The petitioner is expected to conduct operations within the United States in 

accordance with the operating documents, conditions and limitations specified in 14 CFR, 

part 107: Operation and Certification of Small Unmanned Aircraft Systems. 

Issued in Washington, DC on FEB 0 ·2 2 0 17 

~J John S. Duncan 

Director, Flight Standards Service