August 3, 2014

"-., _../ >. _: ;

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:

We are writing pursuant to the FAA Modernization and Reform Act of 2012 (the "Reform

Act") and the procedures contained in 14 C.F.R. 11, to request that Gearhead LLC, d/b/a, an 

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

Regulations ("FARs") listed below so that Gearhead LLC may operate its small unmanned 

aircraft I lightweight unmanned aircraft systems ("UAS") commercially in airspace regulated 

by the Federal Aviation Administration ("FAA"); as long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. The conditions identified and proposed by the applicant are drawn 

from Order 8900.1 CHG 0, Volume 3, Chapter 8-Issue a Certificate of Waiver for Motion 

Picture and Television Filming.

As identified and described herein, William Lang, and his company Gearhead LLC is an 

experienced, recognized veteran in the broadcast and cable television production industry. 

Mr. Lang and his previous production companies have been producing and delivering 

technical service applications for the broadcast industry for nearly thirty (30) years. Mr. Lang

has also been a Multi Engine Interment Pilot (34) years. Mr. Lang has had extensive 

production service contracts with many entertainment multi-media conglomerates.

Gearhead LLC has been actively involved in the technical development of UAS/

UAV service applications to provide high definition film quality by aerial cinematography 

with small, unmanned aircraft and lightweight UASs. It is currently one of the very few 

companies that is developing advanced technical applications and abilities for future 

commercial service applications. Gearhead LLC has fully equipped each of its small 

unmanned aircraft for aerial photography and cinematography, primarily for use in the 

television broadcast industry, though given their stability and maneuverability, they may be 

used for other cinematography, by law enforcement personnel, search and rescue and by 

other first responders If called upon by these authorities.
Gearhead LLC exemption request would permit its operation of lightweight,

unmanned (remotely controlled in line of sight) UASs in tightly controlled and limited 

airspace. Predetermined, specifically marked areas of operation, cordoned off locations 

and corresponding enhancements to current safety controls will allow Gearhead LLC to 

operate within current safety parameters and new ones being implemented. As identified, 

similar lightweight, remote controlled UASs are legally operated by amateurs with no 

flight experience, safety plan or controls in place to prevent catastrophe. Gearhead LLC is 

developing a state-of-the-art client website application to monitor, evaluate and 

implement all aerial cinematography activities with a pre-flight safety and flight plan 

system.

Granting Gearhead LLC request comports 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, 

Gearhead LLC will conduct its operations in compliance with the protocols described 

herein or as otherwise established by the FAA.

Gearhead LLC 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, Gearhead LLC

Requests Exemption are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a)(1); 14 

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

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 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) & (b);91.405 (a); 91.407(a) 

(1); 91.409 (a) (2);91.417 (a) & (b).

The Extent of Relief Gearhead LLC Seeks and the Reason It Seeks Such Relief:

Gearhead LLC submits this application in accordance with the Reform Act, 112

P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to 

prevent Gearhead LLC contemplated commercial cinematic, research and other flight

operations within the national airspace system. The Reform Act in Section 332 provides 

for such integration of civil unmanned aircraft systems into our national airspace system 

as it is in the public's interest to do so. Gearhead LLC lightweight UASs meet the 

definition of "small unmanned aircraft" as defmed in Section 331 and therefore the 

integration of Gearhead LLC lightweight UASs are expressly contemplated by the Reform 

Act. Gearhead LLC would like to operate its lightweight UASs prior to the time period by 

which the Reform Act requires the FAA to promulgate rules governing such craft.
The Reform Act guides the Secretary in determining the types of UASs that may operate 

safely in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be

operated near airports or populated areas; and, Whether the UAS will be operated by line 

of sight.

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Gearhead 

LLC.

Gearhead LLC UASs utilizes four counter-rotating propellers for extreme balance, control 

and stability. They each weigh less than 55 pounds, including cinematic or other

equipment. Each of Gearhead LLC small unmanned aircraft are designed to primarily

hover in place and operate at less than a 50 knot maximum speed. They are capable of 

vertical and horizontal operations but operate only within the line of sight of the remote 

control pilot. In addition to the remote control pilot, Gearhead LLC uses a spotter and a 

technician, such that, at minimum, three Gearhead LLC personnel govern the safe flight 

of an Gearhead LLC aircraft at all times.

Utilizing battery power and not combustible fuels, flights generally last between five and

twenty minutes. Gearhead LLC does not operate its UASs with less than twenty five

percent battery capacity. Safety systems in place include a GPS mode that allows 

Gearhead LLC UASs to hover in place if communication with the radio control pilot is 

lost and then slowly descend the UAS at twenty five percent battery capacity. Further, 

Gearhead LLC fleet is programmed, in some instances, to slowly follow a predetermined 

set of waypoints to return to a safety point if communications are lost.

Gearhead LLC does not operate its UASs near airports and generally does not operate 

them near populated areas. The UAS operating software and GPS navigation systems do

not allow any of the Gearhead LLC UAS vehicles to operate near airports or restricted fly 

zones. The failsafe software will disable the UAS vehicles from taking off and also limit 

the UAS systems from operating within specific GPS preset no-fly zones. To date, 

Gearhead LLC has only operated its fleet on private sets, cordoned off areas and areas 

under the control Of Gearhead LLC clients. Gearhead LLC only operates its UASs in

predetermined areas and only in compliance with well regarded safety protocols such as

those contained within the well established and commonly known Motion Picture and 

Television Operations Manual.

Gearhead LLC operation of its fleet of small unmanned aircraft will not "create a hazard 

to users of the national airspace system or the public." 112 P.L. 95 § 3 3 3 (b). Given the

small size and weight of Gearhead LLC UASs, combined with their operation in cordoned 

off and well-controlled areas, Gearhead LLC fleet falls within Congress's contemplated 

safety zone when it promulgated the Reform Act and the corresponding directive to 

integrate UASs into the national airspace system. Indeed, Gearhead LLC UASs have a 

demonstrable safety record and do not pose any threat to the general public or national 

security.
The FAA has the authority to issue the exemption to Gearhead LLC pursuant to the 

Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Commercial and Public Benefits 

Granting Gearhead LLC exemption request furthers the public interest. First, Congress 

has already pronounced that it is in the public's interest to integrate commercially flown 

UASs into the national airspace system, hence the passing of the Reform Act. Second,

Gearhead LLC conducts research into safe UAS operations every time it flies one of its

UASs. Flight data, visual inspections, recorded observations and flight analyses are 

compiled to further enhance current safety protocols. Allowing Gearhead LLC to log 

more flight time directly relates to its research and its ability to further enhance current 

safety measures. Third, the public has an interest in reducing the danger and emission 

associated with current aerial cinematic capture methods, namely, full size helicopters. 

Gearhead LLC UASs are battery powered and create no emissions. If an Gearhead LLC 

UAS crashes there is no fuel to ignite and explode. The impact of Gearhead LLC 

lightweight UASs is far less than a full size helicopter, notwithstanding the statistically 

noteworthy safety record of full size helicopters used in motion picture capture. The 

public's interest is furthered by minimizing ecological and crash impacts by permitting 

motion picture capture through Gearhead LLC lightweight UASs.

Progression of the arts and sciences has been fundamental to our society since its 

inclusion in the United States Constitution. Indeed, Congress mandated the integration of 

UASs into our national airspace system, in part, to achieve progression in this 

noteworthy, and inevitable, field. Permitting Gearhead LLC to immediately fly within the 

United States furthers these goals. Whether it is the amalgam of scientific discoveries 

applicable to feature film making (including those drawing upon architecture, physics, 

engineering and cultural inclusiveness) to advancements in publicly usable technologies 

or advancements in equipment available to law enforcement personnel I first responders 

that does not cost millions of dollars, granting Gearhead LLC exemption request 

substantially furthers the public's interest in ways known and currently unknown.
Reasons Why Gearhead LLC Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Gearhead LLC exemption will not adversely affect safety. Quite the contrary, for the 

reasons stated, supra, permitting Gearhead LLC to log more flight time in FAA controlled 

airspace will allow Gearhead LLC to innovate and implement new and as of yet 

undiscovered safety protocols. In addition, Gearhead LLC submits the following

representations of enhancements to current aerial motion picture capture techniques:

• Gearhead LLC UASs weigh less than 55 pounds complete with feature length

motion picture quality camera.

• Gearhead LLC only operates its UASs below 400 feet;

• Gearhead LLC UASs only operate for 5-25 minutes per flight;

• Gearhead LLC lands its UASs when they reach 25% battery power;

• Gearhead LLC remote control pilots operate Gearhead LLC UASs by line of sight

• Gearhead LLC remote control pilots have video backup should they somehow lose 

sight of the UAS;

• Gearhead LLC staffs each flight with a remote control pilot, technician and spotter 

with communication systems enabling real time communication between them;

• Gearhead LLC UASs have GPS flight modes whereby they hover and then slowly 

land if communication with the remote control pilot is lost or battery power is

below25%;

• Gearhead LLC actively analyses electronic flight data and other sources of

information to constantly update and enhance safety protocols;

• Gearhead LLC only operates in secured areas that are strictly controlled, are away 

from airports and populated areas;

• Gearhead LLC conducts extensive brief meetings prior to flight, during which 

safety carries primary importance;

• Gearhead LLC always obtains all necessary permissions and permits prior to

operation; and, Gearhead LLC has procedures in place to abort flights in the event 

of safety breaches or potential danger.
Gearhead LLC provides a level of safety at least equal to existing rules, and in

nearly every instance, greater than existing rules. It is important to note that absent the

integration of commercial UASs into our national airspace system, helicopters are the 

primary means of aerial motion picture capture. While the safety record of such 

helicopters is remarkably astounding, it is far safer to operate a battery powered 

lightweight UAS. First, the potential loss of life is diminished because UASs carry no 

people on board and Gearhead LLC only operates them in specific areas away from mass 

populations. Second, there is no fuel on board a UAS and thus the potential for fire or 

explosions is greatly diminished. Third, the small size and extreme maneuverability of 

Gearhead LLC UASs allow our remote control pilots to avoid hazards. Lastly, given their 

small size and weight, even when close enough to capture amazing images, Gearhead 

LLC UASs need not be so close to the objects they are focused on. Accordingly, 

Gearhead LLC UASs have operated and will continue to operate at and above current 

safety levels.

A Summary The FAA May Publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The 

size, weight and enclosed operational area of Gearhead LLC UASs permits exemption 

from Part 21 because Gearhead LLC UASs meet an equivalent level of safety pursuant to

Section 3 3 3 of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and 

Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt U 

ASs from the airworthiness certificate requirement in consideration of the weight, size, 

speed, maneuverability and proximity to areas such as airports and dense populations. 

Gearhead LLC UASs meet or exceed each of the elements.

14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the F 

ARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no 

pilots or passengers, and given the size of the UASs, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a manual at the flight 

operations center. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Gearhead LLC 

UASs utilize electronic global positioning systems and internal gyroscopes to provide 

spatial coordination.
14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and

registrations. They are inapplicable for the same reasons described above. The equivalent 

level of safety will be achieved by maintaining such certifications and registrations at the 

Gearhead LLC flight operations center.

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain

specifications. Gearhead LLC UASs are, by defmition, unmanned. They therefore do not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further,

two-inch lettering is difficult to place on such small aircraft. Regardless, Gearhead LLC 

will mark its UASs in the largest possible lettering by placing the word

"EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29 (f) so that the the 

pilot, technician, spotter and others working with the UAV will see the markings. The 

FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 

10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial

operations. Gearhead LLC can achieve an equivalent level of safety as achieved by 

current Regulations because Gearhead LLC UASs do not carry any pilots or

passengers. Further, while helpful, a pilot license will not ensure remote control piloting 

skills, though Gearhead LLC pilot vetting and training programs will. Further, private 

pilot licensees will operate Gearhead LLC UASs with the same skill. Further, the risks

attendant to the operation of Gearhead LLC UASs is far less than the risk levels inherent 

in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing Gearhead 

LLC to operate its UASs with a private pilot as the pilot in control will exceed current 

safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows

helicopters to be operated at lower altitudes in certain conditions. Gearhead LLC UASs 

will never operate at an altitude greater than 400 AGL. Gearhead LLC will, however,

operate its UASs in cordoned off areas with security perimeters, providing a level of 

safety at least equivalent to those in relation to minimum safe altitudes. Given the size, 

weight, maneuverability and speed of Gearhead LLC UASs, an equivalent level of safety 

will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and operators to

"have [the] 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."
These Regulations only apply to aircraft with an airworthiness certificate. They will not,

therefore, apply to Gearhead LLC should its requested exemption be granted. Gearhead LLC 

conducts an extensive maintenance program that involves regular software updates and 

constant inspection for assessment of any damaged hardware. Therefore, an equivalent level 

of safety will be achieved. Gearhead LLC has researched and developed its own designs.

F. Summary

Gearhead LLC seeks an exemption from the following Regulations: 14 C.F.R.

21, subpart H; 14 C.P.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(b); 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) and (b); 14 C.F.R. § 91.405 

(a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R. § 91.409 (a)(2); 14 C.P.R. § 91.409 (a)(2); and, 14 

C.P.R. §§ 91.417 (a) & (b) to commercially operate its fleet of small unmanned vehicles and 

lightweight unmanned aircraft vehicles in motion picture or television operations, to conduct 

its own research and to develop economic platforms for law enforcement I first responders,

search and rescue.

Granting Gearhead LLC request for exemption will reduce current risk levels and thereby 

enhance safety. Currently, motion picture image capture relies primarily on the use of larger 

aircraft running on combustible fuel. Gearhead LLC craft do not contain potentially 

explosive fuel, are smaller, lighter and more maneuverable than conventional motion picture 

aircraft. Further, Gearhead LLC operates at lower altitudes and in controlled airspace. 

Gearhead LLC has been analyzing flight data and other information in compiling novel 

safety protocols and the implementation of a flight operations manual that exceeds currently 

accepted means and methods of safe flight.

There are no people on board Gearhead LLC UASs and therefore the likelihood

of death or serious bodily injury is significantly limited. Gearhead LLC operation of its 

UASs, weighting less than 55 pounds and traveling at speeds lower than 50 knots in cordoned 

off areas will provide at least an equivalent level of safety as that achieved under current 

FARs.

Gearhead LLC respectfully requests that the FAA grant its exemption request

without delay. The FAA has the authority to issue the exemption sought by Gearhead 

LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely,

William W Lang

Gearhead LLC.

69 O’Connor Road

Fairport, NY 14450