FAA sUAS Exemption Request

Fly Habana sUAS FAA Exemption REQUEST December 2014 Page 1 of 10

A Creative Aerial Company

(844) FlyHabana / (844) 359-4222

www.FlyHabana.com

December	1,	2014

U.	S.	Department	of	Transportation	

Docket	Management	System	

1200	New	Jersey	Ave.,	SE	

Washington,	DC	20590

Re:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	

Dear	Sir	or	Madam:	

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	Reform	Act)	and	14	C.F.R.	

Part	11,	Habana	Avenue,	LLC,	doing	business	as	and	publicly	branded	as	Fly	Habana,	operator	of	Small	Unmanned	

Aircraft	Systems	(“sUAS sUAS”)	equipped	to	conduct	aerial	photography	for	the	motion	picture	and	television	and	

content	creation	industry	for	scripted	closed	set	filming,	hereby	applies	for	an	exemption	from	the	listed	Federal	

Aviation	Regulations	(“FARs”)	to	allow	commercial	operation	of	its	sUAS,	so	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	333.1

As	described	more	fully	below,	the	requested	exemption	would	permit	the	operation	of	small,	unmanned	

and	relatively	inexpensive	sUAS under	controlled	conditions	in	airspace	that	is	1)	limited	2)	predetermined	3)	

controlled	as	to	access	and	4)	would	provide	safety	enhancements	to	the	already	safe	operations	in	the	film	and	

television	industry	presently	using	conventional	aircraft.	Approval	of	this	exemption	would	thereby	enhance	safety	

and	fulfill	the	Secretary	of	Transportation’s	(the	FAA	Administrator’s)	responsibilities	to	“...establish	requirements	for	

the	safe	operation	of	such	aircraft	systems	in	the	national	airspace	system.”	Section	333(c)	of	the	Reform	Act.	

The	name	and	address	of	the	applicant	is:	

Habana	Avenue,	LLC	dba	Fly	Habana

Attn:	Steven	J.	Levy

Ph:	917-838-3163

844-359-4222 ext.	212

Email:	Steven.Levy@HabanaAvenue.com	

Address:	2801 1⁄2	W.	Angeles	St.,	Tampa,	FL	33629
																																																																																																																																																																			

FAA sUAS Exemption Request

Fly Habana sUAS FAA Exemption REQUEST December 2014 Page 2 of 10

A Creative Aerial Company

(844) FlyHabana / (844) 359-4222

www.FlyHabana.com

1	The	conditions	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.	

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	rulemaking	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, Power	Plants,	Fuel	Depots	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)2.

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,	which includes	sUAS,	

from	the	requirement	that	all	civil	aircraft	must	have	a	current	airworthiness	certificate.

2	Applicant	interprets	this	provision	to	place	the	duty	on	the	Administrator to	not	only	process	applications	for	

exemptions	under	section	333,	but	for	the	Administrator	to	craft	conditions	for	the	safe	operation	of	the	UAS,	if	it	

should	be	determined	that	the	conditions	set	forth	herein	do	not	fulfill	the	statutory	requirements	for	approval.	

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	USC	§44711(a);	49	USC	§44704;	14	CFR	§91.203	(a) (1).	

Habana	Avenue	LLC’s	sUAS are	multi	rotor	craft,	weighting	55	or	fewer	lbs.	including	payload.	They	operate,	

under	normal	conditions	at	a	speed	of	no	more	than	50	mph	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	the	

sterile	area	described	in	the	Fly	Habana	General	Operating	Manual,	(hereinafter	“GOM”). 3 Such	operations	will	

insure	that	the	sUAS	will	“not	create	a	hazard	to	users	of	the	national	airspace	system	or	the	public.”4	
																																																																																																																																																																			

FAA sUAS Exemption Request

Fly Habana sUAS FAA Exemption REQUEST December 2014 Page 3 of 10

A Creative Aerial Company

(844) FlyHabana / (844) 359-4222

www.FlyHabana.com

Given	the	small	size	of	the	sUAS involved	and	the	restricted	sterile	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	sUAS 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	television	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.

AIRCRAFT	AND	EQUIVALENT	LEVEL	OF	SAFETY	

The	applicant	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	

represent	a	safety	enhancement	to	the	already	safe	movie	and	television	filming	operations	conducted	with	

conventional	aircraft.

These	limitations	and	conditions	to	which	Habana	Avenue,	LLC	agrees	to	be	bound	when	conducting	

commercial	operations	under	an	FAA	issued	exemption	include:

3	The	Fly	Habana	GOM	is	a	comprehensive	outline	of	all	flight	operations	and	procedures,	including	proprietary	

technology	procedures,	that	Habana	Avenue,	LLC	does	not	wish	to	disclose	to	the	general	public.		Therefore,	the	

Manual	is	made	available	to	this	sanctioning	body	for	its	use	only..		A	sample	Aircraft	Operating	Manual	has	been	

included	covering	the	Cinestar	8	HL	aircraft	which	will	be	operated	by	Fly	Habana.		Other	AOM's	are	in	similar	format	

and	available	upon request.

4	Reform	Act	Section	333	(b).	

1.	The	sUAS	will	weigh	less	than	55	lbs.	

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

3.	Maximum	total	flight	time	for	each	operational	flight	will	be	30	minutes.	Flights	will	be	terminated	at	25%	battery	

power	reserve	should	that	occur	prior	to	the	30	minute	limit.	

4.	Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	AGL	or,	not	more	than	200	feet	above	an	elevated	

platform	from	which	filming	is	planned.	

5.	Minimum	crew	for	each	operation	will	consist	of	the	sUAS	Pilot,	the	Visual	Observer.

6.	sUAS	pilot	will	operate	under	the	guidance	and	oversight	of	an	FAA	licensed	airman	with	at	least	a	private	pilot’s	

certificate	and	third	class	medical.	

7.	sUAS	Pilot	will	be	Pilot	in	Command	(PIC).	If	a	pilot	certificate	holder	other	than	the	sUAS	Pilot,	who	possess	the	

necessary	PIC	qualifications,	is	also	present	on	set	(i.e.	the	Aerial	Coordinator),	that	person	can	also	be	designated	as	

PIC.	
																																																																																																																																																																			

FAA sUAS Exemption Request

Fly Habana sUAS FAA Exemption REQUEST December 2014 Page 4 of 10

A Creative Aerial Company

(844) FlyHabana / (844) 359-4222

www.FlyHabana.com

8.	The	UAS	will	only	operate	within	a	confined	“Area	of	Operation”	as	defined	in	the	GOM.	

9.	A	briefing	will	be	conducted	in	regard	to	the	planned	sUAS	operations	prior	to	each	day’s	production	activities.	It	

will	be	mandatory	that	all	personnel	who	will	be	performing	duties	within	the	boundaries	of	the	area	of	operations

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	Flight	Standards	District	Office (FSDO.)

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	as	described	in	the	GOM.		With	the	advanced	permission	of	the	relevant	FSDO,	

operations	at	closer	range	can	be	approved.	

12.	The	operator	will	submit	a	written	Plan	of Activities	to	the	FSDO	three	days	before	the	proposed	shoot	as	

required	in	the	GOM.	

13.	All	Fly	Habana	crew	will	have	been	trained	in	operation	of	UAS	generally	and	received	up-to-date	information	on	

the	particular	UAS	to	be	operated	as	required	in	the	GOM.	

14.	Observer	and	pilot	will	at	all	times	be	able	to	communicate	by	voice.	

15.	Written	and/or	oral	permission	from	the	relevant	property	holders	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	sUAS	loses	communications	or	loses	its	GPS	signal,	the	UAS	will	have	capability	to	return	to	a	predetermined	location	within	the	Security	Perimeter	and	land.	

18.	The	sUAS	will	have	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles	or	emergencies.	

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,	power	plants,	fuel	depots 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.	
																																																																																																																																																																			

FAA sUAS Exemption Request

Fly Habana sUAS FAA Exemption REQUEST December 2014 Page 5 of 10

A Creative Aerial Company

(844) FlyHabana / (844) 359-4222

www.FlyHabana.com

The	sUAS	to	be	operated	hereunder	is	less	than	55	lbs.	fully	loaded,	carries	neither	a	pilot	nor	passenger,	

carries	no	explosive	materials	or	flammable	liquid	fuels,	and	operates	exclusively	within	a	secured	area	as	set	out	in	

the	General	Operating	Manual.	Unlike	other	civil	aircraft,	operations	under	this	exemption	will	be	tightly	controlled	

and	monitored	by	both	the	operator,	pursuant	to	the	Manual’s	requirements,	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	UAS,	due	to	its	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	

The	regulation	requires:	

When	marks	include	only	the	Roman	capital	letter	"N"	and	the	registration	number	is	displayed	on	

limited,	restricted	or	light-sport	category	aircraft	or	experimental	or	provisionally	certificated	aircraft,	the	

operator	must	also	display	on	that	aircraft	near	each	entrance	to	the	cabin,	cockpit,	or	pilot	station,	in	

letters	not	less	than	2	inches	nor	more	than	6	inches	high,	the	words	"limited,"	"restricted,"	"light-sport,"	

"experimental,"	or	"provisional,"	as	applicable.	

Even	though	the	UAS	will	have	no	airworthiness	certificate,	an	exemption	may	be	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	sUAV,	two-inch	lettering	will	be	impossible.	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	sUAV	marked	on	its	fuselage	as	required	by	

§45.29	(f)	where	the	pilot,	observer	and	others	working	with	the	sUAV	will	see	the	identification	of	the	UAS	as	

“Experimental.”	The	FAA	has	issued	the	following	exemptions	to	this	regulation	to	Exemptions	Nos.	10700,	8738,	

10167	and	10167A.	
																																																																																																																																																																			

FAA sUAS Exemption Request

Fly Habana sUAS FAA Exemption REQUEST December 2014 Page 6 of 10

A Creative Aerial Company

(844) FlyHabana / (844) 359-4222

www.FlyHabana.com

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	operate	under	the	supervision	of	a	private	pilot’s	license	holder	rather	than	

a	commercial	pilot’s	license	holder.		Unlike	a	conventional	aircraft	that	carries	the	pilot	and	passengers,	the	sUAS	is	

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	as	set	forth	in	the	GOM.	The	level	of	safety	provided	by	the	requirements	

included	in	the	GOM	exceed that	provided	by	a	single	individual	holding	a	commercial	pilot’s	certificate	operating	a	

conventional	aircraft.	The	risks	associated	with	the	operation	of	the	sUAS	are	so	diminished	from	the	level	of	risk	

associated	with	commercial operations	contemplated	by	Part	61	when	drafted,	that	allowing	operations	of	the	sUAS	

as	requested	with	a	private	pilot	in	a	supervisory	role	aiding	the	PIC	exceeds	the	present	level	of	safety	achieved	by	

14	C.F.R.	§61.113	(a)	&	(b).	

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	and	the	requirements	contained	in	the	

General	Operating	Manual for	maintenance	and	use	of	safety	check	lists	prior	to	each	flight,	an	equivalent	level	of	

safety	will	be	provided.	

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

Section	91.9	(b)	(2)	provides:

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.

The	sUAS,	given	its	size	and	configuration	has	no	ability	or	place	to	carry	such	a	flight	manual	on	the	aircraft,	

not	only	because	there	is	no	pilot	on	board,	but	because	there	is	no	room	or	capacity	to	carry	such	an	item	on	the	

aircraft.	

The	equivalent	level	of	safety	will	be	maintained	by	keeping	the	flight	manual	at	the	ground	control	point	

where	the	pilot	flying	the	sUAS	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,	10602,	32827,	and	10700.	
																																																																																																																																																																			

FAA sUAS Exemption Request

Fly Habana sUAS FAA Exemption REQUEST December 2014 Page 7 of 10

A Creative Aerial Company

(844) FlyHabana / (844) 359-4222

www.FlyHabana.com

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.	An	

equivalent	level	of	safety	will	be	provided	as	set	forth	in	the	Aircraft	Operating	Manual	(AOM) for	each	UAS.	The	PIC	

will	take	all	actions	as	described	in	the	GOM	and	AOM.

14	C.F.R.	§91.109:	Flight	instruction:	

Section	91.103	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.	

sUAS 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	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.	As	this	exemption	is	for	a	sUAS	that	is	a	helicopter	and	

the	exemption	requests	authority	to	operate	at	altitudes	up	to	400	Above	Ground	Level	(AGL,) or	not	more	than	200	

above	an	elevated	platform	from	which	filming	is	planned,	an	exemption	may	be	needed	to	allow	such	operations.	As	

set	forth	herein,	except	for	the	limited	conditions	stated	in	the	General	Operating	Manual,	the	UAS	will	never	

operate	at	higher	than	400	AGL.	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	notification	and	consent when	

required.

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	as	set	forth	in	the	GOM.	Compared	to	flight	operations	with	aircraft	or	

rotorcraft	weighing	far	more	than	the	maximum	55lbs.	proposed	herein	and	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	sUAS	will	ensure	separation	

between	these	small-UAS	operations	and	the	operations	of	conventional	aircraft	that	must	comply	with	Section	

91.119.	
																																																																																																																																																																			

FAA sUAS Exemption Request

Fly Habana sUAS FAA Exemption REQUEST December 2014 Page 8 of 10

A Creative Aerial Company

(844) FlyHabana / (844) 359-4222

www.FlyHabana.com

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.”	As	the	sUAS	may	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	read	out,	an	exemption	may	

be	needed.	An	equivalent	level	of	safety	will	be	achieved	by	the	operator,	pursuant	to	the	General	Operating	Manual

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;	or	(2)	At	night,	to	

fly	after	that	for	at	least	45	minutes.”

Fly	Habana	requests	relief from Section	91.151	due	to	the	battery	life	that	powers	the	sUAS.		Typical	aerial	

batteries	provide approximately	40	minutes	of powered	flight.	To	meet	the	30-minute	reserve	requirement	in	14	CFR	

§91.151,	sUAS	flights	would	be	limited	to	approximately	10	minutes	in	length.	In	relief of	the	30-minute	reserve,	

given	the	limitations	on	the	UAS’s	proposed	area of	predetermined operation,	a	longer	time	frame	for	flight	might	be

reasonable.	 As	per	FH’s	General	Operating	Manual,	flight	times	will	never	exceed	75%	of	the	battery(s)	consumption	

or	25%	reserve;	whichever happens	first.

Applicant	believes	that	an	exemption	from	14	CFR	§91.151(a)	falls	within	the	scope	of	prior	exemptions.	See	

Exemption	10673	(allowing	Lockheed	Martin	Corporation	to	operate	without	compliance	with	FAR	91.151	(a)).	

Operating	the	small	UAS,	in	a	tightly	controlled	area	where	only	people	and	property	owners	or	official	

representatives	who	have	signed	waivers	will	be	allowed,	with	less	than	30	minutes	of	reserve	fuel,	does	not	

engender	the	type	of	risks	that	Section	91.151(a)	was	intended	to	alleviate	given	the	size	and	speed	of	the	small	UAS.	

Additionally,	limiting	sUAS	flights	to	10	minutes	would	greatly	reduce	the utility	for	which	the	exemption	will	be	

granted.	

Applicant	believes	that	an	equivalent	level	of	safety	can	be	achieved	by	limiting	flights	to	30	minutes	or	25%	

of	battery	power	whichever	happens	first.	This	restriction	would	be	more	than	adequate	to	return	the	sUAS	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)	and	(b):	Carrying	Civil	Aircraft	Certification	and	Registration

The	regulation	provides	in	pertinent	part:
																																																																																																																																																																			

FAA sUAS Exemption Request

Fly Habana sUAS FAA Exemption REQUEST December 2014 Page 9 of 10

A Creative Aerial Company

(844) FlyHabana / (844) 359-4222

www.FlyHabana.com

(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.	.	.	

(a) 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	55	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	sUAS.		Each	sUAS	

operated	by	Fly	Habana	will	be	registered	with	the	FAA	and	all	documentation	carried	by	the	PIC.

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	will	be	accomplished	by	the	operator	pursuant	to	the	guidelines	set	

forth	in	the	Maintenance	manuals	designed	for	each	UAS.			An	equivalent	level	of	safety	will	be	achieved	because	

these	small	UASs	are	very	limited	in	size	and	will	carry	a	small	payload	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.	As	provided	in	the	GOM,	the	operator	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	operator	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	(55lbs	or	less)	in	motion	picture	and	television	operations.
																																																																																																																																																																			

FAA sUAS Exemption Request

Fly Habana sUAS FAA Exemption REQUEST December 2014 Page 10 of 10

A Creative Aerial Company

(844) FlyHabana / (844) 359-4222

www.FlyHabana.com

Approval	of	exemptions	allowing	commercial	operations	of	sUAS in	the	film	and	content	creation	industry	

will	enhance	safety	by	reducing	risk.	Conventional	film	operations,	using	jet	or	piston	power	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,	e.g.).	Such	aircraft	must	fly	to	and	from	the	film	location.	In	

contrast,	a	sUAS	weighing	fewer	than	55	lbs.	and	powered	by	batteries eliminates	virtually	all	of	that	risk	given	the	

reduced	mass	and	lack	of	combustible	fuel	carried	on	board.	The	sUAS	is	carried	to	the	film	set	and	not	flown.	The	

sUAS	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	55	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	sterile	environment	and,	as	a	result,	are	far	safer	than	

conventional	operations	conducted	with	turbine	helicopters	operating	in	close	proximity	to	the	ground	and	people.	

Privacy

All	flights	will	occur	over	private	or	controlled	access	property	with	the	property	owner’s	prior	consent	and	

knowledge.	Filming	will	be	of	people	who	have	also	consented	to	being	filmed	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	for	the	grant	of	the	requested	exemptions	allowing	commercial	operation	

of	applicant’s	UAS	in	the	motion	picture	and	television	industry	pursuant	to	the	Manual	appended	hereto.

Thank	you,

Steven	J.	Levy

Habana	Avenue,	LLC	dba	Fly	Habana

Executive	Producer,	Founder

917-838-3163