August 26, 2015

Exemption No. 12606

Regulatory Docket No. FAA–2015–2111

Mr. Paul C. Greene

Managing Director

Flight AV, Inc.

1419 West Winona Street

Chicago, IL 60640

Dear Mr. Greene:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 18, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Flight AV, Inc. (hereinafter petitioner or operator) for an exemption. The petitioner

requested to operate an unmanned aircraft system (UAS) to conduct aerial videography and 

photography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a xFold Cinema Heavy Lifter.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Flight AV, Inc. is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Flight AV, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the xFold Cinema 

Heavy Lifter when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
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the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
May 18th, 2015 

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 and Part 11 of the Federal Aviation 

Regulations from: 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) &'(b); 14 CFR 91.7 (a); 

14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 

91.151 (a); 14 CFR 91.203 (a) &(b); 14 CFR 91.215 (a) &(b); 14 CFR 91.131 (d); 14 CFR 

91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) &(b) 

Dear Sir or Madam: 

Pursuant tQ Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, Flight AV, Inc. an operator of Small Unmanned Aircraft Systems 

("sUASs") equipped to conduct aerial videography and photography services hereby applies for 

an exemption from the listed Federal Aviation Regulations to allow commercial operation of its 

sUASs, 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. 

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

unmanned and relatively inexpensive sUAS in the NAS that is both limited and predetermined. 

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: 

Flight AV, Inc. 

Paul C. Greene 

Phone: (773) 669-4499 

Email: pcg@flightav.com 

Address: 1419 W Winona St 

Chicago, IL 60640 
Regulations from which the exemption is requested: 

14 CFR Part 21 

14 CFR 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.215 (a) & (b) 

14 CFR 91.131 (d) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

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 sUASs 

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 sUAS's size, weight, speed, and operational capability; 

• Operation of the sUAS in close proximity to airports and populated areas; 

• Operation of the sUAS within visual line of sight of the Pilot/"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). 

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 sUASs, 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 a/so 49 USC §44711(a); 49 

USC §44704; 14 CFR §91.203 (a) (1). 

Flight AV, Inc.'s sUASs are rotorcraft, weighting 55 or fewer Ibs. including payload. They 

operate under normal conditions at a speed of no more than 50 knots and have the capability to 

hover, and move in the vertical and horizontal plane simultaneously. They will operate only ir,r' 

line of sight of the Pilot/"Operator" and will operate with the permission of the property own ~ or 

a representative. Such operations will insure that the sUAS will "not create a hazard_ _to-ui ~ers of 

the national airspace system or the public" as per the Reform Act Section 333 (b). 
Applicant submits the attached iFly Safety Policy and iFly Operations Checklist as confidential 

documents under 14 CFR 11.35 (b) as these documents contain proprietary information that the 

applicant has not and will not share with others. The safety policy contains operating conditions 

and procedures that are not available to the public and are protected from release under the 

Freedom of Information Act 5 USC 552 et.seq. 

Given the small size of the sUASs involved and the limited 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 

sUASs to commence immediately. Also due to the size of the sUASs and the limited areas in 

which the relevant sUASs 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 with allowing 

sUASs for commercial aerial videography and photography 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 of 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 Flight AV, Inc. agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 55 Ibs. 

2. Flights will be operated within line of sight of a Pilot/"Operator" and/or observer. 

3. Maximum t4tal flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 20% battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 500 feet AGL or, when 

photographing a structure taller than 500 feet, the sUAS will not be operated more than 

100' above the highest point on the structure. 

5. Minimum crew for each operetion will consist of the sUAS Pilot/"Operator", and the 

Visual Observer. 

6. sUAS Pilot/"Operator" will be Pilot in Command (PIC). If the "Pilot/"Operator" " deems 

another "Pilot/"Operator" " to be qualified with the necessary skills to be the 

"Pilot/"Operator" ", that person can also be designated as "PilotP'Operator" " provided 

they have a minimum of 40 hours of flight time with the sUAS. 

7. Flights will be operated at a lateral distance of at least 50 feet from any inhabited 

structures, buildings, vehicles, vessels, or people not associated with the operation. 

8. A briefing will be conducted in regard to the planned sUAS operations prior to each flight 

activity. It will be mandatory that all personnel involved with the operational duties of the - 

flight be present for this briefing. 

9. Pilot/"Operator" and observer will have been trained in operation of sUAS generally and 

received up-to-date information on the particular sUAS to be operated. 

10. The "Pilot/"Operator" " will have at least a class 2 medical certificate. 

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11. Observer and Pilot/"Operator" will at all times be able to communicate by voice, radio, 

and/or text. 

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

representatives will be obtained. 

13. If the sUAS loses communications or loses its GPS signal, the sUAS will have the 

capability to return to a pre-determined location and land autonomously. 

14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies. 

14 CFR 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 sUAS. In all cases, an analysis of 

these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the 

limited 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 sUAS to be operated hereunder is less than 55 Ibs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates within a 

relatively small area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the Pilot/"Operator" and the visual observer. These safety 

enhancements, which already apply to civil aircraft operated to conduct aerial videography and 

photography services, 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 threat to 

national security posed by the sUAS, due to its size, speed of operation, limited operational 

area, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load. i 

14 CFR §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 sUAS will have no airworthiness certificate, an exemption is requested 

because the sUAS 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. 

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The wo'rd "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The 

equivalent level of safety will be provided by having the sUAS marked on its airframe as 

required by §45.29 (f) where the Pilot/"Operator", observer and others working with the sUAS 

will see the identification of the sUAS as "Experimental." The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 CFR §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 sUAS 

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 sUAS. 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 limited and all flights are planned and coordinated in advance. 

14 CFR §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, 

an equivalent level of safety will be provided. 

14 CFR §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 th6 aircraft. 

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

control point where the "Pilot/"Operator" " 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. 

14 CFR §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 "Pilot/"Operator" " will take all actions including reviewing 

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weather, flight baftery requirements, landing and takeoff areas and other checklist items before 

initiation of flight. 

14 CFR §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. 

sUASs 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 communication. 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 CFR §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 500 feet AGL, an exemption may be needed to allow such operations. As set 

forth herein, the sUAS will never operate at higher than 500 AGL with the exception that in 

circumstances where the sUAS is used to survey or photograph a structure whose height 

exceeds 500 feet AGL, the sUAS will not be operated more than 100 feet above the highest 

point on the structure. 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well 

as the location where it is operated. No flight will be taken without the permission of the 

property owner. Because of the advance notice to the property owner and other participants in 

the activity, all affected individuals will be aware of the planned flight operations. Compared to 

flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed 

herein and the lack of flammable fudl, any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 500 feet AGL. In 

addition, the low-altitude operations of the sUAS will ensure separation between these sUAS 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

14 CFR §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 readout, an exemption may be needed. An equivalent level of safety 

will be achieved by the Pilot/"Operator", pursuant to the safety checklist and live flight data 

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. 

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14 CFR § 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." 

The battery powering the sUAS provides less than 30 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. Given the limitations on the sUAS's proposed flight area and the location 

of its proposed operations within a predetermined area, a longer timeframe for flight in daylight 

or twilight VFR conditions is reasonable. 

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 sUAS, in a limited area where only people and 

property owners or representatives 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 

sUAS. 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 20% 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 CFR §91.203 (a)` and (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 sUAS fully loaded weighs less than 55 Ibs 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. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the Pilot/"Operator" flying the sUAS will have immediate access to the documents, - 

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. 

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14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); ATC transponder and altitude reporting 

equipment and use 

The pertinent section of 91.215 (a) &(b) requires for "(a) A/l airspace: U.S.-registered civil 

aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC transponder 

equipment installed... 

(b) A/l airspace. Unless otherwise authorized or directed by ATC, no person may operate an 

aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that 

aircraft is equipped with an operable coded radar beacon transponder"... 

This requirement applies 

(1) AII aircraft. In Class A, Class B, and Class C airspace areas; 

(2) AII aircraft. In all airspace within 30 nautical miles of an airport Iisted in appendix D, section 1 

of this part from the surface upward to 10,000 feet MSL; 

Likewise, the pertinent section of 91.131 (d); Operating Rule in class B Airspace 

(d) other equipment requirements. 

"No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped 

with 

(1) The applicable operating transponder and automatic altitude reporting equipment specified 

in § 91.215 (a)... and 

(2) After January 1, 2020, the applicable Automatic Dependent Surveillance-Broadcast Out 

equipment specified in § 91.225." 

Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted 

with and operate a transponder and automatic altitude reporting equipment specified in 

paragraph of 91.21-5 (a) &(b) and 91.131(d).% An exemption from these requirements is 

requested. The equivalent level of safety can be assured using the procedures defined for each 

class of airspace. 

Within the surface areas of Class "B", Class "C", Class "D" airspace 

Within the lateral boundaries of the airspace, the Pilot/"Operator" " will establish 2 way 

communications with the ATC facility having jurisdiction for that area. The Pilot/"Operator" will 

provide the location (heading and distance) relative to the center of the airspace and request 

clearance to "Maneuver" above that location at or below 500 feet AGL. The Pilot/"Operator" will 

be responsible for "see and avoid" traffic conflicts. The Pilot/"Operator" will at all times yield 

right of way to ANY and ALL manned flight operations. AII operations within 2 miles of the 

primary airport will be pre-arranged with that controlling facility. Any and all restrictions placed 

on the operations will be complied with so that all manned operations can be conducted without 

negatively impacting flight safety. 

14 CFR §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 

Pilot/"Operator" pursuant to the flight manual and operating handbook. An equivalent level of 

safety will be achieved because these small sUASs are very limited in size and will carry a small 

payload and operate only in limited areas for short periods of time. If inechanical issues arise 

the sUAS can land immediately and will be operating from no higher than 500 feet AGL. The 

Pilot/"Operator" will ensure that the sUAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the 

Pilot/"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. An equivalent level of 

safety will be achieved because maintenance and inspections will be performed in accordance 

with the sUAS manufacturer's manual, as referenced in the Aircraft Operations Manual. As 

provided in the Operations Manual, the PilotP'Operator" will ensure that the sUAS is in working 

order prior to initiating flight and perform required maintenance needed. 

Additional Views and Information 

Flight AV offers operators and equipment for feature film, episodic television and commercial 

production. The applicant, Paul Green has been involved in the movie and production industry 

for over 28 years as a camera operator, production sound, editor, producer, and director of 

photography. Paul is responding to a growing demand from his clients to offer aerial 

photography and videography services to his service offerings. Paul has been involved in the 

building and piloting of remote controlled aircraft earlier in life. His primary pilot, Don Lien, has 

been an FAA certified pilot since 1989 and accumulated over 500 hours of flight time in single 

engine aircraft. 

Summary 

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 CFR §21, subpart H; 14 CFR 

45.23(b); 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) and (b); 91.215(a) &(b); 91.131 (d); 91.405 (a); 91.407 (a) (1); 91.409 (a) 

(2); 91.409 (a) (2) and 91.417 (a) &(b) to commercially operate a small unmanned vehicle 

(551bs or less) equipped to conduct aerial videography and photography services. 

Approval of exemptions allowing commercial operations of sUASs to conduct aerial videography 

and photography services will enhance safety by reducing risk. Conventional photography 

operations, using jet or piston powered aircraft, at extremely low altitudes, often very close to 

the subject being filmed and in close proximity to people and structures; and present the risks - 

associated with vehicles that exceed 3,000Ibs., carrying large amounts of jet A or other fuel (140 

gallons for jet helicopters). In contrast, a sUAS weighing fewer than 55 Ibs. 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 location. The sUAS will carry no passengers or 

crew and, therefore, will not expose them to the risks associated with manned aircraft flights. 

0 
The operation of small sUASs, weighing less than 55 Ibs., conducted in the conditions outlined 

above, will provide an equivalent level of safety supporting the granting 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 but under 500 feet AGL, and within a limited area and, as a result, are far safer than 

conventional flight operations conducted with turbine helicopters operating in close proximity to 

the ground and people. 

Privacy 

AII flights will occur over private or controlled access property with the property representative or 

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. 

AII flights will occur in accordance with any state or local laws regarding privacy. 

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 

granting of.the requested exemptions allowing commercial operation of applicant's sUAS in the 

aerial videography and photography services industry. 

Sinc , 

~- 

~ ~ 

Paul C. Green 

Flight AV, Inc. 

Managing D ~ ector, Flight AV 

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