Jonathan B. Hill

+1 202 776 2725

jhill@cooley.com

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM

May 26, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Summary Processing: Exemption Request Section 333 of the FAA Reform Act 

and Part 11 of the Federal Aviation Regulations

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, Kaze Aerial Productions, Inc. (“Kaze Aerial”), operator of Small 

Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography for commercial 

flights for aerial photography and filming, both on closed sets and in other environments

(hereinafter “the Purpose”), hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) 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 in an exemption granted under either Section 333 or Section 49 U.S.C. §44701(f). As set 

forth, Kaze Aerial asks that this application be processed under the FAA’s Summary Approval 

Process. To that end, Kaze Aerial will accept the conditions set forth in Exemption No. 11062 

and 11360 (the “Closed Set Exemptions”) for closed set operations and the conditions set forth 

in Exemption No. 11447 (the “General Aerial Photography Exemption”) and for both aerial data 

collection and closed set filming, Exemption 11473..

As this Exemption request is identical to the Closed Set Exemptions and the General 

Aerial Photography Exemption already granted, this Exemption should qualify for summary 

processing as the FAA has already given public notice of and granted similar exemptions. The 

FAA has issued grants of exemption in circumstances similar in all material respects to those 

presented in this 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.” As with the approval of the Closed Set

Exemptions and the General Aerial Photography Exemptions, 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.
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The name and address of the applicant is:

Dr. John G. Duesler, Jr.

Kaze Aerial Productions, Inc.

74 Radburn Road

Huntingdon Valley, PA 19006

Regulations from which the exemption is requested:

14 C.F.R. 61.23 (a) and (c)

14 C.F.R. 61.101 (e) (4) and (5)

14.C.F.R. 61.113 (a)

14 C.F.R. 61.315 (a)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.119 (c)

14 C.F.R. 91.121

14 C.F.R. 91.151 (a) (1)

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (1) and (2)

14 C.F.R. 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 

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 UASs size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports 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)1.

The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform 

Act, expressly grants the FAA the authority to issue exemptions. This statutory authority by its 

 1 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.
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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 the Transportation 

Act if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f). See 

also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1). 

Kaze Aerial is an established provider of video services. Kaze Aerial UASs are rotorcraft 

(four to eight rotors), weighting 55 or fewer lbs. including payload. They operate, under normal 

conditions, at a speed of no more than 87 knots. Kaze Aerial aircraft have the capability to 

hover, and move in the vertical and horizontal plane simultaneously. They will operate at 

altitudes of no more than 400 feet, as further explained, and only in line of sight. They will 

operate only within the areas as described in the Flight Operations Manual (“FOM”) and Aircraft 

Flight Manuals (“AFMs”) attached as Exhibits 1 through 3 and for closed set operations they 

also will operate in accordance with the Movie Production and Television Operations Manual 

(MPTOM) attached as Exhibit 4 (hereinafter “the Manuals”)2

. Operations in compliance with 

these manuals will ensure that the sUAS will “not create a hazard to users of the national 

airspace system or the public”3 and that the aircraft will operate in compliance with the 

conditions set forth in this application.

This request covers operations using two models of sUAS, as follows:

1. DJI Phantom 2 sUAS

2. Freefly Cinestar 8

Aircraft Flight Manuals are being submitted for each of the proposed sUAS models.

Given the small size of the sUASs involved and the restricted 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, the restricted 

areas in which the relevant sUASs will operate and the fact that aircraft will be flown by pilots 

holding at least a FAA pilot license, 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 battery powered 

 2 Applicant submits the FOM and AFM for each aircraft applied for hereunder and its MPTOM, 

marked “CONFIDENTIAL”, as they contain propriety business information that is not 

released to the public and is protected under the Freedom of Information Act 5 U.S.C. § 553 

etc.

3 Reform Act Section 333 (b).
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UASs for these functions instead of turbine or gas power aircraft/rotorcraft and operations with 

pilots having at least a private pilot license, 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 states that operating in compliance with the conditions set forth in 

Exemptions 11062, 11360 and 11447 will provide an equivalent level of safety to operations 

conducted with the listed aircraft without the grant of the requested exemption.

The FAA has granted exemptions to the following regulations in the listed exemptions;

14 C.F.R. §§ 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), 91.405 (a)(1), 91.409 (a) (1) and (2) and 91.417(a) and 

(b) to allow closed set filming and aerial data collection (See, FAA Exemptions 11360 -; 11473)

14 C.F.R. Part 61: 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 hold a 

certificate issued by the FAA authorizing operation of any aircraft (ATP, Commercial, Private, 

Recreational or Sport). 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 Manual. 

The level of safety provided by the requirements included in the Manual exceeds 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 any certificate issued by the FAA as the PIC exceeds 

the present level of safety achieved by 14 C.F.R. Part 61. The FAA has granted exemptions for 

private pilots to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.

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 are helicopters and the exemption requests authority 

to operate at altitudes up to 400 AGL an exemption may be needed to allow such operations. 

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

operate at higher than 400 AGL. 

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 
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property owner, facility owner and local officials. Because of the advance notice to the property 

owner and participants all affected individuals will be aware of the planned flight operations as 

set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting 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 aerial photography industry. In addition, the lowaltitude 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. The FAA has 

granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 

11447.

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 each sUAS model in at least one operating 

mode will not have a barometric altimeter, but instead a GPS altitude read out, an exemption 

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

Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. The FAA has granted exemptions to conduct similar operations 

in Exemptions 11062, 11213, 11360 and 11447.

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.” 

The battery powering the sUAS provides approximately 40 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and 

the location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 C.F.R. § 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.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 

5 minutes of reserve time on the batteries. This restriction would be more than adequate to 

return the sUAS to its planned landing zone from anywhere in its limited operating area.
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Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, 10808 and Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. Part 91: 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 section 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 flight manual and operating handbook as referenced in the FOM

attached as confidential See Exhibit 1. 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 

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 FOM 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. The FAA has granted exemptions for similar operations in 

Exemptions 11062, 11213, 11360 and 11447.

*********

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. §§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), 91.405 (a)(1), 91.409 (a) (1) and (2) and 91.417(a) 

and (b) to operate commercially a small unmanned vehicle (55 lbs. or less) in motion picture 

and television operations and aerial data collection. 

Approval of exemptions allowing commercial operations of sUASs for filming for motion 

picture and television work, both for closed set and in other environments, and aerial data 

collection will enhance safety by reducing risk. Conventional 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 6,000 lbs., carrying large amounts of jet A or other fuel (140 

gallons for jet helicopters). Such aircraft must fly to and from the project 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 
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the target area 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, weighting 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. These lightweight aircraft operate at slow speeds, close to the 

ground, and in areas that are under the control of the customer for the inspections and, as a 

result, are far safer than conventional operations conducted with turbine helicopters operating in 

close proximity to the ground and people or the use of people to climb the structures to conduct 

the inspection. 

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 for the 

Purposes outlined herein and are consistent with exemptions already granted, including 

Exemptions 11062, 11063, 11064, 11065, 11066, 11067, 11062. 11360, 11447 and 11473.

Sincerely,

Jonathan B. Hill

Cooley, LLP

Counsel for Kaze Aerial Productions, Inc.

John McGraw

John McGraw Aerospace Consulting, LLC 

Agent for Kaze Aerial Productions, Inc.

cc: James Williams

Robert Pappas

Jake Troutman

Dean Griffith

Thuy H. Cooper
Exhibit 1

(Confidential)
Exhibit 2

(Confidential)
Exhibit 3

(Confidential)
Exhibit 4

(Confidential)