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Images of Sommer

401 E. Ring Factory Road

Bel Air, Maryland 21014

info@billrettberg.com

August 14, 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 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) 

& (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) 

& (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

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, Images of Sommer, developer and operator of Small Unmanned 

Aircraft Systems (“sUASs”) equipped to conduct aerial photography for the motion picture, 

television and commercial video industry, 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 as required by Section 333.

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:

Images of Sommer

Ph: 410-893-3620

Email: info@billrettberg.com

Address: 401 E. Ring Factory Road, Bel Air, Maryland, 21014
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Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

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 

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 and populated

• 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) A

_________________________________________________________________________

A 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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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 also 49 USC 

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

Images of Sommer’s sUASs are rotorcraft, weighting 55 or fewer lbs. 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 

in line of sight and will operate only within the sterile area described in the Flight Safety 

Manual, attached as Exhibit B (hereinafter “the Manual”). Such operations will insure that the 

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

Given the small size of the sUASs 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 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, 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.

__________________________________________________________________________

B Reform Act Section 333 (b).
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These limitations and conditions to which Images of Sommer agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

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 20 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 25 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, and 

the Camera Operator.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third 

class medical. The observer will hold at least a third class medical.

7. sUAS Pilot will be Pilot in Command (PIC).

8. The UAS will only operate within a confined “Sterile Area” as defined in the Manual. Section 

C of the Manual requires the establishment of a “Security Perimeter” for the flight operations 

area.

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 safety perimeter 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.

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 determination, as required 

by Section F of the Manual. With the advanced permission of the relevant FSDO, operations at 

closer range can be approved. (See Section B in the Manual Appendix B)

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

proposed shoot as required in Section C of the Manual.

13. Pilot and observer will have been trained in operation of UAS generally and received upto-date information on the particular UAS to be operated as required Sections G of the Manual.

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 pre-determined 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 
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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 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.

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 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 
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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.

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 have a private pilot’s 

license rather than a commercial pilot’s license to operate this small UAS. 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 a private pilot as 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 Manual for maintenance 

and use of safety check lists prior to each flight, as set forth in Sections C & D, 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.
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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.

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 Sections D of the Manual. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight.

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.

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 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.

Safe simulation and practice flight will be carried out in controlled environments. All 

simulations will be carried out on a computer using the drone controls. Any practice flying will 

take place in a safe environment, with no risk to human life below.

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 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 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 

consent.
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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 Section C of 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 movie industry. In 

addition, the low-altitude operations of the sUAS will ensure separation between these smallUAS operations and the operations of conventional aircraft that must comply with Section 

91.119.

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 Manual and Safety Checklist, 

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.”

The battery powering the sUAS provides 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. 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 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.
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Applicant believes that an equivalent level of safety can be achieved by limiting flights to 25 

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:

(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 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.

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 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 

Manual.(See Sections B, D and G) 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 
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Manual, 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.

Approval of exemptions allowing commercial operations of sUASs in the film 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 shown below). 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, 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, 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.

UASs Details: See Appendix B

Safety Features:

● Emergency “Return-To-Home” / One-Key Go-Home

○ At the beginning of each flight a home point is set. This home 

point is set in accordance with the manual to allow for a safe takeoff and return. Should the pilot’s control lose signal with the UAS 
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or manually request a return, the UAS will return to the starting 

point. (See section 6.4 of the device manual)

● Built in No Fly Zone Database, with no-fly perimeters around all 

airports.(See Appendix A)

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.
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Appendix A: Maryland No-Fly Zones

The below no-fly zones are built into the crafts firmware. The No-Fly zones are broken down 

into 2 categories: red and blue. The red zones are around larger airports and as an added 

layer of security the UAS cannot take off from within the Red zone (1.5 miles radius). With 

smaller airports(blue), the UAS will be unable to fly or take off within 0.6mi for the restricted 

area. Although these zones show areas where the UAS is unable to fly, Images of Sommer’s 

Pilots will not operating within 5 nautical miles of any airport.

As a safety precaution, Images of Sommer’s pilots will not operating within 5 nautical miles of 

any airport similar to the permission granted in Exemption No. 11153 - Regulatory Docket No. 

FAA20140519, page 25, "20. The UA may not operate within 5 nautical miles of an airport 

reference point as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airports management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operators COA. The letter of agreement with the 

airport management must be made available to the Administrator upon request."

As well as in Exemption No. 11195 - Regulatory Docket No. FAA20140884, page 12, "19. The 

UA may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airports 

management is obtained, and the operation is conducted in accordance with a Notice to 

Airmen (NOTAM), as required by the operators Certificate of Waiver or Authorization (COA). 

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

Administrator upon request."

Images of Sommer requests the same flexibility as exemptions 11153 and 11195 for acquiring 

agreement with the airports' management should operations fall within 5 nautical miles of an 

airport. 

Firmware Restricted Zones
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Baltimore/Washington International

Washington DC/ Andrews Air Force Base Airport
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Appendix B: Safety Manual

A. Maintenance 

a. The UAS must be inspected by a factory trained technician every 10 flight hours. 

All maintenance records will be maintained for inspection as set forth in Section 

B. 

b. If any maintenance is undergone, the UAS must pass a flight test with both a pilot 

and a manufacturer trained technician before flight. 

B. Record Keeping

a. A digital record will be kept for all flights, flight times, and maintenance records. 

C. Securing Flight Site

a. FSDO Submissions

i. The UAS 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.

b. Safety Parameter

i. Before filming occurs, a 100 yard perimeter from the planned flight path 

will be identified in order to set a “sterile” environment for the operation.

1. Images of Sommer must obtain written or oral permission from all 

landowners in sterile environment. 
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2. 48 hours before filming, all residents or businesses within 100 

yards of the filming will be notified with printed flyers.

a. Flyers will contain date of flight, time of flight, and contact 

information.

3. Streets and sidewalks that cross into the sterile environment will 

be marked with “Warning Low flying Aircraft - Stay Back 150ft” 

signs to warn the public.

4. At all times Images of Sommer will carry $1mm in general liability 

insurance in case of any damage to property or persons within the 

safety parameter

c. Identify potential obstacles 

i. Before each flight, an inventory will be taken for all potential obstacles 

that must be avoided while in flight. Including:

1. Powerlines

2. Cell Phone Towers

3. Trees

4. Flocks of birds that may take flight

5. Heavily traveled roadways

6. Utility wires

7. Elevated structures

8. At least 5 nautical miles from the nearest airport or helipad.

D. Pre-Flight Checklist

a. Take Off Location/ “Home”

i. The UAS will mark its take off location as a safe area to return to should 

the UAS lose signal with the control or if the pilot signals the craft to 

return to its “home” location.

1. Take off location will be in an area with a 25ft radius with no 

obstructions, maintaining said radius vertically 200ft.

2. The UAS will take off and land in the same location.

3. GPS Altimeter will be marked as 0’ elevation

b. Flight Canceling Events

i. All flights will be cancelled for a minimum of 2 hours if any of the below 

occur:

1. Police activity in the area

2. Low flying aircraft in the area

3. Medical/News Helicopters active in the area

4. Wind exceeding 10 mph

5. Any emergency requiring emergency services occurs within the 

sterile environment

6. PIC is unable to complete flight without losing visual of the UAS

7. Any precipitation 

8. Heavy bird presence in the area that could cause a mid-air 

collision.

9. Any defects or damage found during preflight exam
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c. Physical Inspection

i. Before each flight the UAS will be checked to ensure that it is safe for 

flight.

1. Battery voltage will be checked to ensure it is >75%

2. Blades will be inspected to ensure they are tightened and free of 

damage

3. Camera mount and gimbal will be inspected to ensure it is fully 

attached and operating.

4. UAS will be checked for any damage that may have taken place in 

transit.

5. The UAS will be tested at a low altitude to ensure all controls are 

responding correctly.

6. Battery checked for damage that could affect its charge

ii. If any party of the inspecting shows a damaged part or parts, the UAS is 

deemed non-usable and must be inspected by a factory trained 

technician./ 

d. Post Flight Inspections/Checklist

i. After each flight, the the UAS will be thoroughly inspected for any damage 

that occurred in flight. 

1. Body inspected for any damage

2. Blades visually checked for any damage at all

3. Battery checked for damage

E. Mid-Air Safety Protocol

a. Max Speed

i. Accent

1. 6m/s

ii. Decent

1. 2m/s

iii. Flight Speed

1. The UAS is never to exceed 10m/s

b. Altitude

i. The UAS is never to exceed 400ft

c. Emergency

i. If it appears that the UAS, any property or humans are at risk, the UAS 

will be grounded immediately to a safe location.

d. Sight

i. The pilot must keep the UAS within eyesight at all times unassisted by 

any technology. 

F. Participation by non-pilot staff

a. All staff involved in the production or filming using the UAS will consent to 

maintain a safe distance of at least 30 ft during the filming.

G. Pilot/Spotter Training

a. Before flying, both the Pilot and spotter will receive updated information on the 

UAS and its firmware. 
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i. The controller allows for a simulator training, both the pilot and spotter are 

allowed to run through the simulator training 

Appendix B : UAS Information

DJI Phantom 

Model: Phantom III Professional

S/N: P77DCF17013865
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See Appendix C for user manual

Appendix C: User Manual
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