16164 Lakeside Ave SE 

Prior Lake, MN 55372 

T 952-440-5422 

C 612-839-8320 

cmewert@integraonline.com 

DEVOR PRODUCTIONS, LLC 

Mark Ewert - President/Owner

September 2, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. SE 

West Building Ground Floor, Room W12-140 

Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

 Regulations from: 14 CFR Part 21 Subpart H, 14 CFR 61.23(a) and (c), 14 CFR 61.113(a) and (b), 14 CFR 

 61.101(e) (4) and (5), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151, 14 

 CFR 91.405, 14 CFR 407, 14 CFR 409, 14 CFR 417

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, Devor Productions, LLC, an operator of Unmanned Aircraft Systems (“UASs”) for aerial photography and 

videography for the real estate, motion picture and television industry, hereby applies for an exemption from the 

listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its small unmanned aircraft system 

(“UAS”) in airspace regulated by the Federal Aviation Administration (“FAA”). 

Devor Productions, LLC’s requested exemption would permit the operation of a small, unmanned UAS under 55 

pounds to conduct aerial video and photography under the operational control of a individual holding at least a 

Private Pilot certificate; under direct control of a Pilot in Command (PIC); within Visual Line Of Sight (VLOS); 

while utilizing a second person for the purpose of a Safety Observer. As established by the exemptions already 

granted by the FAA, approval of Devor Productions, LLC’s exemption would enhance safety and fulfill the 

Secretary of Transportations (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: 

Devor Productions, LLC

ATTN: Mark Ewert

T: 952-440-5422

email: cmewert@integraonline.com

Address: 16164 Lakeside Ave SE Prior Lake, MN. 55372 

Regulations from which the exemption is requested: 

14 CFR Part 21 Subpart H, 14 CFR 61.23(a) and (c), 14 CFR 61.101(e)(4) and (5), 14 CFR 61.113(a) and (b), 14 

CFR 91.103, 14 CFR 91.109, 14 CFR 91.119,14 CFR 91.121, 14 CFR 91.151, 14 CFR 91.405, 14 CFR 407, 14 

CFR 409, 14 CFR 417 

The UAS operated by Devor Productions, LLC weighs less than 55 pounds, including the payload

(i.e. camera, lens and gimbal). It operates at a speed of no more than 50 knots, can hover and can move 

vertically and horizontally, simultaneously. Devor Productions, LLC will only operate its UAS in line of sight, below 

400 feet AGL and operate under the control of a FAA certified private pilot with a additional person as a safety 

	 	 
observer. Such operation will ensure that the UAS will “not create a hazard to users of the national airspace 

system or the public.” 

Given the small size of Devor Productions, LLC’s UAS and the safety considerations proposed in this petition, 

Devor Productions, LLC’s UAS operations adhere to the Reform Act’s safety requirements. Additionally, due to 

the size of the UAS and the proposed use in which it will operate, approval of this application presents no 

national security issues. Based on the level of safety surrounding the proposed operations, and the significant 

public benefit: marketing of real estate, corporate employee safety training, increase in local revenue and the 

reduction of environmental impacts such as emissions and noise from no longer using helicopter services for the 

same purposes, the grant of the requested exemption is in the public interest. Accordingly, Devor Productions, 

LLC respectfully requests that the FAA grant the exemption.

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Aircraft and Equivalent Level of Safety 

The operating limitations proposed by Devor Productions, LLC provide for at least an equivalent or higher level of 

safety to operations under the current regulatory structure. Devor Productions, LLC agrees to be bound when 

conducting UAS operations. The list of limitations and conditions include the following: 

Operations authorized by this grant of exemption is limited to the DJI Inspire 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. 

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

The UA may not be operated at a speed exceeding 50 knots (57 miles per hour). The exemption holder may 

use either ground speed or calibrated airspeed to determine compliance with the 50 knot speed restriction. 

In no case will the UAS be operated at airspeed greater than the maximum UAS operating airspeed 

recommended by the aircraft manufacturer. 

Flights will be operated at an altitude of no more than 400 feet AGL and not more than 200 feet above an 

elevated platform from which filming is planned. 

An FAA licensed airman with at least a private pilot’s certificate will oversee flight operations to ensure the 

highest degree of safety. 

The UAS must be operated within visual line of sight (VLOS) of the pilot in charge (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. 

All operations must utilize a Visual Observer (VO). The UAS 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/her designation for the duration of the flight. 

The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe 

operation. 

Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for 

safe flight. 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 condition for safe flight. 

The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection and life 

limit for the aircraft and its components. 

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 permitted. 

The UAS 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 

airports management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter 

of agreement must be made available to the Administrator or any law enforcement official upon request. 

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If the UAS loses communication or loses its GPS signal, the UAS will have the capability to return to a 

predetermined location and land. The location will be clear of all persons or property. 

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

The 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 practical. 

The UAS must remain clear and give way to all manned aviation operations and activities at all times. 

The operator will obtain consent of all persons involved in the filming and ensure that only consenting 

persons will be allowed within 50 feet of the flight operation. Additionally, the operator will obtain consent to 

film over private property from the property owner. 

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. 

For the purpose of closed-set motion picture and television filming and production, the following additional 

conditions and limitations apply and will be adhered to. 

The operator must have a motion picture and televisions operations manual (MPTOM) as documented in 

this grant of exemption. 

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. 

Dates and times for all flights 

Name and phone number of the operator for the UAS aerial filming conducted under this grant of 

exemption 

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

Make, model and serial or N-number of UAS to be used 

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

A statement that the operator has obtained permission from property owners and/or local officials to 

conduct the filming; a list of those who gave permission must be made available upon request 

Signature of exemption holder or representative 

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 

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Regulations From Which Exemption Is Requested: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

Given the size and limited operating area associated with the UAS to be utilized by Devor Productions, LLC, this 

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 

the UAS 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 a UAS operated without an Airworthiness Certificate, in a 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. 

14 C.F.R. § 61.23(a) and (c): Medical Certificates 

Exemption #11221, #11284 and many others have provided that a U.S. driver’s license could be used in lieu of 

the medical certificate and provides an equivalent level of safety. 

14 C.F.R § 61.101(e)(4) and (5): Recreational Pilot Privileges and Limitations &

14 C.F.R. § 61.315: Sport Pilot Limitations 

Exemption #11221, #11284 and many others have declared that there is an equivalent level of safety as the 

FAR’s by requiring the PIC to “hold either an airline transport, commercial, private, recreational or sport pilot 

certificate.” Likewise, Devor Productions, LLC is also performing commercial UAS work and is asking for the 

same restrictions which have been previously deemed to provide an equivalent level of safety as the prescribed 

regulations. 

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command 

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the UAS will not carry a 

pilot or passengers, the proposed operations can achieve an equivalent level of safety of current operations by 

requiring all operations to be supervised by (at minimum) an individual holding private pilot’s license rather than 

requiring that individual to hold a commercial pilot’s license to operate a small UAS. Unlike conventional manned 

aircraft, a ground-based operator remotely controls a UAS. The operational area is limited, and all flights are 

planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. The risks associated with the use of a UAS are far 

lower from those associated with commercial operations contemplated by Part 61. Allowing operational control of 

a UAS by a private pilot exceeds the present level of safety sought by 14 C.F.R. § 61.113(a) and (b). 

14 C.F.R. § 91.103: Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level of 

safety will be provided. The PIC will take all actions, including reviewing weather, airspace, NOTAMS, TFR’s 

flight battery requirements, landing and take off distance and performance data before commencement of flight. 

Additionally, the UAS will be checked for security of attached components prior to every flight. 

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

Section 91.109 states, “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.” The proposed UAS will be operated 

utilizing computer assisted controls to maintain controlled flight, and the UAS is programmed to return to a level 

attitude and hover when the controls are returned to the neutral position. Because of these built-in safety 

features, dual control is not necessary in order to maintain an equivalent level of safety proposed by section 

91.109 during training. All training will be conducted in a controlled environment as to not cause undue harm or 

damage to persons or property. 

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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. Because of 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 feet AGL. In addition, the low-altitude operations of the UAS will ensure separation between these 

small UAS operations and the operations of conventional aircraft that must comply with section 91.119. 

14 C.F.R. § 91.121: Altimeter Settings 

Section 91.121 requires each person operating an aircraft to maintain altitude by reference to a altimeter that is 

set “...to the elevation of the departure airport or an appropriate altimeter setting before departure.” As a UAS 

may not have a barometric altimeter, but instead reference a GPS altitude, an exemption is needed. The 

operator will achieve an equivalent level of safety, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 

14 C.F.R. § 91.151: 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...”

The battery powering the proposed UAS provides approximately 22 minutes of powered flight. Therefore, the 

UAS cannot meet the 30 minute reserve requirement in 14 C.F.R. § 91.151. In lieu of this requirement the UAS 

flight will be terminated at approximately 25% remaining battery life or better. Devor Productions, LLC believes 

that an equivalent level of safety can be achieved by limiting flights to 25% of battery power. This restriction 

would be more than adequate to return the UAS to its pre-determined landing zone from anywhere in its limited 

operating range. 

Devor Productions, LLC is not seeking an exemption for night-time UAS operations. 

14 C.F.R. § 91.405: 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 air worthiness certificate, these sections will 

not apply to Devor Productions, LLC operations. Maintenance will be accomplished by the operator in 

accordance with the manufacturers recommended procedures. An equivalent level of safety will be achieved 

because the UAS is limited in size, will carry a small payload and operate only for limited periods of time. A preflight inspection will be performed prior to every flight to ensure no mechanical issues are present. If mechanical 

issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. The 

operator will ensure that the UAS is in working order prior to flight and perform any required maintenance. 

Moreover, the operator is the person most familiar with the UAS and best suited to maintain it in a airworthy 

condition. 

14 C.F.R. § 91.407: Operation After Maintenance 

Functional check flights will be conducted away from people or property after any maintenance has been 

accomplished on the UAS. The UAS may be returned to service once it has been determined to be safe for flight. 

14 C.F.R. § 91.409: Inspections 

Due to the small size of the UAS that will be operated by Devor Productions, LLC and its limited components, we 

request that the UAS be exempt from regularly scheduled inspections. To meet an equivalent level of safety 

sought by 14 C.F.R. § 91.409, the UAS will be inspected prior to flight. Since the UAS will have limited 

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