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 

June 17, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: FAA Docket 2015-0430 Supplement to Exemption 11559 - Approval of Operations 

 From a Moving Platform

Dear Sir or Madam: 

On May 12, 2015, the FAA issued to Helicopters West LLC. (“Helicopters West”) 

exemption No. 11559 ( the “Exemption”) under Section 333 of the FAA Modernization and 

Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11. (FAA Docket 2015-0430). That 

exemption authorized the commercial operation of the DJI Inspire 1 and the SkyJib 8 under the 

terms and conditions contained in that Exemption, including closed set filing for television and 

movies. On June 11, 2015, Helicopters West requested summary action for approval to operate 

the SkyJib 8 with a second flight control system. That request for a modification of Exemption 

11159 is pending as of this date. 

This request is asking for approval to conduct commercial operations, filming for the 

television and movie industry, with a sUAS operated and controlled from a moving platform1. 

The FAA has approved closed set filming from a stationary point with conditions that applicant 

accepts in their entirety. On top of those protections applicant proposes to add significant new 

safety enhancements that are outlined herein. Taken together these layers of safety 

enhancements provide not only an equivalent level of safety but an enhancement of safety over 

current operations. 

In support of this request, Helicopter West submits, on a confidential basis, its 

“Helicopter West LLC sUAS Operations Manual for Filming from a Moving Vehicle” (OMFMV).2

 

This 113 page manual sets forth a strict regime to be followed prior to, during and following 

filming from a sUAS controlled from a moving platform. These procedures, which include a 

 

1

 Any exemption granting the requested relief should not expire with the effectiveness of the 

small UAS rule presently under consideration. As that rule does not presently allow control 

of a sUAS from all of the moving platforms addressed herein, unless the final rule 

incorporates such authority, any exemption granted in response to the this petition should 

be independent of the small UAS rule. 

2

 Applicant submits the amended OMFMV, marked “CONFIDENTIAL”, as it contains 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. 
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requirement for rehearsal of all sUAS flight controlled from a moving platform, will provide not 

only an equivalent level of safety but an enhanced level of safety for operations that are 

currently conducted with manned aircraft or from other vehicles that weigh orders of magnitude 

more than the sUAS. Current operations to obtain film that includes action conducted over 

areas beyond line of sight of a stationary pilot and observer, are conducted with helicopters. 

These operations present dangers associated with the carriage of flammable fuels, passengers 

and crew, as well as dangers associated with bringing the vehicle to the filming site, that are not 

presented with the sUAS, whether controlled from a stationary point or a moving platform. 

 

 The FAA has issued grants of exemptions to operators, such as Helicopter West, for 

closed set filming. 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 sUAS operation enabled by those 

exemptions are in the public interest. As with the approval of the Closed Set Exemptions and 

the General Aerial Photography Exemptions, approval of this exemption allowing filming to be 

controlled from a moving platform would also 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: 

Helicopter West LLC 

Attn: John D. Sarviss 

495 Aviator Lane 

Tuscumbia, Alabama 35674 

Ph: 661-810-9456 

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) 
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This amended exemption application expressly fulfills 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 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)3. 

 Helicopter West’s business and its proposed uses for the aircraft, as modified, are 

described in its original and amended exemption application in this docket, which are 

incorporated herein. These aircraft will operate at altitudes of no more than 400 feet, as further 

explained, and only in line of sight of the PIC, even while in a moving vehicle. They will operate 

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

Flight Manuals (“AFMs”),the motion picture and television operations manual (“MPTOM”) and 

the OMFMV, all of which have been submitted confidentially in this docket. 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”4

 and that the aircraft will operate in compliance with 

the conditions set forth in this application. 

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

area, 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 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 

 

3

 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. 

4

 Reform Act Section 333 (b). 
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environmental impacts, including reduced emissions associated with allowing battery powered 

UASs for these functions instead of turbine or gas power aircraft/rotorcraft and operations with 

pilots having at least a commercial pilot license, the grant of this requested exemption is in the 

public interest. Accordingly, the applicant respectfully requests that the FAA grant this 

amendment without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECURITY 

Helicopter West states that operating in compliance with the conditions set forth in its 

Manuals, most specifically the OMFMV, will provide an equivalent level of safety for the 

operation of the its two approved aircraft types, controlled from a moving platform. 

“Conventional filming operations” – filming using jet or piston power helicopters, operate at 

extremely low altitudes just feet from the subject being photographed 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 sUAV 

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 UAS. The sUAV is carried 

to the target area and not flown. The sUAV will carry no passengers or crew and, therefore, will 

not expose them to the risks associated with manned aircraft flights. These lightweight aircraft 

operate at slow speeds, close to the ground, and in “sterile areas” that are under the control of 

the operator, where all participants have received a safety briefing and, as a result, are far safer 

than conventional operations conducted with larger manned aircraft operating in close proximity 

to the ground and people. In the case of the moving platform, such as a helicopter, unlike the 

situation where filming is accomplished directly from the helicopter, the use of a sUAS , 

controlled from the helicopter, does not require that aircraft to operate in as close proximity to 

the subject or people in the immediate area. It can stand off, within line of sight, and control the 

sUAS as it films, thereby significantly reducing the exposure of those in the area. 

Currently filming, using helicopters, boats, cars and other vehicles, are operated by pilot 

and videographers carried in the specific vehicles. Helicopter crashes have taken more lives on 

film sets than any other type of accident in decades. Since 1980 33 film and TV workers have 

been killed in helicopter accidents. OMFMV at 10. Filming in moving vehicles is currently 

allowed using conventional methods, which exposes those involved and, those uninvolved but 

in the vicinity, to much higher risk than conducting the same operations using a sUAS, 

controlled from an aircraft, a car, watercraft or train, because of the size of the sUAS and its 

design not to carry people, fuel or heavy payloads and the location of the controlling vehicle. 

 Helicopters West has set out in Section 1.4 of the OMFMV a summary of a Safety Risk 

Management study associated with filming from a moving platform. Id.at11-20. Due to the highly 

confidential nature of this manual, we are only indicating those sections of the manual that bear 

directly on safety and maintaining an equivalent level or greater level of safety, under the 

procedures set forth in the manual. Greater discussion of the specifics would disclose 
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confidential information and procedures.5 That discussion is contained in the OMFMV to which 

we refer the FAA for its review and detailed discussion of safety steps that support and justify 

the grant of this exemption. 

Given the small size of the sUAVs involved, the restricted environment within which they 

will operate and the comprehensive and carefully thought out procedure set forth in the 

OMFMV, Applicant’s request 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 sUAVs to commence immediately, including allowing control of sUAS from other 

moving platforms. Due to the size of the sUAVs, the restricted areas in which they will operate, 

operation within line of site, the proximity to people and airports and the fact that they will be 

flown by highly qualified pilots or operated by operators who have been trained for these 

activities and hold at least state or federal licenses for the specific vehicles they will operate, 

approval of the application presents no national security issue and is within the criteria set forth 

by Congress in the enabling statute for approval. 

PUBLIC INTEREST 

The FAA has granted exemptions to the regulations listed on page 2 in the exemptions 

cited above. As discussed in detail for each of these regulations in the attached Appendix A, 

the public interest will be served by an exemption because, with respect to each, operation in 

compliance with the requested conditions will ensure an equivalent level of safety. As also 

explained at length in Helicopter West’s original Section 333 exemption request, the grant of this 

requested exemption is in the public interest given the clear direction in Section 333 of the 

Reform Act; the authority included 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, and the public interest benefits 

derived from allowing control of sUASs from moving platforms to create the wonderful visual 

effects that enthrall the movie and television audiences across the country. 

********* 

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) 

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

14 C.F.R. 61.113 (a) 

14 C.F.R. 61.315 (a) 

 

5

 See Order 8900.1, Vol. 3, Chapter 8 Certificate of Waiver for Motion Picture and Television 

Filming is one of the foundational sources from which the manual was developed. This 

waiver process currently allows filming from moving vehicle that poses significantly higher 

risks to all than those posed by allowing flight control of sUASs from moving platforms. 
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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) 

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

television operations and aerial data collection from other mobile vehicles. 

Approval of exemptions allowing commercial operations of sUASs for the uses 

requested will enhance safety by reducing risk. “Conventional operations”, no matter where or 

how they are controlled, using jet or piston power aircraft, the current source of filming from a 

moving platform, operate at extremely low altitudes in extreme proximity to people and 

structures present 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 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, nor, compared to “conventional operations” does it 

expose the “public” to commensurate risks. The moving platform from which the sUAS is 

controlled will not operate in the close proximity to people and structures it currently must in 

order to get the shots, instead standing off, within line of sight at all times and controlling the 

sUAS. An separate operator for the moving platform will control the platform and a cameraman 

will take the pictures. 

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 operating in a sterile controlled area, at 

relatively slow speeds, whether controlled from the ground or in a moving platform, are close to 

the ground, and in areas that are under the control of the applicant and, as a result, are far safer 

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

the ground and people. 

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 
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grant of the requested exemptions allowing commercial operation of applicant’s UASs for the 

purposes outlined herein. 

Sincerely, 

Jonathan B. Hill 

J. G. Harrington 

Cooley LLP 

Counsel for Helicopters West LLC. 

John McGraw 

John McGraw Aerospace Consulting, LLC 

Agent for Helicopters West LLC. 

cc: Bill Crozier 

Robert Pappas 

Jake Troutman 

Dean Griffith 

 Thuy H. Cooper 
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Appendix A 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

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

exemptions: 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) to allow aerial data collection and closed set filming (See, FAA Exemptions 11309,11460, 

11490 and the Exemption) 

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 sUASs 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 

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 
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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. 

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
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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 FOP 

attached as confidential. 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 FOP 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. 
Exhibit 1 

(Confidential)