Pictorvision films the movie “Wild Hogs,” an activity it can now do using unmanned aircraft. Photo courtesy Pictorvision.

by Scott Kesselman

The U.S. Federal Aviation Administration announced today that they are granting an exemption to six aerial photo and video production companies for the use of small unmanned aircraft systems for filmmaking in the United States.



Secretary of Transportation Anthony Foxx, speaking at a press conference, said in these cases the operation of UAS “does not pose a risk to national airspace users.”  He also said, “It’s a crucial step for the integration of UAS into our aviation system,” and that companies seeking approval now have a model for doing so.



Currently UAS generally cannot be used for commercial purposes in the United States. While rules for the safe integration of SUAS into the national airspace are not expected until later this year, the exemption is allowed under Section 333 of the FAA Modernization and Reform Act of 2012. 



This allowance does come with limitations, however as the aircraft must be operated by a three-man team, including a UAS operator with private pilot certification.  All flying must be done within line-of-sight and can’t be operated at night.  The operator must also submit a detailed plan of operations three days before any filming takes place with an inspection of aircraft before flights.



Early this summer, seven film companies filed highly similar petitions with the FAA to fly small unmanned aircraft systems less than 55 pounds to a height of no more than 400 feet on a closed set.



“As part of their petition, these firms asked the FAA for exemptions from regulations that addressed general flight rules, pilot certification requirements, manuals, maintenance, and equipment mandates,” FAA administrator Michael Huerta said at the press conference. “To receive the exemptions the firms had to show that their UAS operations would provide an equivalent level of safety to the rules and the operations and would be in the public interest.”



The companies that filed petitions were Flying-Cam, HeliVideo Productions LLC, Aerial MOB LLC, Pictorvision Inc., RC Pro Productions Consulting LLC, Astraeus Aerial and Snaproll Media LLC. The only company not to receive an exemption today was Flying-Cam, which is working with the FAA to provide additional required information.



Before today’s announcement the FAA had only granted two commercial permits for UAS in the United States, for use in rural Alaska for inspection of oil operations and under heavy restrictions.



“The FAA’s announcement represents another important milestone in unlocking the commercial potential of UAS technology,” says Michael Toscano, President and CEO of AUVSI. “The film and television industry has safely used UAS technology abroad for years in the productions of movies such as ‘Skyfall’ and ‘The Hunger Games.’”



Van Nuys, California-based Pictorvision, one of the companies granted an exemption, has worked on a number of movies using manned aerial systems, including both “Avengers,” both “Amazing Spider-Man” films and “Man of Steel.”



Company president Tom Hallman says hundreds, possibly thousands of man-hours went into the application process, and he’s proud that the seven companies were able to come together and approve hundreds of pages of policy. Huerta cited their work as an example for other industries seeking exemptions to follow.



“…We saw the importance of coming together to create thorough, safe and reasonable operating policies and procedures in order to advance the industry,” Hallman wrote in an email to AUVSI.



He noted that the companies will have the same safety levels as manned aircraft, but can be more cost effective. The team said the exemption “gives us the ability and resources to advance the market from the high-end hobbyists … to a truly professional aerial cinematography.”



It also “puts the U.S. back on par with Canada and many other countries that either have no restriction or a clear process to get approvals.”



The Motion Picture Association of America has developed a safety procedures manual to help facilitate the petition for future applicants. The FAA encourages other associations to do the same.



“Still, the FAA can and must do more,” says Toscano. “Several other companies and industries have requested exemptions to fly for various low-risk, commercial purposes such as precision agriculture and mining surveys, The FAA should grant these exemptions to not only help businesses harness the tremendous potential of UAS, but also help unlock the economic impact and job creation potential of the technology.”



40 other companies have applied for exemptions under Section 333 in the U.S. including Amazon.com Inc. and Aerovironment Inc., a provider of military and police UAS. Once FAA restrictions on UAS are lifted they are expected to create 100,000 jobs and $82 billion in economic impact within 10 years, according to an AUVSI economic forecast.