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Volume 3  GENERAL TECHNICAL ADMINISTRATION

chapter 8  Issue a Certificate of Waiver for Motion Picture and Television Filming

Section 1  Issue a Certificate of Waiver for Motion Picture and Television Filming

3-211    PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE. 1230.

3-212    OBJECTIVE. The objective of this task is to review and issue or deny a request for a Federal Aviation Administration (FAA) Form 7711-1, Certificate of Waiver or Authorization (Figure 3-53), for motion picture and television operations and determine if an aircraft pilot/operator has developed an acceptable operations manual for use in motion picture and television filming production. Additionally, the aircraft pilot/operator will develop safe operating procedures, guidelines, and criteria to operate below the altitudes required in Title 14 of the Code of Federal Regulations (14 CFR) part 91, §§ 91.119(b) and (c), 91.303, and 91.515(a). Successful completion of this task results in the acceptance or nonacceptance of an operations manual, the issuance of FAA Form 7711‑1 for motion picture and television operations, or the disapproval of FAA Form 7711-2, Application for Certificate of Waiver or Authorization (Figure 3‑52).

3-213    GENERAL.

A.    Purpose of the Motion Picture and Television Certificate of Waiver.

1)    The motion picture and television industries utilize aircraft in support of their filming operations as both subject aircraft and behind‑the‑scenes aircraft. These aircraft are often required to be flown at altitudes and/or horizontal radii less than the minimums specified in §§ 91.119(b) and (c) and/or 91.515(a). Additionally, these aircraft are often required to perform aerobatic maneuvers below the minimum 1,500 feet above the surface as specified in § 91.303(e) or in proximity to persons, property, or airspace as specified in § 91.303(a) through (d).
2)    A waiver of § 91.515(a) is required for any flight below 1,000 feet above ground level (AGL). A waiver of the requirements of § 91.119(b) and (c) is necessary when aircraft must be flown closer than 500 feet from participating persons or property. If filming sequences require an aircraft to be flown in aerobatic flight below 1,500 feet AGL, or in certain congested areas, persons, or airspace, a waiver of § 91.303(a) through (e) is required. Blocks 1 through 10, 13, 14, 16, and 17 on FAA Form 7711-2 must be addressed in all cases.

B.    Definitions.

1)    Participating Person/Authorized Person. All persons associated with the filming production must be briefed on the potential risk of the proposed flight operation(s) and they must acknowledge and accept those risks. Nonparticipating persons are the public, spectators, media, etc., not associated with the filming production.
2)    Subject Aircraft. Any aircraft that is being filmed as part of a motion picture or television filming event.
3)    Behind-the-Scenes Aircraft. Any aircraft used in the filming event that is not the subject aircraft (e.g., camera aircraft, aircraft carrying lights for the scene, aircraft causing background noise or wind, or aircraft placing additional personnel into or around the scene but not in the scene).

C.    Considerations. Essential personnel may be filmed while on the exterior of, or entering or exiting an aircraft in flight. The following are possible scenarios:

1)    Airplanes that include traditional external activities such as wing walking, parachuting, air‑to‑air transfers, air‑to‑ground transfers, ground‑to‑air transfers, towing (banners or equipment), and other motion picture and television activities.
2)    Balloons that include rappelling, long-line operations, in-flight transfers, rope ladders, and other motion picture and television activities.
3)    Helicopter activities that include rappelling, long-line operations, external camera operators, and other motion picture and television activities may constitute an external load. However, the FAA does not provide Class B, C, or D certification for nonjettisonable activities. They would not be approved as external-load operations under 14 CFR part 133. Pilots and/or operators using these techniques will be required to demonstrate their ability to operate with these loads prior to being authorized for flight in the motion picture and television activities for motion picture production activities. The pilot may show competency if he or she has in his or her personal possession either a letter of competency or an appropriate logbook entry in accordance
with § 133.37(a)(1) and (2).

D.    Aircraft.

1)    Restricted and Experimental Category Aircraft.
a)    Serving as a camera platform for motion picture and television filming is one of the purposes for which FAA issues a restricted Category (CAT) airworthiness certificate under 14 CFR part 21, § 21.25(b)(3) (aerial surveying—photography).
b)    In order to be used in motion picture and television filming operations as the subject aircraft, the aircraft must have an airworthiness certificate issued in the appropriate CAT (e.g., experimental/exhibition or restricted (if demonstrating its purpose, in the film such as agricultural operations)).
2)    Helicopters. Helicopter operations are generally conducted under § 91.119(d). However, moviemaking helicopter operations below 500 feet AGL may create a hazard to persons or property on the surface by drawing nonparticipants into the area. Therefore, FAA Form 7711‑1 must be obtained for helicopter motion picture and television filming operations. If helicopters are to be used for aerobatic purposes under the provisions of this waiver, see Volume 3, Chapter 6, Section 1, subparagraph 3-155D.

E.    Forms Used. FAA Form 7711-2 is a multipurpose form used to apply for FAA Form 7711-1. Instructions for completion of FAA Form 7711-2 are in Figure 3-54. All blocks on the form may not be applicable to the application request.

F.    Submission. FAA Form 7711-2, including a proposed motion picture and television operations manual, should be submitted at least 45 days before actual filming begins. The completion and submission of FAA Form 7711-2 and a proposed operations manual is the sole responsibility of the applicant.

G.    Approval or Disapproval. Applications for FAA Form 7711-1 are processed at the geographically responsible Flight Standards District Office (FSDO). Within 30 days of receipt of FAA Form 7711-2, an approved FAA Form 7711‑1 or disapproval of the application must be issued by the district office. Upon approval, FAA Form 7711‑2 and the acceptable operations manual becomes part of FAA Form 7711-1. The jurisdictional FSDO Manager or his or her designated representative, who may be either the assistant manager or another supervisor from within that jurisdictional FSDO, shall sign the waiver for approval.

H.    Expiration Date. FAA Form 7711-1 expires 24 calendar-months from the date of issuance. FAA Form 7711‑1 for motion picture and television filming may be reissued by submission of a properly prepared FAA Form 7711-2 and the applicant’s previously accepted operations manual, if appropriate.

I.     Motion Picture and Television Operations Manual. Operating and safety procedures must be incorporated in a motion picture and television operations manual. The operations manual, once accepted, becomes part of the waiver. The operations manual is the standard by which a certificate holder must conduct all operations pursuant to FAA Form 7711-1 authorization. The controls, procedures, and conditions set forth in the operations manual are the primary assurance that nonparticipating persons will not be jeopardized. This will be the basis for the authorization of the motion picture and television area of operation and/or the issuance of the waiver. Therefore, failure to comply with the provisions of the operations manual shall be considered a violation of the terms of the waiver and may constitute justification for cancellation of the waiver.

J.    Operations Manual Revisions. Inspectors should encourage pilot/operators to discuss manual revisions with the geographically responsible FSDO before they are submitted for acceptance. Proposed revisions to the manuals shall be submitted to the FSDO for review at least 15 days before the proposed effective date. Revisions will not be distributed by the pilot/operator until acceptance by the FSDO and returned to the pilot/operator with an indication of acceptance. If the revisions are not accepted, inspectors must notify the pilot/operator in writing within 10 working days of receipt of the proposed revisions.

K.    Special Provisions. The following statement must appear as a special provision:

·    “The certificate holder must adhere to the accepted motion picture and television operations manual.”

·    The pilot in command (PIC) may remove and install specialty equipment authorized in accordance with an exemption issued for that purpose or under the terms of a Supplemental Type Certificate (STC) or field approval.

·    Traditional seating for the PIC of various aircraft does not always lend itself to be the safest position from which to conduct a flight. The primary seat may not be the optimal location, depending on the subject aircraft. The decision on where to sit may be determined by the PIC.

·    Additional provisions deemed appropriate to the Administrator to ensure safety of the operation should be prescribed by the FSDO (Figure 3-55, Sample Motion Picture and Television Operations Manual Special Provisions).

3-214    CONTENTS OF THE MOTION PICTURE AND TELEVISION OPERATIONS MANUAL. The applicant must submit an original and one copy of the motion picture and television operations manual. (Figure 3‑56, Title 14 CFR Part 91 Motion Picture and Television Operations Manual Development Guide, is a sample manual development guide for use by the applicant.) The manual must include at least the following:

A.    Pilot/Operator Organization:

·    Pilot/operator name,

·    Address, and

·    Telephone number of applicant or responsible person.

B.    Distribution and Revision. This section contains procedures for revising the operations manual to ensure that all manuals are kept current. Revisions for the accepted operations manual shall be forwarded to the FSDO at least 15 days before the proposed effective date.

C.    Persons Authorized. Section 91.119(c) is waived only with respect to those participating persons, vehicles, and structures directly involved in the performance of the actual filming. The operations manual will include procedures to ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet if an equivalent level of safety can be achieved and the Administrator has approved it. For example, an equivalent level of safety may be determined by an aviation safety inspector’s (ASI) evaluation of the filming production area to note terrain features, obstructions, buildings, etc. Such barriers may protect nonparticipating persons (e.g., observers, the public, or news media) from debris in the event of an accident.

D.    Area of Operations. There will be a variety of operational needs, depending upon the activities of the applicant. Certain companies may confine their activities to a local area, while other pilot/operators may conduct activities throughout the entire United States and its territories and possessions. The manual shall define the area authorized by the Certificate of Waiver. While the waiver is issued by the pilot/operator’s local FSDO, the pilot/operator must coordinate with the FSDO having geographic responsibility over the area of the filming operations.

E.    Plan of Activities. The manual must include procedures for the pilot/operator to submit 3 days before scheduled filming and a written plan of activities to the local FSDO having jurisdiction over the area of proposed filming. The 3‑day notification may be waived with the concurrence of the FSDO. Justification of the exception to the 3‑day requirement is required. The plan of activities must include at least the following:

1)    Dates and times for all flights.
2)    Name and phone number of person responsible for the filming production event.
3)    Name and phone number of person responsible for the aircraft.
4)    Make, model, and serial or N-number of aircraft to be used and type of airworthiness certificate, including CAT.
5)    Name and certificate number of pilots involved in the filming production event, including any notation of external load endorsements or aerobatic competency, if required.
6)    A statement that the waiver holder has obtained permission from property owners and/or local officials to conduct the filming production event. The list of those who gave permission must be made available to the inspector upon request from the waiver holder.
7)    Signature of waiver holder or representative.
8)    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 and the minimum altitudes essential to accomplish the operation.

F.    Permission to Operate. The motion picture and television operations manual will specify requirements and procedures for the pilot/operator to obtain permission from property owners and/or local officials (e.g., police, sheriff, or fire departments) as appropriate for the conduct of all operations when operating under the provision of the waiver.

G.    Security. The applicant will specify the method of security that will be provided to exclude all persons not directly involved with the operation from the location. In the interest of safety, provisions will be made to stop activities when unauthorized persons, vehicles, or aircraft enter the operations area, or for any other reason. If security is not needed “Not Applicable” should be entered.

H.    Briefing of Pilot/Production Personnel. Procedures will be included to brief participating personnel of the risks involved, emergency procedures, and safeguards to be followed during the filming production event. Personnel will also be briefed on additional provisions that may be issued by the FSDO that has geographic responsibility for the operational area, including the location of boundaries or time limits. The briefing shall cover:

·    Authorization for motion picture and television certificate of waiver and the attached special provisions,

·    Operations manual,

·    Plan of activities,

·    Aircraft parking and starting,

·    Taxi procedures,

·    Radio communications,

·    Takeoff procedures,

·    Aviation activities to be conducted during the filming production event,

·    Approach and landing procedures,

·    Recall procedures,

·    Emergency procedures,

·    Risks to participating personnel, and

·    How to control nonparticipating persons.

I.     Certification/Airworthiness. The aircraft may be certificated in any CAT, including experimental, provided the requirements of §§ 91.203, 91.313, and 91.319 are met. Procedures shall be included to ensure that aircraft inspections will be in accordance with the applicable parts of 14 CFR part 43 or 91, or the assigned operating limitations.

J.    Pilot Personnel—Minimum Requirements. The pilot/operator shall establish and specify the minimum pilot requirements. Minimum requirements shall meet or exceed the following:

1)    A current U.S. Commercial pilot certificate with ratings appropriate to the CAT, class, and type (if applicable) of aircraft to be used under the terms of the waiver.
2)    At least 500 hours logged as the PIC and at least 20 hours logged as the PIC in the aircraft type.
3)    A minimum of 100 hours in the CAT and class of aircraft to be used.
4)    A minimum of 5 hours in the make and model aircraft to be used under the waiver.
5)    In the event that the 1,500-foot minimum standard contained in § 91.303(e) is to be waived, the pilot performing aerobatic maneuvers must hold FAA Form 8710-7, Statement of Acrobatic Competency, to perform the operations.
6)    In the event the operation to be conducted contains elements of an external‑load operation, whether fixed-wing or rotary-wing operations, pilots used in the operation shall be qualified. This qualification may be obtained through a knowledge test (which may be oral or written) or skill. The inspector or another company pilot approved by the geographically responsible FSDO who is qualified to carry loads externally will give the test(s) which are similar to part 133 requirements and cover the following subjects:
a)    Steps to be taken before starting operations, including a survey of the flight area.
b)    Proper method of loading, rigging, or attaching the external-load.
c)    Aircraft performance capabilities under motion picture operating procedures and the Aircraft Flight Manual (AFM).
d)    Proper instructions for flight and ground crew personnel.
e)    AFM, pilot’s operating handbook (POH), or a Rotorcraft-Load Combination Flight Manual (RLCFM) and limitations, if appropriate.

K.    Communications. The operations manual must contain procedures to provide communications capability to all participants during the actual operation and filming. The communications must be able to keep all the participants apprised of the current status of the operation.

L.    Accident Notification. The operations manual must contain procedures for notification and reporting of accidents, notifying the National Transportation Safety Board (NTSB), 49 CFR part 830, and protection of the accident scene.

M.   Recall/Stop Procedures. The applicant can use radio communications, oral, visual, or any combination acceptable to the Administrator as long as it keeps the participants continuously apprised of the current status of the operation.

N.    Aerobatic Competency. If the filming operations require the issuance of FAA Form 8710-7, see Volume 5, Chapter 9, Section 1, Issue/Renew/Rescind a Statement of Acrobatic Competency.

3-215    REVIEW FAA FORM 7711-2. Pertinent blocks are discussed below for clarity and uniformity. The application should be reviewed upon receipt for obvious discrepancies. The reviewing office must not alter the information submitted by the applicant on FAA Form 7711-2.

A.    Blocks 1 and 2. If the applicant is a representative of an organization, the organization’s name shall appear in block 1. The name of the individual and his or her position or authority to represent the organization (e.g., the responsible person) shall appear in block 2. If the applicant is not representing others, the indication NA shall be entered in block 1 and the applicant’s name entered in block 2.

B.    Blocks 3, 4, and 5. The applicant should state information as explained on each individual block.

C.    Block 6—14 CFR Sections Requested Waived. In many instances, the applicant does not know, or is not sure, which sections of 14 CFR are involved. A meeting with the applicant before acceptance of the application may be necessary.

D.    Block 7—Description of Operation. Using the term motion picture and television filming to describe the type of operation is sufficient for the applicant.

E.    Block 8—Area of Operation. Describe the geographical area of operations desired. A detailed description of any city, town, county, and/or state over which the filming production event operation must be submitted.

F.    Block 9—Beginning and Ending Dates. The applicant must list the beginning date and hour and the ending date and hour for the operation in this block. The dates requested must not exceed 24 calendar‑months. In cases involving one‑time operations where an alternate date has not been indicated, the inspector should advise the applicant to request an alternate date in order to save time and unnecessary paperwork.

G.    Block 10—Aircraft and Pilot Information. When FAA Form 7711-2 for authorization of motion picture and television operation is submitted, the applicant may not know the names of the pilots or the aircraft to be used in a particular operation. The application may be accepted with a notation in block 10 that a list will be provided along with the plan of activities.

H.    Block 11—Sponsorship. Not required.

I.     Block 12—Permanent Mailing Address of Sponsor. Not required.

J.    Block 13—Policing. Although it may be desirable, there is no specific requirement for the use of uniformed police or security guards. The need for special policing depends upon several factors.

1)    If fencing is used for crowd control, there may be little need for special crowd-control personnel. On the other hand, if the sponsor intends merely to cordon off the designated areas with rope, it might be necessary to have special crowd‑control personnel.
2)    It must be remembered that it is not the FAA’s responsibility to control the crowd or to decide who can serve to police the filming production event.
3)    In every case, the applicant should be advised that it is his or her responsibility to ensure that all reasonable efforts are made to confine spectators to designated areas. If reasonable efforts have been taken and unauthorized persons or vehicles enter the operational area where maneuvers are being performed during the filming production event, the pilot or operators must halt the operation, and efforts must be made to remove them. All parties involved in the production and the inspector shall use good judgment when determining whether it is necessary to halt a filming production event to protect persons on the ground.

K.    Block 14—Emergency Facilities. Emergency facilities have also caused problems for production companies. As discussed previously, the application form serves as an all-purpose form, and, therefore, contains blocks that may or may not be appropriate to emergency facilities. Some applications have been denied because the boxes for physician, ambulance, and fire truck were not filled in. Every filming production event sponsor should be encouraged to provide emergency medical service even though this service is not normally necessary. A physician or a rescue squad, paramedics, or emergency medical technicians may be sufficient. Normally, the following rules of thumb are adequate.

1)    Physician. Except for events that are a great distance (in a ground vehicle) from a hospital or medical clinic, an emergency rescue squad, paramedics, emergency medical technicians (EMT), or a first aid station can be substituted for a physician.
2)    Ambulance. If an emergency rescue squad is provided, an ambulance should also be provided. If there is a physician in attendance, any vehicle acceptable to the physician for emergency transportation is sufficient. In fact, many communities rely on a sheriff’s or local law enforcement officer’s vehicle as their only means of ambulance service.
3)    Fire Truck. For the most part, the presence of a fire truck at a filming production event is for the benefit of the performers, not the spectators. If the performers are willing to accept a pickup truck with hand‑held fire extinguishers, the FAA should not demand that the sponsor provide a bona fide fire truck with trained firefighters.
4)    Crash Wagon. Many locations where events are conducted do not have crash wagons available. If they are not available, the FAA should not require a sponsor to obtain one from a facility that might be hundreds of miles away. Again, crash wagons serve the performers, not the public.
5)    Other. A sponsor seldom needs to fill in this block. The following is an example of how the “Other” block might prove useful. In one filming production event, the sponsor had a helicopter and pilot continually ready for emergency transportation of spectators or performers who might be injured or who become ill during the filming production event. Additionally, a military‑trained firefighter and medic was standing by the helicopter with extinguishers in case one of the aircraft had an accident anywhere in the operating area. In this particular case, by describing this other emergency facility, the applicant could have been relieved of having to show anything in the preceding blocks.

L.    Block 15—Air Traffic Control (ATC). Not required.

M.   Block 16—Schedule of Events. The FAA must see a schedule of events in order to evaluate the application. For the purpose of reviewing the application, the schedule does not need to be detailed. It should, at a minimum, contain a general description of the types of maneuvers to be performed during the filming production and their sequence during the filming production event.

1)    The applicant must specify a date before the filming production event when he or she will provide a schedule of events. The schedule of events must list the identification of the aircraft and the performers in the sequence of their appearance. This list becomes a part of the official authorization of motion picture and television area of operation and waiver package. At the filming production event the scheduled order of events on the waiver may change because of weather, mechanical problems, etc. Such changes must be coordinated with the FSDO that issued the authorization and/or waiver.
2)    Any maneuvers added to the schedule of events will require FAA approval and should be submitted to the jurisdictional FSDO at the earliest opportunity. Cancellation of events does not require advance notice.

N.    Block 17—Signature Block. The responsible party must sign this block.

3-216    PREREQUISITES AND COORDINATION REQUIREMENTS.

A.    Prerequisites. This task requires knowledge of the regulatory requirements of part 91 and FAA policies and qualification as an ASI (Operations).

B.    Coordination. This task may require coordination with the airworthiness unit within the district office, other district offices, Regional Offices (RO), headquarters (HQ), the Aircraft Maintenance Division (AFS‑300) or appropriate air traffic facilities, and the General Aviation and Commercial Division (AFS‑800).

3-217    REFERENCES, FORMS, AND JOB AIDS.

A.    References (current editions):

·    Title 14 CFR Parts 1, 21, 43, 61, 91, and 133.

·    PTRS Procedures Manual (PPM).

B.    Forms:

·    FAA Form 7711-1, Certificate of Waiver or Authorization.

·    FAA Form 7711-2, Application for Certificate of Waiver or Authorization.

·    FAA Form 8000-36, Program Tracking and Reporting System Data Sheet.

·    FAA Form 8710-7, Statement of Acrobatic Competency.

C.    Job Aids. Sample letters and figures.

3-218    PROCEDURES.

A.    Determine if FAA Form 7711-2 Is Required. See subparagraph 3-213A.

1)    If FAA Form 7711-1 is not required, terminate the task.
2)    If FAA Form 7711-1 is required:
a)    Provide the applicant with a copy of FAA Form 7711-2 (Figure 3-52), Instructions for Completion of FAA Form 7711-2 (Figure 3-54), and 14 CFR Part 91 Motion Picture and Television Operations Manual Development Guide (Figure 3-56).
b)    Advise the applicant to complete blocks 1 through 10, 13, 14, 16, and 17, as applicable, on FAA Form 7711-2.

NOTE:  Block numbers 11, 12, and 15, are not required for motion picture and television application of Certificate of Waiver or Authorization.

c)    Advise the applicant that the application must be submitted to the FSDO at least 45 days prior to the filming production event.

B.    Open the PTRS Record.

Indicates new/changed information.

C.    Receipt of FAA Form 7711-2 and Motion Picture and Television Operations Manual, if Appropriate. Using the information provided by the applicant and the background in section 1, review FAA Form 7711-2 and the operations manual for all pertinent information for the proposed filming production event. Accept strikeovers that are minor in nature and initialed by the applicant. Blocks 11, 12, and 15 do not need to be completed for motion picture and television applications. The following is a guide for reviewing the completed FAA Form 7711-2.

1)    Blocks 1 and 2—Name of Organization/Name of Responsible Person. Ensure that the applicant has indicated the name of the organization or individual applying and the name of a person responsible for matters concerning the application.
2)    Block 3—Permanent Mailing Address. Ensure that the applicant has indicated the permanent mailing address of the organization or individual named in block 1.
3)    Blocks 4 and 5. The applicant should state information as explained on each individual block.
4)    Block 6—14 CFR Sections to be Waived. Ensure that the applicant has listed all sections of the regulations that need to be waived with regard to the filming production event.
5)    Block 7—Description of Operations. Ensure that the applicant has indicated the type of motion picture and/or television filming production event to be conducted.
6)    Block 8—Area of Operations.
a)    Ensure that the applicant has listed the specific locations and altitudes of the proposed filming production event.
b)    Ensure that the area of operation is within the jurisdiction of the district office.
7)    Block 9—Time Period.
a)    Ensure that a beginning date and hour and an ending date and hour for the filming production event has been indicated.
b)    Ensure that the time period indicated does not exceed 24 calendar-months.
8)    Block 10—Aircraft and Pilots. Check for aircraft make and model, pilot names, and certificate numbers. Block 10 may be accepted with a statement, “A list containing aircraft and pilot information will be furnished on (applicant enters the specific date).”
9)    Blocks 11 and 12—Sponsorship. Not required.
10)   Block 13—Security. Ensure that the applicant has described provisions for policing the filming production event, if policing is necessary.
11)   Block 14—Emergency Facilities. Ensure that the applicant marked all blocks that will be available at the time and place of the event.
12)   Block 15—Air Traffic Control. Not required.
13)   Block 16—Schedule of Events. Ensure the applicant provided at least a general description of the types of maneuvers to be performed during the filming production and their sequence during the filming production event.
14)   Block 17—Certification. Ensure that the applicant has signed and dated FAA Form 7711-2 and each attachment to the application.
15)   If FAA Form 7711-2 Has Not Been Completed:
a)    List the reasons for disapproval in the “Remarks” section of FAA Form 7711-2.
b)    Prepare a letter of disapproval of application (Figure 3-57, Sample Letter of Disapproval of Application) with a suspense date for submission of a corrected FAA Form 7711-2.
c)    Retain a copy of the application for future comparison.
d)    Return the application, operations manual, if appropriate, and the letter of disapproval to the applicant.
e)    Make appropriate PTRS entries.
16)   If FAA Form 7711-2 Has Been Completed:
a)    Prepare FAA Form 7711-1 if an operations manual is not required.
b)    If an operations manual is required and has been submitted, review the operations manual.

D.    Review Operations Manual. Ensure that the operations manual contains the items discussed in paragraph 3‑214.

1)    If the manual is unsatisfactory:
a)    Contact the applicant and explain areas of the operations manual that need to be corrected.
b)    Prepare a letter of nonacceptance of the manual (Figure 3-58, Sample Letter of Nonacceptance of a Flight Operations Manual) with a suspense date for submission of the corrected operations manual.
c)    Mark the “Disapproved” block of FAA Form 7711-2, list reasons for the disapproval in the “Remarks” section of FAA Form 7711-2, and sign and date in the “Action” block of FAA Form 7711-2.
d)    Retain a copy of the operations manual for future comparison.
e)    Return the application, one copy of the operations manual, and the letter of nonacceptance to the applicant.
2)    If the manual is satisfactory:
a)    Mark the Approved block on FAA Form 7711-2, and sign and date in the action block of FAA Form 7711-2.
b)    Prepare a letter of acceptance of an operations manual (Figure 3-59, Sample Letter of Acceptance of a Flight Operations Manual).
c)    Continue with the task.

E.    Aerobatic Competency. Determine if FAA Form 8710-7 is required.

1)    If the pilot/operator has requested a waiver of § 91.303(a) through (e), FAA Form 8710‑7 for motion picture and television filming must be issued.

NOTE:  This waiver is issued only with respect to participating persons, vehicles, and structures directly involved in the performance of the actual filming.

2)    See Volume 5, Chapter 9, Section 1, Issue/Renew/Rescind a Statement of Acrobatic Competency.

F.    Prepare FAA Form 7711-1.

1)    Fill in the inspector portion of FAA Form 7711-1.
2)    Develop any special provisions that are not covered in the applicant’s operations manual.
3)    If § 91.303 or 91.515 is to be waived, see Volume 3, Chapter 6, Section 1, paragraphs 3‑154 and 3‑155 for additional provisions that may be required.
4)    Submit FAA Form 7711-1 to the FSDO manager, or designated representative, for his or her signature. The designated representative may be no lower than the operations unit supervisor.
5)    Prepare a reminder notice/letter (Figure 3-60, Sample Letter of Reminder) to the waiver holder reminding him/her that a plan of activities must be submitted and accepted before each filming production event, including any special provisions.

G.    District Office File.

1)    Prepare a district office file on the applicant that includes, but is not limited to, a copy of the following documents:

·    FAA Form 7711-1 and the special provisions,

·    FAA Form 7711-2,

·    Operations manual,

·    Notice/letter of disapproval of application (FAA Form 7711-2),

·    Notice/letter of nonacceptance of the operations manual or notice/letter of acceptance of the operations manual,

·    Notice/letter of reminder, and

·    Any other documents of correspondence.

2)    Send the original of the following documents to the applicant:

·    FAA Form 7711-1,

·    FAA Form 7711-2,

·    Accepted motion picture and television operations manual,

·    Notice/letter of acceptance of the operations manual, and

·    Notice/letter of reminder.

H.    Close PTRS. Make appropriate PTRS entries.

I.     Enhanced Vital Information Database (eVID). Establish a part 91 pilot/operator eVID record, if appropriate.

3-219    TASK OUTCOMES. Completion of this task results in one or more of the following:

·    Issuance of a certificate of waiver,

·    An accepted operations manual,

·    Letter of acceptance of the operations manual,

·    Letter of reminder to submit a plan of activities,

·    Part 91 eVID record,

·    Issuance of Statement of Acrobatic Competency Card, if required,

·    Disapproval of an application, and

·    A letter of nonacceptance of the operations manual.

3-220    FUTURE ACTIVITIES.

·    Reissue a Certificate of Waiver,

·    Cancellation of a Certificate of Waiver,

·    Review proposed revisions to the operations manual,

·    Review the pilot/operator’s plan of activities,

·    Surveillance of any operations approved by the certificate of waiver (see Volume 3, Chapter 2),

·    Possible enforcement investigation,

·    Take part in an investigation as a result of an accident, incident, or violation of the regulations, and

·    Rescind FAA Form 8710-7 or require reevaluation.

Figure 3-52.  FAA Form 7711-2, Application for Certification of Waiver or Authorization

Title: Figure 3‑52. FAA Form 7711-2, Application for Certification of Waiver or Authorization

Figure 3-52.  FAA Form 7711-2, Application for Certification of Waiver or Authorization (Continued)

Title: Figure 3-52. FAA Form 7711-2, Application for Certification of Waiver or Authorization (continued)

Figure 3-53.  FAA Form 7711-1, Certificate of Waiver or Authorization

Title: Figure 3-53. FAA Form 7711-1, Certificate of Waiver or Authorization

Figure 3-54.  Instructions for Completion of FAA Form 7711-2

PREPARING FAA FORM 7711-2. Blocks from Federal Aviation Administration (FAA) Form 7711-2 are discussed below for purposes of clarity and uniformity of its use. However, not all blocks on the form may be applicable to the application request. Blocks 11, 12, and 15 apply to airshow and air race waiver requests only.
a.   Blocks 1 and 2—Name of Organization/Name of Responsible Person. If you are a representative of an organization, then the organization’s name should appear in block 1. Your name and title or position, as the organization’s representative, for application purposes should appear in block 2. If you are not representing an organization, the term “NA” should be entered in block 1 and your name in block 2.
b.   Block 3—Permanent Mailing Address. Self-explanatory.
c.   Block 4—Pending Waiver Application. Self-explanatory.
d.   Block 5—Denial and/or Withdrawal of Previous Application. Self-explanatory.
e.   Block 6—14 CFR Section and Number To Be Waived. All applicable Title 14 of the Code of Federal Regulations (14 CFR) sections and numbers that are to be waived for the operation to be conducted must be listed in this block. If you are unsure which 14 CFR sections will need to be waived, contact the Flight Standards District Office (FSDO) for guidance.
f.    Block 7—Detailed Description of Proposed Operations. It is sufficient to use the term “pipeline patrol,” “power line patrol,” etc., for a description. However, additional detailed information may be included.
g.   Block 8—Area of Operation. A detailed description of any city, town, county, and/or state over which the operations will be conducted and the minimum altitude essential to accomplish the operation should be included in this block. The routes for power line/pipeline operations must be depicted in cartographic or photographic form. This depiction should include every community, settlement, stadium, or other common gathering place located either side of the route. The depiction should also include the areas where power lines and phone lines or any other obstructions cross the route.
h.   Block 9—Time Period. List the beginning dates and hours and the ending dates and hours the operation will be conducted. Maximum time period for operations is 24 calendar-months (e.g., June 12, 1996 to June 30, 1998), except for North American Free Trade Agreement (NAFTA) operations, in which the maximum time period for operations is 12 calendar-months. The application should be submitted to the FSDO at least 45 days before the beginning date of the operation. For a onetime operation, consideration should be given to alternate dates. A request for alternate dates may prevent a delay and/or unnecessary paperwork. These alternate dates should be included in this block.
i.    Block 10—Aircraft Make and Model. List the names of all pilots, their certificate numbers and ratings, full home addresses, and all aircraft by make and model that will be used in the operation. If the type of aircraft and/or the names of the pilots are not known at the time the application is submitted, the FAA will accept the application with the statement, “A list containing aircraft and/or pilot information will be furnished on [insert date.]”
j.    Block 11—Sponsorship. Not required.
k.   Block 12—Permanent Mailing Address of Sponsor. Not required.
l.    Block 13—Policing (Security). Ensure that the applicant has described provisions for policing the filming production event, if policing is necessary.
m.  Block 14—Emergency Facilities. Ensure that the applicant marked all blocks that will be available at the time and place of the event.
n.   Block 15—Air Traffic Control. Not required.
o.   Block 16—Schedule of Events. Ensure the applicant provided at least a general description of the types of maneuvers to be performed during the filming production and their sequence during the filming production event.
p.   Block 17—Certification. As the applicant or an organization’s representative, you must sign in this block and on each page of the application.

Figure 3-55.  Sample Motion Picture and Television Operations Manual Special Provisions

The following special provisions are provided for reference only and may be selected and/or modified as determined by the issuing Flight Standards District Office (FSDO).

The certificate holder must adhere to the motion picture and television operations manual.

The controls, procedures, and conditions set forth in the (insert name of company) motion picture and television operations manual is the primary assurance that persons on the surface will not be jeopardized. This is the basis for issuance of the authorization and/or waiver. Therefore, failure to comply with the provisions of the manual will be considered a violation of the terms of the authorization and/or waiver and may constitute justification for cancellation of the authorization and/or waiver.

The aircraft and pilots used under this authorization and/or waiver will only be those specified in the (insert name of pilots and/or operators) motion picture and television operations manual or associated plan of activities. Each pilot’s name and certificate number shall appear on each daily plan of activity.

All civil aircraft and pilot(s) participating in the activity shall be available for Federal Aviation Administration (FAA) inspection before the scheduled event.

The FAA has the authority to cancel or delay some or all participants or events if, in its opinion, the safety of persons or property on the ground or in the air is in jeopardy, or there is a contravention of the terms of the authorization and/or waiver.

Authority to deviate from the regulations is limited to the specific regulations shown on the Authorization of motion picture and television FAA Form 7711-1.

All flight operations conducted under the authorization of this waiver will be performed in accordance with Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.155, basic visual flight rules (VFR) weather minimums, except as provided in the waiver holder’s motion picture and television operations manual, Special Provisions, Aerobatics.

Aircraft may not be flown along a path that would require excessive maneuvering to avoid nonparticipating persons on the surface in the event of an emergency.

The holder of this manual shall ensure that each pilot in command (PIC) conducting operations authorized under this certificate understands the conditions of issuance, and that it constitutes a waiver of (insert applicable regulations (e.g., §§ 91.119(b) and (c), 91.303(a) through (e), and 91.515)).

Section 91.119(b) is waived only with respect to participating persons, vehicles, and structures directly involved in the performance of the actual filming. Flight operations closer than 500 feet (200 feet, if authorized) or over flight of a group of nonparticipating persons at less than 1,000 feet above ground level (AGL) are prohibited.

Rotorcraft takeoff and landing areas must be protected in a manner that will prevent unauthorized persons from entering the helipad area. The helipads must be located so the aircraft will not pass over nonparticipating personnel during takeoff and landing.

In the event of an accident considered to be the result of an event deficiency or procedure, flight operations will be canceled until the deficiency has been corrected and the correction accepted by the FSDO responsible for the geographic area in which the activity occurred.

The holder of the authorization and/or waiver shall ensure that the participating persons involved in the operations are thoroughly briefed on special procedures, communications, emergency procedures, and the provisions of the authorization and/or waiver before beginning the activities. This requirement applies to all persons within 500 feet of the aircraft during waived activity. No person may participate in any event unless that person has received a briefing on the provisions of the waiver.

The holder of the (insert name of company) motion picture and television operations manual shall maintain primary responsibility for safeguarding persons and property on the surface.

The certificate holder must submit 3 days prior to scheduled filming a written plan of activities to the FSDO having jurisdiction over the area of proposed filming. The 3-day notification may be waived with the concurrence of the FSDO. Justification of the exception to the 3-day requirement is required.

Aircraft operated under this authorization and/or waiver will have on board an airworthiness certificate appropriate for the operations being conducted.

Revision # (if appropriate)

_ _ _ FSDO Movie Manual Special Provisions

(enter date of issue)

Figure 3-56.  Title 14 CFR Part 91 Motion Picture and Television Operations Manual Development Guide

Each motion picture and television operations manual must contain at least the following items, although it is not restricted to these items.

1.   Pilot and/or Operator Organization.

2.   Pilot and/or operator name, address, and telephone number of applicant.

3.   List of pilots to be used during the filming, including their pilot certificate numbers. This information may be placed in the plan of activities. The list must include special pilot authorizations or endorsements (e.g., aerobatic or external‑load), if applicable.

4.   List of aircraft by make, model, and serial or registration number. This information shall be placed in the plan of activities.

5.   Distribution and Revision.

(a)  Procedures for revising the motion picture and television operations manual to ensure that all manuals are kept current. A list of effective pages may be appropriate.

(b)  Revisions for the accepted motion picture and television operations manual should be forwarded to the Flight Standards District Office (FSDO) at least 15 days before the proposed effective date.

6.   Persons Authorized. The motion picture and television operations manual must include procedures to ensure that no persons, except those persons consenting to be involved and necessary for the filming production, are allowed within 500 feet of the filming production area. This provision may be reduced to no less than 200 feet in the event that a suitable, equivalent level of safety can be achieved. An equivalent level of safety may be determined by evaluation of the filming production area and the degree of terrain features, buildings, etc. that will provide a safety barrier to observers.

7.   Area of Operations. The motion picture and television operations manual must define the area (e.g., city, state, or states) that will be used during the term of the authorization or waiver.

8.   Plan of Activities. The motion picture and television operations manual must include procedures for the submission, 3 days prior to scheduled filming, which includes a written plan of activities, to the local FSDO having jurisdiction over an area of proposed filming. At the discretion of the FSDO, the 3-day notification may be waived. Justification of the exception to the 3-day requirement is needed. The manual shall indicate acknowledgment of the requirement for Federal Aviation Administration (FAA) acceptance of the plan of activities prior to beginning filming operations. The plan of activities must include at least the following:

(a)  Dates and times for all flights.

(b)  Name and phone number of person responsible for the filming production event.

(c)  Make, model, and serial number or registration number of aircraft to be used and type of airworthiness certificate, including Category (CAT).

(d)  Names and certificate numbers of pilots involved in the filming production event.

(e)  A statement that permission has been obtained from property owners and/or local officials to conduct the filming production event.

(f)  Signature of waiver holder or a designated representative.

(g)  A general outline or summary of the flight activity schedule, including maps or diagrams of the specific filming location, if necessary.

9.   Permission to Operate. The motion picture and television operations manual shall specify requirements and procedures that the waiver holder will use to obtain permission from property owners and/or local officials (e.g., police, sheriff, and fire departments) as appropriate for the conduct of all filming operations when using the waiver.

10. Security. The manual must specify the method of security that will be used to exclude all persons not directly involved with the operation from the location. This should also include procedures that will be used to stop activities when unauthorized persons, vehicles, or aircraft enter the operations area, or for any other reason, in the interest of safety.

11. Briefing of Pilots and Production Personnel. Procedures must be included to brief personnel on the risks involved, emergency procedures, and safeguards to be followed during the filming production event. Personnel will also be briefed on any additional provisions that may be issued by the local FSDO, including the location of boundaries or any other time limits.

12. Certification/Airworthiness. Procedures must be included to ensure that inspections will be in accordance with Title 14 of the Code of Federal Regulations (14 CFR) parts 43 and 91 and applicable operating limitations. The aircraft to be used may be certificated in any CAT, including experimental, provided the requirements of 14 CFR part 91, §§ 91.7, 91.9, and 91.203 are met.

13. Pilot Personnel—Minimum Requirements. The pilot or operator must establish and specify the minimum pilot requirements. Minimum requirements should meet or exceed the following:

(a)  A current U.S. Commercial Pilot Certificate with ratings appropriate to the CAT and class aircraft to be used under the terms of the waiver.

(b)  At least 500 hours logged as pilot in command (PIC) and 20 hours of PIC in the aircraft type.

(c)  A minimum of 100 hours in the CAT and class of aircraft to be used.

(d)  A minimum of 5 hours in the make and model aircraft to be used under the waiver.

(e)  In the event that the 1,500-foot minimum standard contained in § 91.303(d) is to be waived, the pilot performing aerobatic maneuvers must hold an FAA Form 8710-7, Statement of Acrobatic Competency, for the operations to be performed.

(f)  In the event the operation to be conducted contains elements of an external-load operation, whether fixed‑wing or rotary operations, pilots used in the operation shall be qualified. This qualification may be obtained through a test of knowledge (which may be oral or written) and/or skill. A FAA inspector will give the test(s) or another company pilot approved by the FSDO and who is qualified to carry loads externally. These tests will be similar to 14 CFR part 133 requirements and cover the following subjects:

·    Steps to be taken before starting operations, including a survey of the flight area.

·    Proper method of loading, rigging, or attaching the external-load.

·    Aircraft performance capabilities under motion picture operating procedures and the Aircraft Flight Manual (AFM).

·    Proper instructions for flight and ground crew personnel.

·    AFM, pilot operating handbook (POH), or a rotorcraft-load combination flight manual, and limitations, if appropriate.

14. Communications. The motion picture and television Flight Operations Manual (FOM) must contain procedures to provide communications capability with all participants during the actual operation and filming. The applicant can use oral, visual, or radio communications as along as it keeps the participants continuously apprised of the current status of the operation.

15. Accident Notification. The motion picture and television FOM must contain procedures for notification and reporting of accidents.

Figure 3-57.  Sample Letter of Disapproval of an Application

FAA Letterhead

[Date]

[Applicant’s name and address]

Dear [applicant’s name]:

This letter informs you that the application you submitted on [indicate date] has been disapproved for the reasons listed in the “Remarks” section of Federal Aviation Administration (FAA) Form 7711-2, Certificate of Waiver or Authorization Application.

Please make the corrections noted and return to this office within 15 days of receipt of this letter.

If you have any questions or comments, please feel free to contact this office at the following telephone number [indicate number].

Sincerely,

[Principal operations inspector’s signature]

Figure 3-58.  Sample Letter of Nonacceptance of a Flight Operations Manual

FAA Letterhead

[Date]

[Pilot/operator’s name and address]

Dear [pilot/operator name]:

This letter informs you that the motion picture and television Flight Operations Manual (FOM) submitted on [indicate date] has been determined unacceptable for the following reasons:

[List all reasons for nonacceptance]

Please make the corrections noted, and resubmit to this office within 15 days of receipt of this letter.

If you have any questions, please feel free to contact this office during regular business hours at the following telephone number [indicate number].

Sincerely,

[Principal operations inspector’s signature]

Figure 3-59.  Sample Letter of Acceptance of a Flight Operations Manual

FAA Letterhead

[Date]

[Pilot/operator’s name and address]

Dear [pilot/operator’s name]

This letter informs you that the motion picture and television Flight Operations Manual (FOM) submitted on [indicate date] has been accepted.

If you have any questions, please feel free to contact this office during regular business hours at the following telephone number [indicate number].

Sincerely,

[Principal operations inspector’s signature]

Figure 3-60.  Sample Letter of Reminder

FAA Letterhead

[Date]

[Pilot/operator’s name and address]

Dear [pilot/operator’s name]:

This letter is a reminder that a plan of activities must be submitted, as outlined in your accepted motion picture and television Flight Operations Manual (FOM), to the local Flight Standards District Office (FSDO) having jurisdiction over the area of proposed filming.

The plan of activities must be submitted at least 3 days before actual filming begins.

If you have any questions or comments, please feel free to contact this office at the following telephone number [indicate number].

Sincerely,

[Principal operations inspector’s signature]

RESERVED. Paragraphs 3-221 through 3-235.