UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of Jason Hoffman dba Music City Aerial, for an exemption from part 21; §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 6l.315(a), 9l.7(a), 9l.ll9(c), 91.121, 91.15l(a)(l), 91.405(a) , 91.407(a)(l), 9l.409(a)(l) and (2), and 91.417(a) and (b) of Title 14 , Code of Federal Regulations. Exemption No. 122978 Regulatory Docket No

. FAA-2015-0533

DENIAL OF EXEMPTION By lette r dated July 25, 2016 , Mr. Jason Hoffman , on behalf of Jason Hoffman dba Music City Aerial, P.O. Box 330526, Nashville, TN 37203, petitioned the Federal Aviation Admi nistrat ion (FAA) for an exemption from part 21; §§ 61.23(a) and (c), 61.10 I (e)(4) and (5), 6l.ll3(a) , 61.315(a) , 91.7(a) , 91. 119(c), 91. 121, 9 1.151(a)(l), 91.405(a), 91.407(a)(l), 91.40 9(a)( l) and (2) , and 91.417(a) and (b) of Title 14, Code ofFedera1 Regulations (14 CFR). The petitioner requested to renew Exemption No. 12297A, which expires A ugust 31, 2017 , to operate UASs to conduct aerial photography and videography. The petitioner supports its request with the following information: The original petition for exemption describing the proposed operation and the regulations from w hich the petitioner seeks exemption is posted to the docket. To view the petition, visit http://www.regulations.Qov, enter the regulatory docket number found on the first page ofthis document into the search box and click "Search, " then click on the "Open Docket Folder" link next to a result associated with the docket number.
The FAA's analysis is as follows: The FAA has finalized the first operational rules for routine commercial use of small unmanned aircraft systems (14 CFR, part 107). The new rule is now in effect and offers safety regulations for unmanned aircraft drones weighing less than 55 pounds. The FAA has reviewed yo ur request and determined that your requested operation may be conducted entirely unde r part 107, Operation and Certification ofSma/1 Unmanned Aircraft Systems, without exemption or need for waiver under the provisions of 14 CFR 

### § 107 .200

.2 Section 333 of Public Law 112-95, Special Rules for Certain Unmanned Aircraft Systems (VAS} , provided the FAA authority to authorize certain UAS operations. This incremental step provided a pathway for safe and legal civi l operations in the Na ti onal Airspace System (NAS) and was considered a bridge mechanism until the implementation of part 107. Now that part 107 is in effect , the vast majority of operati ons authori zed under previously issued exemptions under Section 333 , including the operations proposed in this petition for exemption , can be conducted under part 1 07. These operations no longer necessitate an exemption. 

### The FAA's decision: In con s ideration of the foregoing , I find that a grant of exemption is not in th e public interest. Therefore , pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40 11 3, and 44701 , delegated to me by the Administrator, the petition of Jason Hoffman dba Music City Aerial is hereby denied. T he petitioner may begin operations in accordance with 14 CFR, part 107: Operation and Certification of Small Unmanned Aircraft Systems at their discretion. Issued in Washington , DC on 

# FEB 2 3 

# 2017



# rf/ld.

John S. Duncan Director, Flight Standards Service