Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 1

June 8, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE Washington, DC 20590

Scott Hinerfeld - Principal

C/O Airborne Media LLC

1035 Pearl Street, Suite 311, Boulder CO 80302

T: 720 878 5878

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from 14 C.F.R. 45.23 (b); 14 C.F.R. 21; 14 C.F.R.

61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 C.F.R. 91.9 (b) (2); 14 C.F.R. 91.103 (b); 14

C.F.R. 91.109; 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151 (a); 14 C.F.R.

91.203 (a) & (b); 14 C.F.R. 91.405 (a); 14 C.F.R. 91.407 (a) (1); 14 C.F.R. 91.409 (a)

(2); 14 C.F.R. 91.417 (a) & (b).

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, Airborne Media LLC (herein referred to as 

“applicant”), operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to 

conduct aerial videography and photography for the motion picture, television, and 

commercial videography industry for closed set filming, hereby applies for an exemption 

from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of 

its sUASs, so long as such operations are conducted within and under the conditions

outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of 

small, unmanned sUAS under controlled conditions in the NAS that is 1) limited 2) 

predetermined 3) controlled as to access. Approval of this exemption would thereby 

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:

Airborne Media LLC

Attn: Scott Hinerfeld

1035 Pearl Street, Suite 311

Boulder, CO 80302

Ph: 303 385 7286

Email: scott@airborne-media.com
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 2

Regulations from which the exemption is requested:

14 C.F.R. 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)

14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

This exemption application is expressly submitted to fulfill 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; 

• Operation of the UAS within visual line of sight of the operator

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) The Federal Aviation Act expressly grants the FAA the authority to issue

exemptions. This statutory authority by its terms includes exempting civil aircraft, as the

term is defined under §40101 of the Act that includes sUASs, from the requirement that

all civil aircraft must have a current airworthiness certificate. The Administrator may

grant an exemption from a requirement of a regulation prescribed under subsection (a) or 

(b) of this section or any sections 44702-44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. § 44701 (f) See also 49 U.S.C. § 44711 (a); 49 

U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1).

The applicant’s sUASs are rotorcraft, weighing 55 lbs. or fewer, including payload.

They operate, under normal conditions at a speed of no more than 40 knots and have the

capability to hover, and move in the vertical and horizontal plane simultaneously. They

will operate only in line of sight and will operate only within a predetermined and closed

off property area under the permission of the property representative. Such operations
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 3

will insure that the sUAS will “not create a hazard to users of the national airspace

system or the public” as per the Reform Act Section 333 (b).

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

which they will operate, and the fact that they will be flown by an FAA licensed aircraft 

pilot (Private Pilot’s License #3101173), 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 and the restricted areas in which the relevant sUASs

will operate, 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

environmental impacts, including reduced emissions associated with allowing UASs for

movie and commercial videography / cinematography operations, the grant of the 

requested exemptions is in the public interest. Accordingly, the applicant respectfully 

requests that the FAA grant the requested exemption without delay.

I. AIRCRAFT DESCRIPTION

Airborne Media seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 3 Pro and DJI Inspire 1 are vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The DJI Phantom 3 Pro has a maximum gross 

weight of approximately 2 pounds 13 ounces, while having a length of 16 inches width of 

16 inches, height of 8 inches, and a maximum speed of approximately 31 knots. The DJI

Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, 

width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 

knots. The DJI Phantom 3 Pro and DJI Inspire 1UAs are equipped with four main rotors; 

driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Pro and DJI Inspire 1 UAS that will be operated by #3101173 will be 

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as

14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 

45, Identification and Registration Marking.

II. EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. These

limitations provide for at least an equivalent or even higher level of safety to operations

under the current regulatory structure because the proposed operations are conducted on

closed off property under the permission of the property owner or property

representative.
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 4

Proposed limitations and conditions to which applicant agrees to be bound when

conducting commercial operations under an FAA issued exemption:

• The PIC will hold a current ASEL (airplane, single engine, land) certificate, and either 

an FAA-issued airman medical certificate, or a current U.S. driver’s license. Operation of 

the applicant’s sUAS will be limited to the applicant’s sole and primary pilot who meets 

these criteria. His certifications are listed below:

Soren M. Jensen - FAA issued ASEL certificate number: 3101173

U.S. Issued driver’s license number: 10-175-0334 (Colorado)

• The sUAS will weigh no more than 55 lbs.

• Flights operations will be outside of five (5) nautical miles from any airport reference 

point (ARP). If asked to operate within five (5) miles of an airport, the applicant will 

contact the airport's manager and control tower with all flight plans, as well as the FAA 

through a normal filing of a Form 7711-1 (or its equivalent) with the appropriate FSDO. 

Only upon approval of flight plans from all entities will we agree to, and conduct, any 

operation within five (5) miles of an airport.

• Flights will be operated within line of sight (un-aided) of a pilot and/or observer.

• Maximum total flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 20% battery power reserve should that occur prior to the 20 minute limit, 

and no further flights shall be commenced on the same batteries unless they hold enough 

energy for a minimum of 5 minutes of flight time, or the minimum recommended by the 

craft manufacturer.

• All operations shall be conducted in accordance with an ATO-issued COA

• Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 

200 feet above an elevated platform from which filming is planned. If a structure being 

filmed or photographed has a height that exceeds 400 feet AGL, the UAS will not exceed 

100 feet in height above the highest point on that structure.

• Minimum crew for each operation will consist of the sUAS Pilot, and the Visual

Observer.

• sUAS Pilot will be Pilot in Command (PIC). The PIC will have a minimum of 40 hours 

of flight time with the specific sUAS equipment the applicant operates. The experience of 

the PIC will be certified by the applicant through background checks and, if necessary, 

testing.

• Applicant will maintain flight logs of all PICs it employs, and provide full transparency

to the FAA regarding the logs and records of these PICs, as per 14

CFR § 61.51(b),
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 5

• Flights will be operated at a lateral distance of at least 100 feet from any inhabited

structures, buildings, vehicles, vessels, or people not associated with the operation or who 

have not signed a waiver in advance of the operation.

• A briefing will be conducted in regard to the planned sUAS operations prior to each

day’s production activities. It will be mandatory that all personnel involved with the 

operational duties of the flight within the boundaries of the safety perimeter be present 

for this briefing.

• The operator will file an FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District

Office.

• The operator will obtain the consent of all persons involved in the filming and ensure 

that only consenting persons will be allowed within 100 feet of the flight operation, and 

this radius may be reduced to 30 feet based upon an equivalent level of safety

determination. With the advanced permission of the relevant FSDO, operations at closer

range can be approved.

• PIC and Visual Observer will have been trained in the operation of the specific

sUAS equipment used by the applicant, and received up-to-date information on the 

particular sUAS to be operated.

• The PIC designated for any operation will have at least a Class 2 medical certificate.

• Visual Observer and PIC will at all times be able to communicate by voice, radio,

and/or text.

• Written and/or oral permission from the relevant property holders or property

representatives will be obtained.

• All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies.

• If the sUAS loses communication with the PIC or loses its GPS signal, the sUAS will 

have the capability to return to a pre-determined location within the controlled property, 

and land autonomously.

• The sUAS will have the capability to abort a flight in case of unpredicted obstacles,

weather, or emergencies.

• sUAS operations will not be conducted at night, as defined in 14 CFR § 1.1

• The sUAS will give way to any and all manned aviation operations and activities, at all 

times
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 6

• The sUAS will not be operated from any moving vehicle or device

• Any incidents shall be reported to the FAA’s UAS Integration office within 24

hours.

• During operations for closed-set motion picture and television filming and production, 

the PIC will have a motion picture and television operations manual

(MPTOM) as seen in this applications docket folder.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203

(a) (1). Given the size and limited operating area associated with the aircraft to be utilized

by the applicant, an exemption from Part 21 Subpart H 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 aircraft 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 sUAS. In all cases, an analysis of these criteria

demonstrates that the sUAS operated without an airworthiness certificate, in the 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.

The sUAS to be operated hereunder is 55 lbs. or less fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates

exclusively within a secured area. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by both the operator and under the

requirements and in compliance with local public safety requirements, to provide security

for the area of operation as is now done with conventional filming. The FAA will have

advance notice of all operations. These safety enhancements, which already apply to civil

aircraft operated in connection with motion picture and television production, provide a

greater degree of safety to the public and property owners than conventional operations

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H.

Lastly, application of these same criteria demonstrates that there is no credible threat to

national security posed by the sUAS due to its size, speed of operation, location of

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a

substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 7

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited", 

"restricted", "light-sport", "experimental", or "provisional", as applicable.

Even though the sUAS will have no airworthiness certificate, an exemption may be

needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which

the word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering

will be impossible. The word “Experimental” will be placed on the fuselage in

compliance with §45.29 (f), and The equivalent level of safety will be provided by having 

the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer, and 

others working with the sUAS will see the identification of the sUAS as “Experimental”. 

The FAA has issued the following exemptions to this regulation as Exemption Numbers 

10700, 8738, 10167 and 10167A.

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

Command.

The PIC will hold a current, FAA issued, ASEL (aircraft, single engine, land) certificate. 

PIC will be Soren Jensen (Private Pilots License #: 3101173), the chief pilot at SkySight 

LLC.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations.

Because the sUAS 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 have no less than 40 hours of flight time with the specific sUAS equipment

the applicant operates. The experience of the PIC will be certified by the applicant

through background checks and, if necessary, testing. The applicant will maintain flight 

logs of all qualified PICs it employees as per 14 CFR § 61.51(b), and provide full 

transparency to the FAA regarding the logs and records of these PICs. The PIC 

designated for any operation will hold an FAA issued pilots license, and have at least a 

Class 2 medical certificate, or U.S issued driver’s license. 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 by a PIC meeting the standards of the applicant (listed above) exceeds the 

present level of safety achieved by 14 C.F.R. § 61.113 (a) & (b).

14 C.F.R. § 91.7 (a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining

airworthiness. The applicant proposes that an equivalent level of safety will be provided

by the use of the following safety checklists prior to each flight in order to determine if

the sUAS is in condition for safe flight:

 Aircraft: All adjustment points will be checked for tightness; all motors and props 
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 8

will be inspected; all wiring will be double-checked; all systems will be powered

up and checked for errors as per the flight systems manuals.

 Battery: Confirmation will be made that batteries are fully charged and

installed/connected properly.

 Calibration: Pre-flight motor/gyro/compass calibration followed by confirmation 

of no errors with the flight and navigation systems.

 Transmitter: Confirm radio transmitter has sufficient charge, and is both working 

properly and receiving telemetry from the sUAS; confirm all switches are in preflight mode, and that a successful link has been established between the aircraft 

transmitter and onboard receiver.

 Confirm sufficient satellites are present for navigation system in the event of

failsafe trigger

 Home point coordinates are confirmed recorded by navigation system prior to

take-off

 Surroundings/Flight Area: Conduct one last visual inspection of the take-off

surroundings and area of airspace sUAS will be operating in. Confirm all people 

in the surrounding areas are associated with the operation being conducted.

 Take-off Announcement: Before motors are started the PIC will announce to a 

designated Representative (person of authority) of the film crew that sUAS is 

ready to take-off. Only after the Representative has notified all persons within the

surrounding areas, and confirmed to PIC that they have clearance to lift-off, will 

the motors be started and the sUAS will conduct its operation.

A mandatory test flight will be conducted after any disassembly/reassembly; after

replacement of any motors or flight electronics; after any pre-flight or in flight equipment

errors that occur not resulting from environmental conditions. This will be done before

commercial operation is commenced.

All maintenance, overhaul, replacement, and inspections will be carried out as per the 

manufacturers specifications by a knowledgeable and capable person with the experience 

necessary to ensure safe operation of the sUAS, and documented in the aircraft’s records.

(14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides:

No person may operate a U.S. registered civil aircraft...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 9

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof.

The sUAS, given its size and configuration has no ability or place to carry such a flight

manual on the aircraft, not only because there is no pilot on board, but because there is no

room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the aircraft component flight

manuals at the ground control point where the PIC flying the sUAS will have immediate

access to it. The FAA has issued the following exemptions to this regulation: Exemption

Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be

provided for the aircraft, an exemption will be needed.

In order to ensure consistent and safe operation, the PIC will perform pre-flight

inspection, maintenance, and test flights as described above with regards to 14 C.F.R. §

91.7 (a), as well as assess mission specific requirements (flight path, flight time,

obstructions, landing and take-off hazards, aircraft performance, weather, etc) before

commencing operation.

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

Section 91.109 provides that 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. sUASs and remotely piloted aircraft, by their design do not have fully

functional dual controls. Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 

9862A. The equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft, and by the size and speed of the aircraft.

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 a sUAS that is a

helicopter and the exemption requests authority to operate at altitudes up to 400 feet

AGL, or not more than 200 feet above an elevated platform from which filming is

planned, an exemption may be needed to allow such operations. As set forth herein, the
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 10

sUAS will never operate at higher than 400 feet AGL with the exception that in

circumstances where the sUAS is used to survey or photograph a structure whose height

exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the

highest point on the structure. It will however be operated in a restricted area with

security perimeter, where buildings and people will not be exposed to operations without

their pre-obtained consent. The equivalent level of safety will be achieved given the size, 

weight, and speed of the sUAS as well as the location where it is operated. No flight will 

be taken without the permission of the property owner or local officials. Because of the 

advance notice to the property owner and participants in the filming activity, all affected 

individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 50 lbs. proposed herein and 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 AGL in the movie industry. In addition, the low-altitude 

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.

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 the sUAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the safety 

check list and live flight data monitoring, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight.

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 no more than 20 minutes of powered flight. To 

meet the 30-minute reserve requirement in 14 C.F.R. § 91.151, sUAS flights would not 

be possible due to the reserve requirement being equal to the maximum flight time. Given 

the limitations on the sUAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or 

twilight VFR conditions is reasonable.

The 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
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 11

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. Additionally, the limitations created

by this requirement for sUAS flights would essentially make null any utility for which the

exemption will be granted.

The applicant believes that an equivalent level of safety can be achieved by limiting

flights to 20 minutes or 20% of battery power— whichever happens first. 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, and 10808.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) except as provided in § 91.715, no person 

may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs no more than 50 lbs and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents 

or to display them on the sUAS. An equivalent level of safety will be achieved by

keeping these documents at the ground control point where the pilot flying the sUAS will 

have immediate access to them, to the extent they are applicable to the sUAS. The FAA 

has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes exemption nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700.

14 C.F.R. § 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): 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 airworthiness

certificate, these sections will not apply to the applicant. Maintenance and inspections

will be done in accordance with the sUAS Manufacturer's Manual, and will be performed

by employees of the applicant following the guidelines and practices provided to us by

the sUAS Manufacturer. 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
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 12

restricted areas for limited periods of time. If mechanical issues arise the sUAS can land

immediately and will be operating from no higher than 400 feet AGL. The PIC will

ensure that the sUAS is in working order prior to initiating flight, perform required

maintenance, and keep a log of any maintenance performed. Moreover, the PIC 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.

III: Additional Views

Regarding Privacy:

All flights will occur over private or controlled access property with the property

representative or owner’s prior consent and knowledge. Filming will be of people who

have also consented to being filmed or otherwise have agreed to be in the area where

filming will take place. All flights will occur in accordance with any state or local laws

regarding privacy.

Additionally, our company seeks to conform to privacy regulations what we believe are 

necessary, and imminent, if the UAS industry is to be accepted by the general public, and 

therefore the motion picture and TV industries.

Overall Safety and Benefits of Granting Exemption:

The applicant believes that it’s sUAS equipment and personnel, in conjunction with the 

rules and regulations prescribed by the FAA in the event of a successful exemption of the 

applicant, can provide a safe and valuable service to the film and television industries that 

offer increased safety over current and past practices that use/used larger and more

dangerous equipment, and in doing so, benefit the public as a whole.

Our company is dedicated to working with the FAA to conform to current and upcoming 

regulation of the industry. We believe strict regulation of the UAS industry to be 

necessary if the technology is to benefit the general public. Regulation will reduce unsafe 

practices, discourage improper uses, and improve public perception and safety.

IV: Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register:

Applicant seeks an exemption from the following rules:

14 C.F.R. § 21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. § 61.113 (a) & (b); 91.7 (a);

91.9 (b)(2); 91.103 (b); 91.109; 91.119; 91.121; 91.151(a); 91.203 (a) and (b); 91.405 (a);

91.407 (a)(1); 91.409 (a)(2); 91.409 (a)(2) and 91.417 (a) & (b)

In summery, applicant seeks to operate commercially a small-unmanned vehicle

weighing less than 55 lbs. for aerial videography and photography for closed set filming 

in the motion picture, television, and commercial videography industry.
Airborne Media LLC Exemption Request Section 333 of the FAA Reform Act 13

Thank you for your consideration.

Sincerely,

Scott Hinerfeld

Principal - Airborne Media LLC

Airborne Media LLC affirms all information listed above to be true and binding upon the

FAA’s findings of exemption regarding commercial operations of the specified

UAS, until further notice of law or regulations decided by the FAA.