### VIVE MEDIA, LLC

PO Box 687 Folly Beach, SC 29439 June 30, 2015

U.S. Dept. of Transportation, Docket Operations 1200 New Jersey Avenue, SE West Building Ground Floor, Room W12

- 140 Washington, DC 20590

Re: Vive Media, LLC

- Petition for Exemption to Operate Unmanned Aircraft Systems Pursuant to Section 333 of the FAA Reform Act, and Part 11 of the Federal Aviation Regulations from: 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (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, Vive Media, LLC an operator of Unmanned Aircraft Systems (“UASs”) for aerial photography and videography with the purpose of creating real estate, yacht, resort, charitable, and event marketing photo and video media , hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) to allow commercial operation of its UASs.

Attached additionally are the UAS manufacturer’s user manual

, release notes,

disclaimer , and safety guidelines.

HD photo and video from variable low level angles using the UAS specified

below are far more desired, and effective than ground

- based imagery . And further, is safer than utilizing a manned aircraft of significantly greater proportions, carrying crew and flammable fuel. The benefits of reduced cost, reduced noise interference and improved quality of presentation from the UAS will be greatly beneficia l to many real estate, film , private property owners, hospitality professionals

, as well as charities

. These industries will benefit from this low cost solution by increasing awareness of their offerings, and traffic to their locations. Thereby attract ing more re venue to business and property, and increasing taxable opportunities. Under virtually all circumstances, all of the only property or structures near the n sites are owned and operated by the same entity. Any complaint from a third party member of t he public complaining of even a hint of invasion of privacy, founded in fact or not, and even within the private boundaries of the specific land parcel owner, and with the camera lens facing inward and focused only onto an owners parcel, will instantly be honored, resulting in immediate termination of aerial operations.Petitioner will operate the following UAS: DJI Inspire 1

Name and address of the applicant:

Vive M e dia, LLC Attn: Matthew Coda

Phone: 703

- 409

- 5544

Email: Matt@vive

- media.com Address: PO Box 687, Folly Beach, SC 29439

Regulations from which the exemption is requested: 14 CFR 61.113(a) and (b)

14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151(a) 14 CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) and (b)

Petitioner will operate the following UAS: DJI Inspire 1

UASs operated by Vive Media , LLC weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more t han 50 knots, can hover, and simultaneously move vertically and horizontally . Vive Media, LLC will only operate its UASs in line of sight and will operate only within

the st erile area . Such operations will insure that the UAS will “not create a hazard to users of the national airspace system or the public.” Given the small size of Vive Media, LLC's UASs and the restricted sterile environment within which they will operate, Vive Media, LLC's UAS operations adhere to the Reform Act’s

safet y requirements. Additionally, due to the size of the UASs and the limited areas in which they will operate, approval of this application presents no national security issues. Based on the substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingly, Vive Media, LLC respectfully requests that the FAA grant the r equested exemption without delay.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Vive Media, LLC provide for at least an equivalent or higher level of safety than when using conventional passenger carrying aircraft for photography and videography

.

1. The UASs will weigh less than 55 pounds

2. Flights will be operated within line of sight of a UAS, pilot and/or observer.3. Maximum flight time for each operational flight will be 20 minutes. Flights

will be terminated at 25% battery power reserve should that occur prior to

the 20 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. UAS will be fitted with propeller guards to enhance the safety of surrounding personnel.

6. Minimum crew for each opera tion will consist of the UAS Pilot, the Visual Observer, and the Camera Operator.

7. A UAS pilot will be registered with FAA and pass an approved FAA Aeronautical knowledge exam when it becomes available.

8. A UAS Pilot will be Pilot in Command (PIC).

9. The UAS will only operate within a confined “Ster ile Area”

. Requiring the establishment of a “Security Perimeter” for the flight operations area.

10. A briefing will be conducted for planned UAS operations prior to each day’s flight. All personnel performing duties wi thin the boundaries of the safety perimeter are required to attend.

11. The operator will obtain consent of all persons involved in the photography/recording and ensure that only consenting persons will be allowed within 10 feet of the flight operation, in ac cordance with equivalent level of safety determination w ith the advanced permission of the project manager, operations at closer range can be approved.

12. The Pilot and observer must be trained in UAS operations and have received current information on the pa rticular UAS to be operated.

13. The Observer and pilot will at all times be able to communicate by voice,

radio and/or text.

14. Written and/or oral pe rmission from the relevant property holders will be

obtained.

15. All required permissions and pe r mits will be obtai ned from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

16. If the UAS loses communications or loses its GPS signal, the UAS will have “failsafe” capabilities to return to a pre

- determined location within the Security Perimeter and land.

17. The UAS is equipped with alarm triggers to notify PIC of stage one battery decrease, making the PIC aware of near 25% reserve.

18. Failsafe for low battery (25%) will also trigger a return to sec ure destination procedure.

19. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 14 C.F.R. § 61.113(a) and (b): Private Pilot

Privileges and Limitations:

Pilot in Command Sections 61.113 (a) and (b) limit pri vate pilots to non

commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’sl icense rather than a commercial pilot’s license to operate a small UAS. Unlike a

conventional manned aircra f t, a UAS is remotely controlled by a ground

- based operator. The operational area is controlled and restricted, and all flights are planned and coord inated in advance. The level of safety exceeds that provided by a single individual holding a commercial pilot’s certificate operating a

conventional aircraft. The risks associated with the use of a UAS are so

diminished from the level of risk associated w ith commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b). 14 C.F.R. § 91.103: Preflight Action Section 91.103 requires each pilot to preflig ht an aircraft before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. Howeve r, an equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, flight battery req uirements, landing and takeoff distances, and aircraft performance data before commencement of flight. 14 C.F.R. §91.119(c): Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of

civil aircraft. Sectio n 91.119 provides, in pertinent part, that: “except when necessary for takeoff or landing, no person may operate an aircraft below the following alt i tudes : ..... (c) Over other than congested areas. An altitude of 400 feet above the surface, except over op en water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 400 feet to any person, vessel, vehicle, or structure.” Because Vive Media

, LLC requests authority to operate at altitudes only up to 400 AGL an exemption is needed to allow such operations. The UAS will never operate higher than 400 AGL. It will, however, be operated in a restricted area within a security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained conse nt. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of property owners or local officials. Because of the

advance noti ce to the property owners and participants in the filming activity, all affected individuals will be informed of the planned flight operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the p roposed UAS operations is far less than conventional aircraft operating at or below 400 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between a UAS and conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 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 a UAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption is needed. An equivalent level of safety will be achieved by the operator, 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 po int of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minute s

. . . .”

The battery powering the Vive Media

, LLC UASs provides approximately 25 minutes of powered flight. To meet the 20

- minute reserve requirement in 14 CFR §91.151, UAS flights will be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and its proposed operations within a predetermined location, a longer time frame for flight in daylight VFR conditions is reasonable. Furthermore, operating the UASs in a tightly controlled area where only people, property owners, or official representatives who have signed waivers will be allowed, less than 20 minutes of reserve fuel does not

enge nder the type of risk that §91.151(a) was intended to address.

Vive Media

, LLC believes that safety can be achieved by limiting flights to 10 minutes or 25% of battery power, whichever occurs first. This restriction would be more than adequate to return the UAS to its pre

- determined landing zone from anywhere in its limited operating area.

Vive Media

, LLC is not seeking an exemption for nighttime UAS operations. 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 secti on, have discrepancies repaired as prescribed in part 43 of this c h apter ...,” 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, the se sections will not apply to Vive Media , LLC’s operat i ons

. Maintenance will be accomplished by the opera to r. An equivalent level of safety will be achieved because the UASs are limited in size, will carry a small payload and operate only in restricted are as for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher

than 400 feet AGL . T he operator will ensure that the UAS is in working order prior to flight, perform any required maintenance, an d keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the UAS and best suited to maintain it in an airworthy condition.

Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determi ned that publication is needed:Vive Media

, LLC seeks an exemption from the following rules: 14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409( a)(2); and 91.417(a) and (b) to operate commercially a small unmann ed vehicle (55 pounds or less) for aerial photography and videography with the purpose of creating real estate, yacht, resort, charitable, and event marketing photo and video media.

As est ablished by the UAS exemptions already granted by the FAA, allowing commercial operat ions of UASs in the real estate and film industry will enhance safety by reducing ri sk. Conventional film operations, using turbine aircraft, operate at low altitudes and present the r isks associated with aircraft that weigh around 4,000 pounds, and which carry large amounts o f Jet A fuel. Such aircraft must also fly to and from the film location. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries eli minates virtually all of that risk given the small size and lack of combustible fuel. The UAS is carried, and not flown, to a film set. In this regard, the UAS carries no passengers or crew and, therefore, will not expose them to the risks associated with manned flights.

The operation of UASs conducted will provide an e ffective level of safety supporting the grant of the exemption requested herein. The UASs operate at slow speeds, close to the ground, and in a sterile environment. As a result, they

are fa r safer than conventional operations conducted with turbine helicopters carrying fuel and flying near the ground and people.

Privacy

All flights will occur over private or controlled access areas with the property owner’s prior consent and knowledge. F ilming will be only of people who have given their consent or otherwise have agreed to be in the area where filming will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating capabilitie s, proximity to airports and populated areas and operation within visual line of sight and national security) provide more than adequate justification to grant Vive Media

, LLC's requested exemption, allowing for Vive Media

, LLC 's UAS commercial operations for aerial photography and videography with the purpose of creating real estate, yacht, resort, charitable, and event marketing photo and video media.

If you have any questions or need any additional information, plea se contact
Matthew Coda at 703

- 409

- 554 or at Matt @ vive

- media .com.

Truly thankful,

Matthew Coda Director of Operations Vive Media , LLC

.