June 17, 2015

Exemption No. 11844

Regulatory Docket No. FAA–2015–0404

Mr. Scott Dennison

Manager of Risk and Crowd Services

SFX Entertainment

13622 East Westland Road

Scottsdale, AZ 85262

Dear Mr. Dennison:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

The Basis for Our Decision

By letters dated February 17 and April 4, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of SFX Entertainment (hereinafter petitioner or operator) for 

an exemption. The exemption would allow the petitioner to operate an unmanned aircraft 

system (UAS) to conduct monitoring of traffic flow and parking lots to assist state and local 

enforcement agencies in traffic management at outdoor music festivals.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.
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Airworthiness Certification

The UAS proposed by the petitioner is a DJI S900.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, SFX Entertainment is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 
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the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection.

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, SFX Entertainment is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI S900 when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 
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Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator 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;

g. Signature of exemption holder or representative; and

h. 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 altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
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Project Officer: _______________

SCOTT DENNISON

MANAGER OF RISK AND CROWD SERVICES

SFX ENTERTAINMENT

13622 EAST WESTLAND ROAD

SCOTTSDALE AZ 85262
APPLICATION/PETITION FOR EXEMPTION (Drone “UAV” Use) 

Manager of Risk and Crowd Services

SFX Entertainment

430 Park Ave

New York, NY 

sdennison@sfxii.com

Tel; 480-707-3798

STATED SECTION(S) FOR RELIEF SOUGHT 

COMES NOW, SFX Entertainment, Inc. herein after referred to as SFX, and does hereby submit and 

request exemptions to FAA Rules for drone (UAV) usage, and seeks an exemption Filed under Section 

333 to grant relief from and an airworthiness Certificate under the FAA Modernization and Reform Act 

of 2012, Public Law 112-95 FEB 14,2012, Section 333. SFX is a domestic public company that specializes 

in the production of large Music Festivals around the United States. At all times, SFX carries insurance, is 

fully legal in all Stats and has NEVER operated a UAV at any time, prior to this application being filed. 

Our use of the DJI 900 is less than 3.3kg and does not fly over 35 mph and does not operate in proximity 

to airports and populated areas, and operation is within a visual line of sight does not create a hazard to 

users in the national airspace system or the public or pose a threat to national security.

Exemption under the Requirements of 14CFR 11.81

SFX will conduct UAV operations safely to minimize risk to the NAS or to persons and property on the 

ground. SFX will use its UAV to conduct monitoring of traffic flow and parking lots in order to assist 

State and Local Law Enforcement agencies in traffic management at our outdoor music festivals. The 

cost incurred by obtaining a helicopter is excessive and the monitoring of traffic using a UAV is an 

economic advantage to all parties concerned. In fact many local law enforcement agencies do not have 

access to helicopter for this purpose.

We have included in this submission a copy of the DJI 900 a commercially available UAV that has been 

used extensively in the United States with an excellent safety record.

SFX has an ongoing relationship with FAA headquarter (Mr. Brian Thoorp brian.thoorp@faa.gov) for 

limiting overflights at our concert venue and also DHS (JONATHAN D. RICHESON, Security Specialist 

Commercial and Government Facilities Section, Sector Outreach and Programs Division Department of 

Homeland Security.

Prior to any flight a complete pre-flight is conducted, weekly operational inspections and an annual 

inspection by an authorized DJI service center to insure that all operational components are in proper 

factory specifications. (See Attached manual)

The Radio Frequency spectrum that is used for control and its associated equipment is in the 2.4 giga 

hertz range and complies with the Federal Communications Commission requirements.
Pilot in Command

The UAV for SFX will only be operated by Mr. Scott Dennison the Manager of Risk and Crowd Services. 

Mr. Dennison is a licensed commercial pilot with instrument and multi-engine rating with over 7000 

hours of flight time in a variety of aircraft (Certificate number 579623050). Mr. Dennison also has a BS 

degree in Aviation Technology from Purdue University. In addition Mr. Dennison is also a former 

Special Agent for FAA and Federal Air Marshall. Mr. Dennison also is actively involved with many 

Federal Agencies to include DHS.

Mr. Dennison has taken a variety of significant courses offered by DJI the manufacturer of the UAV on its 

operation and safety requirements.

Mr. Dennison knows the safety threat these vehicles can pose to air traffic, the general public and 

others, and as such, since he has a working, and real world knowledge, his operation of a UAV is far 

superior than that of an operator that merely buys a UAV and then operates it outside the confines and 

guidelines/regulations of the FAA. 

Proposed Operations:

SFX has 5 major outdoor festivals a year located in remote communities. The Manager of Risk works 

closely with Federal, State and Local Law Enforcement to insure a safe environment for our employees, 

patrons and the local community. In this effort the proper management of traffic into and out of the 

event is of major concern to law enforcement and the local community. 

In order to properly manage traffic operations information must be passed to State and Local law 

enforcement on the flow of traffic into and out of the event along with the current status of parking lot 

capacities. Due to the limited number of police officers available to monitor traffic operations and the 

excessive cost of renting a helicopter the UAV offers immediate information to all involved at an 

economical cost.

The UAV will be operated at altitudes not to exceed 300 feet and a forward speed of less than 25 mph. 

Minimum flight visibly will be set at 3 miles. The UAV is not intended to be flow over persons but only 

to monitor traffic operations. If winds exceed 25 mph the UAV will not be used. Safety measures in 

place for the UAV are contained in the operations manual of the DJI900. In addition the DJI900 used by 

SFX is equipped with a deployable parachute that can be remotely operated. All flights by the SFX UAV 

will be line of sight with an observer and the pilot, during daylight conditions, inside Class G 

(uncontrolled) airspace and more than five miles from any airport or other location with aviation 

activities. 
Operational Area

The UAV use is intended solely for the footprint of the venue for each music event on a conditional use 

permit granted by the county or city of the event. Prior to any operational use a complete risk 

assessment is done to determine any obstructions to the proposed flight paths that would be involved. 

The UAV will not be operated within 5 miles of any airport. 

Visual line of site will be accomplished by the Pilot and his observer watching the aircraft at all times. 

Information is relayed to local law enforcement officials via 2 way radio. In addition SFX operates with 

the cooperation of Federal, State and Local Law Enforcement officials and Incident Command Post (ICP). 

All flight operations are cleared with the ICP prior to departure and prior to landing. This is in 

accordance with Section 333 (b)(1)

Pre Flight Safety Risk Assessment:

A pre-flight a safety risk assessment is done in accordance with 14CFR 91.7(b). This information is 

contained in the DJ900 operations manual. In addition to this SF Risk Department conducts a total 

assessment of all flight paths, take off locations and landing zones. The SFX risk Department has 

meteorologist on site at all times to insure the weather conditions are proper for the safe UAV flight 

operations. No operation of the UAV can occur till such time as the on-site meteorologist has approved 

the flight based on local conditions. , shall at all times, and as a minimum, observe all applicable 

regulations of 14 CFR parts 61 and 91. This document is intended to identify alternate methods of 

compliance with the regulations when evaluating proposed UAS operations. In this case, the applicant 

himself, that was in fact, is an accomplished pilot and former FAA Official, the applicant understands and 

has working knowledge of the rules of flight, air traffic patterns, safety standards, aeronautics, which 

SFX would argue is way beyond that of the typical and relevant average operator now existing and 

making use of an UAV. 

SUMMARY 

WHEREFORE, the applicant, SFX (Scott Dennison), respectfully requests a (24) month exemption to 

lawfully, within the stated regulations of the FAA and others, and as stated, operate a UAV for the sole 

purpose of traffic management for music festivals in support of State and Local Law Enforcement. 

FURTHER, it is stated and affirmed here, that SFX (Sean Murphy) has made application for the required 

COA.