10120 W. Broad Street, Suite G

Glen Allen, VA 23060

804.359.3620

Fax 757.282.2615

email: info@newmediasystems.net

web site: www.newmediasystems.net

September 12, 2015

United States of America

U. S. Department of Transportation

Federal Aviation Administration

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation

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

REQUEST FOR EXEMPTION SUMMARY

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, New Media

Systems, Inc., an operator of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Aviation

Regulations (“FARs”) to allow commercial operation of its UA.

I. REFERENCE SUMMARY

•	 Types of aircraft to be flown:

o DJI Inspire 1 (Previously granted in Exemption No. 11607)

o Phantom 3 (Previously granted in in Exemption No. 11845)

• The operations will be for:

o Aerial data collection, 1 and

o Closed-set film/television production.

• The petitioner will operate under the restrictions listed below and those in the Flight Operations Procedure Manual

(FOPM), Airplane Flight Manual (AFM), and Motion Picture and TV Operations Manual (MPTOM) which will be

confidentially submitted electronically.

• We already agree to all the restrictions listed in Exemption # 11284 which are listed below.

II. CONTACT INFO:

New Media Systems, Inc.

Richard MacDonald

10120 W. Broad Street, Suite G

Glen Allen, VA 23060

804-359-3620

richard@newmediasystems.net

1 “Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision

surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.” Exemption No. 11482III. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

• 14 C.F.R. § 61.23(a) and (c)

• 14 C.F.R. § 61.101(e)(4) and (5)

• 14 C.F.R. § 61.113(a)

• 14 C.F.R. § 61.315(a)

• 14 C.F.R. § 91.7(a)

• 14 C.F.R. § 91.119(c)

• 14 C.F.R. § 91.121

• 14 C.F.R. § 91.151(a)(1)

• 14 C.F.R. § 91.405(a)

• 14 C.F.R. § 91.407(a)(1)

• 14 C.F.R. § 91.409(a)(1) & (2)

• 14 C.F.R. § 91.417(a) & (b)

IV. EXTENT OF RELIEF THE PETITIONER SEEKS FROM THE ABOVE LISTED REGULATIONS

A.	14 C.F.R. § 61.23(a) & (c): Medical Certificates

Exemption # 11221, # 11284, and many others have provided that a U.S. driver’s license could be used in lieu of

the medical certificate provides an equivalent level of safety. The Petitioner is likewise seeking the same set of

previously granted restrictions.

B.	14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot

Limitations.

Exemption # 11221, # 11284, and many others have declared that there is an equivalent level of safety as

the FAR’s by requiring the PIC to “hold either an airline transport, commercial, private, recreational, or sport

pilot certificate.” Likewise, New Media Systems, Inc. is also performing commercial UAS work and is asking

for the same restrictions which have been previously deemed to provide an equivalent level of safety as the

burdensome regulations.

C.	14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot In Command.

Sub-sections 61.113(a) limit private 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 sport pilot license rather than a commercial pilot’s license to

operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely

controlled with no living thing on board.

D.	14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

As there will be no airworthiness certificate issued for the unmanned aircraft, and no FAA regulatory standard will exist

for determining airworthiness of the UA, the requirements contained in the confidentially submitted FOPM, AFM, and

MPTOM and the restrictions already agreed to will provide an equivalent level of safety.

Furthermore, all of the aircraft has been previously evaluated and deemed to have the equivalent level of safety of

the regulations if operated under the restrictions below. Therefore, this aircraft should not be required to have an

airworthiness certificate based upon the FAA’s previous determinations.

E.	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.

Because of 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 addition, the low-altitude, 500 foot and below, operations of

the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must

comply with Section 91.119.F.	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 UAS 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 following the confidentially submitted FOPM,

AFM, and MPTOM. Furthermore, many other petitions have been granted allowing GPS to be used in lieu of an altimeter

setting.

G. 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.”

Applicant believes that an equivalent level of safety can be achieved by restricting operations to “the intended operation

and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if

greater.” Exemption # 11284, at page 5.

H. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(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” 2 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.

An equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small

payload and operate only in restricted areas for limited periods of time. Moreover, the operator 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. Lastly, the petitioner will operate in accordance with the confidentially submitted FOPM, AFM, and MPTOM

which will provide an equivalent level of safety as the burdensome regulations.

V. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST

The Petitioner intends to produce picture and video content. If the petitioner does not have the option of using the

Petitioner’s UA, the only other way to obtain the aerial footage is by using manned aircraft which pose a danger to the

pilot as well as individuals on the ground. There are no pilots on board the UA and due to the small size of the UA, there

is less risk posed to the public on the ground in case of an emergency. Additionally, the UA has multiple motors while

most manned aircraft have only one engine.

Manned airplanes and helicopters produce great amounts of noise pollution disrupting the quiet enjoyment of private

property of the public on the ground. UA are much quieter and will not disrupt the public as much as manned aircraft;

thus, the public will benefit from a reduction in noise pollution.

In addition to the noise pollution reduction, engine or turbine powered aircraft produce exhaust which affects

the environment while the UA of the petitioner are electric and do not produce any emission. The environment

and the public are benefited by the use of UA.

UA use batteries for power which are not as flammable and explosive as 100LL or Jet A. If there was an

emergency where the UA crashed, there is less chance of individuals being injured from an explosion or fire. UA

also use smaller propellers than manned helicopters which will cause far less damage in the case of a crash than

the “grenading” that typically happens during a manned helicopter crash.

Lastly, the UA will be operated at lower altitudes than manned aircraft. Thus, the public benefits because the

danger of a mid-air collision is lessened.

2 14 C.F.R. § 91.405(a).VI. EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein applies 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.

These limitations and conditions are identical to Exemption # 11284 except for the difference in aircraft. New

Media Systems, Inc. agrees to be bound when conducting commercial UA operations. The list of limitations and

conditions include the following:

1. Operations authorized by this grant of exemption are limited to the, DJI Inspire and DJI Phantom 3 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 permitted.

3. The UA may not be flown at a ground speed exceeding 50 knots. 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. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the

procedures specified in the operator’s manual. All altitudes reported to ATC must be 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 FAAissued medical certificate.

6. All operations must utilize a visual observer (VO). 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.

7. The operator’s manual is considered acceptable to the FAA, provided the additional requirements identified

in these conditions and limitations are added or amended. The operator’s manual and this grant of exemption

must be maintained and made available to the Administrator upon request. If a discrepancy exists between

the conditions and limitations in this exemption and the procedures outlined in the operator’s manual, the

conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow

the procedures as outlined in its operator’s manual.

The operator may update or revise its operator’s manual. It is the operator’s responsibility to track such revisions

and present updated and revised documents to the Administrator upon request. The operator must also

present updated and revised documents if it petitions for extension or amendment. If the operator determines

that any update or revision would affect the basis for which the FAA granted this exemption, then the operator

must petition for amendment to their exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted

if questions arise regarding updates or revisions to the operator’s manual.

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 in accordance with the

operator’s manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft

records of the flight. The requirements and procedures for a functional test flight and aircraft record entry must

be added to the operator’s manual.

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 Colombia, 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.

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 experiencebuilding 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 t predetermined 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.

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. 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.

New Media Systems, Inc.’s UA are rotorcraft, weighing 55 lbs. or less including payload. They operate, under

normal conditions at a speed of no more than 50 knots and they have the capability to hover, and move in the

vertical and horizontal plane simultaneously.

32. They will operate only within VLOS and only within the restrictions above and inside the confidentially submitted

FOPM, AFM, and MPTOM. Such operations will insure that the UA will “not create a hazard to users of the

national airspace system or the public.” 333. Given the small size of the UA involved and the restricted environment within which they will operate, 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 UA to commence immediately. Also, due to

the size of the UA and the restricted areas in which the relevant UA will operate, approval of the application

presents no national security issue.

34. Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no

ability or place to carry certification and registration documents or to display them on the unmanned aircraft. An

equivalent level of safety will be achieved by keeping these documents at the ground control point where the

pilot flying the UA will have immediate access to them. Also, given the size of the unmanned aircraft, the FAA

registration number will be displayed on the airframe in as large a font as possible.

VII. THE PETITIONER REQUESTS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN

ACCORDANCE WITH 14 C.F.R. § 11.87.

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption?

The FAA may not publish a summary of your petition for exemption and request comments if you present or we

find good cause why we should not delay action on your petition. The factors we consider in deciding not to

request comment include:

(a) Whether granting your petition would set a precedent.

(b) Whether the relief requested is identical to exemptions granted previously.

(c) Whether our delaying action on your petition would affect you adversely.

(d) Whether you filed your petition in a timely manner.

Corresponding to the above sub-sections, the Petitioner has good cause to request the FAA to waive the

comment period and not delay action on the petition because:

(a) New Media Systems, Inc. would not set any precedent. New Media Systems, Inc. agrees to the SAME exact

limitations as Exemption # 11284. Furthermore, the Inspire 1 and Phantom 3 have already been evaluated under

previous petitions.

(b) New Media Systems, Inc. agrees to the SAME exact limitations as Exemption # 11284.

(c) Delaying the granting of this petition would adversely affect the public, the FAA, and New Media Systems,

Inc. the public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby

freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher

priorities. Moreover, New Media Systems, Inc. is adversely affected by the above listed regulations.

(d)	 The petition has been filed in a timely manner.

VIII. FEDERAL REGISTER SUMMARY

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

be determined that publication is needed.

Applicant seeks an exemption from the following rules:

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

commercially a small unmanned vehicle (55 lbs. or less) for closed-set TV and movie filming and also for aerial data

gathering using a DJI Inspire and Phantom 3.

This exemption will allow commercial operations of UA’s which will enhance safety by reducing risk. The alternative

to using a UA is to use a jet or piston power aircraft carrying large amounts of jet A or other fuel. Not only is the

operation dangerous at the location, the aircraft must fly to the location and back to the home airport. Our UA will

weigh less than 55 lbs. and powered by batteries which eliminates most of the risk because no highly flammable

fuel will be involved. The UA will carry no passengers or crew; thus, eliminating most of the risk to the pilot and

personnel. The operations of the UA listed under the restrictions proposed herein will provide an equivalent level

of safety as the Federal Aviation Regulations.

3 14 C.F.R. § 91.405(a).IX. OPERATING DOCUMENTS

New Media Systems, Inc. will operate only within the limitations above and the limitations listed in the

confidentially submitted FOPM, AFM, and MPTOM. The limitations above, from the previously granted exemption,

will be followed if there is a conflict with the FOPM, AFM, or MPTOM.

X. STATUTORYAUTHORITY TO GRANT THIS PETITION

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 UAS’s, 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(b).

This exemption petition is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of

the FAA Modernization and Reform Act of 2012. 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 FAA Modernization and Reform Act. In making

this determination, the Secretary is required to determine which types of UA 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 UA’s size, weight, speed, and operational capability;

• Operation of the UA in close proximity to airports and populated areas; and,

• Operation of the UA within visual line of sight of the operator (VLOS). 4

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

XI. CONCLUSION

The operation of New Media Systems, Inc. using a small UAS, weighing less than 55 lbs., conducted under

the proposed restrictions outlined above, will provide an equivalent level of safety supporting the grant of the

exemptions requested herein.

If I can be of any help regarding this petition, please do not hesitate to contact me at

(804) 359-3620 or at my email richard@newmediasystems.net

Sincerely yours,

Richard MacDonald

richard@newmediasystems.net

4 FAA Modernization and Reform Act of 2012 at § 333(a). airspace system.” Id. § 333(c) (emphasis added).5 The FAA has already established requirements for summary grants which will be further

discussed below.