800.727.1941 | dwmlaw.com 

Rodney A. Lake 207.253.0560 Direct

rlake@dwmlaw.com

84 Marginal Way, Suite 600

Portland, ME 04101-2480

207.772.1941 Main

207.772.3627 Fax

July 1, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Summary Processing Exemption Request, Section 333 of the FAA Reform Act,

from 14 C.F.R. §§ 61.23(a)&(c), 61.101(e)(4)&(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)&(2), and

91.417(a)&(b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”), 

Altimedia LLC (“Altimedia”), operator of small Unmanned Aircraft Systems (“UASs,” or “sUASs”) 

equipped to conduct commercial flights for aerial data collection, including photography, filming,

newsgathering, and property inspection, hereby petitions 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 in an exemption granted under Section 333 of the Reform Act. As explained further 

below, Altimedia requests that this application receive “summary grant” processing. To that 

end, Altimedia will accept the conditions set forth in Grant of Exemption No. 11784 to 

Precision Unmanned Aerial, LLC (see Docket No. FAA−2015−0288).

As this exemption request is similar in all material respects to Exemption No. 11784 already granted, 

and given that Altimedia will accept the conditions set forth in Exemption No. 11784, this 

exemption request should qualify for “summary grant” processing as the FAA has already given 

public notice of and granted similar exemptions. In addition to Exemption No. 11784, the FAA has 

granted other exemptions in circumstances similar in all material respects to those presented in this
July 1, 2015

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petition as well. For example, in each of the Grants of Exemption Nos. 11062 to Astraeus Aerial 

(Docket No. FAA−2014−0352),11109 to Clayco, Inc. (Docket No. FAA−2014−0507), 11112 to

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

No. FAA−2014−0642), the FAA found that the enhanced safety achieved using sUASs carrying no 

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

in addition to flammable fuel, gave the FAA good cause to find that the sUAS operations enabled by

the exemptions were in the public interest. As with the approval of each of the aforementioned 

grants of exemption, therefore, approval of this exemption would enhance safety and fulfill the 

Secretary of Transportation’s mandate to “establish requirements for the safe operation of

[unmanned aircraft systems] in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the petitioner is: 

Altimedia LLC

Attn: Samuel Johnson

103 Falmouth Street

Westbrook, ME 04092

Regulations from which exemption is requested:

14 C.F.R. §§ 61.23(a)&(c)

14 C.F.R. §§ 61.101(e)(4)&(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. § 407 (a)(1)

14 C.F.R. §§ 409 (a)(1)&(2)

14 C.F.R. §§ 417 (a)&(b)

Section 333 of the Reform Act directs the Secretary of Transportation to determine, before

completion of the rulemaking required under Section 332, whether certain unmanned aircraft 

systems may operate safely in the national airspace system. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users of the

national airspace system 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; and

· Operation of the UAS within visual line of sight of the operator.
July 1, 2015

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Reform Act § 333(a). 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) (emphasis added). Additionally, the FAA 

Administrator has general authority to grant exemptions from the agency’s safety regulations and 

minimum standards when the Administrator decides a requested exemption is in the public interest. 

See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting 

exemptions from §§ 44701(a), (b) and §§ 44702 – 44716, et seq.). 

A party requesting an exemption must explain the reasons why the exemption: (1) would benefit 

the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of 

safety at least equal to the existing rules). See 14 C.F.R. § 11.81. The public interest will be served 

by granting Altimedia’s petition for exemption, given that Congress has established a national 

policy that favors early integration of sUASs into the national airspace system. Granting the 

requested exemption will significantly improve safety and reduce risk by alleviating the public’s 

exposure to danger and emissions associated with manned aircraft performing similar aerial data 

collection. Moreover, in the unlikely event that one of Altimedia’s sUASs crash, there would be no 

fuel to ignite and explode. Any accident involving Altimedia’s lightweight sUASs would present 

significantly less danger to the pilot and other individuals on the ground than one involving a full 

size, manned aircraft.

The FAA has previously granted exemptions to the following regulations to allow aerial data 

collection: 14 C.F.R. §§ 61.23(a)&(c), 61.101(e)(4)&(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)&(2), and 91.417(a)&(b). E.g., Exemption 

No. 11784, p. 2.

As explained below, Altimedia seeks an exemption from these same regulations, on the same terms 

as granted in Exemption No. 11784.

Regarding the Unmanned Aircraft Systems

Altimedia’s sUASs are all rotorcraft, weighting 55 or fewer pounds each, including payload. 

Specifically, Altimedia is requesting a grant of exemption for operation of the following three sUAS 

models:

· DJI Phantom 2 Vision+

· DJI Spreading Wings S1000+

· DJI Inspire 1

Each of these three UAS models have been the subject of prior FAA grants of exemption. 

E.g., Grants of Exemption Nos. 11784 to Precision Unmanned Aerial, LLC (Docket No.

FAA−2015−0288) (covering the DJI Inspire 1), 11311 to Next Generation Aviation Services, LLC

(Docket No. FAA–2014–1055) (covering DJI Spreading Wings S1000+), and 11398 to Vetus Wind, 

LLC (Docket No. FAA–2015–0145) (covering DJI Phantom 2 Vision+). Since the FAA has already 

granted exemptions specifically involving the three UAS models at issue here, and since Altimedia 
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agrees to accept the conditions set forth in prior exemptions, a separate analysis of the physical and 

operational characteristics of each would be redundant and as such, should not be required under the 

FAA’s summary grant process.

The sUASs to be operated under this request all weigh less than 55 pounds, including payload, will 

be operated at speeds of no more than 87 knots (100 miles per hour), will carry neither a pilot nor 

passenger, will carry no explosive materials or flammable liquids, and will operate exclusively within 

restricted areas. In no case will the sUASs be operated at airspeeds greater than the maximum 

operating airspeeds recommended by the sUAS manufacturers. Altimedia’s sUASs use radio 

frequencies for operation that comply with Federal Communications Commission requirements.

For the reasons stated above, operating in compliance with the conditions set forth in Exemption

No. 11784 will provide an equivalent level of safety to operations conducted without the grant of 

the requested exemption.

With respect to the unmanned aircraft systems, Altimedia specifically requests exemption from the 

following regulations, for the reasons described:

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

Section 91.7(a) provides that “[n]o person may operate a civil aircraft unless it is in 

an airworthy condition.” Under the statutory authority provided to the Secretary of

Transportation to waive the airworthiness certification requirement of 49 U.S.C. 

§ 44704, Altimedia understands that airworthiness certificates will not be required for 

the subject sUASs. Given the various safety-related conditions contained in 

Exemption No. 11784 (including pre-flight inspections), as well as the sUAS 

manufacturers’ maintenance, overhaul, replacement, inspection, and life limit 

requirements—all of which Altimedia has agreed to follow—a PIC will always be 

required to ensure a sUAS is in a condition safe for flight prior to commencing 

operations. Consequently, even in the absence of airworthiness certification the 

subject sUASs will, in practical effect, be operated only when they are in a condition 

safe for flight. In this manner, the safety policy underlying section 91.7(a) will be 

satisfied; therefore, an exemption from its application is appropriate.

14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(1)&(2), 91.417(a)&(b) — Maintenance, 

inspections required

Section 91.405(a) provides that each owner or operator of an aircraft “[s]hall have 

that aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections ... have discrepancies repaired as prescribed in part 43 of this 

chapter.” Section 91.407(a)(1) provides that an aircraft having undergone 

maintenance, preventative maintenance, rebuilding, or alteration may not be 

operated unless “[i]t has been approved for return to service by a person authorized 

under §43.7 ... ” Sections 91.409(a)(1)&(2) provide that an aircraft may not be 

operated unless, within the preceding 12 calendar months, it has had either an 
July 1, 2015

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“annual inspection,” or an “inspection for the issuance of an airworthiness certificate 

...” Sections 91.417(a)&(b) provide that certain maintenance records must be kept 

for specified amounts of time. 

Each of these regulations specify maintenance and inspection standards in reference 

to 14 C.F.R. Part 43. An exemption from these regulations is needed because Part 43 

and these sections only apply to aircraft with airworthiness certificates, which the 

sUASs to be operated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections 

will be performed in accordance with the operating documents and any required 

manufacturer safety or service bulletins. Further, the PIC will conduct a pre-flight 

inspection of the sUASs and all associated equipment to account for all 

discrepancies or inoperable components. Maintenance will be performed and 

verified to address any conditions potentially affecting safe operation of the sUASs

and no flights will occur unless, and until, all flight critical components of the sUASs

have been found to be airworthy and in a condition safe for operation. A functional 

test flight will be conducted following the replacement of any flight-critical 

components.

Therefore, an exemption from the requirements described in sections 91.405(a), 

91.407(a)(1), 91.409(a)(1)&(2), and 91.417(a)&(b), concerning maintenance and 

inspections, is appropriate.

Regarding the Unmanned Aircraft PIC

Altimedia’s sUAS pilot in command (“PIC”) shall hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate. The PIC shall 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.

Altimedia will not allow any PIC to operate a sUAS unless the PIC demonstrates the ability to safely 

operate the sUAS in a manner consistent with how the sUAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles, and structures. Flights for the purpose of training Altimedia’s PICs and visual 

observers (e.g., training, proficiency, and experience-building) will be conducted under the terms of 

the requested exemption.

Altimedia will, additionally, comply with the conditions set forth in Exemption No. 11784, which 

will provide an equivalent level of safety with respect to PIC qualifications as would operations 

without the requested exemption.
July 1, 2015

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With respect to the sUAS PICs, Altimedia specifically requests exemption from the following 

regulations:

14 C.F.R. §§ 61.23(a)&(c) — Medical certificates: Requirement and duration

Sections 61.23(a)&(c) designate those operations requiring a medical certificate, or a 

U.S. driver’s license. Consistent with current FAA policy a medical certificate is no 

longer required—irrespective of the pilot certificate held by the PIC—with respect 

to operations conducted under section 333 exemptions. Rather, “a Section 333 

operator only needs a valid driver’s license to satisfy the medical requirement.”

FAA Summary Grants Speed UAS Exemptions, available at: 

http://www.faa.gov/news/updates/?newsId=82485 (last visited June 15, 2015).

Given current FAA policy in this context, an exemption from the requirement of 

sections 61.23(a)&(c) is appropriate.

14 C.F.R. §§ 61.113(a), 61.101(e)(4)&(5), 61.315(a) — Private, recreational, and sport

pilot privileges and limitations

Section 61.113(a) limits private pilots to non-commercial operations. Specifically, it 

provides that “no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as pilot in command of an 

aircraft.”

Because the sUASs will not carry pilot(s) or passengers, the proposed operations can

achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to hold a certificate issued by the FAA authorizing operation

of any aircraft (viz., ATP, commercial, private, recreational or sport). Unlike

conventional, manned aircraft that carry pilot(s) and passengers, sUASs are remotely

controlled with no living beings on board. The area of operation is controlled and

restricted, and all flights are planned and coordinated in advance. The risks

associated with the operation of these sUASs are so diminished from the level of

risk associated with commercial operations contemplated by Part 61, that allowing 

operations of the sUASs with any pilot certificate issued by the FAA exceeds the 

present level of safety achieved by Part 61. Therefore, an exemption from the 

limitations, described in section 61.113(a), on commercial activity of private pilots, is 

appropriate.

Sections 61.101(e)(4)&(5), and 61.315(a), prescribe similar limitations for holders of 

recreational, and sport, pilot certificates. Specifically, sections 61.101(e)(4)&(5)

restrict persons holding recreational pilot certificates from acting as pilot in 

command of an aircraft “[f]or compensation or hire” or “[i]n furtherance of a 

business.” Section 61.315(a), by reference to paragraph (c), prohibits a holder of a 

sport pilot certificate from acting as pilot in command of a light-sport aircraft “[t]hat 

is carrying a passenger or property for compensation or hire,” “[f]or compensation 
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or hire,” or “[i]n furtherance of a business.” 14 C.F.R. §§ 61.315(c)(1)-(3). For the 

same reasons described immediately above with respect to private pilot limitations, 

the level of safety provided by the conditions with which Altimedia has agreed to 

comply exceeds that provided by a single individual holding a commercial pilot’s

certificate operating a conventional, manned aircraft. Therefore, an exemption from 

the limitations described in sections 61.101(e)(4)&(5) and 61.315(a), on commercial 

activity of recreational and sport pilots, is appropriate.

Regarding the Operation of the Unmanned Aircraft

With respect to operations of its sUASs, Altimedia will comply with the conditions set forth in

Exemption No. 11784. Furthermore, Altimedia specifically requests exemption from the following 

regulations:

14 C.F.R. § 91.119(c) — Minimum safe altitudes over other than congested areas

Section 91.119 establishes minimum safe altitudes for operation of civil aircraft.

Under section 91.119(c), over other than congested areas and except when necessary 

for takeoff or landing, no person may operate an aircraft below “500 feet above the 

surface,” or, when over open water or sparsely populated areas, “closer than 500 feet 

to any person, vessel, vehicle, or structure.”

An exemption from the limitations set forth in section 91.119(c) will produce a level 

of safety equivalent to that achieved through compliance with those limitations, given 

the size, weight, speed of the sUASs as well as their locations of operation. No flight 

will be taken without the permission of the owner of the property over which it is to 

be conducted. Compared to flight operations with aircraft weighting more than 55 

pounds and given the lack of flammable fuel, any risk associated with these operations 

is far less than those presented with conventional aircraft operated in compliance with 

section 91.119(c). In addition, the low-altitude operations of the sUASs will ensure 

separation from conventional aircraft operated in compliance with Section 91.119(c).

Finally, given that the sUASs will never operate at altitudes higher than 400 above 

ground level, it simply would not be practicable for Altimedia to comply with the 

limitations set forth in section 91.119(c). Therefore, an exemption from the 

limitations described in section 91.119(c), concerning minimum safe altitudes over 

other than congested areas, is appropriate.

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.” While the sUASs that 

Altimedia will operate do not contain altimeters, they do relay GPS-based altitude 

information in real time to the PIC. Combined with the limitation that all operations 
July 1, 2015

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will be conducted within visual line-of-sight, the GPS altitude information will 

provide an equivalent level of safety to that achieved through compliance with section 

91.121. Therefore, an exemption from the limitations described in section 91.121, 

concerning altimeter settings, is appropriate.

14 C.F.R. § 91.151 — Fuel requirements for flight in VFR conditions

Section 91.151(a)(1) prohibits 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

—[d]uring the day, to fly after that for at least 30 minutes.”

The batteries powering the sUASs generally provide approximately 20 – 25 minutes

of powered flight. Thus, the 30 minute reserve requirement in section 91.151(a)(1)

would preclude sUAS flights altogether. Given the limitations on the sUASs’

proposed flight area, a longer time frame for flight in daylight VFR conditions is

reasonable. Altimedia believes that an equivalent level of safety can be achieved by

limiting flights to durations that allow for 5 minutes of battery reserve time. This 

restriction would be more than adequate to return sUASs to their planned landing

zones from anywhere in their limited operating area. Therefore, an exemption from 

the fuel requirements of section 91.151 is appropriate.

*********

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:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations:

14 C.F.R. §§ 61.23(a)&(c), 61.101(e)(4)&(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)&(2), and 91.417(a)&(b).

The exemption will enhance safety by reducing risk to the general public and property owners 

from the substantial hazards associated with using conventional fixed-wing aircraft or, 

rotorcraft for aerial data collection.

*********
July 1, 2015

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For the reasons described above Altimedia’s petition for exemption satisfies the requirements of 

Section 333 of the Reform Act of 2012, and thus we respectfully request that the exemption be 

granted.

Should you have any questions or require additional information to process this exemption request,

please do not hesitate to contact the undersigned.

Best regards,

/s/ Rodney A. Lake

Rodney A. Lake

Counsel for Altimedia LLC

RAL/cp