April 6, 2015 

 Exemption No. 11297 

 Regulatory Docket No. FAA−2014−0957 

Mr. Brian M. Walk 

Aerial Media Systems 

757 Dakota Trail 

Franklin Lakes, NJ 07417 

Dear Mr. Walk: 

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 letter dated November 26, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Aerial Media Systems (hereinafter petitioner or operator) for an 

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

(UAS) to conduct video, images, and surveying of persons and property for commercial 

broadcast. 

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. The FAA received one 

comment on the petition for exemption. The commenter did not directly address the petition, 

but instead offered suggestions for integrating small UAS into the National Airspace System. 
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Airworthiness Certification 

The UAS proposed by the petitioner are the DJI Phantom 2 and S1000. 

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, 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, Aerial Media Systems 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 

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. 
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Conditions and Limitations 

In this grant of exemption, Aerial Media Systems 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 Phantom 2 and 

S1000 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 

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. 
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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 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 
5 

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 FAApublished 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 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-
6 

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. 

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. 
7 

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. 

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Barbagallo 

Acting Deputy Director, Flight Standards Service 

 
1

November 12, 2014

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Aerial Media Systems

Brian M Walk

757 Dakota trail

Franklin Lakes, NJ 07417

Re: Request for exemption from multiple regulatory provisions to allow the use of small

unmanned aerial systems over land controlled by employees of Aerial Media Systems 

(AMS) to assist in the safe capture of video, images, and surveying of persons and 

property for commercial broadcast.

Aerial Media Systems (AMS) respectfully requests exemption from several provisions of the 

Federal Aviation Regulations (“FAR”), specifically portions of 14 C.F.R. Parts 45, 61, and 91 to allow, 

commercial operations of its unmanned aerial system in remote, rural, and closed production sets, areas of 

the United States, as further defined herein, by a Pilot in Command holding an Airline Transport pilot 

certificate, the Motion picture and television operations manual, and the Aerial Media Systems Flight 

Operations Manual.

Brian Walk, and his company Aerial Media Systems, is an experienced FAA Air Transport Pilot. Mr. 

Walk is currently responsible for a single aircraft IS-BAO stage II private flight department. Mr. Walk 

has extensive knowledge and respect for the F.A.R.s that govern and certify manned aircraft. Mr. Walk 

has been an avid R/C model flyer for over twenty years. Aerial Media Systems has been actively 

involved in the technical development of UAV/UAS service applications to provide high definition video 

and surveying capability with small unmanned and light weight UASs. Aerial Media Systems 

exemption request would permit its operation of lightweight, unmanned (remotely controlled in 

line of sight) UASs in tightly controlled and limited airspace. Predetermined, specifically marked 

areas of operation, cordoned off locations and corresponding enhancements to current safety 

controls will allow Aerial Media Systems to operate within current safety parameters and new 

ones being implemented. As identified, similar lightweight, commercially available remote 

controlled UASs are legally operated by amateurs with no flight experience, or practices in place 

to prevent accidents from occurring. Aerial Media Systems employs fully licensed and current 

pilots that are also experts in the flight characteristics of the UAS/UAV in which Aerial Media 

Systems operates. 
2

 Accordingly, the grant of an exemption is consistent with Congress’ intent, reflected in Section 

333 of the FAA Modernization and Reform Act of 2012 (Modernization Act),1 that safe systems 

be permitted in the national airspace prior to the issuance of final regulations governing general 

use of these systems. 

Section 1: A summary of this request suitable for publication in the Federal Register is 

provided as section 1. As well answers to questions posed by Section 333 Public Guidance 

PDF, as numbered.

Section 2: See Attached Documentation Labeled Section 2 Provides the manufacturer’s

information, aircraft information, and fail safe programming. The manufacturer information 

related to the normal and abnormal procedures, as well as maintenance and inspection 

procedures.

Section 3: See Attached Documentation Labeled Section 3 Provides Aerial Media Systems 

Flight Operations Manual for all flights flown under the exemption request. Please See 

Attached Flight Operations Manual. 

Section 4: The specific sections of 14 CFR from which we seek exemption

Section 1.

Section 333 Public Guidance 1,6,7,8,9. Aerial Media Systems will 

operate as safely as possible, taking every precaution to minimize risk to the NAS or to persons and 

property on the ground. Brian Walk and Aerial Media Systems exemption will not adversely affect 

safety to persons or property by following the strict guidance set forth by its procedures and the 

operator’s years of experience. By allowing Aerial Media Systems to operate, Aerial Media 

Systems pilots will be able to gain valuable real world experience that is unattainable any other 

way. Much like operating a commercial or corporate aircraft. Experience is gained through 

practical and safe real world experience. With this experience Aerial Media Systems will 

develop existing techniques and protocols, as well as develop new ones. In addition, Aerial 

Media Systems submits its Flight operations Manual attached to this Exemption Request. 

Included in the Aerial Media Systems Flight Operations Manual.

- Pilot in Command Qualifications and duties

- Second in Command Qualifications and duties

- Spotter qualifications and duties

- FAA Medical Requirements

- Pilot currency requirements

- Crew Resource Management objectives 

- Safety Management System

Aerial Media Systems strives to provide a level of safety that exceeds the existing regulations. 

Aerial Media Systems strives to operate its UAS/UAV as closely and within practicality to the 

already proven safe F.A.R.s. It is significantly safer to operate a battery powered lightweight 

UAS piloted by FAA licensed pilots than the current helicopter based aerial cinematography 
3

systems. First, and foremost the potential loss of life is zero because UASs do not carry an on 

board crew and Aerial Media Systems only operates them in specific areas away from dense 

populations. UAS are battery powered, carrying no flammable liquids, thus the potential for fire 

or explosions is greatly diminished. Third, the small size and extreme maneuverability of Aerial 

Media Systms UASs allow our remote control pilots to avoid hazards. Given their small size and 

weight, they pose less of an environmental and noise impact than conventional manned 

helicopter based systems available today. Aerial Media Systems UAS systems produce less 

noise than ground power units used to power small corporate aircraft. Thus reducing the acoustic 

footprint.

• Aerial Media Systems UASs weigh less than 55 pounds Max Tax off Weight

• Aerial Media Systems only operates its UASs below 400 feet;

• Aerial Media Systems UASs only operate for 5-25 minutes per flight;

• Aerial Media Systems lands its UASs when they reach 30% battery power;

• Aerial Media Systems remote control pilots operate Aerial Media Systems UASs

by line of sight;

• Aerial Media Systems remote control pilots have video backup should they somehow

lose sight of the UAS;

• Aerial Media Systems staffs each flight with a remote control pilot, technician and

spotter with communication systems enabling real time communication between them;

• Aerial Media Systems UASs have GPS flight modes whereby they hover and then

slowly land if communication with the remote control pilot is lost or battery power is

below 30%;

• Aerial Media Systems actively analyses electronic flight data and other sources of

information to constantly update and enhance safety protocols;

• Aerial Media Systems only operates in secured areas that are strictly controlled, are

away from airports and populated areas;

• Aerial Media Systems conducts extensive briefing prior to flight, emphasizing safety.

Aerial Media Systems recognizes there is always a potential hazard to those on the ground. 

These people will be protected by the fact that the no one will be allowed entry into the 

operations area without prior permission. Security will be established for the operations area as 

part of the pre-flight inspections. Each person within the operations area will be briefed about 

the UAS system’s flight and give consent to be in the operations area.
4

Aerial Media Systems UASs utilizes four or eight counter-rotating propellers for balance, 

control and stability in all segments of flight. Each craft weighs less than 55 pounds, including 

cinematic or other research equipment. Each of Aerial Media Systems small unmanned aircraft 

are designed to primarily hover in place and operate at less than a 50 knot maximum speed. They 

are capable of vertical and horizontal operations but operate only within the line of sight of the 

remote control pilot. In addition to the remote control pilot, Aerial Media Systems uses a spotter/ 

Second in Command and a technician, such that, at minimum, three Aerial Medial Systems 

personnel govern the safe flight of an Aerial Media Systems aircraft at all times. 

Utilizing battery power and not combustible fuels, flights generally last between five and twenty 

minutes. Aerial Media Systems does not operate its UASs with less than 30 percent battery 

capacity. Safety systems in place include a GPS mode that allows Aerial Media Systems UASs 

to hover in place if communication with the radio control pilot is lost and then slowly descend 

the UAS at 30 percent battery capacity. Aerial Media Systems aircraft are programmed, in some 

instances, to slowly follow a predetermined set of waypoints to return to a safety point 

predetermined by the Pilot-In-Command if communications are lost.

Aerial Media Systems will not operate its UASs within 5 miles of airports and does not

operate them over uncontrolled populated areas. The UAS operating software and GPS 

navigation systems do not allow any of the Aerial Media Systems UAS vehicles to operate near 

airports or FAA mandated no-fly zones. In the event an operation needs to be conducted closer to 

an airport, Aerial Media Systems will inform the airport operator and airport air traffic control 

tower of the contemplated operation and will comply with any directions issued by air traffic 

control at that airport Aerial Media Systems only operates its UASs in predetermined areas and 

only in compliance with safety protocols such as those contained within the well established 

Motion Picture and Television Operations Manual, as well as within its own Flight Operations 

Manual. Aerial Media Systems Flight Operations Manual is tailored to UAS flight, and as 

closely as practical follows guidelines set forth for the operation of the multi-crew manned 

aircraft.

Aerial Medial Systems operation of its fleet of small unmanned aircraft will not "create a

hazard to users of the national airspace system or the public." 112 P.L. 95 § 3 3 3 (b). Given the

small size and weight of Aerial Media Systems UASs, combined with their operation in 

cordoned off and well-controlled areas, Aerial Media Systems flight operations fall within 

Congress's contemplated safety zone when it disseminated the Reform Act and the 

corresponding directive to integrate UASs into the national airspace system. Aerial Media 

Systems UASs have a demonstrable safety record and do not pose any threat to the general 

public or national security.

Section 333 Public Guidance 2. Aerial Media Systems procedures and 

checklists are based on full sized aircraft checklists. They are completed by 

professional pilots who understand the checklists and their uses. Please see attached 

General Operations Manual and Checklists in section 2.

Section 333 Public Guidance 3. All Aerial Media Systems equipment 

complies with the Federal Communications Commission. All equipment either operates 
5

under 2.4 or 5.8 GHZ frequencies which are publicly available to Futaba and Spektrum 

radios for model use.

Section 333 Public Guidance 4. All Aerial Media Systems Pilots and 

spotters who will be responsible for the operation of the UAS will meet the General 

Operations Manual Minimum Requirements. Section 2.5 of the General Operations 

Manual. See below: Section 2 Aircraft Crew members

Section 2: Aircraft Crew Members 

2.1 Minimum Flight Crew:

Normally, the minimum flight crew will be 2 pilots 1 spotter for dual operation DJI S1000 or 1 pilot and 1 

spotter for Phantom. 

2.2 Pilot-in-Command (PIC):

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include all 

preflight preparation, inflight operation, post flight requirements, all GOM procedures including but not 

limited to: 

- Safe in flight operations

- Risk Mitigation

o To Persons and property

- Airfield Suitability

- Weight and balance

2.3 Second-in Command (SIC)

Assists as directed and responsible for all duties delegated by the PIC. Normally the SIC will, at a 

minimum, complete the following:

- Camera or Payload management 

- Spotting for the P.I.C. 

o Obstructions

o Any signal degrading obstacles

2.4

2.4 SpotterTo assist the P.I.C. when an S.I.C. is not required for payload management.

- Spot obstructions and signal degrading foliage
6

Section 333 Public Guidance 5. Petitioners should describe the medical 

standards and certification of the PIC (s) directly responsible for operation of the UAS. See 

Below Section 2.5 from General Operations Manual

2.5 Crew Qualification Responsibilities

Pilots will maintain

- FAA Commercial Pilot License

- A Minimum of FAA 1rst class medical

- 2 hours of flying per month

- 3 take off and landings in the type to be flown

Records Keeping and Publications Currency

-All personnel will maintain their own records

2.6 Pilot Health and Medical:

Pilots must maintain an FAA Class 1 Medical at all times. Crewmembers will remove themselves from 

flight duties when they are not capable of safely performing their required duties due to illness or injury. 

5. Aerial Media Systems Pilots will be help to the same FAA Class 1 Medical requirements of 

commercially rated FAA pilots.

Section 333 Public Guidance 10. The UAS must be operated within visual 

line-of-sight (VLOS), in accordance with the statutory mandate under Section 333(b)(1). Petitioners 

should describe how they intend to comply with his mandate. 

 Through the use of a 2 or 3 person crew. 1 PIC, 1 Camera or payload operator, and 1 Spotter. 

VLOS will be maintained at all times to ensure VLOS. All of the areas in which Aerial Media 

Systems will operate will be closed and cordoned off. All of these areas will be visible from the PIC 

and Spotters location without obstruction.

Section 333 Public Guidance 12. Aerial Media Systems intends to work

side by side with the all local and Federal enforcement agencies. As a professional, and Chief Pilot has 

had a long standing and excellent relationship with the Saddle Brook New Jersey FSDO. Aerial Media 

Systems intends on continuing the relationship and abiding by all requests.
7

Section 4:

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b)

(2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1);

91.409 (a) (2);91.417 (a) & (b).

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size 

and limited operating area associated with the aircraft to be utilized by the Applicant, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under 

Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS. In all cases, an 

analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed. 

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

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

exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both the operator, pursuant to 

the Manual’s requirements, and under the requirements and in compliance with local public 

safety requirements, to provide security for the area of operation as is now done with 

conventional filming. The FAA will have advance notice of all operations. These safety 

enhancements, which already apply to civil aircraft operated in connection with motion picture 

and television production, provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the UAS, due to its size, speed of operation, 

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

a substantial external load. 

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

The regulation requires: 

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

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

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

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

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

Even though the UAS will have no airworthiness certificate, an exemption may be needed as 

the UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be impossible. 

The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). 
8

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the 

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

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

Sections 61.113 (a) & (b) 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 private 

pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with 

no living thing on board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance as set forth in the Manual. The level of safety provided by 

the requirements included in the Manual exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. The risks associated with the 

operation of the sUAS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as 

requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 

C.F.R. §61.113 (a) & (b). 

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

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

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

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

Given the size of the aircraft and the requirements contained in the Manual for maintenance and 

use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent 

level of safety will be provided. 

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

Section 91.9 (b) (2) provides: 

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

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

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.May 27, 2014 

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

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

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

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the sUAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.103: Preflight action 

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

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided as set forth in Sections 

J and K of the Manual. The PIC will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. 
9

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

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, except for 

the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL.

It will however be operated in a restricted area with security perimeter, where buildings and 

people will not be exposed to operations without their pre-obtained consent.The equivalent level 

of safety will be achieved given the size, weight, speed of the UAS as well as the location where 

it is operated. No flight will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and participants in the filming 

activity, all affected individuals will be aware of the planned flight operations as set forth in 

Section K of the Manual. Compared to flight operations with aircraft or rotorcraft weighting far 

more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with conventional 

aircraft operating at or below 500 AGL in the movie industry. In addition, the low-altitude 

operations of the sUAS will ensure separation between these small-UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and 

the location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or night VFR conditions is reasonable. 
10

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where 

only people and property owners or official representatives who have signed waivers will be 

allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. 

Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. Applicant believes that an equivalent level of safety can be achieved 

by limiting flights to 30 minutes or 30% of battery power whichever happens first than adequate 

to return the sUAS to its planned landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 

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

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it 

the following: 

(1) An appropriate and current airworthiness certificate. . . . 

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

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

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

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the sUAS. 

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

point where the pilot flying the sUAS will have immediate access to them, to the extent they are 

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided 

in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook as referenced in the Manual.(See 

Sections L and Q) An equivalent level of safety will be achieved because these small UASs are 

very limited in size and will carry a small payload and operate only in restricted areas 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. As provided in the Manual, the operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the person most familiar with the aircraft 

and best suited

Aerial Media Systems respectfully requests that the FAA grant its exemption request

Without delay.

Sincerely,
11

Brian M. Walk