Modus Collective, LLC 

2109 Singletree Ave 

Austin, Texas 78727 

October 6, 2015 

U.S. Department of Transportation  

Document Management System  

1200 New Jersey Ave., SE  

Washington, DC 20590  

To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 

C.F.R. Part 11, Modus Collective, LLC (“Modus Collective”), respectfully requests an exemption 

from the Federal Aviation Administration (“FAA”) Regulations to permit commercial aerial 

photography, cinematography, videography, and other flight operations using its small 

unmanned aircraft systems (“sUAS”), provided that the proposed sUAS operations comply with 

the conditions outlined below or as established by the Federal Aviation Administration (“FAA”) 

under Section 333.   

The name and address of the applicant is:   

Modus Collective, LLC   

c/o Luke Hegeman 

2109 Singletree Ave  

Austin, Texas, 78727 

(512) 970‐2437 

luke@moco.is 

Modus Collective makes this request under the “summary grant” process that the FAA 

announced in April 2015.1  This request is similar in all material respects to a number of recent 

                                                            

1

 1 See FAA Summary Grants Speed UAS Exemptions, available at 

https://www.faa.gov/news/updates/?newsId=82485. 
grants of exemption, including Grant of Exemption No. 11488 to Advanced Aerial 

Cinematography, LLC (FAA Docket No. 2014‐0090).2

Modus Collective seeks authority to use the DJI S900 and DJI Inspire 1, both of which have been 

previously approved by the FAA in past grants of exemptions3

 to conduct videography, 

cinematography, and inspection to limit operations to less than 60 miles per hour and away from 

airports.  This exemption petition is also accompanied by relevant User Guides that will depict all 

contingencies. 

Regulations from which the exemption is requested: 

14 C.F.R. 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151 (a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 407 (a) (1) 

14 C.F.R. 409 (a) (2) 

14 C.F.R. 417 (a) & (b) 

All sUAS Pilots in Command (“PICs”) acting as an employee or agent of Modus Collective for its 

sUAS operations will have at least a valid driver’s license with additional experience in unmanned 

aircraft operations. The team composition will consist of a minimum of one pilot and one Visual 

Observer (“VO”) during all operations, giving redundancy to the human element as well. Pilots 

will be well trained in areas of both normal and abnormal operations equipped with checklists 

and operations and maintenance manuals to be able to contend with any scenario. 

                                                            

2

 The use limitations and arguments in this application are nearly identical to those contained in Advanced Aerial 

Cinematography’s November 24, 2014 application and the FAA’s May 5, 2015 approval of that application. 

3

 See Exemption No. 12034 to David Senechal (DJI S900); Exemption No. 12901 to Cox Media Group, LLC (DJI 

Inspire 1). 
The proposed sUAS operation will be conducted safely to minimize risk to the national airspace 

system (“NAS”) or to persons and property on the ground.  Modus Collective proposes that the 

exemption apply to civil aircraft that operate within the limitations listed below. These 

limitations were established in the FAA’s grant of Advanced Aerial Cinematography’s request for 

an exemption: 

1. The sUAS will weigh 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. The sUAS may not be operated at a speed exceeding 87 knots (100 miles per hour). 

Modus Collective may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum sUAS operating airspeed recommended by the 

aircraft manufacturer. 

3. Operations for the purpose of closed‐set motion picture and television filming are 

permitted 

4. The sUAS will be operated within visual line of sight (VLOS) of the Pilot in Charge (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 U.S. driver’s license.  

5. Maximum total flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 20 minute limit. 

6. Flights will be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude will be reported in feet AGL.  

7. sUAS Pilot will be Pilot in Command (PIC). Modus Collective will maintain flight logs of all 

PICs it employs, and provide full transparency to the FAA regarding the logs and records 

of these PICs. 

8. Minimum crew for each operation will consist of the sUAS Pilot, and the Visual Observer. 

9. All operations will utilize a visual observer (VO).  The sUAS will be operated within the 

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 the VLOS capability.  The VO and PIC will be able to 
communicate verbally at all times; electronic messaging or texting will not be permitted 

during flight operations.  The PIC will be designated before the flight and cannot transfer 

his or her designation for the duration of the flight.  The PIC will ensure that the VO can 

perform the duties required of the VO.  

10. Flights will be operated at a lateral distance of at least 100 feet from any inhabited 

structures, buildings, vehicles, vessels, or people not associated with the operation or 

who have not signed a waiver in advance of the operation. 

11. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day’s production activities. It will be mandatory that all personnel involved with the 

operational duties of the flight within the boundaries of the safety perimeter be present 

for this briefing. 

12. Any sUAS that has undergone maintenance or alterations that affect the sUAS 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.   

13. Prior to each flight, the PIC will conduct a pre‐flight inspection and determine the sUAS is 

in a condition for safe flight.  The pre‐flight inspection will 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 sUAS, the aircraft will be 

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

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

14. Modus Collective will follow the sUAS manufacturer’s maintenance, overhaul, 

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

components.  

15. In the Grant of Exemption in FAA Docket No. FAA‐2014‐0352, the FAA determined that 

the unique characteristics of sUAS operation outside of controlled airspace did not 

warrant the additional cost and restrictions attendant with requiring the PIC to have a 

commercial pilot certificate and class II medical certificate. In this case, while the sUAS 

will be operated as part of a commercial operation, it carries neither passengers nor 

cargo.  Instead of having a second or third class medical certificate, we suggest that the 
PIC exercise the privileges similar to that of a sport pilot, requiring only a valid US driver’s 

license. 

16. Each sUAS operated under this exemption will comply with all manufacturer safety 

bulletins. 

17. The operator will obtain the consent of all persons involved in the filming and ensure that 

only consenting persons will be allowed within 100 feet of the flight operation, and this 

radius may be reduced to 30 feet based upon an equivalent level of safety determination. 

With the advanced permission of the relevant FSDO, operations at closer range can be 

approved. 

18. PIC and Visual Observer will have been trained in the operation of the specific sUAS 

equipment used by Modus Collective, and received up‐to‐date information on the 

particular sUAS to be operated. 

19. Visual Observer and PIC will at all times be able to communicate by voice, radio, and/or 

text. 

20. The sUAS will not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Director (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 will be made available to the Administrator or 

any law enforcement official upon request.  

21. All aircraft operated in accordance with this exemption will 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 will be as 

large as practicable.  

22. The sUAS will 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.   

23. The sUAS will not be operated by the PIC from any moving device or vehicle.   

24. Written and/or oral permission from the relevant property holders or property 
representatives will be obtained. 

25. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 

26. If the sUAS loses communication with the PIC or loses its GPS signal, the sUAS will 

have the capability to return to a pre‐determined location within the Security Perimeter 

and land autonomously. 

27. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies. 

28. 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, the sUAS operations will comply with all applicable parts of 14 CFR 

including, but not limited to, parts 45, 47, 61, and 91.  

Federal Register Notice  

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. § 21, subpart H; 14 C.F.R 45.23 

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

(a) & (b) to operate commercially a small unmanned vehicle (55 lbs or less) in motion picture, 

television, and commercial videography operations. 

The Exemption is in the Public Interest   

As demonstrated above, the proposed sUAS operations would minimize the risk of harm to 

individual safety or damage to the NAS and property.  The operations proposed by Modus 

Collective would provide tremendous public benefits by enabling Modus Collective to provide a 

service that is safer and more cost efficient than using helicopters or other aircraft to capture the 

desired footage and/or data.   
The conditions outlined in this petition clearly satisfy Section 333’s exemption criteria regarding 

“size, weight, speed, operational capability, proximity to airports and populated areas, and 

operation within visual line of sight,” and therefore the proposed operations would not “create a 

hazard to users of the national airspace system or the public or pose a threat to national 

security.” As discussed above, Modus Collective agrees to use limitations that are substantially 

identical to those contained in the FAA’s recent grant of exemption for Advanced Aerial 

Cinematography.  Accordingly, the proposed sUAS operations of Modus Collective should not 

raise safety or national security concerns, and should receive summary approval.    

Respectfully submitted,  

Luke Hegeman 

Founder 

Modus Collective 

DJI S900 and DJI Inspire 1 User Manuals are incorporated by reference and are available at: 

http://download.dji‐innovations.com/downloads/s900/en/S900_User_Manual_v1.2_en.pdf 

http://download.dji‐

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf