11 December 2015

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) 

and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) 

(1); 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417 (a) and (b)

To whom it may concern, 

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

and 14 CFR Part 11, Alpha Aerial Media LLC, operator of an Unmanned Aircraft System 

(UAS), hereby applies for exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operations of its UAS, so long as such operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as required by Section 

333. This request for exemption is similar, if not identical, to many previously submitted 

requests that have received exemption.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and 

sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines, and cell towers.

5. Aerial video/photography or providing live video feed assist with search and rescue operations 

in case of an emergency or natural disaster when local authorities or government has requested it 

by contract or donation.

6. The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for 

the protection of the persons and property.

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled, the requested exemption would permit the operation of a UAS under controlled 

conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will 

provide safety enhancements to the already safe operations in the industry presently using 

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation’s (the FAA’s Administrator’s) responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national airspace system.”
The name and address of the applicant:

Alpha Aerial Media, LLC

Shawn M. Brennan

Phone: 732-241-8752

Email: alphaaerialmedia@gmail.com

Address: 15 Sunnyside Road, Howell, NJ 07731

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.3

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR.109

14 CFR.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)
Alpha Aerial Media, LLC will operate a DJI Phantom 3Advanced. The UAS will be powered 

using lithium polymer batteries and controlled with a remote transmitter operating on 2.4Ghz 

band. The applicant will operate in line of sight within a closed off and predetermined area 

owned by the property representative. 

Given the small size of the UAS and the controlled environment provided, the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grants of the requested exemption is in the public interest. 

Accordingly the applicant requests that the FAA grants the requested exemption with minimum 

delay.

Aircraft and Equivalent Level of Safety 

The operation limitations proposed for an equivalent or higher level of safety because operations 

will further enhance the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption as set forth in the Flight Operations 

Manual include:

1. The UAS will weigh less than 55 lbs. 

2. The UAS will have a maximum operating speed of no more than 50mph. 

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO). 

4. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs 

first. 

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL) and not more than 200 feet above an elevated platform from which filming is 

planned. 

6. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer 

(VO) and may include but not limited to a Camera Operator. 

7. The UAS pilot will be a designated Pilot in Command (PIC) and hold a Commercial 

Pilot’s License along with a Second or higher Class Medical Certificate. If the PIC feels 

another operator to be qualified with the necessary skills to be PIC & possess a 

Commercial Pilot’s License along with a Second or higher Class Medical Certificate, that 

person may be designated PIC provided they have a minimum of 20 hours of flight time 

with the UAS. 

8. A briefing will be performed regarding the planned UAS operations prior to each day’s 

flight consisting of all the days’ production activities. 
9. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC)

only. 

10. The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport. 

11. If operations will be within a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport the respective 

airports will be contacted advising them of the estimated flight time, flight duration, 

elevation of flight and other pertinent information. 

12. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office (FSDO) 

no more than 72 hours but no less than 48 hours from planned operation. 

13. The operator will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 100 

feet of the flight operation, and the radius may be reduced to 30 feet based upon an 

equivalent level of safety determination, as required under the FOM. With the advanced 

permission of the FSDO, operations at closer range may be approved. 

14. The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated. 

15. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

16. Written and/or verbal permission and permits will be obtained from territorial, state, 

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

governmental agencies. 

17. If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to a pre-determined location within a designated 

location and land autonomously. 

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

weather, or emergencies.

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 UAS 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 and designated area. Unlike other civil aircraft, operations under this exemption

will be tightly controlled and monitored by both the operator and under the requirements and in

compliance with local public safety requirements. The FAA will have advance notice of all

operations. These safety enhancements 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 UAS, two-inch lettering will be impossible.

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

equivalent level of safety will be provided by having the UAS marked on its fuselage as required 

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

identification of the UAS as “Experimental.”

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

Pursuant to 14 CFR 61.113 (a) & (b), 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.

Alpha Aerial Media, LLC may achieve an equivalent level of safety as achieved by current 

Regulations because the applicant’s UAS do not carry any pilots or passengers nor property. The 

risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will 

equate to the safe operation of the UAS.

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 for maintenance and use of 

safety check lists prior to each flight 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 is 

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

manual material, markings, and placards, or any combination thereof. The UAS, 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 UAS will have immediate access to it.

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. The PIC will take all actions as stated in 

the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight.

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. UAS 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. 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 UAS 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, the UAS 

will never operate at higher than 400 AGL with the exception that in circumstances where the

UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS 

will not be operated more than 200 feet above the highest point on the structure. 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. 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 addition, the low-altitude operations of the UAS will ensure separation 

between these 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 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 the safety check list and live flight data monitoring, 

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 UAS provides approximately 30 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, UAS 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 twilight VFR conditions is reasonable.

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

exemptions. Operating the 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 UAS 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 

25% of battery power— whichever happens first. This restriction would be more than adequate 

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

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 UAS.

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

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

applicable to the UAS.

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. An equivalent level of safety will be 

achieved because the UAS is very limited in size and will carry a small payload and operate only 

in restricted areas for a limited period of time. If mechanical issues arise the UAS can land

immediately and will be operating from no higher than 400 feet AGL. 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 to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety.

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

performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, 

the operator will ensure that the UAS is in working order prior to initiating flight and perform 

required maintenance needed.
Additional Information

The applicant, Shawn M. Brennan, has been involved and piloting of remote controlled aircraft 

for more than 10 years. Additional members of Alpha Aerial Media, LLC are certified 

commercial or private pilots with medical certificates and will be the primary pilots used.

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than 

adequate justification for the grant of the requested exemptions allowing the commercial 

operation of the applicant’s UAS.

Sincerely,

Shawn M Brennan

Shawn M. Brennan