FROM:

Amy Lou Abernethy

Abernethy Media Professionals

4308 Bryan Street

Dallas, Texas 75204

Tel: 214.660.4444

email: info@amediapro.com

TO:

Docket Operations

U.S. Department of Transportation (DOT)

122 New Jersey Avenue SE, Room w12­140

West Building Ground Floor

Washington, DC 20590

In regards to Regulatory Docket No. FAA­2014­0352

GRANT OF EXEMPTION

Exemption request for Abernethy Media Professionals, Inc. under Section 333 of the

FAA Reform Act; Part 11 of the Federal Aviation Regulations; 14 CFR 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).

Concerning operation of professional unmanned aircraft systems for videography and

photography.

Abernethy Media Professionals​| 4308 Bryan Street, Dallas, Texas, 75204

Telephone: 214.660.4444 | Fax: 214.660.4457 | email: info@amediapro.com

DocuSign Envelope ID: 7D71B374-5003-4131-B036-B0E494109AB8
Summary

This application is sought on behalf of Abernethy Media Professionals, Inc. ("AMP

Productions" or "AMP") pursuant to the FAA Modernization and Reform Act of 2012 and

14 C.F.R. 11. AMP is a broadcasting and media production company based out of the

Dallas/Fort Worth area. AMP seeks exemption from the Federal Aviation Regulations

(FARs) contained herein so that AMP be permitted to operate its small unmanned

aircrafts ("SUAs"), or unmanned aircraft systems ("UASs"), commercially in airspace

regulated by the Federal Aviation Administration ("FAA") wherein such operations are

conducted within and under the requirements set out and established by the FAA in

Section 333 of the FAA Reform Act.

Introduction and interests of the petitioner

Abernethy Media Professionals, Inc. is a digital media production company based in

Dallas, Texas, specializing in standard and aerial videography. AMP services a wide

variety of clientele that range from small business to fortune 500 companies. AMP

provides videos and video services for training, marketing, commercial, and education.

AMP’s ability to grow and adapt to an ever shifting marketing in media production are

limited because of the current FAA restrictions as it pertains to the operations of UASs.

AMP submits the petition for exemption to the FAA to show compliance with the Federal

Aviation Regulations and the National Airspace System (“NAS”) rules, regulations, and

governance on safe flying in commercial airspace.

AMP has been incorporated for thirteen years with its founders as integral parts of the

film community for over 25 years. Amy Lou Abernethy is owner and president of AMP

Productions. Her husband and business partner, Sandy Abernethy, is vice president.

Both have decades involved in the local film community helping to facilitate, grow, and

nurture the current film industry.

AMP’s founders are familiar with commercial aviation and are aware of the dangers that

unregulated UASs operation presents to property and general populace on the ground.

AMP UASs are equipped strictly for aerial photography and cinematography. AMP

applies for an exemption from the FARs to allow operation of its UASs for commercial

video and photo production, within and under the conditions outlined herein, and under

such other limitations as may be established by the FAA as required by Section 333 of

the FAA Modernization and Reform Act of 2012, Pub. Law 112­95, 126 Stat. 11 (2012).

Abernethy Media Professionals​| 4308 Bryan Street, Dallas, Texas, 75204

Telephone: 214.660.4444 | Fax: 214.660.4457 | email: info@amediapro.com

DocuSign Envelope ID: 7D71B374-5003-4131-B036-B0E494109AB8
Petitioner Request

The Petitioner requests relief from the following regulations:

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and

changing design approvals, production approvals, airworthiness certificates, and

airworthiness approvals.

Section 45.23(b) prescribes, in pertinent part, that 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,” “light­sport,”

“experimental,” or “provisional,” as applicable.

Section 61.113(1) and (2) prescribes that—

1. 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.

2. a private pilot may, for compensation or hire, act as pilot in command of an

aircraft in connection with any business or employment if:

a. The flight is only incidental to that business or employment; and

b. The aircraft does not carry passengers or property for compensation or

hire.

Section 91.7(1) prescribes, in pertinent part, that no person may operate a civil

aircraft unless it is in an airworthy condition.

Section 91.9(2)(b) prohibits operation of U.S.­registered civil aircraft 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.

Abernethy Media Professionals​| 4308 Bryan Street, Dallas, Texas, 75204

Telephone: 214.660.4444 | Fax: 214.660.4457 | email: info@amediapro.com

DocuSign Envelope ID: 7D71B374-5003-4131-B036-B0E494109AB8
Section 91.103 prescribes, in pertinent part, that each pilot in command shall,

before beginning a flight, become familiar with all available information

concerning that flight, to include—

1. For a flight under IFR or a flight not in the vicinity of an airport, weather reports

and forecasts, fuel requirements, alternatives available if the planned flight

cannot be completed, and any known traffic delays of which the pilot in command

has been advised by ATC.

2. For any flight, runway lengths at airports of intended use, and the following

takeoff and landing distance information:

a. For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual

containing takeoff and landing distance data is required, the takeoff and

landing distance data contained therein; and

b. For civil aircraft other than those specified in paragraph (2)(a) of this

section, other reliable information appropriate to the aircraft, relating to

aircraft performance under expected values of airport elevation and

runway slope, aircraft gross weight, and wind and temperature.

Section 91.109 prescribes, in pertinent part, 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.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person

may operate an aircraft below the following altitudes:

1. Anywhere. An altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface.

2. Over congested areas. Over any congested area of a city, town, or settlement, or

over any open air assembly of persons, an altitude of 1,000 feet above the

highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

3. Over other than congested areas. An altitude of 500 feet above the surface,

except over open water or sparsely populated areas. In those cases, the aircraft

may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

Abernethy Media Professionals​| 4308 Bryan Street, Dallas, Texas, 75204

Telephone: 214.660.4444 | Fax: 214.660.4457 | email: info@amediapro.com

DocuSign Envelope ID: 7D71B374-5003-4131-B036-B0E494109AB8
4. Helicopters, powered parachutes, and weight­shift­control aircraft. If the

operation is conducted without hazard to persons or property on the surface—

a. A helicopter may be operated at less than the minimums prescribed in

paragraph (2) or (3) of this section, provided each person operating the

helicopter complies with any routes or altitudes specifically prescribed for

helicopters by the FAA; and

b. A powered parachute or weight­shift­control aircraft may be operated at

less than the minimums prescribed in paragraph (3) of this section.

Section 91.121 requires, in pertinent part, 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.”

Section 91.151(a) prescribes that no person may begin 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. [emphasis added]

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft

unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an

effective U.S. registration certificate issued to its owner or, for operation within the

United States, the second copy of the Aircraft Registration Application as provided for in

§ 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no person may operate a

civil aircraft unless the airworthiness certificate 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.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall

have that aircraft inspected as prescribed in subpart E of the same part and shall,

between required inspections, except as provided in paragraph (c) of the same section,

have discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft

that has undergone maintenance, preventive maintenance, rebuilding, or alteration

unless it has been approved for return to service by a person authorized under § 43.7 of

the same chapter.

Abernethy Media Professionals​| 4308 Bryan Street, Dallas, Texas, 75204

Telephone: 214.660.4444 | Fax: 214.660.4457 | email: info@amediapro.com

DocuSign Envelope ID: 7D71B374-5003-4131-B036-B0E494109AB8
Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had an inspection for the

issuance of an airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that—

1. Each registered owner or operator shall keep the following records for the

periods specified in paragraph (2) of this section:

a. Records of the maintenance, preventive maintenance, and alteration and

records of the 100­hour, annual, progressive, and other required or

approved inspections, as appropriate, for each aircraft (including the

airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include—

i. A description (or reference to data acceptable to the Administrator)

of the work performed; and

ii. The date of completion of the work performed; and

iii. The signature, and certificate number of the person approving the

aircraft for return to service.

b. Records containing the following information:

i. The total time in service of the airframe, each engine, each

propeller, and each rotor.

ii. The current status of life­limited parts of each airframe, engine,

propeller, rotor, and appliance.

iii. The time since last overhaul of all items installed on the aircraft

which are required to be overhauled on a specified time basis.

iv. The current inspection status of the aircraft, including the time since

the last inspection required by the inspection program under which

the aircraft and its appliances are maintained.

Abernethy Media Professionals​| 4308 Bryan Street, Dallas, Texas, 75204

Telephone: 214.660.4444 | Fax: 214.660.4457 | email: info@amediapro.com

DocuSign Envelope ID: 7D71B374-5003-4131-B036-B0E494109AB8
v. The current status of applicable airworthiness directives (AD) and

safety directives including, for each, the method of compliance, the

AD or safety directive number and revision date. If the AD or safety

directive involves recurring action, the time and date when the next

action is required.

vi. Copies of the forms prescribed by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines,

rotors, propellers, and appliances.

2. The owner or operator shall retain the following records for the periods

prescribed:

a. The records specified in paragraph (2)(a) of this section shall be retained

until the work is repeated or superseded by other work or for 1 year after

the work is performed.

b. The records specified in paragraph (1)(b) of this section shall be retained

and transferred with the aircraft at the time the aircraft is sold.

c. A list of defects furnished to a registered owner or operator under § 43.11

of this chapter shall be retained until the defects are repaired and the

aircraft is approved for return to service.

About AMP’s UASs

The size, weight, speed and operational capabilities of the UASs at issue, which AMP

would use, with authorization from the FAA, show that they do not pose a threat to other

aircraft, national security nor public safety. The term "small unmanned aircraft," as

defined by the U.S. Congress in Section 331, 112 Pub. Law 95, 2014, means "an

unmanned aircraft weighing less than 55 pounds."

AMP's UASs are small, lightweight devices containing counter­rotating propellers for

optimum balance, control and stability. They are capable of vertical and horizontal

operations but operate only within the line of sight ofthe pilot (UAS operator). Each

device weighs no more than 55 pounds, including any photography or cinematic

equipment. The UASs operate at speeds at 50 knots (57 mph) speeds or less and are

capable of hovering less than 400 feet altitude. In addition to the UAS pilot, AMP uses a

spotter and a technician, such that, at minimum, three AMP personnel govern the safe

flight of an AMP small unmanned aircraft at all times.

Abernethy Media Professionals​| 4308 Bryan Street, Dallas, Texas, 75204

Telephone: 214.660.4444 | Fax: 214.660.4457 | email: info@amediapro.com

DocuSign Envelope ID: 7D71B374-5003-4131-B036-B0E494109AB8
AMP does not operate its UASs near airports and restricted fly zones. The UAS

operating software and GPS navigation systems do not allow any of the AMP UAS

devices to operate near airports or restricted fly zones. The UAS software also includes

highly visible markers on its digital mapping software so an AMP Pilot in Command can

easily and clearly avoid such zones. The failsafe software will disable the UAS devices

from taking off and also limit the UAS systems from operating within specific GPS

preset no­fly zones. AMP only operates its UASs in predetermined areas and only in

compliance with well regarded safety protocols such as those contained within the well

established and commonly known Motion Picture and Television Operations Manual.

Applicant further and specifically seeks authorization to use UASs, which are equipped

with cameras and sensors, in order to perform photography, audio and video filming by

air for public and private uses, including: television, cinematography, advertising,

promotions, or public events.

AMP's operation of its UASs will not "create a hazard to users of the national airspace

system or the public." 112 P.L. 95 § 333(b). Given the small size and weight of AMP's

UASs, combined with their operation in cordoned off and well­controlled areas, AMP’s

fleet falls within Congress's contemplated safety zone when it promulgated the FAA

Reform Act and the corresponding directive to integrate UASs into the NAS. AMP's

UASs have a solid safety record and do not pose any threat to the general public or

national security.

Maintenance of the UASs will be performed by the operator, in accordance with the

aircraft's flight and operating manual. The operator agrees to ensure the each UAS is

inspected before each flight, to perform all required maintenance and to maintain a log

of all maintenance and repairs performed on all unmanned aircraft systems.

AMP UAS Pilot In Command (PIC)

AMP UASs will not nor are capable of carrying a pilot or passengers on board. The

proposed operations will not affect safety by requiring the PIC to have a sport, private,

or commercial pilot’s license. Currently there are no standards for either personal,

private, or commercial UAS pilot certificates, knowledge of airspace regulations, and

dexterity in the control and operation of the UAS acquired from actual operation of the

UAS. Furthermore, it cannot be assumed that a sport, private, or commercial pilot ,

approved to operate a fixed wing plane or helicopter, has the skill or ability to safely fly

and operate an UAS. The control units, control systems, and operational measurement

tools are vastly different in study, practice, and use.

Abernethy Media Professionals​| 4308 Bryan Street, Dallas, Texas, 75204

Telephone: 214.660.4444 | Fax: 214.660.4457 | email: info@amediapro.com

DocuSign Envelope ID: 7D71B374-5003-4131-B036-B0E494109AB8
Abernethy Media Professionals, Inc., is in support of the FAA DOT Notice of Proposed

Rulemaking (NPRM) in regards to 12 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107. and

183 [Docket No.:FAA­2015­0150, Notice No.15­01] RIN 2120­AJ60.

This document states the following for Operator certification and responsibilities:

● Pilots of a small UAS would be considered “operators”.

● Operators would be required to:

○ Pass an initial aeronautical knowledge test at an FAA­approved

knowledge testing center.

○ Be vetted by the Transportation Security Administration.

○ Obtain an unmanned aircraft operator certificate with a small UAS rating

(like existing pilot airman certificates, never expires).

○ Pass a recurrent aeronautical knowledge test every 24 months.

○ Be at least 17 years old.

○ Make available to the FAA, upon request, the small UAS for inspection or

testing, and any associated documents/records required to be kept under

the proposed rule.

○ Report an accident to the FAA within 10 days of any operation that results

in injury or property damage.

○ Conduct a preflight inspection, to include specific aircraft and control

station systems checks, to ensure the small UAS is safe for operation

With these proposed FAA regulations in mind, AMP is eager, willing, and able to follow

all proposed rulings listed above. Currently all AMP PICs are required to read and show

knowledge of FAA flight regulations and UAV manuals and operations.

AMP UAS Operating Parameters

Abernethy Media Professionals, Inc., commitment to safety of the cast, crew, general

populace, nature, as well as public, personal, and private property are of the utmost

importance. As such, AMP’s exemption will not adversely affect safety. To further prove

this sentiment, AMP proposes following the safety procedures and restrictions below:

● AMP's UASs weight not more than 55 pounds, including any photography or

cinematic equipment.

● Operational flight will be limited to a maximum of 400ft AGL. Included software in

the UAS HUD will mechanically inhibit higher vertical flight.

● AMP shall limit the UAS operation to thirty (30) minute flights, or ceasing

operation at 25% battery.

● AMP lands its UASs when they reach 25% battery.Included software will force

UAS landing at PIC operator at 25% battery life.

Abernethy Media Professionals​| 4308 Bryan Street, Dallas, Texas, 75204

Telephone: 214.660.4444 | Fax: 214.660.4457 | email: info@amediapro.com

DocuSign Envelope ID: 7D71B374-5003-4131-B036-B0E494109AB8
● The operator(s) of the unmanned aircraft system will pass all tests and hold all

available certificates when official regulations and testing centers are provided by

the FAA.

● AMP's remote control pilots operate AMP UASs only within line of sight. Included

software will limit flight distance from base controller.

● AMP's remote control pilots have video backup should they somehow lose sight

of its UASs.

● AMP employs a GPS system within each UAS allowing the UAS to hover in place

if communications between the device and the remote control pilot is lost and

then slowly descend at twenty­five (25) percent battery.

● AMP actively analyzes electronic flight data and other sources of information to

constantly update and enhance safety protocols.

● AMP only operates its UASs in secured areas that are strictly controlled, are

away from airports and populated areas.

● AMP will only operate its UASs during official daylight hours.

● An AMP UAS PIC will conduct a thorough preflight check on the UAS before

each flight.

● AMP has procedures in place to abort flights in the event of a safety breach or a

potential danger;

● AMP shall obtain all necessary consent and permissions prior to operation of

those being filmed or an agreement to be in the designated filming area prior to

filming taking place.

Summary

Abernethy Media Professionals, Inc. requests exemption under Section 333 of the FAA

Reform Act; Part 11 of the Federal Aviation Regulations; 14 CFR 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) to

commercially operate its UASs in regards to its business in the motion picture,

television, and photography industry. Allowing for such an exemption will give AMP the

tools to grow and develop as a productive member of the business community and the

video industry. Therefore, AMP respectfully requests that the FAA grant its exemption

request without delay.

Thank you for your consideration.

________________________

Amy Lou Abernethy

Owner, Abernethy Media Professionals

Abernethy Media Professionals​| 4308 Bryan Street, Dallas, Texas, 75204

Telephone: 214.660.4444 | Fax: 214.660.4457 | email: info@amediapro.com

DocuSign Envelope ID: 7D71B374-5003-4131-B036-B0E494109AB8