September 1, 2015 

U.S Department of Transportation 

Docket Operations 

1200 Jersey Ave, SE 

West Building Ground Floor Room W12-140

Washington, D.C 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and C.F.R. 

Part 11, Action Sports Media, LLC owner and operator of Small Unmanned Aircraft Systems (UASs), 

request to be exempted from the Federal Aviation Regulations (FARs) listed below so Action Sports 

Media, LLC may operate UASs commercially in airspace regulated by the Federal Aviation 

Administration; as 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

The Name and address of the applicant is:

Action Sports Media, LLC

Attn: Taylor Dockins

1503 N 6th Street

Coeur d’Alene, ID 83814

taylor@asm1080.com

(208)306.1024

As described below, the requested exemption would permit the operation of lightweight (less than 55 

lbs total take off gross weight) UASs under controlled conditions for commercial use by professional 

certificated pilots thereby enhancing safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to “.... establish requirements for the safe operation of such aircraft 

systems in the national airspace system." Section 333(c) of the Reform Act.

Action Sports Media, LLC respectfully requests the grant of an exemption to the following specific 

sections of the Title 14 Code of federal Regulations allowing it to operate lightweight UAS's for 

commercial use:

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 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) 

Action Sports Media, LLC submits this application in accordance with the Reform Act,

112 P.L. 95 331-334, seeking relief from any currently applicable FAR's operating to prevent Action Sport 

Media, LLC’s future commercial use of small UASs to operate in the national airspace system as 

described below. The Reform Act Section 332 provides for such integration of civil unmanned aircraft 

systems into our national airspace system as it is in the public's interest to do so. Actions Sports Media, 
LLC’s lightweight UASs: DJI Phantom 2, DJI Phantom 3 Pro and DJI Inspire meet the definition of "small 

unmanned aircraft" as defined in section 331 and therefore the integration of Action Sports Media, LLC’s 

lightweight UASs are expressly contemplated by the Reform Act. Action Sports Media, LLC would like to 

operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to 

promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in the national airspace system (NAS) before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat 

to national security in light of the following:

• The UAS's size, weight, speed and operational capability 

• Operation of the UAS in close proximity to airports and populated areas

• Operation of the UAS within visual line of sight of the operator Reform Act 333 (a)

If the secretary determines that such vehicles "may operate safely in the National Airspace System, the 

Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace 

System."

Action Sports Media, LLC’s UAS’s are rotorcraft weighing less than 55 pounds including payload. They 

operate at a speed of less than 50 knots and have the capability to hover and move in the vertical and 

horizontal plane simultaneously. The UAS will operate only within the line of sight of the pilot within a 

protected flight area as described below. Such operations will insure that the UASs will not create a 

hazard to the users of the national airspace system or the public. 

The small nature of the UASs utilized: DJI Phantom 2, DJI Phantom 3 Pro and DJI Inspire, by Action Sports 

Media, LLC combined with the safety protocols outlined below will allow for a greater than equivalent 

level of safety in which Congress envisioned that the FAA must, by exemption allow commercial 

operations of UASs to commence immediately. Also due to the size of the UASs and the areas and 

altitudes they will operate, approval of the exemption presents no national security issue and absolutely 

minimal safety concerns which have been mitigated through a rigorous risk management process. Given 

the clear direction given in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, 

the significant public benefit, including enhanced safety, reduced emissions utilizing UASs verse 

traditional aircraft as well as the economic impact of greatly reducing the cost of aerial photography 

thereby benefiting the greater public's interest. Accordingly, the applicant requests that the FAA grant 

the requested exemption without delay

The following limitations are considered to be binding for the operation of UASs for commercial 

purposes by Action Sports Media, LLC:

1. Flights will be operated in the line-of-sight by a ground-based pilot 

2. Flights will only occur in the daytime and clear of clouds

3. The UASs will weigh less than 55lbs at take-off and during flight 

4. Flights will be terminated with 25% of battery life remaining 

5. Flights will be operated at an altitude at or below 400' AGL 
6. Pilots, camera operators and observers will be trained as to the applicable portion of the UAS's 

manual as well as the SOPs. 

7. Minimum UAS crew will be one certificated licensed pilot or higher rating. A camera operator and or 

observer may be added as required to further reduce the possibility of task saturation by the pilot 

depending on the mission requirements. 

8. Pilot, observer and camera operator will maintain real time communication capability throughout 

flight operations. 

9. The UAS Pilot will conduct a full site survey to determine the Area of Responsibility (AOR). This AOR is 

the actual area for UAS operations for a particular day. Each survey will include the assessment of 

potential hazards to include but not limited to airspace classification, NOTAMS, temporary flight 

restrictions, closest airport proximity, natural and manmade obstacles, and unnecessary persons which 

may pose a risk to operations or safety. If deemed necessary, the crew will employ additional personal 

as safety observers. 

10. Action Sports Media, LLC will employ safety observers as well as sign notifications in areas close to 

public activity. 11. A thorough briefing will be conducted, prior to the first flight of the day in an AOR, 

utilizing the briefing guide in the SOPs. All persons who will be in the AOR while UAS flights are 

conducted will be present for this briefing. 

12. Action Sports Media, LLC will obtain consent (verbal or written) for any persons who need to be 

within 100 feet of UAS flight operations. 

13. Written and or verbal permission from the relevant property owners will be obtained prior to flight. 

14. All required permissions and permits would be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other governmental agencies. 

15. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to 

a pre-determined location within the AOR and land autonomously. 

16. The UAS will have the ability to abort a flight in case of unpredicted obstacles or emergencies.

14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203 (a)(1)

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR 91.203(a)(1) The size, weight and defined area of operations 

for Action Sports Media, LLC’s UAS flights permits exemption from Part 21 because Action Sports Media, 

LLC meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized 

to exempt aircraft from the airworthiness certificate requirement under both the ACT (49 U.S. C. 

44701(f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs 

from the airworthiness certificate requirement in consideration of weight, size, speed, maneuverability 

and proximity to areas such as airports and dense populations. Action Sports Media, LLC meets or 

exceeds each of these elements. 

14 C.F.R. 91.203 (a) & (b) provides for carrying of civil aircraft certifications and registrations. They are 

inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by 

maintaining such certifications and registrations at Action Sports Media, LLC’s flight operations center. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this regulation is inapplicable.
14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft 

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots of passengers, 

and given the size of the UASs, this regulation is inapplicable. An equivalent level of safety will be 

achieved by maintaining an operator manual at the flight operations center. The FAA has previously 

issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 

10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. 91.103(b) Preflight Actions

14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight, become familiar with all 

available information concerning that flight. This information must include: (b) For any flight, runway 

lengths at airports of intended use, and the following takeoff and landing distance information. This 

subparagraph is not applicable due to our off airfield operations.

14 C.F.R. 91.109 Flight instructions; simulated instrument flight and certain flight tests.

14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned aircraft in 

conjunction with training and flight tests. The UAS to be employed by Action Sports Media, LLC are not 

designated in this category.

14 C.F.R. 91.121 Altimeter Settings 

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because Action Sports Media, LLC’s UASs 

utilize GPS systems and internal gyroscopes to provide spatial stability and a reference datum.

14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions

14 C.F.R. 91.151 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.

The battery powering the UAS provides approximately 15 minutes of powered flight, which is less than 

the reserve requirement alone by FARs for day. Given the limitations on the UAS's flight envelope, 

proposed AOR size, battery life and its ability to land immediately it is reasonable to allow an exception

An equivalent level of safety can be achieved by limiting flights to 25% of battery power. This restriction 

would be more than adequate to return the UAS to its planned landing zone in the AOR.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673 

and 10808. 

14 C.F.R. 45.23 Marking of the Aircraft

Applicable Codes of Federal regulations require aircraft to be marked according to certain specifications. 

Action Sports Media, LLC UASs are unmanned; do not have a cabin, cockpit or pilot station on which to 

mark certain words or phrases. Further, two inch lettering is impractical to place on such small aircraft. 

Action Sports Media, LLC will, however, place the word "EXPERIMENTAL" on its fuselage as required by 
14 C.F.R. 45.29 (f) so that the pilot, camera operator, observer and any other persons operating in the 

AOR can see the markings on the UAS. The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167 A, and 10700.

14 C.F.R. 91.119 Minimum Safe Altitudes

14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be 

operated at lower altitudes in certain conditions. Action Sports Media, LLC will only operate its UASs at

or below 400 AGL. Action Sports Media, LLC will operate its UASs in a defined AOR that has been 

carefully reviewed for hazards and minimizes the presence of any persons not essential for operations. 

Flights will only be conducted over private property with consent of the property owner. The equivalent 

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

it is operated. Compared to flight operations with traditional aircraft or rotorcraft weighing far more 

than 55lbs, operating below 500 AGL with flammable fuel UAS operations present a far smaller risk.

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 the aircraft inspected as 

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

These regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply 

to Action Sports Media, LLC UASs should its requested exemption be granted. As an equivalent level of 

safety Action Sports Media, LLC requires its pilots to conduct a preflight, through flight and post flight 

inspection of the UAS to ensure its flight worthiness prior to launch. Each UAS is flown in compliance 

with the applicable manufactures manual to include all software update cycles as well as flight 

checklists. In the event of a malfunction the UAS can land immediately.

Privacy

All flights will occur over private or controlled access property with the property owner's prior consent 

and knowledge.

Conclusion 

Action Sports Media, LLC is seeking exemption from the following rules: 

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 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).

Approval of the above exemptions allowing commercial operations of small UASs in the service of aerial 

photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft.

Traditional aerial photography and videography requires large aircraft weighing thousands of pounds 

and carrying hundreds of pound of fuel presenting a significant risk to life and property. With Action 

Sports Media, LLC’s use of small UASs weighing less than 55 lbs, powered by batteries and operating at 

or below 400 AGL, they virtually eliminate all of the risk associated with traditional aerial photography

and videography. The UASs will carry no people thereby eliminating the exposure to the risks associated 

with flying while accomplishing the same task in a much safer manner. 
Granting Action Sports Media, LLC the above exemptions will allow for the expansion of UAS systems 

into the future, in a professional, safety conscious culture steep in our foundation. The safety culture 

established by Action Sports Media, LLC is based on our several years of business experience and 

caution for public safety and awareness of UAS’s.

Action Sports Media, LLC respectfully requests that the FAA grant its exception without delay. The FAA 

has the authority to issue the exemption sought by Action Sports Media, LLC pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely, 

Action Sports Media, LLC

Taylor Dockins

1503 N 6th Street

Coeur d’Alene, ID 83814

taylor@asm1080.com

(208)306.1024