August 27, 2015

Exemption No. 12636

Regulatory Docket No. FAA−2015−2425

Mr. Gary Bollinger

AirGo Media LLC

6738 Merwin Place

Columbus, OH 43235

Dear Mr. Bollinger:

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.

By letter dated June 5, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of AirGo Media LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography, cinematography, videography, mapping, crop surveying, and inspections.

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.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Inspire 1 and DJI S900.

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 
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finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, 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 collection1. 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, AirGo Media LLC 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.

Conditions and Limitations

In this grant of exemption, AirGo Media LLC is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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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 Inspire 1 and 

DJI S900 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. 

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 
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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 Columbia, 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 

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 
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(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 

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 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 

pre-determined 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−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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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.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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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.
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This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
AirGo Media LLC

6738 Merwin Place

Columbus Ohio 43235

PH: 614.425.3381

U.S. Department of Transportation Docket Operations 

West Building Ground Floor Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

Re: AirGo Media Petition for Exemption

AirGo Media was created to bring professionalism and safety to the UAS industry while providing a 

much needed service to those in need of aerial imaging. We believe that there is an overwhelming desire for 

aerial imaging within the corporate world as well as within our government. 

AirGo Media shares Congress's goal of getting small aerial vehicles (UAV’s) flying commercially within 

the United States as soon as safety allows. ln the FAA Modernization and Reform Act of 2012, Congress 

directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the National 

Airspace System, (NAS) and under Section 333 of that law, gave the FAA power to grant innovators 

"expedited operational authorization" to do so. By this petition, AirGo Media is seeking its first such 

authorization, in order to conduct additional research and development for our clients.

Granting AirGo Media an exemption to allow for testing within the National Airspace System is in the 

public interest because it advances Congresses goal of getting commercial UAV’s flying in the United States 

safely and soon. This exemption is a necessary step towards realizing the vast potential and services that 

UAV’s will provide not only to the US commercial industry but to build upon the U.S. aviation safety record. 

Furthermore, granting this request will do nothing more than allow AirGo Media to what thousands 

of hobbyists and manufactures of model aircraft do on a daily basis, though we will have to abide by more 

stringent safety measures then currently required by these groups. This exemption request essentially seeks 

FAA approval for AirGo Media to operate within the NAS in a safe, efficient and effective manner.

My experience as a retired 28 year Air Traffic Controller and 18 year pilot will not only lend to the 

operational safety concerns many will have concerning UAS operation but will greatly enhance the safety 

record that the FAA has established for the National Airspace System.

 
Information Supporting this Petition as Specified in 14 CFR § 11.81

1. Your name and mailing address and, if you wish, other contact information such as a fax 

number, telephone number, or e-mail address

AirGo Media LLC

6738 Merwin Place

Columbus, Ohio 43235

PH: 614-425-3381

FX: 888-329-6870

EM: gary@airgomedia.com

2. The specific section or sections of 14 CFR from which you seek an exemption

 14 CFR § 21.191(a) Experimental Certificates

 14 CFR § 45.23(b) Display of Marks, General

 14 CFR § 91.9(b) Civil aircraft flight manual, marking, and placard requirements

 14 CFR § 91.203(a) and (b) Civil Aircraft: Certifications Required

AirGo Media believes that the exemptions noted above will be sufficient to conduct the 

necessary R&D it requires. To the extent that the FAA may deem necessary, however, we also 

request an exemption from any regulations ancillary to the foregoing that may be need to 

facilitate the desired operations AirGo Media requires.

3. The extent of relief you seek, and the reason you seek the relief

We seek an exemption from several interrelated provisions of 14 CFR Parts 21,45 

and 91 to the extent necessary to engage in private, non-commercial R&D operations of 

UAV’s on our own property that would otherwise be permitted if conducted by a hobbyist or 

manufacturer producing UAV’s. We have detailed below a significant set of safeguards that 

will apply to our R&D operations. Operations under these safeguards will provide for a level 

of safety exceeding the level of safety required of similar UAV operations that the FAA 

authorizes currently without requiring compliance with the regulations from which we seek 

an exemption. Moreover our operations will not create a hazard to users of the National 

Airspace System or to the public or pose a threat to National Security and are thus consistent 

with the Congressional mandate in Section 333 of the FAA Modernization and Reform Act of 

2012, which give the FAA a mechanism to allow certain UAS to operate safely within the 

National Airspace System. 
4. The reasons why granting your request would be in the public interest; that is, how it would 

benefit the public as a whole

By leading the next generation of UAS operators into the future. By setting the 

example of safe, efficient and orderly operations within the National Airspace System and 

showing the public that flights with unmanned systems can indeed be safe while providing a 

valuable service to our nation’s economy.

5. The reasons why granting the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to that provided by the rule from 

which you seek the exemption

AirGo Media operations would provide a level of safety that far exceeds that which is 

required of hobbyists and manufactures of model aircraft. Our protocols are as follows and 

would apply during all phases of R&D conducted under this exemption request:

Regarding the Unmanned Aircraft System

1. UAS Description:

a. Maximum weight of less than 55lbs

b. Maximum speed , less than 50mph

c. Battery operated

d. Break away Props used for safety (when required)

e. Will be registered and display markings in accordance with 14 CFR Part 45 

Subpart C

2. UAS Pilot Training:

a. All UAS Operators will be required to log a minimum of 10 Hours with UAS 

Simulator prior to flying live within the NAS (National Airspace System)

b. In addition all UAS Operators will be required to pass basic knowledge tests in 

reference to the following items:

i. National Airspace System layout and usage - 14 CFR Part 91.126 – Part 

91.138, 91.145

ii. Basic Weather Knowledge as it pertains to UAS flight

iii. Aeronautical Charts and Related Publications as outlined in the FAA’s 

Aeronautical Information Manual 

iv. Safety of Flight 
Regarding the Unmanned Aircraft System (cont.)

3. UAS Flight Procedures

a. Preflight and Post Flight Inspections prior to each UAS conducting flight 

b. Planned preventive maintenance and repair schedules of each UAS

c. Standard Operating Procedure Checklists for Pre-Flight, In-Flight and Post Flight 

Operations

4. Radio Spectrum Frequency

a. Current UAS’s employed by AirGo Media utilize the following radio spectrum:

i. 5.725~5.825 GHz

ii. 2.400~2.483 GHz

Regarding the Unmanned Aircraft PIC (Pilot in Command)

1. Qualifications:

a. Our sUAS testing under this exemption will be conducted under the direct 

supervision of a designated pilot in command (PIC) who has final responsibility 

for the operation in accordance with 14 CFR § 91.3 and either (A) holds a 

current FAA private pilot certificate issued under 14 CFR § Part 61, Subpart E, a 

higher FAA pilot certificate, or a FAA recognized equivalent or (B) has 

completed FAA private pilot ground instruction and passed the FAA private pilot 

written examination or FAA- recognized equivalent; and (C) using on those 

operators that have completed extensive training on the normal, abnormal 

emergency procedures in specific detail and have demonstrated proficiency 

with the UAS being operated.

b. PIC’s and Observers will also be required under this exemption to undergo 

training requirements set forth by AirGo Media’s Standard Operating 

Procedures Manual. (SOP) These requirements will include but are not limited 

to the following:

i. PIC / Observer must pass basic UAS knowledge test in reference to UAS 

being operated.

ii. PIC / Observer are required to log a minimum of 5 hours simulator flight 

time as well as 5 hours actual flight time under direct supervision prior 

to UAS certification by AirGo Media.

iii. All PIC’s will require a Class III medical certification as set forth by CFR § 

67.301 – 67.315
Regarding the Operation of the Unmanned Aircraft

Safety is at the core of not only AirGo Media’s request for exemption but will define our 

company as we progress into the future of UAS operations. AirGo Media wishes to work 

closely with the FAA in order to help define the rules and regulations that will ensure the 

safety and integrity of our National Airspace System. AirGo Media will take every precaution 

to ensure not only the safety of non-participating persons and property but we will take 

every effort to put in place procedures that will ensure the public safety of those within the 

operational boundaries of our UAS’s.

AirGo Media’s Operations Manual will included but not be limited to the following:

1. Preflight:

a. Clearly defined safety zone operational areas will be put in place for all phases of 

UAS operations.

b. Aviation facilities that may directly / indirectly be impacted by the operation of 

the UAS will be notified as to our intended area of operation and use per AC 91-

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c. Operators will maintain the UAS for safe operation and conduct pre-flight 

inspections prior to each flight so as to ensure that the UAS control station, data 

link equipment, payload and support equipment are in a condition for safe 

operation and in a configuration appropriate for the purpose of the intended 

flight in accordance with 14 CFR § 91.7(b).

2. In-Flight:

a. No operator or observer will engage in nor may an operator or observer permit 

any activity during a critical phase of flight which could distract any operator or 

observer from the performance of his/her duties or interfere in any way with the 

proper conduct of his/her duties.

b. Operators and observers will maintain two-way radio communications with each 

other during all operations, if unable to do so, or if any condition occurs that 

may otherwise cause the operation to be unsafe, the operator will conclude the 

operation.

c. If the communications link with the operator is lost, safety features built into the 

UAS will allow for the UAS to return safely to its departure point, land and power 

down. In addition each UAS operator and observer will have the ability to press a 

physical button that is within his/her reach at all times that will reduce the 

power of the UAS and force it to return to its departure point, land and power 

down.

d. All UAS operations will maintain a Visual Line-of-Sight with the vehicle in 

operation in accordance with the statutory mandate under Section 333(b) (1).

e. Maximum and Minimum speeds of UAS in an operational role will be in 

accordance with manufactures guidelines but will not exceed FAA FAR Sec. 

91.117. Proposed average operational speeds will normally be made between 0

(hovering) & 35 Knots

f. Altitude limitations will be that listed by the manufacture for the particular UAS 

in operation, though Minimum Safe Altitude as outlined in 14 CFR § 91.119 will 
be adhered to.

g. Weather requirements for operational use will follow FAR Sec. 91.155

Regarding the Operation of the Unmanned Aircraft (cont.)

h. Operational Proximity:

i. Operational areas of intended use will vary and each will require a 

preflight safety risk assessment in order to determine that the UAS 

would be in a condition safe for flight and that the planned operation 

can be conducted and completed safely. 

ii. Operational areas of intended use within the proximity of aviation 

related activities such as airports, heliports or active non-controlled 

flight areas will have a preflight safety risk assessment outlined in order 

to determine any impact on the services provided within these areas as 

well as those known to contain active flight operations. 

iii. Notification of FSS’s (Flight Service Stations), FSDO’s (Flight Standards 

District Offices), ATCT’s (Air Traffic Control Tower’s) or any other entity 

that may be impacted by UAS operations will properly be notified.

AirGo Media will effectively operate our UAS’s with additional safe guards that far exceed those that 

the FAA has provided for the public and our National Airspace System. AirGo Media will ensure that 

all operational UAS’s it operates will adhere to the strictest safety precautions to ensure protection 

of public persons and property. 

 

 

 

Respectfully Submitted,

Gary Bollinger (CEO)

AirGo Media LLC