October 26, 2015 

Federal Aviation Administration: 

On behalf of MidAir Media, LLC, (herein after called “MidAir Media”) I would like to 

formally submit for an exemption from part 21, subpart H; and Sections 45.23(b), 91.7(a), 

91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 

91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). 

This proposed exemption would allow operation of an unmanned aircraft systems (UAS) 

for the purpose of aerial videography and to augment real estate listing videos in various 

metropolitan areas. 

MidAir Media will operate a DJI PHANTOM 2, which is comprised of an unmanned 

aircraft (UA or PHANTOM), an attached GoPro Hero camera and a transportable ground 

station. 

The DJI PHANTOM 2 model is a quad-copter with a maximum gross weight of about 3 

pounds. It is equipped with four rotors that are driven by electric motors powered by 

batteries. The UA has a maximum airspeed of approximately 30 knots. MidAir Media will 

operate the UA over various areas throughout the US to capture aerial video and 

augment real estate listing videos. This will benefit the public as described in the Public 

Interest Section.

UAS Operating Parameters 

MidAir Media will abide by the following additional operating conditions under this 

exemption, which ensures a level of safety at least equal to existing rules: 

• Operate UAS below 400 feet AGL and within a radius distance of 1000 feet 

from the controller to aid in direct line of sight visual observation; 

• Obtain permission from the owner/controller of any vessels, vehicles and 

structures when operations may be conducted closer than 500 feet to any 

such vessels, vehicles or structures; we will conduct a safety assessment of 

the risk of operating closer to those objects and determine that it does not 

present an undue hazard; 

• Operate the UAS for 5-15 minutes per flight;

• Land UAS prior to the manufacturer’s recommended minimum level of 

battery power;

• Operate UAS during daylight hours only within visual line of sight (VLOS); 

• Use the UAS’ global positioning system (GPS) flight safety feature whereby 

it hovers and then slowly lands if communication with the remote control 

pilot is lost; 

• Conduct all operations under the flight safety protocols contained in the 
operating documents and will actively analyze flight data and other sources 

of information to constantly update and enhance safety protocols; 

• Contact respective airports if operations will be within 5 miles to advise 

them of his estimated flight time, flight duration, elevation of flight and other 

pertinent information; 

• Always obtain all necessary permissions prior to operation; 

• Have procedures in place to abort flights in the event of safety breaches or 

potential danger; 

• Only operate in safe environments that are strictly controlled, are away from 

power lines, elevated lights and airports; 

• Conduct extensive preflight inspections and protocols, during which safety 

carries primary importance

UAS Pilot in Command (PIC) 

All PICs will demonstrate the required aeronautical knowledge and the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated for the requested exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. 

Specific Exemptions Requested 

Given the size, weight, speed, and limited operating area associated with the UAS, 

MidAir Media feel an exemption from 14 CFR part 21, Subpart H (Airworthiness 

Certificates) and § 91.203(a) and (b) (Certifications required), subject to certain 

conditions and limitations, is warranted and meets the requirements for an equivalent 

level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333). 

MidAir Media requests an exemption from § 45.23 Marking of the aircraft because the UA 

will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. 

Further, the two-inch lettering is difficult to place on such a small aircraft with dimensions 

smaller than the minimal lettering requirement. Regardless of this, we can mark the UAS 

in the largest possible lettering by placing the word “Experimental” on its fuselage as 

required by § 45.29(f) so that anyone will see the markings. 

MidAir Media requests an exemption from § 91.7(a) which prohibits the operation of an 

aircraft without an airworthiness certificate, since there is currently no certificate 

applicable to our operation, this regulation is inapplicable. 

MidAir Media requests an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) Maintenance inspections since they only apply to aircraft with an 

airworthiness certificate. However, as a safety precaution we will perform a preflight 

inspection of the UAS before each flight as outlined in the attached operating documents. 
MidAir Media requests an exemption from § 91.9(b)(2) which requires an aircraft flight 

manual in the aircraft, however since there are no pilots or passengers on board the 

aircraft and given its size, this regulation is inapplicable. We believe an equivalent level of 

safety will be achieved by maintaining a safety/flight manual with the UAS ground station. 

MidAir Media requests an exemption from § 91.119 which prescribes safe altitudes for 

the opera- tion of civil aircraft, but it allows helicopters to be operated at lower altitudes in 

certain conditions. We will not operate our UAS above the altitude of 300 feet above 

ground level (AGL) and will also only operate in safe areas away from the public and 

traffic, thus “providing a level of safety at least equivalent to or below those in relation to 

minimum safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, 

an equivalent or higher level of safety will be achieved. 

MidAir Media requests an exemption from § 91.121 Altimeter settings, as it is inapplicable 

since the UAS utilizes electronic GPS with a barometric sensor. 

MidAir Media requests an exemption from § 91.151(a) Fuel requirements for flight in VFR 

conditions. The UAS is 100% electric and two low battery alerts are issued - per the 

operating documents, the UAS will be landed at the first alert. Also, our flights will last 

only 10-12 minutes each, and the UAS has an automated function which results in 

immediate landing when a low battery is detected. The PIC will not begin a flight unless 

(considering wind and forecast weather conditions) there is enough power to fly to the 

first point of intended landing and, assuming normal cruising speed, land the UAS with 

30% battery power remaining. 

Public Interest 

Aerial videography for geographical awareness and for real estate marketing has been 

around for a long time through manned fixed wing aircraft and helicopters, but for small 

business owners, its expense has been cost-prohibitive. By granting this exemption we 

would be able to provide this service at a much lower cost. Further, our small UAS will 

pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. Additionally, the operation of our UAS will minimize 

ecological damage and promote economic growth by providing information to companies 

looking to relocate or build in the metro areas we service. 

Summary 

We will comply with all of the following conditions and limitations should this grant of exemption be provided: 

1) Operations will be limited to the following aircraft described in the operating documents 

which is a quad-rotor aircraft weighing less than 3 pounds: DJI Phantom 2 model. 
2) The UA will not be flown at an indicated airspeed exceeding 30 knots. 

3) The UA will be operated at an altitude of no more than 300 feet above ground level 

(AGL). 

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command 

(PIC) at all times. 

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

visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to 

communicate verbally at all times. The PIC will be designated before the flight and will 

not transfer his or her designation for the duration of the flight. The PIC will ensure that 

the VO can perform the functions prescribed in the operating documents. 

6) The operating documents will be accessible during UAS operations and made available to the Administrator upon request. Any revisions to the operating documents will be 

presented to the Administrator upon request. 

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

UAS will not be operated until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. The Ground Control Station will be 

included in the preflight inspection. All maintenance and alterations will be properly 

documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional 

test flight. The PIC who conducts the functional test flight will make an entry in the aircraft 

records. 

9) The pre-flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents. 

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

11) We will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations will 

be noted in the aircraft records, including total flight hours, description of work 

accomplished, and the signature of the authorized person returning the UAS to service. 

12) Each UAS operated will comply with all manufacturer Safety Bulletins. 

13) An authorized person will make an entry in the aircraft record of the corrective action 
taken against discrepancies discovered between inspections. 

14) UAS operations will be conducted by a PIC possessing at least twenty-five hours of 

flight time and at least a valid US driver’s license.

15) The PIC will not operate the UAS for the purpose of aerial videography and/or 

cinematography and augmenting real estate listing videos (or similar operations), unless 

the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the 

ability to safely operate the UAS in a manner consistent with the operating documents, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

16) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). 

17) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart. 

18) The UA 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.

19) If a UA loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 

20) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

21) The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 30% battery power remaining. 

22) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC 

at the Ground Control Station of the UAS any time the UAS is operating. These 

documents will be made available to the Administrator or any law enforcement official 

upon request. 

23) The UA will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

24) The UAS will not be operated by the PIC from any moving device or vehicle. 

25) Flight operations will 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. We will 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 and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller 

of such vessels, vehicles or structures has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and deter- mined that it 

does not present an undue hazard. 

26) All operations will be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

27) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported to 

the National Transportation Safety Board (NTSB) per instructions contained on the NTSB 

Web site: www.ntsb.gov. 
Conclusion

As set forth herein, MidAir Media seeks an exemption pursuant to 14 C.F.R § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit 

safe operation of the DJI Phantom 2 UAS commercially, without an airworthiness 

certificate, for the limited purpose of conducting aerial video and augment real estate 

listing videos over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing MidAir 

Media to safely, efficiently, and economically operate the DJI Phantom 2 UAS 

commercially in the NAS. Granting exemption is in the public interest by enhanced safety, 

lack of aircrew and a manned aircraft of significantly proportional size, and flammable fuel.

IN ACCORDANCE WITH the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, MidAir Media respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R 

Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit MidAir Media to 

operate the DJI Phantom 2 UAS commercially for the purpose of conducting aerial 

videography and augment real estate listing videos over areas of the United States. 

Respectfully submitted,

William L. Andrews 

Owner, MidAir Media, LLC 

30 Cobblestone Court 

Deatsville, AL 36022 

334-462-1771

MidAirMediaLLC@gmail.com