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 PHANTO M 2, which is comprised of an un manned aircraft (UA or PHANTOM), an attached GoPro Hero camera and a transportable ground station.

The DJI PHANTOM 2 model is a quad

- c opter 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
oper ate the UA over various areas throughout the US to capture aerial video and
augm ent real estate listing videos. This will b enefit 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:

• Opera te 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;

• La nd 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 theoperating documents and will actively analyze flight data and other sources of information to constantly update and enh ance safety protocols;

• Contact respective airports if operations will be within 5 miles to advise them of his es timated 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 pri mary 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 re

quested exemption, including evasive and emergency maneuvers and maintaining ap

propriate distances from persons, vessels, vehicles and structures.

Specific Exemptions Requested

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

, 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 li mitations, 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 request s 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 UA S 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 a n 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 inspectio ns 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 exemptio n 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 achiev ed 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

ce rtain 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 re la tion to
mini mum 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 requir ements for flight in VFR conditions. The UAS is 100% electric and two low battery aler ts are issued

- per the operating documents, the UAS will be landed at the first alert. Al so, 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 b egin a flight unless (consider ing wind and f orecast weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA S 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 com

pared to larger manned aircraft. Additionally, the operation of our UAS will minimi ze

eco logical damage and promote economic growth b y 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 ex

emption be provided:

1) Operations will be limited to t he following aircraft d escribed in the operating docu ments 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 3 00 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

com municate 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 th at the VO can perform the functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made avail

able to the Administrator upon request. Any revisions to the operating documents will be present ed 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 unti l the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Gro und Control Station will be
in cluded in the preflight inspection. All maintenance and alt erations will be properly docu mented in the aircraft r ecords.

8) Any UAS maintenance or alterations that affect the UAS operation or flight character istics, 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 ent ry in the aircraft records.

9) The pre

- flight inspection section in the operating docu ments will account for all dis crepancies, 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 reco rd keeping requirements, in

ac cordance with the operating docume nts. Maintenance, inspection, and alterations will be noted in the aircraft records, including total flight ho urs, description of work

accom plished, 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 actiontaken 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 cinematog raphy 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 th e operating documents, includi ng evasive and emergency maneuvers and maintaining appropriate distances from
peo ple, 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 de

noted on a current FAA

- published aeronautical chart.

18) The UA will not be operated less than 500 feet bel ow or less than 2,000 feet hori zontally 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 predeter

mined location within the planned operating area and land or be recovered in accor

dance 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 condi

tions) there is enough power to fly at normal cruising speed to the intended landi ng 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 th e UAS is operating. These docu ments 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 o r vehicle.

25) Flight operations will be conducted at least 500 feet from all nonparticipating per

sons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons fromthe UA and/o r debris in the event of an accident. We will ensure that nonparticipat ing 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 imme diately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/con troller 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 ob jects and deter

- mined that it does not present an undue hazard.

26) All operations will be conducted over private or controlled

- access property with per

mission from the land owner/controller or authorized representative. Permission from land owner/cont roller 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 rep orted 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 o f 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 a lso 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 mann ed 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 Medi a respectfully requests that the Administrator grant this Peti tion 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 video graphy and augment real estate listing videos over areas of the United States.

Respectfully submitted,

William L. Andrews Owner, MidAi r Media, LLC 30 Cobblestone Court Deatsville, AL 36022 334-462-1771 MidAirMediaLLC@gmail.com