Jonathan B. Hill

202/776-2725

jhill@cooley.com

101 CALIFORNIA STREET, 5TH FLOOR, SAN FRANCISCO, CA 94111-5800 T: (415) 693-2000 F: (415) 693-2222 WWW.COOLEY.COM

June 11, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: FAA-Docket 2015-0424 Supplement to Exemption

Dear Sir or Madam:

On May 11, 2015, the FAA issued to Integrated Media Technologies, Inc. (“IMT”) an 

exemption No. 11532 ( the “Exemption”) under Section 333 of the FAA Modernization and 

Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11. (FAA Docket 20125-0513). That 

exemption authorized the commercial operation of the DJI S1000+, the DJI Inspire 1, and xFold 

Cinema under the terms and conditions contained in that Exemption. IMT herewith requests the 

addition of another aircraft to the Exemption the MR14 Octocopter.

Like the already approved aircraft the MR14 weighs less than 55 lbs., is equipped to 

conduct aerial photography as described in the original application under the conditions outlined 

in the original application or, as may be established by the FAA in the exemption granted under 

either Section 333 or Section 49 U.S.C. §44701(f). As set forth, IMT asks that this application 

be processed under the FAA’s Summary Approval Process. To that end, IMT will accept the 

conditions set forth in the Exemption including closed set motion picture and television filming 

and other aerial data collection.

As this amended Exemption request is identical to the exemptions already granted, this 

request should qualify for summary processing as the FAA has already given public notice of 

and granted similar exemptions. The FAA has issued grants of exemption in circumstances 

similar in all material respects to those presented in this 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.” As with the 

approval of the Closed Set Exemptions and the General Aerial Photography Exemptions, 

approval of this exemption would thereby enhance 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.
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The name and address of the applicant is:

Integrated Media Technologies, Inc.

Bruce Lyon

President and Chief Executive Officer

5200 Lankershim Blvd. Suite 700

North Hollywood, Ca. 91601

Ph: 818-761-9770

Regulations from which the exemption is requested:

14 C.F.R. 61.23(a) and ( c) 

14 C.F.R. 61.101 (e) (4) and (5)

14 C.F.R. 61.113 (a) 

14 C.F.R 61.315 (a)

14 C.F. R. 91.7 (a)

14 C.F.R. 91.119 (c)

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)(1)

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (1) and (2)

14 C.F.R. 417 (a) & (b)

This amended exemption application is expressly submitted to fulfill Congress’ goal in 

passing Section 333(a) through (c) of the Reform Act. This law 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 UASs size, weight, speed, and operational capability;

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

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, 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.” Id. § 333(c) (emphasis added)1.

 1 Applicant interprets this provision to place the duty on the Administrator to not only process 

applications for exemptions under section 333, but for the Administrator to craft conditions 

for the safe operation of the UAS, if it should be determined that the conditions set forth 

herein do not fulfill the statutory requirements for approval.
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The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform 

Act, expressly grants the FAA the authority to issue exemptions. This statutory authority by its 

terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act, that 

includes sUASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of the Transportation 

Act if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f). See 

also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1). 

IMT’s business and its proposed uses for the additional aircraft are described in 

its original exemption application in this docket, which is incorporated herein. These 

aircraft will operate at altitudes of no more than 400 feet, as further explained, and only 

in line of sight. They will operate only within the areas as described in the Amended 

Flight Operations Manual (“FOM”), Aircraft Flight Manuals (“AFMs”) and the 

motion picture and television operations manual (“MPTOM”) submitted confidentially in 

this docket. Submitted herewith is an AFM for the MR 14, which is submitted with a 

request for confidentiality.2 Operations in compliance with these manuals will ensure 

that the sUAS will “not create a hazard to users of the national airspace system or the 

public”3 and that the aircraft will operate in compliance with the conditions set forth in 

this application.

Given the small size of the sUASs involved and the restricted environment within 

which they will operate, the applicant falls squarely within that zone of safety (an 

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, the restricted areas in which the relevant sUASs will operate 

and the fact that aircraft will be flown by pilots holding at least a FAA pilot license, 

approval of the application presents no national security issue. 

Given the clear direction 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, and the significant public benefit, including 

enhanced safety, reduction in environmental impacts, including reduced emissions

associated with allowing battery powered UASs for these functions instead of turbine or 

gas power aircraft/rotorcraft and operations with pilots having at least a private pilot 

 2 Applicant submits the amended FOM and AFM for each aircraft applied for hereunder, 

marked “CONFIDENTIAL”, as they contain propriety business information that is not 

released to the public and is protected under the Freedom of Information Act 5 U.S.C. § 553 

etc.

3 Reform Act Section 333 (b).
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license, the grant of the requested exemptions is in the public interest. Accordingly, the 

applicant respectfully requests that the FAA grant the requested exemption and this 

amendment without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The FAA has granted exemptions to the following regulations in the listed 

exemptions: 14 C.F.R. 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), 407 (a) (1), 409 (a) (1) and (2), 

417 (a) & (b) to allow aerial data collection (See, FAA Exemptions 11309, 11460, 11490

and the Exemption)

14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Because the UAS will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to hold a certificate issued by the FAA authorizing operation of any 

aircraft (ATP, Commercial, Private, Recreational or Sport). Unlike a conventional aircraft 

that carries the pilot and passengers, the sUAS is remotely controlled with no living 

thing on board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance as set forth in the Manual. The level of safety 

provided by the requirements included in the Manual exceeds that provided by a single 

individual holding a commercial pilot’s certificate operating a conventional aircraft. The 

risks associated with the operation of the sUAS are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, that 

allowing operations of the sUAS as requested with any certificate issued by the FAA as 

the PIC exceeds the present level of safety achieved by 14 C.F.R. Part 61. The FAA 

has granted exemptions for private pilots to conduct similar operations in Exemptions 

11062, 11213, 11360 and 11447.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 (d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a sUAS that are 

helicopters and the exemption requests authority to operate at altitudes up to 400 AGL 

an exemption may be needed to allow such operations. As set forth herein, except for 

the limited conditions stated in the Manual, the UAS will never operate at higher than 

400 AGL. 
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The equivalent level of safety will be achieved given the size, weight, speed of 

the UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner, facility owner and local officials. Because of the 

advance notice to the property owner and participants all affected individuals will be 

aware of the planned flight operations as set forth in the Manual. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. 

proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating 

at or below 500 AGL in the aerial photography industry. In addition, the low-altitude 

operations of the sUAS will ensure separation between these small-UAS operations and 

the operations of conventional aircraft that must comply with Section 91.119. The FAA 

has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 

11360 and 11447.

14 C.F.R. § 91.121: Altimeter Settings

This regulation requires 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.” As each sUAS 

model in at least one operating mode will not have a barometric altimeter, but instead a 

GPS altitude read out, an exemption will be needed. An equivalent level of safety will 

be achieved by the operator, pursuant to the Manual and Safety Check list, confirming 

the altitude of the launch site shown on the GPS altitude indicator before flight. The 

FAA has granted exemptions to conduct similar operations in Exemptions 11062, 

11213, 11360 and 11447.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) 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 – (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.” 

The battery powering the sUAS provides approximately 40 minutes of powered 

flight. To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, sUAS flights 

would be limited to approximately 10 minutes in length. Given the limitations on the 

UAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or night VFR conditions is 

reasonable.
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Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with FAR 91.151 (a)). Operating the small 

UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS.

Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 5 minutes of reserve time on the batteries. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its limited 

operating area.

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, 10808 and Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. Part 91: Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided 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.

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook as 

referenced in the FOM attached as confidential See Exhibit 1. An equivalent level of 

safety will be achieved because these small UASs are very limited in size and will carry 

a small payload and operate only in areas for limited periods of time. If mechanical 

issues arise the UAS can land immediately and will be operating from no higher than 

400 feet AGL. As provided in the FOM the operator will ensure that the UAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the person most familiar with 

the aircraft and best suited to maintain the aircraft in an airworthy condition to provide 

the equivalent level of safety. The FAA has granted exemptions for similar operations in 

Exemptions 11062, 11213, 11360 and 11447.

*********
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Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication 

in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. 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), 407 (a) (1), 409 (a) (1) and (2), 417 

(a) & (b) to operate commercially a small unmanned vehicle (55 lbs. or less) in motion 

picture and television operations and aerial data collection. 

Approval of exemptions allowing commercial operations of sUASs for the uses 

requested will enhance safety by reducing risk. Conventional operations, using jet or 

piston power aircraft, operate at extremely low altitudes in extreme proximity to people 

and structures present risks associated with vehicles that weigh in the neighborhood of 

6,000 lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). 

Such aircraft must fly to and from the project location. In contrast, a sUAS weighing 

fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the 

target area and not flown. The sUAS will carry no passengers or crew and, therefore, 

will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant 

of the exemptions requested herein. These lightweight aircraft operate at slow speeds, 

close to the ground, and in areas that are under the control of the customer for the 

inspections and, as a result, are far safer than conventional operations conducted with 

turbine helicopters operating in close proximity to the ground and people or the use of 

people to climb the structures to conduct the inspection. 
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Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--

size, weight, speed, operating capabilities, proximity to airports and populated areas 

and operation within visual line of sight and national security – provide more than 

adequate justification for the grant of the requested exemptions allowing commercial 

operation of applicant’s UASs for the Purposes outlined herein and are consistent with 

exemptions already granted, including the Exemption1152.

Sincerely,

Jonathan B. Hill

J. G. Harrington

Cooley, LLP

Counsel for Integrated Media Technologies, Inc.

John McGraw

John McGraw Aerospace Consulting, LLC 

Agent for Integrated Media Technologies, Inc.

cc: James Williams

Robert Pappas

Jake Troutman

Dean Griffith

Thuy H. Cooper
Exhibit 1

(Confidential)