Jonathan B. Hill

202/776

- 2725 jhill@cooley.com

101 CALIFORNIA STREE T, 5TH FLOOR, SAN FRANCISCO, CA 94 111

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U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: FAA

- Docket 2015

- 0 424 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 “ Re form Act ” ) and 14 C.F.R. Part 11. (FAA Docket 2012 5

- 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 request s the addition of another aircraft to the Exemption the MR1 4 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 alr eady 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. F AA−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 a ircraft (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 Transp ortation’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.June 11 , 2015 Page Two

101 CALIFORNIA STREE T, 5TH FLOOR, SAN FRANCISCO, CA 94 111

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- 2222 WWW.COOLEY.COM The name and address of the applicant is:

Integrated Media Technologies, Inc. Bruce Lyon

President and Chief Executive Officer

5200 Lankershim B l vd. 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 p ose 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 op erator.

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.June 11 , 2015 Page Three

101 CALIFORNIA STREE T, 5TH FLOOR, SAN FRANCISCO, CA 94 111

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- 2222 WWW.COOLEY.COM 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 aircr aft, 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

u nder 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. The se 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 confid entially in

this docket

. Submitted herewith is an AFM for the MR 14, which is submi t te d 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 squa rely 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 author ity 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 appl ied 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).June 11 , 2015 Page Four

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### license, the grant of the requested exemptions is in the public interest. Acc ordingly, 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 Exemption s 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 operation s 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 convent ional 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. Th e 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 dimin ished 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 ai rcraft. 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 th at 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 h igher than

400 AGL.June 11 , 2015 Page Five

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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 mo re 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. I n 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 airp ort 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 w ill 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 condition s) 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 a nd the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is

reasonable.June 11 , 2015 Page Si x

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### Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the scope of prior exemp tions. 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 w aivers 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 b e 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 i n 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 o perating 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 period s 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 maint enance, 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 exe mptions for similar operations in Exemptions 11062, 11213, 11360 and 11447.

*********June 11 , 2015 Page Seven

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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:

Applica nt 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 f lights.

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 pe ople or the use of people to climb the structures to conduct the inspection.June 11 , 2015 Page Eight

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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 adequ ate 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 Exemption 1152

.

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)