# media

. Inc.

WMS media, Inc. 38 N. Almaden Blvd. 

## #911 San Jose, CA 

## 95110
.

FAA Rulemaking Section 333 Ofthe FAA Reform Act and Part 

## 11

Prepared 

# by Thomas A. Wohlmut November 24, 2015

Thomas A. Wohlmut: (510) 825-7402 tom@wmsmedia.com CEO/OperatorNovember 24, 2015 

### U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Attention: FAA Administrator Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations form 14CFR Part 21; 14CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14CFR 91.7 (a); 14CFR 91.9 (b) (2); 14 CFR 91.103; 14CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91

.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.215 (a) & (b); 14 CFR 91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR409 (a) (2); 14 CFR 417 (a) & (b) Dear Administrator, Pursuant to the Section 333 ofthe FAA Modernization and Reform Act of2012 (The Reform Act) and 14CFR Part 11, WMS media, Inc. is the operator ofSmall Unmanned Aircraft Systems (sUAS) equipped to conduct aerial photography and cinematography services hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operations of its sUAS so long as such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.
As described in more detail below, the requested exemption would permitthe operation ofsmall, unmanned and relatively inexpensive sUAS under controlled conditions in the NAS that is both limited and predetermined. Approval of this exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "
...establish requirements forthe safe operations ofsuch aircraft systems in the national airspace system." Section 333 (c) ofthe Reform Act. Regulations from which the exemption is requested: 14CFR Part 21 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14CFR 91.119 14CFR 91.121 14CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.215 (a) & (b) 14 CFR 91.131 (d) 14 CFR 91 405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14CFR 417 (a) & (b)This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333 (a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required underSection 332 ofthe Reform Act. In making this determination,the Secretary is required to determine which types ofsUASs do not create a hazard to users ofthe NAS orthe public or pose athreatto national security in lightofthe following: • The sUAS's size, weight, speed, and operational capability; • Operation ofthe sUAS in close proximity to airports and populated areas • Operation ofthe sUAS within visual line ofsight (VLOS) ofthe Pilot/"Operator" Reform Act§ 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." ld. §333(c). The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, that includes sUASs, from the requirementthat all civil aircraft must have a current airworthiness certificate.
The Administrator may grant an exemption from the requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 

### 44702--44716 ofthis title ifthe Administratorfinds the exemption in the public interest. 49 U.S.C §44701(f) See also 49 USC §44744(a); 49 USC §44704114 CFR §91.203 (a) (1). WMS media, Inc. (WMS) sUASs are rotorcraft weighting 55 orfewer lbs. including payload. They operate under normal conditions at a speed of no morethat 50 kts and have the capability to hover, and move in thevertical and horizontal plan simultaneously. They will operate only in line ofsight ofthe Pilot/"Operator" and will operate with the permission ofthe propertyowner or a representative. Such operations will insure thatthe sUAS will"not create a hazard to users ofthe national airspace system orthe public" as per the Reform Act Section 333 (b). Applicant submits the attached EideCom Safety Policy and EideCom Operations Checklist as confidential documents under 14CFR 11.35 (b) as these documents contain proprietary information thatthe applicant has notand will not share with others. The safety policy contains operating conditions and procedures that are not available tothe public and are protected from release underthe Freedom of Information Act 5 USC 552 et.seq. Given the small size ofthe sUASs involved and the limited environment within which that will operate, the applicant falls squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations ofsUASs to commence immediately. Also due tothe size ofthe sUASs and the limited areas in which the relevant sUASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authoritycontained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surroundingthe proposed operations, and the significant public benefit, including enhanced safety with allowing sUASs for commercial aerial videography and photography operations, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption without delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes thatthe exemption requested herein applyto civil aircraftthat have the characteristics and they operate with the limitations listed herein. These limitations provide for at least and equivalent oreven higher level ofsafety ofoperations underthe current regulatory structure because the proposed operations are conducted on closed offproperty underthe permission ofthe propertyowner or property representative.These limitations and conditions to which WMS agrees to be bound when conducting commercial operations under an FAA issued exemption include:


### 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within visual line of sight (VLOS) ofa Pilot/"Operator" and/orobserver. 

### 3. Maximumtotal flighttime for each operational flight will be 30 minutes. Flights will be terminated at 20% battery power reserve should that occur priorto the 30 minute limit. 

### 4. Flights will be operated at an altitude of no more than 500 feet AGL or, when photographing a structure taller than 500 feet, the sUAS will not be operated more than 100' above the highest point on the structure. 

### 5. Minimum crew for each operation will consist ofthe sUAS Pilot/"Operator", and the Visual Observer. 6. sUAS Pilot/"Operator" will be Pilot in Command (PIC). Ifthe Pilot/"Operator" deems another

11Pilot/"Operator" 11 to be qualified with the necessary skills to be the 11Pilot/"Operator'', that person can also be designated as 11Pilot/"Operator'' II provided they have a minimum of40 hours offlight time with the sUAS. 7. Flights will be operated at a lateral distance ofat least 50 feetfrom any inhabited structures, buildings, vehicles, vessels, or people not associated withthe operation. 8. A briefing will be conducted in regard to the planned sUAS operations priorto each flight activity. Itwill be mandatorythat all personnel involved with the operational duties ofthe flight be presentforthis briefing. 

### 9. Pilot/"Operator'' and observer will have been trained in operation ofsUAS generally and received up-to-date information on the particular sUAS to be operated. 

### 10. Observer and Pilot/"Operator" will at all times be able to communicate by voice, radio, and/ortext. 

### 11. Written and/ororal permission from the relevant property holders or property representatives will be obtained. 

### 12. Ifthe sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a pre-determined location and land autonomously. 

### 13. The sUAS will have the capability to abort aflight in case of unpredicted obstacles, weather, or emergencies. 14CFR §91.109: Flight Instruction No person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. sUAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraftvia radio communication. The FAA has approved exemptions for flight training withoutfull functional dual controls for a numberof aircraft and forflight instruction in experimental aircraft. See Exemption Nos. 5778K 

### & 9862A. The equivalent level ofsafety is provided by the fact the neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft. 14 CFR §91.119: Minimum Safe Altitudes Section 91.119 established safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows that helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) ofthis section, provided each person operatingthe helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 500 feet AGL, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate higherthat 500 AGL with the exception that in circumstances where the sUAS is used to survey or photograph astructure whose height exceeds 500 feet AGL, the sUAS will not be operated more than 100 feet above the highest point on the structure. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owner. Because ofthe advance notice to the property owner and other participants in the activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far morethan the maximum 55 lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 feetAGL. In addition, the low---altitude operations ofthe sUAS will ensure separation between the sUAS operations and the operations ofconventional aircraft that must comply with Section 91.119. 14 CFR §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 ofthe departure airport or an appropriate altimetersetting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude readout, an exemption may be needed. An equivalent level ofsafety will be achieved by the Pilot/"Operator", pursuant to the safety checklist and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator beforeflight.
14CFR §91.151(a): Fuel Requirements for Flight in VFR Conditions Sections 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 flyto the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least 30 minutes; or (2) at night, to fly afterthatfor at least45 minutes." The battery powering the sUAS provides less than 30 minutes of powered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limitedto approximately 10 minutes in length. Given the limitations ofthe sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a longertimeframe for flight in daylight ortwilight CFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of priorexemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate withoutcompliance with FAR 91.151 (a)). Operatingthe sUAS, in a limited area where only people and property owners or representative with less than 30 minutes of reserve fuel, does not engenderthe type of risk thatSection 91.151 (a) was intended to alleviate given the size and speed ofthe sUAS. Additionally, limitingthe sUAS flight to 10 minuteswould greatly reduce the utilityforwhich the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limitingflights to 30 minutes or 20% of battery power- whichever happens first. This restriction would be morethan 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, and 10808. 14CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in the pertinentpart:

### (a) Except a provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate.... 

### (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers orcrew.

The sUAS fully loaded weighs less than 55 lbs. and is operated without an onboard pilot. As such, there is no ability to place to carry certification and registration documents orto displaythem on the sUAS.
An equivalent level ofsafety will be achieved by keeping these documents atthe ground control pointwhere the Pilot/"Operator'' flying the sUAS will have immediate access tothe documentsto the extentthey are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797 9797A, and 10700. 14 CFR §91.215 (a) and (b); 14CFR §91.131 (d); ATC transponder and altitude reporting equipment and use The pertinent section of91.215 (a) & (b) requires the "(a)

### Allairspace: U.S.-

--registeredcivilaircraft
. For operations not conducted under part 121 or 135 ofthis chapter, ATC transponder equipment installed

. . . 

### (b)Allairspace. Unless otherwise authorized ordirected by ATC, no person mayoperate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) ofthis section, unless that aircraft is equipped with an operable coded radar beacon transponder"
... This requirement applies 

### (1) All aircraft. In Class A, Class B, and Class Cairspace areas; 

### (2) All aircraft. In all airspace within 30 nautical miles ofan airport listed in appendix D, section 1 ofthis partfrom the surface upward to 10,000feet MSL; Likewise, the pertinent section of91.131 (d); Operating Rule in Class BAirspace 

### (d) other equipment requirements. "No person may operate an aircraft in a Class Bairspace area unless the aircraft is equipped with 

### (1) The applicable operatingtransponder and automatic altitude reporting equipment specified in §91.215 (a)
... and 

### (2) AfterJanuary 1, 2020, the applicable Automatic Dependent Surveillance---Broadcast Out equipment specified in §91.225." Because ofthe small size and limited lifting capacity ofthe sUAS, the sUAS cannot be fitted with and operate a transponder and automatic altitude reporting equipment specified in paragraph of91.215 (a) and (b) and 91.131 (d). An exemption from these requirements is requested. The equivalent level ofsafety can be assured using the procedures defined for each class ofairspace. 

### Withinthe surface areasofClass "B", Class "C", Class 

### "0"airspace Within the lateral boundaries ofthe airspace, the Pilot/"Operator'' "will establish 2 way communications with theATCfacility havingjurisdiction forthat area. The Pilot/"Operator" will provide the location (heading and distance) relative to the center ofthe airspace and request clearance to "Maneuver" above that location at or below 500 feetAGL. The Pilot/"Operator" will be responsible for "see and avoid" traffic conflicts. The Pilot/"Operator'' will at all timesyield right ofwayto ANY and All manned flight operations. All operations within 2 miles ofthe primary airport will be pre- --arranged with that controlling facility. Any and all restrictions placed on the operationswill be complied with so that all manned operations can be conducted without negatively impactingflight safety.
14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) 

### & (b): Maintenance Inspections These regulations require that an aircraft operatororowner "shall have thataircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter
...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished bythe Pilot/"Operator'' pursuantto the flight manual and operating and handbook. An equivalent level ofsafety will be achieved because these small sUASs are very limited in size and will carry small payload and operate only in limited areas for short periods oftime. Ifmechanical issues arise the sUAS and land immediatelyand will be operatingfrom no higherthan 500 feetAGL. The Pilot/"Operator" will ensure thatthe sUAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the Pilot/"Operator'' is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed and accordance with the sUAS manufacturer's manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the Pilot/"Operator'' will ensure thatthe sUAS is in working order priorto initiatingflight and perform required maintenance needed. 

### Summary Pursuant to 14CFR 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 CFR Part 21, subpart H; 14CFR 45.23(b); 14 CFR 61.113 (a) 

### & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14CFR 91.109; 14CFR 91.119; 14 CFR 91.121; 14CFR 91.151 (a); 14 CFR 91.203 (a) 

### & (b); 14 CFR 91.215 (a) 

### & (b); 14CFR 91.131 (d); 14 CFR 91.405 (a); 14CFR 407 (a) (1); 14CFR 409 (a) (2); 14 CFR 417 (a) 

### & (b)to commercially operate a small unmanned vehicle (55 lbs. or less) equipped to conduct aerial photography and cinematography services. Approval ofexemptions allowing commercial operations ofsUAs to conduct aerial photography and cinematography services will enhance safety by reducing risk. Conventional photography operations, usingjetor piston powered aircraft, at extremely low altitudes, often very close to the subject being filmed and in close proximityto people and structures; and presentthe risks associated withvehicles thatexceed 3,000 lbs., carrying large amounts ofjetA or otherfuel. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all ofthe risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried to the location. The sUAS will carry no passengers orcrew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation ofsmall sUASs, weighing less than 55 lbs., conducted in the conditions outlined above, will provide anequivalent level of safety supportingthe granting ofthe exemptions requested herein, including exemptingthe applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground but under 500 feetAGL, and within the limited area and, as a result, are far safer than conventional flight operations conducted with turbine helicopters operating in close proximityto the ground and people. 

### Privacy All flights will occur over private orcontrolled access property with the property representative or owner's prior consent and knowledge. Filming will be ofpeople who have also consented to being filmed orotherwise have agreed to be in the area where filming will take place. All flights will occur in accordance with any state or local laws regarding privacy.

Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximityto airports and populated areas and operations within visual line ofsight (VLOS) and national security- provide more than adequatejustification forthe granting ofthe requested exemptions allowing commercial operation ofapplicants sUAS in the aerial photography and cinematography services industry.

Sincerely,

Thomas A. Wohlmut CEO WMS media, Inc.