media . Inc. 

WMS media, Inc. 

38 N. Almaden Blvd. #911 

San Jose, CA 95110 . 

FAA Rulemaking 

Section 333 

Of the 

FAA Reform Act and Part 11 

Prepared by 

Thomas A. Wohlmut 

November 24, 2015 

Thomas A. Wohlmut: (510) 825-7402 

tom@wmsmedia.com 

CEO/Operator 
November 24, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE Washington, DC 

20590 

Attention: FAA Administrator 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations form 14 CFR 

Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 

(b) (2); 14 CFR 91.103; 14 CFR 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 of the FAA Modernization and Reform Act of 2012 (The Reform Act) and 14 CFR Part 11, 

WMS media, Inc. is the operator of Small 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 under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. 

As described in more detail below, the requested exemption would permit the operation of small, 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 of Transportation's (the FAA Administrator's) 

responsibilities to " ... establish requirements for the safe operations of such aircraft systems in the national airspace 

system." Section 333 (c) of the Reform Act. 

Regulations from which the exemption is requested: 14 CFR 

Part 21 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 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 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 
This 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 rule making 

required under Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of sUASs 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 sUAS's size, weight, speed, and operational capability; 

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

• Operation of the sUAS within visual line of sight (VLOS) of the Pilot/" 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." ld. §333(c). 

The Federal Aviation 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 the requirement of a regulation prescribed under subsection (a) 

or (b) of this section or any sections 44702--44716 of this title if the Administrator finds 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 or fewer lbs. including payload. They operate under 

normal conditions at a speed of no more that 50 kts and have the capability to hover, and move in the vertical and 

horizontal plan simultaneously. They will operate only in line of sight of the Pilot/" Operator" and will operate with 

the permission of the property owner or a representative. Such operations will insure that the sUAS will"not create a 

hazard to users of the national airspace system or the public" as per the Reform Act Section 333 (b). 

Applicant submits the attached EideCom Safety Policy and EideCom Operations Checklist as confidential documents 

under 14 CFR 11.35 (b) as these documents contain proprietary information that the applicant has not and will not 

share with others. The safety policy contains operating conditions and procedures that are not available to the 

public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq. 

Given the small size of the sUASs involved and the limited environment within which that 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 sUASs to commence immediately. Also due to the size of the 

sUASs and the limited areas in which the relevant sUASs will operate, 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 with allowing sUASs for commercial aerial videography and 

photography operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant 

respectfully requests that the FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and 

they operate with the limitations listed herein. These limitations provide for at least and equivalent or even higher 

level of safety of operations under the current regulatory structure because the proposed operations are conducted 

on closed off property under the permission of the property owner 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) of a Pilot/" Operator" and/orobserver. 

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 20% 

battery power reserve should that occur prior to 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 of the sUAS Pilot/" Operator", and the Visual Observer. 

6. sUAS Pilot/" Operator" will be Pilot in Command (PIC). If the 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 of 40 hours of flight time with the sUAS. 

7. Flights will be operated at a lateral distance of at least 50 feet from any inhabited structures, 

buildings, vehicles, vessels, or people not associated with the operation. 

8. A briefing will be conducted in regard to the planned sUAS operations prior to each flight activity. It will be 

mandatory that all personnel involved with the operational duties of the flight be present for this briefing. 

9. Pilot/" Operator'' and observer will have been trained in operation of sUAS 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/or text. 

11. Written and/or oral permission from the relevant property holders or property representatives will be 

obtained. 

12. If the 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 a flight in case of unpredicted obstacles, weather, or 

emergencies. 

14 CFR §91.109: Flight Instruction 

No person may operate a civil aircraft (except a manned free balloon) that is being used for flight 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 of a control box that communicates with the aircraft via radio communication. The 

FAA has approved exemptions for flight training without full functional dual controls for a number of aircraft and 

for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is 

provided by the fact the neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the 

aircraft. 

14 CFR §91.119: Minimum Safe Altitudes 

Section 91.119 established safe altitudes for operation of civil aircraft. Section 91.119 (d) allows that helicopter may 

be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person 

operating the 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 authority to 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 

higher that 500 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a 
structure 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 of safety will be achieved given the size, weight, speed of the sUAS as well as the location where 

it is operated. No flight will be taken without the permission of the property owner. Because of the advance notice 

to the property owner and other participants in the activity, all affected individuals will be aware of the planned 

flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 

lbs. 

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 feet AGL. In addition, the low---altitude 

operations of the sUAS will ensure separation between the sUAS operations and the operations of conventional 

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 of the departure airport or an appropriate altimeter setting 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 of safety will be achieved by the Pilot/" Operator", pursuant to the safety checklist and live flight 

data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 CFR §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 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 less than 30 minutes of powered flight. To meet the 30 minute reserve 

requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the 

limitations of the sUAS's proposed flight area and the location of its proposed operations within a predetermined 

area, a longer timeframe for flight in daylight or twilight CFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §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 sUAS, in a limited area where only people and property owners or representative with 

less than 30 minutes of reserve fuel, does not engender the type of risk that Section 

91.151 (a) was intended to alleviate given the size and speed of the sUAS. Additionally, limiting the sUAS flight to 10 

minutes would greatly reduce the utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% of 

battery power- whichever happens first. 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, and 10808. 

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The 

regulation provides in the pertinent part: 
(a) Except a provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: 

(1) An appropriate and current airworthiness certificate .... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this 

section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew. 

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 or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the 

Pilot/" Operator'' flying the sUAS will have immediate access to the documents to the extent they are applicable to 

the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797 

9797 A, and 10700. 

14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); ATC transponder and altitude reporting equipment and use 

The pertinent section of 91.215 (a) & (b) requires the "(a) All airspace: U.S.---registered civil aircraft. For operations not 

conducted under part 121 or 135 of this chapter, ATC transponder equipment installed . . . 

(b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace 

described in paragraphs (b)(1) through (b)(5) of this 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 C airspace areas; 

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from 

the surface upward to 10,000 feet MSL; 

Likewise, the pertinent section of 91.131 (d); Operating Rule in Class B Airspace 

(d) other equipment requirements. 

"No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with 

(1) The applicable operating transponder and automatic altitude reporting equipment specified in 

§91.215 (a) ... and 

(2) After January 1, 2020, the applicable Automatic Dependent Surveillance---Broadcast Out equipment specified in 

§91.225." 

Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted with and operate a 

transponder and automatic altitude reporting equipment specified in paragraph of 91.215 (a) and (b) and 91.131 

(d). An exemption from these requirements is requested. The equivalent level of safety can be assured using the 

procedures defined for each class of airspace. 

Within the surface areas of Class "B", Class "C", Class "0" airspace 

Within the lateral boundaries of the airspace, the Pilot/"Operator'' "will establish 2 way communications with the ATC 
facility having jurisdiction for that area. The Pilot/" Operator" will provide the location (heading and distance) relative 

to the center of the airspace and request clearance to "Maneuver" above that location at or below 500 feet AGL. The 

Pilot/" Operator" will be responsible for "see and avoid" traffic conflicts. The Pilot/"Operator'' will at all times yield 

right of way to ANY and All manned flight operations. All operations within 2 miles of the primary airport will be pre-

--arranged 

with that controlling facility. Any and all restrictions placed on the operations will be complied with so that all manned 

operations can be conducted without negatively impacting flight safety. 

14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): 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 sections 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 Pilot/"Operator'' pursuant to the flight manual and 

operating and handbook. An equivalent level of safety 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 of time. If mechanical issues arise 

the sUAS and land immediately and will be operating from no higher than 500 feet AGL. The Pilot/" Operator" will 

ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any 

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 of safety. An equivalent level 

of safety 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 that the sUAS is in working order prior to initiating flight and perform required 

maintenance needed. 

Summary 

Pursuant to 14 CFR 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; 14 CFR 45.23(b); 14 CFR 61.113 

(a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14CFR 

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 CFR 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 of exemptions allowing commercial operations of sUAs to conduct aerial photography and cinematography 

services will enhance safety by reducing risk. Conventional photography operations, using jet or piston powered 

aircraft, at extremely low altitudes, often very close to the subject being filmed and in close proximity to people and 

structures; and present the risks associated with vehicles that exceed 3,000 lbs., carrying large amounts of jet A or 

other fuel. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of the risk 

given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the location. 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 sUASs, weighing less than 55 lbs., conducted in the conditions outlined above, will provide an 
equivalent level of safety supporting the granting of the exemptions requested herein, including exempting the 

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 feet AGL, and within the limited area and, as a result, are far safer 

than conventional flight operations conducted with turbine helicopters operating in close proximity to the ground and 

people. 

Privacy 

All flights will occur over private or controlled access property with the property representative or owner's prior 

consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise 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 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 operations within visual line of sight 

(VLOS) and national security- provide more than adequate justification for the granting of the requested 

exemptions allowing commercial operation of applicants sUAS in the aerial photography and 

cinematography services industry. 

Sincerely, 

Thomas A. Wohlmut 

CEO 

WMS media, Inc.