September 21, 2015 

Federal Aviation Administration 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

VVashington, DC 20590 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from certain parts of the FARs. 

Dear Administrator: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 1 l, TAG Aerial Media LLC, a professional aerial photography company, 

hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow 

operation of a small Unmanned Aircraft System ("sUAS") under the conditions and limitations 

set forth in this Petition. 

An exemption is being requested because (1) existing regulations will burden the Petitioner, (2) 

Petitioner can provide a level of safety that is equal (or greater than in many cases) to those provided by existing rules and (3) the request is in the public interest. The FAA's authority to issue 

exemptions from operating rules, and the Secretary's authority granted by Section of P.L.l 12-95, 

Special Rules for Certain Unmanned Aircraft Systems provide an opportunity to authorize certain 

SUAS operations in the National Airspace System ("NAS") prior to implementation of the SUAS 

rule. This incremental step will allow the Petitioner's SUASs to safely and legally enter into the 

NAS. 

The requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is (1) limited, (2) predetermined, and (3 ) 

would provide aerial photography in assistance for real estate services, pipeline surveys and special events. Approval of this exemption would thereby enhance safety and fulfill 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. 

I. Contact Information 

The name and address of the applicant is: 
Todd Gregory 

TAG Aerial Media LLC 

Telephone: 540-320-1170 

Email: TAGAerialMedia@gmail.com 

Address: PO Box 1894 Dublin, Virginia 

II. Regulations firom which TAG Aerial Media LLC requests exem tp ion 

14 CFR Part 21 

14 C.F.R. § 45.23(b) 

14 CFR § 61.3 

14 C.F.R. § 91.7 (a) 

14 CFR § 91.9 (b) (2) 

14 C.F.R. § 91.103 

14 C.F.R. § 91.109 

14 C.F. R. § 91.119 

14 C.F.R. § 91.121 

14 CFR § 91.151 (a) 

14 CFR § 91.203 (a) & (b) 

14 CFR § 91.205(b) 

14 CFR § 91.215 

14 CFR § 91.405 (a) 

14 CFR § 407 (a) (1) 

14 CFR § 409 (a) (2) 

14 CFR § 417 (a) & (b) 3 

III. The Extent of Relief TAG Aerial Media LLC requests 

The Appendix describes the FARs from which an exemption is requested and summarizes the 

justification for each requested exemption. 

The Petition is submitted to fulfill Congress' goal under Section 333(a) through (c) of the Reform Act, which 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 

Administrator must 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 UAS's 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 § 3 3 3(a). 

If the Administrator determines that such vehicles "may operate safely in the national airspace 

system, the Secretary shali establish requirements for the safe operation of such aircraft in the 

national airspace system." Id. § 333(c) (emphasis added). 

The Secretary has delegated his aviation authority to the Administrator of the FAA. 

The Federal Aviation Act expressly grants the FAA the authority to gra.nt exemptions from its 

regulatory requirements for civil aircraft, a term defined under §40101 of the Act, which includes 
UASs. 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 Federal Aviation 

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

USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1). 

Consideration of the relevant factors provides in favor of an exemption for TAG Aerial Media 

LLC. The UASs used by TAG Aerial Media LLC are a DJI s900 and a DJI Phantom 3. Theses 

UASs are equipped with GPS and Auto Return, fail-safe technology and weigh approximately 8 

pounds. 

TAG Aerial Media LLC considers safety to be the paramount consideration for every flight. 

Each flight will operate at no more than 17 knots. The UASs are designed to hover in place via 

GPS and move simultaneously in both a horizontal a.nd vertical plane. In accordance with FAA 

regulations, TAG Aerial Media LLC will not operate the UAS near an airport. Each flight will 

contain both a Pilot in Command(PIC) and a Visual Observer(VO). Each participant will be on 

alert for nearby aircrafts and will be prepared to abort their flight immediately to the nearest possible ground point. 

The Pilot in Command (PIC) of each flight will be TAG Aerial Media LLC owner, Todd Gregory. Mr. Gregory is a full scale pilot with over 1000 hours of flying time. Mr. Gregory has had his 

airman's license for over 9 years without a single infraction. In addition, Mr. Gregory has over 14 

years of model aircraft experience along with turbine and giant scale experience. 

IV. Description of TAG Aerial Media LLC Unmanned Aircraft S, s~T s 

TAG Aerial Media LLC seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 3 and DJI s900 are vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or 

smart phone systerns. The DJI Phantom 3 has a maximum gross weight of approximately 2 

pounds 14 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and 

a maximum speed of approximately 29 knots. The DJI s900 has a maximum gross weight of 7 

pounds 4 ounces, a length of 18.11 inches, width of 17.71 inches, height of 14.17 inches, and a 

maximum speed of approximately 42 knots. The DJI Phantom 3 is equipped with four main 

rotors while the DJI s900 is equipped with 6 rotors; driven by Lithium Polymer battery powered 

electric motors. 

The DJI Phantom 3 and DJI s900 that will be operated by TAG Aerial Media LLC will be 

registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.R Part 

47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and 

Registration Markings. 

V. TAG Aerial Media LLC Exemption will Serve the Public Benefit 

The public benefit will'be served by providing an exemption to TAG Aerial Media LLC. The 

UAS in lieu of manned aircraft would enhance public safety and reduce the overall 
environmental impact. In addition, this exemption will enable property owners a more cost 

effective and efficient way to conduct surveys than traditional ground level photography. TAG 

Aerial Media LLC has over $1 million in liability insurance. 

VI. TAG Aerial Media LLC exemption will not adversely affect safety 

The UAS will be operated in the field with both a PIC (Pilot in Command) and a VO (Visual 

Observer) and with the following restrictions: 

a. No flight will be made with a UA Gross weight exceeding 55 pounds; 

b. Flights will be operated within the sigh of PIC and/or VO. 

c. All operations must occur in FAA Class G airspace at no more than 400 ft. Above 

Ground Level (AGL), at an airspeed of no more than 87 knots and no further than 3/4 

NM from the PIC; 

d. A VO will be used on every mission until the requirement is modified by the FAA 

guidance and rule change. The VO and PIC must be able to communicate by voice at 

all times during a flight operation; 

e. In the event of operations are over private property, every effort will be made to notify 

and gain permission of the property owner; 

f. The PIC will brief the VO and property owner about the operation and risk before the 

first flight at each new location; 

g. The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft 

pilot and at least ten hours logged as a UA pilot with a similar UA type; 

h. All required permits will be obtained from state and local government prior to 

operation; 

i. The sUAS System will not be operated over densely populated areas; 

j. The sUAS System will not be operated at air shows; 

k. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless: 

1. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator will ensure that 

nonparticipating 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 will cease immediately in a manner ensuring the safety of nonparticipating persons; and 

2. The owner/controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk 
of operating closer to those objects and determined that it does not present an undue 

hazard 

i. The sUAS System will not be operated over heavily trafficked roads; 

m. The sUAS System will not be operated within 5 NM of an airport or heliport unless coordinated with air traffic control or airfield management for uncontrolled airfields (written 

approval on file); 

n. The sUAS System will not be operated over properties smaller than two acres in size unless: 

1. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and 

2. The PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard 

o. Operations will be restricted to day only and weather conditions equivalent to VFR; 

p. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough. available power for the UA to conduct 

the intended operation and to operate after that for at least 5 minutes or with the 

reserve power recommended by the manufacturer if greater. 

q. No flight may be made without a Pre-Flight Inspection by the PIC before each 

operation to ascertain that the UA is in a condition safe for flight. 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size 

and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement capability, and proximity to airports and populated areas of the particular UAS. In all cases, an 

analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed-wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. 

The UASs to be operated hereunder is less than 8 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a limited radius area as set out in the pre flight briefing / VLOS operations. Unlike other 

civil aircraft, operations under this exemption will be tightly controlled and monitored by both 

the Operator, pursuant' to safety requirements, and under the requirements and in compliance 

with local public safety requirements, to provide security for the area of operation as is now done 
with conventional aircraft. These safety enhancements, which already apply to civil aircraft operated in connection with video production, provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued 

under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load. 

14 CFR §45.23 (B): 

Marking of the Aircraft The regulation requires: When marks include only the Roman capital 

letter "N" and the registration number is displayed on limited, restricted or light-sport category 

aircraft or experimental or provisionally certificated aircraft, the operator must also display on 

that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words "limited," "restricted", "light-sport," "experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 

UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUAV, two-inch lettering will be impossible. The 

word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the Pilot, Spotter (Observer) and others working with the sUAV 

will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 CFR §61.113 (a) &(b): Private Pilot Privileges and Limitations - Pilot in Command 

(PIC) 

Sections 61.113 (a) &(b) limit private pilots to noncommercial 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 have a private pilot's 

license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the UASs 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 Operating Manual. The level of safety provided by the requirements included in the Operating Manual meets that provided by single individual holding a 

commercial pilot's certificate operating a conventional aircraft. The risks associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS 

as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 

CFR § 61.113 (a) & (b). 

14 CFR §91.7 (a): Civil Aircraft Airworthiness 

The regulation requireg that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be 
granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of 

the aircraft and the requirements contained in the Operating Manual for maintenance and use of 

safety checks prior to each flight, as set forth in the Operating Manual, a.n equivalent level of 

safety will be provided. 

14 CFR §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft 

Section 91.9 (b) (2) provides: No person may U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 

available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. 

The sUAS, given its size and configuration has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the Operating Manual at the ground 

control point where the pilot flying the UASs will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A 10602, 32827, and 10700 

14 CFR §91.103: Preflight Action 

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft 

an exemption will be needed. An equivalent level of safety will be provided as set forth in the 

Operating Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. 

14 CFR §91.109: Flight Instruction 

Section 91.103 provides that 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. SUASs 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 communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. See Exemptions Nos. 5778K & 9862A. The equivalent level of safety provided by the 

fact that aircraft will be piloted by a certified private pilot who has previously trained in remote 

flight areas before attempting flight within filming distance of structures. 

14 CFR §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, TAG Aerial Media requests authority to operate at altitudes up to 200 

ft. AGL; an exemption may be needed to allow such operations. As set forth herein, the UAS 

will never operate at higher than 200 ft. AGL. It will however be operated in a controlled area 

where buildings and people will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as 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 participants in the photographic 

activity, all affected individuals will be aware of the planned flight operations as set forth in the 

Operating Manual. Compared to flight operations with aircraft or rotorcraft weighing far rnore 

than the maximum 8 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 ft. AGL. In addition, the low-altitude operations of the sUAS will ensure 

separation between these small UASs 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 UASs will not have a barometric altimeter, but 

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

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

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 25 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be impossible. 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. 

Applicant believes that an exemption firom 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 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 reserved fue1, 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. Additionally, limiting sUAS flights 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 25 

minutes or 25% of battery power whichever happens first. This restriction would be more than 

adequate return the UASs 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 pertinent part: (a) Except as 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 (b) 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 UASs fully loaded weighs no more than 8 lbs. and is operated without an onboard Pilot. As 

such, there is no ability or 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 flying the sUAS will have immediate access to them, to the extent they are 

applicable to the sUAS, and should they be issued. The FAA has issued numerous exemptions to 

this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 

9665, 97895 9789A, 9797, 9797A, 9816A, and 10700. 

14 CFR §91.405 (a); 407 (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 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 Operating manual. 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 restricted 

areas for limited periods of time. If inechanical issues arise the UAS can land immediately and 

will be operating from no higher than 200 ft. AGL. As provided in the Operating Manual, the 

PIC (operator) will ensure that the UASs is in working order prior to initiating flight, and perform required maintenance. 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. ' 
Privacy 

All flights will occur over private property with the property owner's expressed prior consent 

VII. Summary 

TAG Aeria1 Media LLC seeks an exemption from the following rules: 14 CFR § 21, subpart H; 

14 CFR § 45.23 (b); 14 CFR § 61.113 (a) &(b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 

91.119; 

Approval of the above exemptions will allow TAG Aerial Media LLC to commercially operated 

UASs in providing aerial photography that will enhance safety by reducing the risks associated 

with use of traditional aircraft. 

TAG Aerial Media LLC respectfully requests that the FAA grant its exception without delay. 

The FAA has the authority to issue the exemption sought by TAG Aerial Media LLC pursuant to 

Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). 

Respectfully Submitted, 

Todd Gregory 

Owner 

TAG Aerial Media LLC