AFS-15-019-E 

February 2, 2015

 Exemption No. 11161 

 Regulatory Docket No. FAA-2014-0786 

Mr. Alan D. Purwin 

16303 Waterman Drive 

Van Nuys, California 91406 

Dear Mr. Purwin: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

By letter dated September 29, 2014, which referenced supplemental proprietary information 

submitted to the Federal Aviation Administration (FAA) under separate cover, you petitioned the 

FAA for an exemption from §§ 61.113(a) and (b), 91.103, 91.119(c), 91.121, 91.151(a), 

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal 

Regulations (14 CFR). The exemption would allow Alan D. Purwin to commercially operate its 

Gryphon Dynamics X8 with an eight rotor, eight motor quadcopter and a DJI S1000 eight rotor, 

eight motor octocopter, unmanned aircraft systems (UAS) for aerial photography in the motion 

picture and television industry. 

Discussion of Public Comments: 

A summary of the petition was published in the Federal Register on October 17, 2014 

(79 FR 62511). The Air Line Pilots Association International (ALPA) and the National 

Agricultural Aviation Association (NAAA) filed comments opposing the grant of an exemption. 

ALPA expresses concern regarding several aspects of the petition. ALPA notes the petitioner’s 

reference to operations conducted within “limited or predetermined” sterile areas is not defined, 

nor does the petitioner detail procedures for controlling the airspace or area of operation. 
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Specifically, ALPA states “there must be means both to ensure that the sUAS remains within the 

defined airspace and to ensure that the hazard of other aircraft intruding on the operation 

is mitigated.” The FAA believes the limitations under which the petitioner will operate (i.e. 

VLOS and at or below 400 feet above ground level (AGL)) are sufficient mitigations to this risk 

so that the operations will not adversely affect safety. 

Regarding the petitioner’s statement that the PIC and observer will be able to communicate by 

voice or text, ALPA notes that text messaging could have an unknown latency extending to 

several minutes. ALPA also states that the pilot and observer should be able to maintain a visual 

observation of the aircraft and area of operation when using voice communication. NAAA states 

UAS observers must be present and able to communicate with the operator from the most 

minimal distance possible. The FAA has inserted a condition regarding PIC and visual observer 

communications. 

 

ALPA asserts the UAS’s lithium polymer batteries have numerous associated fire and explosion 

hazards as outlined in DOT/FAA/AR-09/55, “Flammability Assessment of Lithium-Ion and 

Lithium-Ion Polymer Battery Cell Designed for Aircraft Power Usage (January 2010),” and that 

the safe carriage of the batteries and the mitigations in place for known risks should be 

addressed. The referenced study was primarily conducted to determine how certain battery cells 

react in a fire situation aboard manned airplanes. Given the size of the battery and the operating 

conditions of the UAS, the FAA concludes that the use of a lithium polymer battery will not pose 

an undue safety risk for the proposed operations. 

ALPA comments that command and control (C2) link failures are one of the most common 

failures on a UAS, and that lost link mitigations should require safe modes to prevent fly-aways 

or other scenarios. The FAA agrees and carefully examined the proposed operation to ensure 

that the vehicle design and the petitioner’s operating documents addressed potential hazards 

related to C2 failure. The FAA finds that the UAS to be operated by the petitioner has sufficient 

design features to address these hazards. The FAA also finds that the operating documents have 

incorporated safety procedures to be followed by all operational participants should a C2 failure 

occur. Further detail is contained in the analysis of the UAS below. 

ALPA also notes that the petitioner’s proposed operations are for “compensation or hire,” and 

argues the pilot must hold at least a current FAA commercial pilot certificate with an appropriate 

category and class rating for the type of aircraft being flown, as well as specific and adequate 

training on the UAS make and model intended to be used. Similarly, ALPA asserts a current 

second-class airman medical certificate should be required. NAAA also commented on pilot 

qualification, stating— 

Just as manned aircraft pilots are required to undergo a rigorous training 

curriculum and show that they are fit to operate a commercial aircraft, so 

too must UAS operators. Holding a commercial certificate holds UAS 

operators to similar high standards as commercial aircraft operators and 

ensures they are aware of their responsibilities as commercial operators 

within the NAS. Medical requirements ensure they have the necessary 
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visual and mental acuity to operate a commercial aircraft repeatedly over a 

sustained period of time. 

The FAA has reviewed the knowledge and training required by holders of both private and 

commercial certificates. Additional details are available in the ensuing analysis of this issue with 

regards to 14 CFR § 61.113. 

ALPA opposes an exemption from the pre-flight action requirements of § 91.103. In addition, 

although the petitioner did not request an exemption from § 91.113, ALPA notes the petitioner 

must specify a means to meet see and avoid requirements in § 91.113 given the absence of an 

onboard pilot. This comment is addressed in detail in the FAA analysis below. 

ALPA mentioned the aircraft will not have a barometric altimeter as required by 

14 CFR § 91.121, stating the ability to accurately maintain altitude must be addressed, and 

processes or mitigations, such as redundant control capability, fail-safe systems, backups and 

specific, validated procedures for system and equipment failures must be in place. The FAA 

agrees with ALPA and addresses this concern in its analysis of the exemption from 

14 CFR § 91.121, finding that the alternative means of compliance proposed by the petitioner 

does not adversely affect safety. 

Regarding the fuel requirements of § 91.151, ALPA argues that using batteries as the only source 

of an aircraft’s power is a substantial shift from traditional methods of propulsion, and requires 

further research to determine best safety practices. This comment is addressed in detail below. 

Regarding §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b), ALPA opposes the 

petitioner’s attempt to avoid compliance with established aircraft maintenance and recordkeeping 

requirements. ALPA states the UAS should comply with the same level of safety as other 

aircraft operated commercially in the NAS. This comment is addressed in detail below. 

ALPA also expresses concern that the petitioner’s waiver request is not for a single specific 

operation or location, but for all operations of the same general type. ALPA states this results in 

a considerable increase in the FAA’s oversight tasks. The FAA notes ALPAs concern and in 

order to minimize potential impact to the NAS, the FAA requires each operator secure a 

Certificate of Waiver or Authorization (COA) which covers specific details of the petitioners 

operation. The FAA recognizes that UAS integration will generate new NAS access demand and 

will review and adjust accordingly. 

NAAA states it represents the interests of small business owners and pilots licensed 

as commercial applicators. NAAA explains that its members operate in low-level airspace, and 

clear low-level airspace is vital to the safety of these operators. 

NAAA states that seeing and avoiding other aircraft and hazardous obstructions is the backbone 

for agricultural safety, and agricultural pilots depend on pilots of other aircraft to perform their 

see-and-avoid functions needed to prevent collisions. NAAA believes UA operations at low 

altitudes will increase the potential of collision hazards with agricultural aircraft. NAAA argues 
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that until adequate see-and-avoid technology is developed, the FAA should require UAS 

operators to post a Notice to Airmen (NOTAM) 48 to 72 hours before operations. NAAA 

proposes UAS aircraft be painted a highly visible color, be equipped with strobe lights, and use 

Automatic Dependent Surveillance–Broadcast (ADS–B) or other similar location reporting 

technology. To address these concerns the FAA has incorporated associated conditions and 

limitations into this exemption, including: a) NOTAMs issued for all operations, b) operations 

conducted within VLOS of the PIC and the VO, and c) the UAS PIC must always yield right-ofway to manned aircraft. 

NAAA also proposes a number of operating limitations and requirements for UAS operators. 

NAAA states UAS operators should have procedures to immediately ground the UAS if another 

low-flying aircraft is within 2 miles; be attentive and free from distractions; comply with all 

applicable regulations, policies, and procedures; be equipped with aviation radios set to a locally 

defined frequency; have a separate VO with a second-class medical certificate and perform 

duties for only one UAS at a time; maintain line-of-sight operations; and be well-versed in the 

UAS operator document. NAAA further states UAS should be properly maintained, have a 

registered N-Number on an indestructible and unmovable plate, and be required to have an 

airworthiness certificate and liability insurance. These comments are addressed in the FAA’s 

analysis and conditions and limitations. 

 

The FAA’s Analysis is as follows: 

Although the petitioner did not seek relief from 14 CFR § 91.7(a) Civil aircraft airworthiness,

the FAA finds that relief from § 91.7(a) is necessary. While the petitioner’s UAS will not require 

an airworthiness certificate in accordance with 14 CFR part 21, Subpart H, the FAA considers 

the petitioner’s compliance with its operating documents to be a sufficient means for determining 

an airworthy condition. The petitioner is still required to ensure that its aircraft is in an airworthy 

condition – based on compliance with the operating documents prior to every flight, and as stated 

in the conditions and limitations below. 

The Basis for Our Decision 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grants of Exemption No. 11062 and 11158, the FAA found 

that the enhanced safety achieved using an 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. The FAA also found that 

UAS provide an additional tool for the filmmaking industry, adding a greater degree of 

flexibility, which supplements the current capabilities offered by manned aircraft. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the Grants of 

Exemption No. 11062 and 11158; 
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 the reasons stated by the FAA for granting the Grant of Exemption Nos. 11062 and 

11158 also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

In accordance with the statutory criteria provided in Section 333 of PL 112-95 in reference to 49 

USC 44704, and in consideration of the size, weight, speed, and limited operating area associated 

with the aircraft and its operation, the Secretary of Transportation has determined that these 

aircraft meet the conditions of Section 333. 

The table below summarizes the FAA’s determinations regarding the relief sought by the 

petitioner: 

Relief considered (14 CFR) FAA determination (14 CFR) 

61.113(a) and (b) Relief granted with conditions and limitations 

91.7(a) Relief granted from 91.7(a), with conditions and 

limitations 

91.103 Relief not necessary 

91.119 Relief granted for Paragraph (c) with conditions 

and limitations 

91.121 Relief granted with conditions and limitations 

91.151(a) Relief granted for 91.151(a)(1), day, with 

conditions and limitations 

91.405(a) Relief granted with conditions and limitations 

91.407(a)(1) Relief granted with conditions and limitations 

91.409(a)(2) 

Relief granted with conditions and limitations; 

relief from 91.409(a)(1) also granted with 

conditions and limitations 

91.417(a) and (b) Relief granted with conditions and limitations 

The FAA’s Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, 

delegated to me by the Administrator, Alan D. Purwin is granted an exemption 

from 14 CFR 61.113(a) and (b); 91.7(a); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 

91.409(a)(1) and (a)(2); and 91.417(a) and (b) to the extent necessary to allow Alan D. Purwin 
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to operate UAS for the purpose of aerial photography in the motion picture and television 

industry. This exemption is subject to the conditions and limitations listed below. 

Conditions and Limitations 

Relative to this grant of exemption, Alan D. Purwin is hereafter referred to as the operator. 

The petition and the following supporting documentation are hereinafter referred to as the 

operating documents. 

1. Alan D. Purwin UAS Flight Operations and Procedures Manual (FOPM), 

2. Alan D. Purwin Motion Picture and Television Operations Manual (MPTOM), 

Failure to comply with any of the conditions and limitations of this grant of exemption 

will be grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the following unmanned 

aircraft (UA): 1) Gryphon Dynamics X8 SN#001, quad copter with eight rotors and motors, 

and, 2) the DJI S1000, octocopter with eight rotors and motors. Each weighs less than 55 

pounds. Proposed operations of any other UAS will require a new petition or a petition to 

amend this grant. 

2. UAS operations under this exemption are limited to conducting operations for the purpose of 

aerial filming in the motion picture and television industry. 

3. The Gryphon Dynamics X8 may not be flown at a ground speed in excess of 50 knots. The 

DJI Phantom may not be flown at a ground speed in excess of 50 knots. 

4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued medical certificate. 

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be 

able to communicate verbally at all times. Electronic messaging or texting is not permitted 

during flight operations. The PIC must be designated before the flight and cannot transfer his 

or her designation for the duration of the flight. The PIC must ensure that the VO can 

perform the functions prescribed in the operating documents. 

6. The VO must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not permitted 

to operate the camera or other instruments. 

7. The operating documents and this grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists 
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between the conditions and limitations in this exemption and the procedures outlined in the 

operating documents, the conditions and limitations herein take precedence and must be 

followed. Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the operator’s 

responsibility to track such revisions and present updated and revised documents to the 

Administrator upon request. The operator must also present updated and revised documents 

if it petitions for extension or amendment to this grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA granted 

this exemption, then the operator must petition for amendment to its grant of exemption. The 

FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding 

updates or revisions to the operating documents. 

8. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. 

If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the UAS 

is found to be in a condition for safe flight. The Ground Control Station must be included in 

the preflight inspection. All maintenance and alterations must be properly documented in the 

aircraft records. 

9. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight. The PIC who conducts the functional test flight must make an entry in 

the aircraft records. 

10. The pre-flight inspection must account for all discrepancies, e.g. inoperable components, 

items, or equipment, not already covered in the relevant sections of the operating documents. 

11. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul; replacement, inspection, and life limit requirements. 

12. The operator must carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, and alterations must 

be noted in the aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning the UAS to service. 

13. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

14. The authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections. 

15. The PIC must possess at least a private pilot certificate and at least a third-class airman 

medical certificate. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 
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16. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria, completes the operator’s UAS training, and demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated under this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vessels, vehicles and structures. The UAS may not be operated by 

any other person who does not meet the requirements above. The VO is also required to 

complete the operator’s training requirements. A record of training must be documented and 

made available upon request by the Administrator. Flights for the purposes of training the 

operator’s PICs and VOs (training, proficiency, and experience-building), are permitted 

under the terms of this exemption. However, training operations may only be conducted 

during dedicated training sessions. 

17. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights under 

special visual flight rules (SVFR) are not authorized. 

18. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request. 

19. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

20. If the UAS loses communications or loses its GPS signal, it must return to a pre-determined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

21. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

22. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions), there is enough power to fly at normal cruising speed to the intended landing 

point and land the UA with 25% battery power remaining. 

23. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this grant of exemption. This 

COA will also require the operator to request a Notice to Airman (NOTAM) not more than 

72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be 

conducted in accordance with airspace requirements in the ATO issued COA including class 

of airspace, altitude level and potential transponder requirements. 

24. The UA may not be operated from an elevated platform. 
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25. All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings 

in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 

26. Before conducting operations, the radio frequency spectrum used for operation and control of 

the UA must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

27. The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS any time the UAS is operating. These documents must be 

made available to the Administrator or any law enforcement official upon request. 

28. At least three days before scheduled filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over 

the area of proposed filming. The 3-day notification may be waived with the concurrence of 

the FSDO. The plan of activities must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS filming production 

conducted under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N-number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the filming production 

event; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption-holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

29. The UA must remain clear and yield the right of way to manned aviation operations and 

activities at all times. 

30. The UAS may not be operated by the PIC from any moving device or vehicle. 

31. The UA may not be operated over congested or densely populated areas. 

32. Regarding the distance from participating persons, the operating documents have safety 

procedures for UA operations to be conducted closer than 500 feet to authorized and 

consenting production personnel. At all times, operations must not present an undue hazard 

to those participating persons per § 91.119(a). 
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33. Regarding distance from nonparticipating persons, the operator must ensure no persons are 

allowed within the perimeter of 500 feet from the area of primary filming except those 

consenting to be involved and necessary for the filming production. This provision may be 

reduced to no less than 200 feet if it would not adversely affect safety and the Administrator 

has approved it. For example, an equivalent level of safety may be determined by an aviation 

safety inspector’s evaluation of the filming production area to note terrain features, 

obstructions, buildings, safety barriers, etc. Such barriers may protect nonparticipating 

persons (observers, the public, news media, etc.) from debris in the event of an accident. This 

is also consistent with the same FAA Order 8900.1, V3, C8, S1. 

34. All operations shall be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

35. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA must be reported to the FAA’s UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and 

the UAS operations must comply with all applicable parts of 14 CFR including, but not limited 

to, parts 45, 47, 61, and 91. 

This exemption terminates on February 28, 2017, unless sooner superseded or rescinded. 

Issued in Washington, DC, on February 2, 2015. 

/s/ 

John S. Duncan 

Director, Flight Standards Service