June 17, 2015

Exemption No. 11841

Regulatory Docket No. FAA–2015–0529

Mr. Mark E. McKinnon

Mr. Matthew J. Clark

Counsel for Motown Digital, LLC

McKenna Long and Aldridge LLP

1676 International Drive, Penthouse

McLean, VA 22102

Dear Messrs. McKinnon and Clark:

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 February 25 and June 10, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Motown Digital, LLC (hereinafter petitioner or operator) 

for an exemption. The exemption would allow the petitioner to operate an unmanned aircraft 

system (UAS) to conduct aerial photography and cinematography, primarily for use in the 

video production industry.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Spreading Wings S900.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 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 this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection and closed set motion picture and 

filming. The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 

11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the 

enhanced safety achieved using an unmanned aircraft (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.

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

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our 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, Motown Digital, LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collectionand closed set motion picture and filming. This exemption is subject to the 

conditions and limitations listed below.
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Conditions and Limitations

In this grant of exemption, Motown Digital, LLC is hereafter referred to as the operator.

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 DJI Spreading 

Wings S900 when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. 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 airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. 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 duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
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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 or any law enforcement official 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 an 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. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. 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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14. The operator may not permit any PIC to operate unless the PIC 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. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

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

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. 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.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

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

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

20. 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.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. 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.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any 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 aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

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

from the UA and/or debris in the event of an accident. The operator must 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 must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (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 aerial filming 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 aerial filming;

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.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

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.
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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
.. 

STEVE LEHTO 

Attorney at Law 

Motown Digital 

6689 Orchard Lake Rd::- Suite 121 

West Bloomfield Ml48322 · 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room Wl2-140 

Washington, DC 20590 

February 25, 2015 

Phone (248) 546-6626 

Fax (248) 556-4456 

Lehto@Kennon.com 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of2012 

Dear Sir or Madam: 

I represent Motown Digital, LLC, a Michigan Limited Liability Company doing business 

as Motown Digital ("Motown"). I am writing pursuant to the FAA Modernization and Reform Act of 

20121 (the "Reform Act") and the procedures contained in 14 C.F.R. 11, to request that Motown, an 

owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations 

("F ARs") listed below so that Motown may operate its small unmanned aircraft I lightweight unmanned 

aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation Administration 

("FAA''). 

As described herein, Motown is the leader in capturing high definition, film quality aerial 

cinematography with small, unmanned aircraft and lightweight UASs. It is the only company in this 

region that has publicly shown its ability to carry film quality camera systems, like the Blackmagic 

Design Cinema Camera , on a stable UAS platform operated by FAA private pilots. Motown has equipped 

each of its small unmanned aircraft for aerial photography and cinematography, primarily for use in the 

video production industry, though given their stability and maneuverability, they may be used for other 

cinematography, by law enforcement personnel and by other first responders. Motown's UASs are the 

most advanced remote control aircraft being used for these purposes and they are already highly regarded 

by noteworthy experts in the field of unmanned rotorcraft, as well as feature film and video content 

providers. 

Motown operates in the economically distressed metro Detroit region of Michigan. Its objective is to 

provide cost effective aerial video systems that can be used to promote our region, support our municipalities, 

and provide businesses tools needed to aid them in much needed business development and job creation 

efforts. Motown digital's CEO is a licensed private pilot with intimate knowledge of our region's airspace. 

Motown's UA V operations and build out is being conducted with the consultation of a local UA V expert with 

decades of model and UAV aircraft experience. Motown would now like permission to fly its UASs 

commercially in the United States to capture aerial video and cinematography to help revitalize our 

economically challenged region. 

1 112 P.L. 95 (2012). 
U.S. Dep't ofTransp. 

June 16, 2014 

Page 2 of7 

Motown's exemption request would permit its operation of lightweight, unmanned (piloted by 

remote control) and comparatively inexpensive UASs in tightly controlled and limited airspace. 

Predetermined, specifically marked areas of operation, cordoned off locations and corresponding 

enhancements to current safety controls will allow Motown to operate within current safety parameters. 

Currently, similar lightweight, remote controlled UAS's are legally operated by amateurs with no flight 

experience, safety plan or controls in place to prevent accidents. It seems only logical to allow 

Motown's experienced remote control pilots, technicians and safety crew to operate similar lightweight 

UASs. This will act to further safety protocols specific to lightweight UASs as Motown acquires 

flight data and other information gained through permitted flight operations. 

Granting Motown's request comports with the Secretary of Transportation's (FAA 

Administrator's) responsibilities to not only integrate UASs into the national airspace system, but to 

" ... establish requirements for the safe operation of such aircraft systems [UASs] in the national airspace 

system" under Section 333(c) of the Reform Act. Further, Motown will conduct its operations in 

compliance with the protocols described herein or as otherwise established by the FAA. 

For the reasons stated below, Motown respectfully requests the grant of an exemption allowing it 

to operate lightweight, remote controlled UAS's. 

1. Motown's Contact Information: 

Motown Digital 

6689 Orchard Lake Road, 121 

West Bloomfield, MI 48322 

248-990-3675 I 877-669-1290 

E-Mail: dave@motowndigital.com 

2. The Specific Sections of Title 14 ofthe Code ofFederal Regulations From Which Motown 

Requests Exemption are: 

14 CFR 21; 

14 C.F.R. 45.23(b); 

14 CFR 61.113 (a) & (b); 

14 C.F.R. 91, et seq.; 

14 CFR 407 (a) (1); 

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b). 
U.S. Dep't of Transp. 

June 16, 2014 

Page 3 of7 

3. The Extent of Relief Motown Seeks and the Reason It Seeks Such Relief: 

Motown submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking 

relief from any currently applicable FARs operating to prevent Motown's contemplated commercial 

cinematic, video, and other flight operations within the national airspace system. The FAA has the 

authority to issue the exemption sought by Motown pursuant to the Federal Aviation Act, 85 P.L. 726 

(1958), as amended (the act"). 

The Reform Act in Section 332 provides for such integration of civil unmanned aircraft 

systems into our national airspace system as it is in the public's interest to do so. Motown's lightweight 

UASs meet the definition of "small unmanned aircraft" as defined in Section 331 and therefore the 

integration of Motown's lightweight UASs are expressly contemplated by the Reform Act. Motown 

would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the 

FAA to promulgate rules governing such craft. 

The Reform Act guides the Secretary in determining the types of UASs that may operate safely in 

our national airspace system. Considerations include: 

The ~gpt, size, sp::lXl and overall capibilities of the UAS; 

\\beth!r the UAS vvill re qxyated near aii]Xrts cr -p:pulated areas; and, 

\\beth!r the UAS vvill be qxyated by line of sight 

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Motown. 

Motown's UASs utilize 4 to 8 counter-rotating propellers for extreme balance, control and 

stability. They each weigh less than 25 pounds, including cinematic or other equipment. Each of Motown's 

small unmanned aircraft are designed to primarily hover in place and operate at less than a 

50 knot maximum speed. They are capable of vertical and horizontal operations but operate only within the 

line of sight of the remote control pilot. Motown operations include both pilot and photographer thus 

allowing the pilot to act as PIC and focus attention completely on piloting the UA V. The pilot has it's one 

control mechanism a unique back up camera as an emergency aid to navigation. All pilot operations are strictly 

visual line of site. In addition to the remote control pilot, Motown uses a photographer with a secondary 

control mechanism. The photographer manages the primary cinema camera. A third operator, our Safety 

Officer is also always on site. All Motown flights are managed by a 3 person 

crew at all times. 

Utilizing battery power, flights generally last between five and twenty minutes. Motown does not 

operate its UASs with less than twenty five percent battery capaclty. Safety systems in place include a GPS 

mode that allows Motown's UASs to hover in place if communication with the radio control pilot is 

lost and then slowly descend the UAS at twenty five percent battery capacity. Further, Motown's fleet 

may be programmed, in some instances, to slowly follow a predetermined set of waypoints to return to a 

safety point if communications are lost. 

Motown does not operate its UASs near airports and never in Class B, C, or D airspace and 

generally does not operate them near populated areas. To date, Motown has only operated its fleet in a 

non commercial manner in compliance with all FAA regulations. Motown has not engaged in any commercial 

operations. These operations have been in predetermined areas and only in compliance with well regarded 

safety protocols and under the direction of those with years of non commercial UA V and model aircraft 

experience. 

Motown's operation of its fleet of small unmanned aircraft will not "create a hazard to users of the 

national airspace system or the public." 112 P.L. 95 § 333 (b). Given the small size and weight of 
,. 

U.S. Dep't of Transp. 

June 16, 2014 

Page 4 of7 

Motown's UASs, combined with their operation in cordoned off and well-controlled areas, Motown's fleet 

falls within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding 

directive to integrate UASs into the national airspace system. Indeed, Motown's UASs have a 

demonstrable safety record and do not pose any threat to the general public or national security. 

4. How Motown's Request Will Benefit the Public As A Whole: 

Granting Motown's exemption request furthers the public interest. Motown intends to produce 

video content promoting the Southeastern Michigan region and potentially other regions that are facing 

catastrophic economic conditions. Cinema quality video provides a unique perspective and tool that will aid in 

the region's community based, municipal, and commercial organizations in promoting much-needed business 

development. 

Additionally, Congress has already pronounced that it is in the public's interest to integrate 

commercially flown UASs into the national airspace system, hence the passing of the Reform Act. 

Second, Motown conducts research into safe UAS operations every time it flies one of its UASs. Flight 

data, visual inspections, recorded observations and flight analyses are compiled to further enhance current 

safety protocols. Allowing Motown to log more flight time directly relates to its ability to fmiher 

enhance current safety measures. Third, the public has an interest in reducing the danger and 

emission associated with current aerial cinematic capture methods, namely, full size helicopters. 

Motown's UASs are battery powered and create no emissions. If a Motown UAS crashes there is no 

fuel to ignite and explode. The impact of Motown's lightweight UASs is far less than a full size 

helicopter, notwithstanding the statistically noteworthy safety record of full size helicopters used in 

motion picture and video capture. The public's interest is furthered by minimizing ecological and crash 

impacts by permitting motion picture and video capture through Motown's lightweight UASs. 

Progression of the arts and sciences has been fundamental to our society since its inclusion in the 

United States Constitution. Indeed, Congress mandated the integration of UASs into our national 

airspace system, in part, to achieve progression in this noteworthy, and inevitable, field. Permitting 

Motown to immediately fly within the United States furthers these goals. Whether it is the amalgam of 

scientific discoveries applicable to feature film making (including those drawing upon architecture, 

physics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or 

advancements in equipment available to law enforcement personnel I first responders that does not cost 

millions of dollars, granting Motown's exemption request substantially furthers the public's interest in 

ways known and currently unknown. 

5. Reasons Why Motown's Exemption Will Not Adversely Affect Safety or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

Motown's exemption will not adversely affect safety. Quite the contrary, for the reasons stated, 

supra, permitting Motown to log more flight time in FAA controlled airspace will allow Motown to innovate 

and implement new and novel, as of yet undiscovered safety protocols. In addition, Motown submits 

the following representations of our current aerial video and cinimatic capture techniques: 

Motown's UASs weigh less than 25 pounds complete with HD picture quality 

cameras like the Blackmagic Design Cinema Camera; 

• Motown only operates its U ASs below 400 feet; 

Motown's UASs only operate for 5-20 minutes per fiight; 

Motown lands its UASs when they reach 25% battery power; 

Motown's PIC's are FAA licensed private pilots with valid 3rd class medical certificates; 
U.S. Dep't ofTransp. 

June 16, 2014 

Page 5 of7 

• Motown's PIC's operate Motown's UASs only by line of sight; 

Motown's PIC's have video backup should they somehow lose sight ofthe UAS; 

• Motown staffs each flight with a PIC, photographer, and safety officer with 

communication systems enabling real time communication between them; 

Motown's UASs have GPS flight modes whereby they hover and then slowly land if 

communication with PIC mechanism is lost or battery power is below 25%; 

Motown actively analyses electronic flight data and other sources of information to 

constantly update and enhance safety protocols; 

Motown's CEO is a FAA licensed private pilot and conducts a regimented training 

program with the assistance ofUA V/Model aircraft experts with decades of experience; 

Motown only operates in quarantined areas that are outside of Class B, C, and D airspace, 

are at least 2 miles away from airports in other airspace; 

• Motown conducts extensive briefings prior to flight, during which safety carries 

primary importance with all flights conducted under the suppervison of an on site safety 

officer; 

Motown always obtains all necessary permissions prior to operation; and, 

Motown has procedures in place to abort flights in the event of safety breaches or 

potential danger. 

Motown's safety protocols provide a level of safety at least equal to existing rules, and in nearly 

every instance, greater than existing rules. It is important to note that absent the integration of 

commercial UASs into our national airspace system, helicopters are the primary means of aerial motion 

picture capture. While the safety record of such helicopters is remarkably astounding, it is far safer to 

operate a battery powered lightweight UAS. First, the potential loss of life is diminished because UASs 

carry no people on board and Motown only operates them in specific areas away from mass populations. 

Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. 

Third, the small size and extreme maneuverability of Motown's UASs allow our remote control pilots to 

avoid hazards. Lastly, given their small size and weight, even when close enough to capture amazing 

images, Motown's UASs need not be so close to the objects they are focused on. 

6. A Summary The FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size, weight 

and enclosed operational area of Motown's UASs permits exemption from Part 21 because Motown's 

UASs meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. 

§ 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt 

UASs from the airworthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. Motown's UASs meet or 

exceed each of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the F ARs, this Regulation is inapplicable. 
U.S. Dep't of Transp. 

June 16, 2014 

Page 6 of7 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or 

passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Motown's UASs utilize 

electronic global positioning systems and internal gyroscopes to provide spatial coordination. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level of safety 

will be achieved by maintaining such certifications and registrations at the Motown's flight operations 

center. 

B. 14 C.F.R. § 45.23: Marking ofthe Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. Motown's UASs are, by definition, unmanned. They therefore do not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to 

place on such small aircraft. Regardless, Motown will mark its UASs in the largest possible lettering by 

placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29 (f) so that the 

pilot, technician, spotter and others working with the UA V will see the markings. The FAA has 

previously issued exemptions to this r~gulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. Motown can achieve an equivalent level of safety as achieved by current Regulations 

because Motown's UASs do not carry any pilots or passengers. Further, while helpful, a pilot license 

will not ensure remote control piloting skills, though Motown's pilot vetting and training programs will. 

Further, private pilot licensees with demonstrated knowledge ofthe National Airspace System will operate 

Motown's UASs with the same skill. Further, the risks attendant to the operation of Motown's UASs 

is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et ~­

Thus, allowing Motown to operate its UASs with a private pilot as the pilot in control will exceed current 

safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. Motown's UASs will never operate at 

an altitude greater than 400 AGL. Motown will, however, operate its UASs in cordoned off areas with 

security perimeters, providing a level of safety at least equivalent to those in relation to minimum safe 

altitudes. Given the size, weight, maneuverability and speed of Motown's UASs, an equivalent level of 

safety will be achieved. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

The above-cited Regulations require, among other things, aircraft owners and operators to 

"have [the] 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 
U.S. Dep't ofTransp. 

June 16, 2014 

Page7of7 

prescribed in part 43 of this chapter .... " 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to Motown should its requested exemption be granted. Motown conducts an extensive 

maintenance program that involves regular software updates and curative measures for any damaged 

hardware. Therefore, an equivalent level of safety will be achieved. This is particularly true insofar as 

Motown has researched and developed its own designs. 

F. Summary 

Motown seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 

45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 

91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. 

§§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(l); 14 C.F.R. § 91.409 (a)(2); 14 

C.F.R. § 91.409 (a)(2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate its fleet of small 

unmanned vehicles and lightweight unmanned aircraft vehicles in motion picture or television operations, 

to conduct its own research and to develop economic platforms for law enforcement I first responders. 

Granting Motown's request for exemption will reduce current risk levels and thereby enhance 

safety. Currently, video and motion picture image capture relies primarily on the use of larger 

aircraft running on combustible fuel. Motown's craft do not contain potentially explosive fuel, are 

smaller, lighter and more maneuverable than conventional motion picture aircraft. Further, Motown 

operates at lower altitudes and in controlled areas. Motown has been analyzing flight data and other 

information in compiling novel safety protocols and the implementation of a flight operations manual 

that exceeds currently accepted means and methods of safe flight. 

There are no people on board Motown's UASs and therefore the likelihood of death or serious 

bodily injury is significantly limited. Motown's operation of its UASs, weighting less than 25 pounds 

and travelling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent level 

of safety as that achieved under current F ARs. 

Accordingly, Motown respectfully requests that the FAA grant its exemption request without 

delay.