MERGE LIVE 

Video Production 

201 Legato Drive 

Walled Lake MI, 48390 

January 26, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: MERGE LIVE, LLC'S, REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TiTLE 14 OF THE 

CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) &(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) &(a)(2), AND 91.417(a) &(b) CONCERNING COMMERCIAL OPERATION OF DJi 

Phantom UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95) 

Proposed Aircraft: DJI Phantom 2 Vision Plus 

Petitioner's Name and Address: MERGE LIVE LLC (Principal-Kenneth Miiburn), 201 Legato Drive, Walled 

Lake MI, 48390 

Proposed Uses: Videography & Photography production for Corporate, Commercial, Public, 

Governmental and Business clients. 

1. Summary. 

Pursuant to Section 333(a) through (c) ("Section 333") of the FAA Modernization and Reform Act of 2012 

("Reform Act")1 and the Federal Aviation Administrations' ("FAA") general exemption authority under 

49 U.S.C. §44701(f), MERGE LIVE, LLC ("Petitioner") petitions for exemption from 14 Code of Federal 

Regulations("CFR") sections: 61.113(a) &(b), 61.133(a), 91.7(a), 91.9 (b)(2), 91.103(b)(1), 91.119 (c), 

91.121, 91.151, 91.203(a) &(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) &(b). The proposed 

exemptions, if granted, would allow Petitioner to operate small unmanned aircraft systems ("UAS") 

weighing 55 pounds or less for the purpose of closed-set filming of motion pictures, music videos, web 

videos, corporate videos, television programs and commercials, still photography, short range 

inspection, mapping and survey. Additionally the collection of agriculture and conservation supporting 

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scientific data in FAA approved COE's. Based on the small size of Petitioner's UAS, the qualifications and 

experience of Petitioner's UAS operator, and the restricted, sterile environment within which Petitioner 

will operate, the requested exemptions fall squarely within the zone of safety envisioned by Congress 

and set forth in Section 333. Additionally, the enhanced safety achieved by replacing significantly larger 

manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew and 

operated under the specific guidelines and procedures proposed by Petitioner gives the FAA good cause 

to find that the UAS operations enabled by this petition are in the public interest. Moreover, the 

requested exemptions are similar in all material aspects to the requests for which exemptions have 

been previously granted, e.g., Exemption Nos. 11289, 11062, 11109, 11112, and 11213. Thus, the 

requested exemptions should be granted. 

II. Identity of Petitioner. 

MERGE LIVE is a iimited liability corporation managed by Kenneth Milburn. MERGE LIVE became a 

limited liability corporation in 2012 in the business field of Videography and Photography. Kenneth 

Milburn has been a Professional Videographer since 1989 and also a Private Pilot since 1989. 

111. Statutory Authority for Exemptions. 

The Administrator of the Federal Aviation Administration ("FAA") possesses both general and specific 

authority to grant the requested exemption. First, the FAA Administrator may exempt an operator from 

FAA safety regulations and minimum standards when the Administrator concludes that the exemption is 

in the public interest. See 49 U.S.C. §§ 106(f), 40113, 44701(±) (permitting exemptions from§§ 44701(a), 

(b) and§§ 44702-44716, et seq.). A party requesting an exemption must explain why the exemption: (1) 

would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a 

level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption). 

Second, Section 333 of the Reform Act specifically authorizes the FAA Administrator to grant exemptions 

for operation of UAS. Indeed, the Reform Act directs the Administrator to (1) undertake formal rulemaking to speed up the integration of UAS into the national airspace ("NAS") but in the meanwhile, (2) 

to permit unmanned aircraft systems to operate in the NAS if doing is in the public interest, does not 

pose a threat to national security, and does not create a hazard to users of the NAS, taking into 

consideration the following: 

• The UAS's size, weight, speed, and operational capability; 

• How close the UAS would operate to airports and populated areas; 

• That the operator would keep the UAS in his direct, visual line of sight. Thus, the FAA has full authority 

to grant the requested exemptions. 

IV. Specific Regulations for Which an Exemption is Sought. 

Petitioner requests exemptions from the following regulations: 

Section 61.113 prescribes that "no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft," (see Section 61.113(a)), and 

that "a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection 

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with any business or employment if: (1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire," (see Section 

61.113(b)). 

Section 61.133(a) sets forth privileges for persons hoiding commercial pilot certificates, including a 

provision impliedly limiting to persons holding a commercial pilot certificate the ability to act as pilot in 

command of an aircraft "[f]or compensation or hire." 

Section 91.103(b)(1) prescribes, in pertinent part, that each pilot in command shall, before beginning a 

flight, become familiar with all available information concerning that flight, to include, "For any flight, 

runway lengths at airports of intended October 1, 2014 use, and the following takeoff and landing 

distance information:... For civil aircraft for which an approved Airplane or 5 Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing distance data contained 

therein." 

Section 91.119(c) prescribes that, except when necessary for takeoff or landing, no person may operate 

an aircraft below the following altitudes: "Over other than congested areas. An altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure." 

Section 91.121 requires, in pertinent part, 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." 

Section 91.151(a) prescribes that no person may begin 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. 

Section 91.203 prohibits, in subpart (a), any person from operating a civil aircraft unless it has within it 

(1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate 

issued to its owner or, for operation within the United States, the second copy of the Aircraft 

Registration Application as provided for in October 1, § 47.31(c). Section 91.203 prescribes, in subpart 

(b), that no person may operate a civil aircraft unless the airworthiness certificate 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. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have the aircraft 

inspected as prescribed in subpart E of the same part and shall, between required inspections, except as 

provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in Part 43 of 

the chapter. 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventative maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under § 43.7 of the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within 

the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter. 

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Sections 91.417(a) and (b) prescribe, in pertinent part, that-(a) Each registered owner or operator shall 

keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the 

maintenance, preventative maintenance, and alteration and records of the 100-hour, annual, 

progressive, and other required or approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include 

Petition (i) A description (or reference to data acceptable to the Administrator) of the work performed; 

and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of 

the person approving the aircraft for return to service. (2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current 

status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since 

last overhaul of all items installed on the aircraft which are required to be overhauled on a specified 

time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained. (v) The 

current status of applicable airworthiness directives (AD) and safety directives including, for each, the 

method of compliance, the AD or safety directive number and revisions date. If the AD or safety 

directive involves recurring action, the time and date when the next action is required. (vi) Copies of the 

forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently 

installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following 

records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or for 1 year after the work is 

performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or 

operator under § 43.11 of this chapter shall be retained until the defects are repaired andthe aircraft is 

approved for return to service. 

V. Petitioner's Proposed Operations Satisfy Section 333. 

A. Unmanned Aircraft System 

The UAS to be operated under this request are less than 55 Ibs. fully loaded, will be operated at a speed 

of no more than 87 knots (See, e.g., Exemption No. 11289 (Bird's Eye Solutions), p. 3, Condition ("C.") 3), 

carry neither a pilot nor passenger, carry no explosive materials or flammable liquids, and operate 

exclusively within a secured area. UAS use a radio frequency spectrum for operation and control that 

complies with Federal Communications Commission ("FCC") requirements, and Petitioner has integrated 

safety features into the UAS Petitioner's UAS are equipped with redundant safety mechanisms allowing 

them to operate safely after experiencing certain in-flight failures. If a lost-link event occurs, including 

the loss of ground communications and/or the loss of a GPS signal, Petitioner's UAS have the ability to 

perform a pre-coordinated, predictable, automated flight maneuver and return to a predetermined 

location within a designated security perimeter for landing. The UAS further have the ability to abort a 

flight in the event of unpredicted obstacles or emergencies. AII flights will be terminated after a 

maximum of 30 minutes or with 25% remaining battery power, whichever occurs first. Thus, good cause 

exists for granting Petitioner's requested relief from 14 C.F.R. § 91.151(a) (setting forth fuel 

requirements for flight in VFR conditions). Petitioner's UAS will be identified by serial number, registered 

in accordance with 14 C.F.R. Part 47, and have identification (N-Number) markings in accordance with 

14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable. Regarding Petitioner's requested 

relief from 14 C.F.R. § 91.121(Altimeter Settings), Petitioner seeks such relief because Petitioner will not 

have a typical barometric altimeter onboard the UAS. Instead, altitude information will be provided to 

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the UAS PIC via a digitally encoded telemetric data feed, which downlinks from the aircraft to a groundbased on-screen display. The altitude information will be generated by equipment installed onboard the 

UAS, using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any 

combination thereof. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by the UAS PIC. Thus, good cause exists for granting the requested relief from 14 

C.F.R. § 91.121. Given the size, weight, speed, and limited operating area associated with the aircraft to 

be utilized by the applicant, an exemption from 14 C.F.R. Part 21, Subpart H(Airworthiness Certificates), 

subject to certain conditions and limitations, is warranted (if necessary) and meets the requirements for 

an equivalent level of safety under 14 C.F.R. Part 11 and Section 333. The UAS operated without an 

airworthiness certificate in the restricted environment and under the conditions and limitations 

proposed by Petitioner will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate issued under 14 C.F.R. Part 21, Subpart H, and not 

subject to the proposed limitations and conditions. Petitioner will strictly comply with safety and 

maintenance procedures included in all applicable UAS manufacturer's instructions and operating 

manuals. To the extent such information is not included in the guidelines developed by the 

manufacturers, Petitioners will develop and document maintenance, overhaul, replacement, and 

inspection requirements, procedures to document and maintain maintenance records with regard to 

Petitioner's UAS, and UAS technician qualification criteria. Petitioner's operations manuals will include 

maintenance requirements for Petitioner's UAS, including "on- condition" maintenance and 

modifications. In light of these mitigating factors, exemptions from 14 C.F.R. §§ 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b) are warranted. 

B. UAS Pilot in Command 

Petitioner's UAS pilot in command (PIC) shall hold a private pilot certificate, and valid driver's license to 

satisfy the medical requirement. According to the FAA, "the FAA considers the overriding safety factor 

for the limited operations proposed by the petitioner to be the airmanship skills acquired through UASspecific flight cycles, flight time, and specific make and model experience, culminating in verification 

through testing." See Exemption No. 11062, Regulatory Docket No. FAA-2014-0352, at p. 18. With those 

factors in mind, Petitioner's UAS PIC shall be required to meet several conditions and limitations, 

including the following: 

• The UAS PIC will have accumulated and logged a minimum of 200 flight cycles and 25 hours of total 

time as a UAS pilot and at least 10 hours logged as a UAS pilot with a similar UAS type (single blade or 

multi-rotor). 

• The UAS PIC will have accumulated and logged a minimum of five hours of flight time with the specific 

make and rnodel of the UAS to be utilized for operations under the exemption and three take-offs and 

landings in the preceding 90 days. 

• The UAS PIC will have successfully completed the qualification process as specified in the operations 

manuals, to include a knowledge and skill test. 

• Further, MERGE LIVE, LLC submits that all fiights of the DJI Phantom 2 UAS, conducted by the PIC 

pursuant to the grant of this Petition: (1) will be incidental to MERGE LIVE's business; and (2) will not 

carry passengers or property for compensation or hire. 

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Regarding Petitioner's requested relief from 14 C.F.R. § 91.7(a), it is Petitioner's understanding that 

Petitioner's UAS will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H, and that exemption from 14 C.F.R. § 91.7(a) is therefore unnecessary. To the extent such an 

exemption is deemed necessary; Petitioner asserts that it should be granted in light of the safety 

procedures proposed herein. In accordance with the pertinent part of 14 C.F.R. § 91.7(b), the operator 

command of Petitioner's UAS shall be responsible for determining whether the aircraft is in a safe 

condition for flight. Petitioner's manuals for maintenance and operations shall include safety checklists 

to be used by the operator in command prior to each flight. Regarding Petitioner's requested relief from 

14 C.F.R. § 91.9(b)(2) (Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) 

and (b), (Civil aircraft: certifications required), it is Petitioner's understanding that relief from these 

regulations is no longer necessary in light of the FAA Memorandum "Interpretation regarding whether 

certain required documents may be kept at an unmanned aircraft's control station," dated August 8, 

2014. To the extent the FAA deems an exemption from this section necessary for Petitioner's proposed 

operations, such exemption should be granted in light of the mitigating fact that Petitioner will maintain 

the documents required under 14 C.F.R. §§ 91.9 and 91.203 at the UAS ground control station during 

flights. Regarding Petitioner's requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply with 

the other applicable procedures and requirements stated in § 91.103(a) and (b). Specifically, the PIC will 

take all actions including reviewing weather, flight battery requirements, aircraft performance data, and 

landing and takeoff distances before initiation of a flight. The PIC will also account for all relevant sitespecific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the 

PIC's and VO's ability to see other air traffic and initiate a return-to-home sequence if needed. 

C. Operating Parameters of Petitioner's UAS 

Petitioner's UAS operations will be conducted within a sterile environment of closed- set filming. ln this 

controlled environment, Petitioner's operations will remain within VLOS of the PIC, below 400 feet AGL, 

and at speeds below 87 knots. See Exemption No. 11289, p. 3, C. 3, 4) Only participating persons will be 

permitted within the operating area. Consistent with the relief typically provided to manned operations 

under FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Petitioner requests relief from 14 C.F.R. § 

91.119(c) with respect to those participating persons, vehicles, and structures directly involved in the 

performance of the actual filming. Regarding distance from participating persons, the operations 

manuals set forth safety factors for authorized and consenting production personnel. Because those 

procedures are specific to participating persons, no further FSDO or aviation safety inspector approval is 

necessary for reductions to the distances specified in Petitioner's manuals. Regarding the distance from 

nonparticipating persons, Petitioner will ensure that no persons are allowed within 500 feet of the 

operating area except those consenting to be involved and necessary for the filming production, with 

the possibility of reducing this distance to no less than 200 feet if it would not adversely affect safety 

and the Administrator has approved it. This is consistent with FAA Order 8900.1, V3, C8, S1. Petitioner 

will not conduct UAS operations within 5 nautical miles of the geographic center of a nontowered 

airport unless a letter of agreement with that airport's management is obtained and the operation is 

conducted in accordance with a Notice to Airmen ("NOTAM"). Additionally, Petitioner will not operate in 

Class B, C, or D 13 airspace without written approval from the FAA. Nor will Petitioner operate the UAS 

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. Petitioner's UAS will remain clear and yield the right of way to all manned 

operations and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, and hang gliders). Although Petitioner seeks to comply with the waiver 

process as described in FAA Order 8900.1, Volume 3, Chapter 8, Section 1(Issue a Certificate of Waiver 

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for Motion Picture and Television Filming), the current section of Order 8900.1 has specific processes 

that preclude a jurisdictional FAA FSDO from issuing the required Certificate of Waiver, because the 

section did not originally provide for UAS operations. Thus, Petitioner seeks exemption from the 

applicable regulations normally waived during that process. Petitioner proposes that the FAA include the 

required notifications and coordination with jurisdictional FSDOs through the conditions and limitations 

accompanying the requested exemption, and that the exemption sought herein will take the place of 

the Certificate of Waiver normally issued by a jurisdictional FSDO under 8900.1. Under this rubric, 

Petitioner will notify every FSDO with jurisdiction over the area that Petitioner plans to operate, just as 

with manned filming operations, and those FSDOs will have the ability to coordinate further conditions 

and limitations with the UAS Integration Office to address any local concerns. Petitioner will obtain an 

Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization ("COA") prior to 

conducting any operations under this grant of exemption. In fulfilling its requirements under the COA, 

Petitioner will be required to request a NOTAM not more than 72 hours in advance, but not less than 48 

hours prior to the operation. 

D. The Requested Exemption Promotes the Public Interest 

The enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and 

flammable fuel with small UAS carrying no passengers or crew and operated under the specific 

guidelines and procedures proposed by Petitioner gives the FAA good cause to find that the UAS 

operations enabled by the instant Petition are in the public interest. Moreover, as the FAA has already 

recognized, "UAS provide an additional tool for the filmmaking industry, Agriculture and Conservation 

adding a greater degree of flexibility, which supplements the current capabilities offered by manned 

aircraft." See Exemption No. 11062, Regulatory Docket No. FAA-2014-0352, at p. 22. 

AII flights will occur over private or controlled access property with the property owner's prior consent 

and knowledge. Filming will be of people who have also consented to being filmed or otherwise have 

agreed to be in the area where filming will take place. 

VII. Conclusion 

For the reasons explained above, the regulatory exemptions requests should be granted, and Petitioner 

should be permitted to conduct small UAS operations for the purpose of closed-set filming of motion 

pictures, music videos, web videos, corporate videos, television programs and commercials, still 

photography, short range inspection, mapping and survey. Additionally, the collection of agriculture and 

conservation supporting scientific data in FAA approved COE's DJI Phantom 2 Vision Plus. 

Respectfully submitted, 

MERGE , LC 

.^- 

Kenneth Milburn 

Principle 

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Flight Restrictions 

(1) No flight will be made with a UA Gross weight exceeding 55 pounds; 

(2) AII operations must occur in FAA approved airspace at no more than 400' AGL, at an airspeed of no 

more than 87 knots and no further than 3/4 NM from the PIC; 

(3) AII operations must be within visual line of sight (VLOS); 

(4) Operations will be restricted to flights over private property with the permission of the property 

owner; 

(5) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a 

minimum of 200 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; 

(6) AII required permits will be obtained from state and local government prior to operation; 

(7) The UA will not be operated over densely populated areas; 

(8) The UA will not be operated at air shows; 

(9) The UA will not be operated over any open-air assembly of people; 

(10) The UA will not be operated over heavily trafficked roads; 

(11) The UA will not be operated within 5 NM of an airport or heliport without written permission 

Airport Manager. 

(12) Operations will be restricted to day only and weather conditions equivalent to VFR; 

(13) The PIC will brief the property owner about the operation and risk before the first flight at each new 

location; 

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