February	5,	2016

U.S	Department	of	Transportation

Docket	Management	System

West	Building,	Ground	Floor,	Room	w12-140

1200	New	Jersey	Ave,	SE

Washington,	D.C.	20590

RE:	Exemption	request	pursuant	to	Section33	of	the	FAA	Reform	act	and	the	

sections	of	14	CFR	as	follows:	91.7(a),	91.103,	91.119(c),	91.121,	91.151(a),	

91.405(a),	91.407(a)(1),	91.409(a)(1)&(2),	91.417(a)	&	(b)

Dear	Sir	or	Madam,

Mega	Media	Factory	is	a	production	company	providing	commercial	services	to	

individuals	and	businesses	in	the	form	of	photography,	videography,	graphic	design	

and	web	design.		As	with	this	type	of	production,	low	level	aerial	imagining	has	

become	a	necessary	tool	to	remain	competitive	in	my	business.		The	recent	availably	

of	inexpensive	unmanned	aircraft	systems	(UAS)	as	made	the	ability	to	offer	aerial	

imagining	economically	viable	for	small	businesses	like	Mega	Media	Factory.		It	is	

because	of	this,	I	am	requesting	the	FAA	provide	the	exemption	appropriate	for	us	

to	provide	safe,	affordable	and	industry-leading	aerial	imaging	to	our	clients.		We	

petition	to	perform	aerial	videography,	photography	and	cinematography	for:	

education,	real	estate,	construction	firms,	agricultural	modeling,	crop	

monitoring	operations,	mapping,	special	and	promotional	events,	business	

advertising	and	marketing,	geological	surveying,	environmental	studies	and	

residential	inspections.

We	are	submitting	this	petition	on	our	own,	without	the	aid	of	legal	council.

Although	these	UAS’s	are	an	affordable	way	to	offer	aerial	imaging,	they	represent	a	

significant	investment	for	a	small	business	and	if	lost	or	damaged	for	any	reason,	

and	such	loss	not	only	affects	our	ability	to	sell	services,	but	also	represents	a	large	

expense	for	replacement	or	repair,	plus	a	delay	in	services	to	our	clients.		It	is	very	

much	in	our	best	interest	to	operate	with	the	upmost	safety	at	all	times.		We	will	not	

fly	in	any	conditions	that	represent	unnecessary	risk	to	ourselves,	our	property	the	

property	of	our	clients	and/or	the	small	UAS.

Further,	customers	expect	our	services	to	be	completely	free	of	any	risk,	as	our	

business	relies	on	our	reputation	for	quality,	timeliness	and	safety.		During	our	

recreational	flights,	we	always	conduct	pre-flight	inspection	and	calibration	to	

ensure	not	only	the	UAS	is	prepared	for	flight	mechanically,	but	also	that	all	of	it’s	

safety	and	flight	control	systems	are	operative,	that	it	has	sufficient	power	reserves	

to	perform	the	task	with	ample	reserves	for	safe	return,	and	that	it’s	fail-safe	

“Return	to	home”	feature	is	activated.
My	objects	are	two	fold.		One,	to	demonstrate	conscientious	attention	to	the	details	

of	safety	in	full	view	of	the	customer,	and	two,	to	set	an	example	of	such	behavior	for	

others	like	our	company,	by	establishing	such	expectation	in	the	mind	of	the	

customer.

In	all	of	the	flights	we	have	conducted,	there	has	never	been	a	single	incident	of	loss	

of	control	or	crashes	of	any	kind.		We	believe	attention	to	detail	of	safe	flight	are	the	

reason	behind	our	spotless	reputation.

Therefore,	pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	

2012	(FMRA),	I	am	applying	for	an	exemption	from	the	Federal	Aviation	Regulations	

(FARs)	to	allow	commercial	operation	of	my	UAS,	A	DJI	Phantom	3	Pro,	and	DJI	

Inspire	1	Pro	under	the	conditions	described	in	this	request,	and	any	others	that	

may	come	from	you	as	a	result	of	being	granted	the	exemption.		

Name	and	Address	of	Applicant

Mega	Media	Factory,	LLC

James E. Stewart	Jr.

2820	West	21st	Street

Erie,	PA	16506

Office:	(814)	314-8887	

Mobile:	(412)	596-2619

Email:		Jamey@MegaMediaFactory.com

Regulations	From	Which	Exemption	is	Requested

91.7(a),	91.103,	91.119(c),	91.121,	91.151(a),	91.405(a),	91.407(a)(1),	

91.409(a)(1)&(2),	91.417(a)	&	(b)

The	Extent	of	Relief	and	the	Reason	we	Seek	Relief

By	submitting	this	application	in	accordance	with	the	Reform	Act,	112	P.L.	95	§§	

331-334,	seeking	relief	from	any	currently	applicable	FARs	that	would	prevent	us	

from	commercially	operating	our	UAS	within	the	national	airspace	system.		The	

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

systems	into	our	national	airspace	system	as	it	is	the	public’s	interest	to	do	so.		Our	

very	light	weight	UAS	meets	the	definition	of	“Small	unmanned	aircraft”	as	defined	

in	Section	331	and	therefore	the	integration	of	our	UAS	is	expressly	contemplated	

by	the	Reform	Act.		The	Reform	Act	guides	the	Secretary	in	determining	the	types	of	

UAS’s	that	may	operate	safely	in	our	national	airspace	system.		Considerations	

include:	The	weight,	size,	speed	and	overall	capabilities	of	the	UAS’s;	Whether	the	

UAS	will	be	operated	near	airports	or	heavily	populated	areas;	and,	whether	the	

UAS	will	be	operated	by	line	of	sight.		112	P.L	95	§	333	(a).		Each	of	these	items	is	

consistent	with	an	exemption	for	us.		Our	UAS	has	four	(4)	counter-rotating,	self	

locking	propellers	for	balance,	control	and	stability.		It	is	equipped	with	GPS,	inertial	

compass,	and	auto	return	safety	technology,	in	the	event	of	depleted	power	reserves	

or	loss	of	control	signal.		It	weighs	less	than	10	(10)	pounds	(far	below	the	

maximum	55	pound	limit)	and	carries	no	deliverable	payload.		
Our	UAS’s	carries	the	latest	factory	provided	control	algorithms,	which	include	

prohibition	from	operation	at	more	than	400	feet	AGL	(or	user	defined	below	400	ft	

AGL),	or	operating	near	any	Class	A	or	B	airport.		It	has	a	maximum	speed	of	40	

miles	pr	hour.

Finally,	I	am	seeking	relief	similar	to,	and	in	now	way	exceeding	the	relief	granted	in	

Exemptions	No	11062,	11109,	11112,	and	11213,	among	others,	since	we	submit	

the	relief	we	request	is	similar	in	all	other	material	respects	to	those.

	How	Our	Request	Would	Benefit	the	Public	as	a	Whole

The	public	would	benefit	in	a	number	of	ways.

First,	aerial	photography	provides	a	unique	viewing	experience,	previously	only	

available	at	great	costs	to	the	public.		Using	a	UAS	for	the	same	purpose	offers	a	

similar	enhanced	view	for	dramatically	less	cost,	enabling	many	more	people	to	

enjoy	such	enhanced	viewing	for	both	leisure	and	business	use.

Second,	conventional	methods,	using	manned	aircraft	such	as	helicopters,	represent	

significant	noise	and	disruption	to	the	surrounding	environment	and	residents.		

UASs,	by	comparison	are	virtually	silent.		

Third	conventional	manned	aircraft	are	limited	to	an	altitude	floor	of	500	feet,	

limiting	the	quality	and	resolution	of	the	images	without	significant	further	

investment	in	sophisticated	camera	equipment,	again	limiting	it’s	widespread	

accessibility	to	the	public.

Fourth,	our	UAS’s	are	battery	powered	and	use	an	infinitely	less	amount	of	power	

for	the	typical	photographic	mission.		Energy	consumption,	carbon	footprint,	and	

pollution	are	virtually	non-existent	compared	to	the	same	mission	performed	by	a	

conventional	manned	aircraft.		Further,	a	UAS	takes	off	and	lands	directly	at	the	

point	of	use,	rather	than	from	a	distant	airport,	which	only	increases	the	

consumption	of	fossil	fuel,	carbon	footprint,	and	pollution	problem.

Fifth,	this	new	technology	allows	for	the	many	more	applications	thus	enhancing	the	

earning	power	of	those	in	the	profession,	attracting	more	into	the	profession,	

thereby	enhancing	the	national	economy,	with	no	adverse	effects	on	the	

environment.

Finally,	while	both	communities	(manned	aircraft	and	UASs)	operate	with	safety	as	

a	first	priority,	accidents	involving	manned	aircraft	are	orders	of	magnitude	more	

serious	in	terms	of	human	risk,	property	damage	and	collateral	damage.		The	

primary	risk	in	a	UAS	accident	is	loss	of	the	aircraft.		Due	to	their	small	size,	

lightweight,	absence	of	any	combustible	fuel,	and	slow	speed,	they	are	simply	

incapable	of	causing	the	kind	of	damage	a	manned	aircraft	can.		This	significant	
reduction	in	risk	while	proving	enhanced	quality	of	life	is	of	significant	benefit	to	the	

public.

Reasons	why	the	exemption	would	not	adversely	affect	safety,	or	how	the	

exemption	would	provide	a	level	of	safety	at	least	equal	to	the	existing	rule.

Safety	is	of	upmost	importance,	and	any	Pilot	In	charge	of	our	UAS	will	hold	the	

proper	private	pilots	license	or	equivalent,	or	greater.		

Safety	with	regard	to	other	aircraft	is	no	affected	for	the	following	reasons.

First,	our	UAS	(a	DJI	Phantom	3	Pro	and	DJI	Inspire	1	Pro)	is	electronically	limited	to	

a	maximum	altitude	of	400	feet,	AGL,	while	all	other	conventional	aircraft	are	

limited	to	a	minimum	altitude	of	500	feet,	AGL,	providing	a	100	feet	buffer,	

eliminating	the	risk	of	collisions	in	flight.		So	level	of	safety	is	equal	to	current	law.		

In	addition	to	this,	we	limit	our	UAS	flights	to	no	more	than	400	feet,	AGL	,	unless	

approved	by	the	FAA to	provide	additional	level	of	safety	and	buffer.

Second,	built	in	control	algorithms	prohibit	our	UASs	from	flight	near	all	Class	A	&	B	

airports	in	the	NAS,	eliminating	the	risk	of	low	level	collision	during	takeoff	and	

landing.		So,	the	level	of	safety	is	equal	to	current	law.

Third,	We	always	fly	within	clear	line	of	sight,	and	therefore	am	well	aware	of	

people,	obstacles,	vehicles	and	other	obstructions,	and	in	full	control	at	all	times.		In	

addition	we	always	utilize	a	“Visual	Observer”	that	is	not	the	pilot	in	charge.

Safety	with	regard	to	people	and	property	on	the	ground	is	at	least	equal	to	current	

law	for	the	following	reasons.

First,	in	the	event	of	pilot	incapacitation,	the	UAS	stops	and	hovers	in	space	using	it’s	

GPS	lock	to	maintain	position.		It	remains	there	until	a	low	battery	or	loss	of	control	

condition	surfaces.		This	is	safer	than	current	law,	since	pilot	incapacitation	usually	

means	loss	of	control	for	manned	aircraft.

Second,	in	the	event	of	low	battery	charge,	the	UAS	automatically	return	to	it’s	

takeoff	point	without	input	from	the	operator.		We	additionally	program	the	aircraft	

to	fly	to	an	altitude	of	100	ft	AGL	before	returning	to	it’s	point	of	departure,	before	

landing.		Manned	aircraft	to	do	not	have	this	feature.		This	is	clearly	safer	than	

current	law.		

Third,	in	the	event	of	loss	of	Ground	Station	Control	(GSC)	signal,	our	UASs	are	

programmed	to	automatically	return	to	it’s	original	takeoff	point,	unless	control	is	

recovered	by	the	pilot.		Since	manned	aircraft	do	not	posses	this	capability,	safety	is	

at	least	equal	to	current	law.
Regarding	impact	of	an	accident,	the	combination	of	probability	and	consequences	

must	be	considered.		In	the	event	of	a	manned	aircraft	accident,	the	size,	speed	and	

fuel	payload	of	a	conventional	manned	aircraft	are	many	orders	of	magnitude	larger	

than	a	UAS.		So,	there	are	always	serious	consequences	of	an	incident	to	ground	

people,	property,	passengers	and	crew.		All	personnel	on	board	the	aircraft	are	put	

into	mortal	danger.		The	small	size	(Less	than	24	inches),	light	weight	(less	than	ten	

pounds),	relatively	slow	operating	speeds	(less	than	55	MPH),	and	remote	control	

nature	of	an	UAS	renders	any	impact	of	a	crash	trivial	by	comparison.		The	primary	

risk	is	to	the	UAS	itself.		If	the	choice	is	taking	aerial	photos	from	a	manned	aircraft	

or	UAS,	the	UAS	is	therefore	vastly	safer	for	such	work,	and	certainly	no	less	safe	

than	current	law,	and	no	less	safe	than	hobbyist	use	for	similar	purpose.		

The	enablement	of	commercial	use	of	a	UAS	for	the	same	purposes	–	i.e.	aerial	

photography	or	videography	–	as	current	law	permits	for	hobbyist	use	is	in	every	

respect	just	as	safe,	since	all	material	operating	environments,	conditions	and	

procedures	are	the	same.		We	will	not	operate	outside	those	existing	restrictions.		

The	operator	is	simply	receiving	compensation.		

Specific	Section	or	Sections	of	14	CFR	from	which	we	are	seeking	Exemption	

and	reasons:

14	C.F.R	§	91.7	(a)	Civil	aircraft	airworthiness

(a)	No	Person	may	operate	a	civil	aircraft	unless	it	is	in	an	airworthy	

condition.

Since	no	FAA	regulatory	standard	exists	for	determining	airworthiness	of	the	UAS,	

we	request	an	exemption.		We	will	employ	all	calibrations	and	safety	checks	

prescribed	by	the	manufacturer	prior	to	every	flight.

14	C.F.R.	§	91.103:	Preflight	Action

Section	91.103	requires	each	pilot	to	preflight	an	aircraft	before	flight	to	

insure	the	safety	of	flight.

As	FAA	approved	rotorcraft	flight	manuals	will	not	be	used,	an	exemption	is	request.		

However,	an	equivalent	level	of	safety	will	be	provided.		We	will	take	all	actions,	

including	reviewing	weather,	flight,	batter	requirements,	landing	and	takeoff	

distances,	and	aircraft	performance	data	before	commencement	of	flight.

14	C.F.R.	§91.11p	(c):	Minimum	Safe	Altitudes

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.		Section	

91.119	provides,	in	pertinent	part,	that:	“...except	when	necessary	for	takeoff	

or	landing,	no	person	may	operate	an	aircraft	below	the	following	altitudes:	....	

(b)	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.”	

Because	we	request	authority	to	operate	at	altitudes	only	up	to	400	feet	AGL,	we	are	

asking	for	an	exemption	that	is	needed	to	allow	for	such	operations.		
14	C.F.R	§	91.151(a):	fuel	Requirements	for	Flight	in	VFR	Conditions

Section	91.151(a)	prohibits	an	individual	from	beginning:	“a	flight	in	an	

airplane	under	VFR	conditions	unless	(considering	wind	and	forecast	weather	

conditions)	there	is	enough	fuel	to	fly	to	the	first	point	of	intended	landing,	

and,	assuming	normal	cursing	speed	–(1)	during	the	day,	to	fly	after	that	for	at	

least	30	minutes;	or	(2)	at	night,	to	fly	after	that	for	at	least	45	minutes.”

The	batter	powering	the	UAS	provides	approximately	25	minutes	of	powered	flight.		

The	30	minute	reserve	requirement	in	14	CFR	§91.151,	is	outside	it’s	total	flying	

time	capacity.		However,	the	UAS	is	programmed	to	automatically	return	to	it’s	point	

of	departure	when	batter	power	drops	to	a	level	just	sufficient	for	such	return.		

Given	the	UAS	feature	and	the	flight	time	limitations	on	the	UAS,	we	are	requesting	

an	exemption.

14	C.F.R	§	91.203(a)	and	(b):	Carrying	Civil	Aircraft	Certification	and	

Registration.

The	regulation	provides	in	pertinent	part:

(a)	Except	as	provided	in		91.715,	no	person	may	operate	a	civil	aircraft	unless	

it	has	within	it	the	following:	{1}	an	appropriate	and	current	airworthiness	

certificate	(b)	No	person	may	operate	a	civil	aircraft	unless	the	airworthiness	

certificate	required	by	paragraph	(a)	of	this	section	or	a	special	flight	

authorization	issued	under	§91.715	is	displayed	at	the	cabin	or	cockpit	

entrance	so	that	it	is	legible	to	passengers	or	crew.

The	UAS	fully	loaded	weighs	no	more	than	55	lbs	and	is	operated	without	an	on	

board	pilot.		As	such,	there	is	no	ability	or	place	to	carry	certification	and	

registration	documents	or	to	display	them	on	the	UASs.		Nor	are	there	passengers	or	

crew	to	view	them.		We	will	offer	similar	identification	by	keeping	appropriate	

documents	at	the	ground	control	point	to	the	extent	they	are	applicable	to	the	UAS.		

Therefore	we	request	exemption.

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

These	regulations	require	that	an	aircraft	operate	or	owner:	“shall	have	that	

aircraft	inspected	as	prescribed	in	subpart	E	of	this	part	and	shall	between	

required	inspections,	expect	as	provided	in	paragraph	(c)	of	this	section,	have	

discrepancies	repaired	as	prescribed	in	part	43	of	this	chapter...,”	and	others	

shall	inspect	or	maintain	the	aircraft	in	compliance	with	Part	43.

Given	that	the	sections	are	Part	43	apply	only	to	aircraft	with	an	airworthiness	

certificate,	these	sections	will	not	apply	to	the	applicant.		We	will	perform	all	

maintenance	pursuant	to	the	flight	manual	and	operation	handbook.		An	equivalent	

level	of	safety	will	be	achieved	because	these	UAS	are	very	limited	in	size	and	will	

carry	no	deliverable	payload.		If	mechanical	issues	arise	the	UAS	can	land	

immediately	and	will	be	operating	from	no	higher	than	400	feet	AGL.		We	will	

ensure	that	the	UAS	is	in	working	order	prior	to	initiating	flight,	perform	required	

maintenance,	and	keep	a	log	book	of	any	maintenance	performed.		The	operator	is	

the	person	most	familiar	with	the	aircraft	and	best	suited	to	maintain	the	aircraft	in	

an	airworthy	condition	to	provide	the	equivalent	level	of	safety.		An	equivalent	level	
of	safety	will	be	achieved	because	maintenance	and	inspections	will	be	performed	in	

accordance	with	the	UAS	Manufacture’s	Manual,	as	referenced	in	the	Aircraft	

Operations	Manual.		As	provided	in	the	Operations	Manual,	the	operator	will	ensure	

that	the	UAS	is	in	working	order	prior	to	initiating	flight	and	perform	required	

calibration	and	maintenance	needed.

Summary	For	Publication

Mega	Media	Factory	seeks	an	exemption	from	the	following	rules,

91.7(a),	91.103,	91.119(c),	91.121,	91.151(a),	91.405(a),	91.407(a)(1),	

91.409(a)(1)&(2),	91.417(a)	&	(b)

to	operate	commercially	a	small	unmanned	aircraft	system	(UAS)	for	aerial	

videography,	photography	and	cinematography	for:	education,	real	estate,	

construction	firms,	agricultural	modeling,	crop	monitoring	operations,	mapping,	

special	and	promotional	events,	business	advertising	and	marketing,	geological	

surveying,	environmental	studies	and	residential	inspections.		Approval	of	

exemptions	allowing	UAS’s	commercial	operations	in	the	areas	listed	above	will	

enhance	safety	by	reducing	risk.		A	UAS	weighing	fewer	than	55	lbs	and	powered	by	

batteries	eliminates	virtually	all	of	the	risk	given	the	reduced	mass	and	lack	of	

combustible	fuel	carried	on	board	traditional	aircraft	performing	the	same	function.		

The	UAS	will	carry	no	passengers	or	crew	and,	therefore,	will	not	expose	them	to	the	

risks	associated	with	manned	aircraft	flights.		The	operation	of	small	UAS	conducted	

in	the	strict	conditions	outlined	above,	will	provide	an	equivalent	level	of	safety	

supporting	the	grant	of	the	exemptions	requested	herein,	including	exempting	the	

applicant	form	the	requirements	of	Part	21	and	allowing	commercial	operations.		

These	UASs	operate	at	very	slow	speeds,	close	to	the	ground,	as	a	result,	are	far	

safer	than	conventional	operations	conducted	with	conventional	aircraft	operating	

in	close	proximity	to	the	ground	and	people.

Privacy

As	a	photographer	and	videographer,	we	are	already	aware	of	the	need	to	respect	

the	privacy	of	persons,	their	likenesses,	and	private	property.		We	obtain	permission	

in	advance	and	model	releases	where	needed,	for	any	work	involving	private	

property,	and	commercial	use	of	images.

Summary

I	respectfully	submit	that	satisfaction	of	the	criteria	provided	in	Section	333	of	the	

Reform	Act	of	2012	(size,	weight,	speed,	operating	capabilities,	proximity	to	airports	

and	populated	areas	and	operation	within	visual	line	of	sight	and	national	security)	

provide	more	than	adequate	justification	to	grant	us	the	requested	exemption	in	

addition	to	the	public	interst.		If	you	have	any	questions	or	need	additional	

information	or	clarification	of	any	information	contained,	herein,	please	contact	us	

as	follows:
Mega	Media	Factory

James	E.	Stewart	Jr.

2820	West	21st	Street

Erie,	PA	16506

Office:	(814)	314-8887	

Mobile:	(412)	596-2619

Email:		Jamey@MegaMediaFactory.com

I	will	respond	promptly.

Thank	you	very	much.

Best,

James	Stewart

President	–	Mega	Media	Factory,	LLC