May 1, 2015

Exemption No. 11477 Regulatory Docket No. FAA–2015–0272

Mr. Robert Dodd Member PromoMEdia LLC 1388 Luann Lane Tyler, TX 75703

Dear Mr. Dodd:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

By letter dated January 25, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of PromoMEdia LLC (hereinafter pe titioner or operator) for an exemption. The petitioner requested to operat e an unmanned aircraft system (UAS) to conduct aerial photography for industrial, agricultural, motion pi cture, and television industry for scripted closed set filming.

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 S1000.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates . In accordance with the statutory criteria2

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, a nd limited operating area associated with the aircraft and its operation, the S ecretary of Transportation has de termined 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 1 and closed set motion picture and filming. The FAA has issued grants of exemp tion 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 airc raft (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 re questing an exemption, I find that—

 They are similar in all material respects to relief previously re quested 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 situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant 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, Prom oMEdia 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) an d (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection and closed set motion picture and filming. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, et c.), electronic measurement (precision surveying, RF analysis, etc.), chemical measuremen t (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

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

Failure to comply with any of the conditions an d 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 S1000 when weighing less than 55 pounds including payl oad. 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 restricti on. 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 th e 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 PI C 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 pe rmitted during flight operations. The PIC must be designated before the flight and ca nnot transfer his or her designation for the duration of the flight. The PIC must en sure 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 discre pancy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,4

the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d 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 wh ich the FAA granted this exemption, then the operator must petition for an amendmen t 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 aff ect the UAS operation or flight characteristics, e .g., replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions 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 functi onal 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 a nd 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. Th e 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 manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exempti on must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot 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 f light review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles 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 e xperience-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 dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants 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 me teorological conditions (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity 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 ai rport 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 pr ivate or controlled-access property.

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

20. The PIC is prohibited from beginning a f light 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 fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce 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 unde r the terms of the attached COA.6

22. All aircraft operated in accord ance 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 th e 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 wa y 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 pr otect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under su ch 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 struct ures 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 es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/contro ller 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 Sa fety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for th e 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 ove r the area of proposed filming. The 3-day notification may be waived w ith 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 res ponsible for the on-s cene operation of the UAS; d. Make, model, and serial or N

− Number of UAS to be used;

e. Name and certificate number of UAS PI Cs involved in the aerial filming; f. A statement that the operator has obtain ed permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating 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 al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely, /s/ John S. Duncan Director, Flight St andards Service

Enclosures1388 Luann Lane Tyler Texas 75703 O: 903-830-3534 projects@txpromomedia.com 

# FAA Exemption Rulemaking Section 333
Of T he 

# FAA Reform Act and Part 11

DJI S1000 sUAS - 2015

January 25 , 2015 

# PromoMEdia LLCJanuary 25 , 2015

Page One

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Avia tion Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.1 09; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.409 (a) (2); 91.417 (a) & (b)

Dear Mr. Secretary,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, PromoMEdia

. LLC

, a research developer , designer and operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography for industrial, agricultural, motion picture, and television industry for scripted closed set filming, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs (Fixed-wing & Multi-Rotor), so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333

. 1

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sU AS unde r controlled condition s in airspace that i s 1) limited 2 ) predetermined 3 ) controlled a s to acce ss and 4 ) would provide safety enhancement s to the already safe operation s in t he industrial, film, and television production co mmunity presently using co nventional and unmanned aircraft. Approval of thi s exemption would thereby enhance safety and fulfill t he Secretary of Transportation’ s (the FAA Administrator’ s) responsibilitie s to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333 (c) of the Reform Act.

________________________________________________________________ 1 The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8- Issue a Certificate of Waiver for Motion Picture and Television Filming.January 25 , 2015

Page Two

The name and address of the applicant is:

PromoMEdia. LLC Attn: Robert Dodd Phone: 903-830-3534 Email: projects@txpromomedia.com Address: 1388 Luann Ln. Tyler Texas 75703

Regulations from which the exemption is requested:

14 CFR P art 21 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & ( b)January 25 , 2015

Page Three

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the Reform Act. This directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

 The UAS’s size, weight, speed, and operational capability:

 Operation of the UAS in close proximity to airports and populated areas; a nd

 Operation of the UAS within Visual Line of S ight (VLOS) of the Pilot and Observers

.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirem ents for the safe operation of such aircraft in the national airspace system.” Id. § 333 (c) (emphasis added)

.

2

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a

curr ent airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation pr escribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44704; 14 CFR §91.203 (a) (1).

_________________________________________ _______________________ 2 Applicant interprets this provision to place of the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions herein for the safe operation of the UA S, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.January 25 , 2015

Page Four

PromoMEdia sUASs are rotorcraf t (DJI S1000)

, weighing 15 lbs. including sensor payload. They operate their rotorcraft, under normal conditions at a speed of no more than 25mph and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will manually operate only in VLOS and will operate only within the sterile area described in the Confidential: Flight Operations Manual (FOM) attached as Exhibit 1 (hereinafter “the Manual” )

. 3 Adherence to the Manual will insure that the sUAS will “not create a hazard to the national airspace system or the public.” 4

Given the small size and weight of the sUAS involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restricted a reas in which the relevant sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the auth ority contained in the Federal Aviation Act, as amended ; the strong equivalent level of safety, surrounding the proposed operations, and significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for movie and television operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

________________________________________________________________ 3 The Flight Operation Manual is presented as an applicant Confidential document under 14 CFR 11.35 (b) as the entire manual contains proprietary methods and information that the applicant has not and will not share with others. The manual reflects learned experiences, methods, operating conditions, and procedures that are not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

4 Reform Act Section 333 (b)January 25 , 2015

Page Five



### AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. T hese limitations provide for at least an equivalent or even higher level of safety to operations under the cu rrent regulator structure because the proposed operations represent a sa fety enhancement to the already safe movie and television filming operation s conducted with conventional aircraft. These limitations and condition to which AerialWorks agrees to be b ound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated manually within visual line of sight (VLOS) of the Pilot and aircrew (Spotter / Observer, Camera ).

3. Maximum total flight time for each operational flight will be 15 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 15 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elev ated platform from which airborne data collection is planned.

5. Minimum two (2) man crew for each sUAS operation will co nsist of the Pilot and Spotter / Observer. In most cases the third aircrew member will serve as the Camera / Sensor Operator.

6. The sUAS Pilot will be an FAA licensed airman with at least a private pilot’s certificate and third class m edical. The Camera / Sensor Operator and Spotter (Observer) will hold at least a third class medical.

7. The sUAS Pilot will serve as Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualificati ons, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PIC.

8. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual. Section D of the Manual requires the establishment of a “Security P erimeter” for the flight operations areas.January 25 , 2015

Page Six

9. A pre

- flight briefing will be conducted in regard to the planned sUAS operation prior to each day’s production activities. It will be mandatory that all personnel who w ill be
per forming duties within the boundaries of the safety perimeter be present for this briefing.

10. The Operator will file a FAA Form 7711

- 1, or its equivalent, as modified in l ight of the requested exemption, with the appropriate Flight Standards District Office (FSDO).

11. The Operator will obtain the consent of all person s involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety as determined on set.

12. The Operator will submit a written Plan of Activities to the FSDO three (3) days before the proposed shoot as required by "Mission planning" of the Manual.

13. Pilot, Camera Operator, and Spotter (Observer) will have been trained in operation of sUAS generally and received up-to-date information on the particular sUAS to be operated

.

14. Spotter (Observer) and Pilot will at all times be able to communicate by voice and/or radio

15. Written permission from the relevant property holders will be obtained.

16. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

17. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- determined location within the Security Perimeter and land.

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.January 25 , 2015

Page Seven



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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1) . Given the size and limited operating area associated w ith the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an air worthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed

- wing or rotorcraft) operating with an airworthiness certificate without the restrictions and con ditions proposed

. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual . Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the Operator, pursuant to safety requirements, and under the requirements and in compliance with local public safety requirements, to provide s ecurity for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television prod uction, provide a greater degree of safety to t h e public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that the re is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.January 25

, 2015

Page Eight



### 14 CFR §45.23 (B): Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted”, “light

- sport, ” “experimental,” or “provisional,” as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be place d. Given the size of the sUAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on th e fuselage in compliance with § 45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as
requ ired by §45.29 (f) where the Pilot, Spotter (Observer) and others working with the sUAV will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 1016 7A.



### 14 CFR §61.113 (a) & (b): Private Pilot Privileges and Limitations

- Pilot in Command (PIC)

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations ca n achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries th e pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level of safety provided by
t he requirements included in the Manual exceeds that provided by single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with commercial operations contemplated by Part 61 when drafted, that allowi ng operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 CFR §61.113 (a) & (b).January 25 , 2015

Page Nine



### 14 CFR §91.7 (a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Give n the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.



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

Section 91.9 (b) (2) provides:

No person ma y operate a U.S.

- registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircra ft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot fly ing the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A 10602, 32827, and 10700



### 14 CFR §91.103: Preflight Action

Thi s regulation require s each pilot in command to take certain action s before flight to insure the safety of flight. As FAA approved rotorcraft flight manual s will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in the Flight Operations Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.January 25 , 2015

Page Ten



### 14 CFR §91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls . SUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flig ht training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemptions Nos. 5778K & 9862A. The equivalent level of safety provided by the fact that aircraft.



### 14 CFR §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route o r altitudes pr escribed for helicopters by the FAA. As this exemption is for a sUAS that is a fixed

- wing or rotorcraft requests authority to operate at altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated platform from which filming is p lanned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 ft. AGL. It will however be operated in restricted area with security p erimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent.

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

a s location where it i s operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations as set forth in the "Mission Planning" section of the Manual. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 ft. AGL in the movie industry. In addition, the low-altitude operations of the sUAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119.January 25 , 2015

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### 14 CFR §91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the op erator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.



### 14 CFR §91.151 (a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an indiv idual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fl y after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 25 minutes of powered flight. Not able t o meet the 30 minute reserve requirement in 14 CFR §91.151, Thu sUAS flights would be limited to approximately 1 5 minutes in length leaving enough reserve battery power to meet a 75% discharge level

. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.
Applicant believe s that an exemption from 14 CFR §91.151 (a) fall s within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FA R 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owner s or official representative s who have signed waiver s will be allowed, with le ss than 30 minute s of reserved fuel, doe s not engender the type of ri sks that Section 91.151 (a) was intended to alleviate given the size and speed of the small UAS. Additionally, PromoMEdia feels and has proven sUAS flights of 10 to 12 minutes in duration are adequate enough to achieve their goals for which the exemption will be granted.January 25 , 2015

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Applicant believes that an equivalent level of safety can be achieved by limiting flights to 15 minutes or 75 % of battery power whichever happens first. This restriction would be more than adequat e retur n th e sUA S t o it s planne d landin g zon e fro m anywher e i n it s limite d operating

area.

Simi lar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.



### 14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (b) of this section or a special flig ht 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 15 lbs. and is operated without an onboard Pilot. A s such, there i s no ability or place to carry certification and registration document s or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the Pilot flying the sU AS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 1070 0.January 25 , 2015

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### 14 CFR §91.405 (a); 407 (a) (2); 417 (a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, ex cept as provided in paragraph © of this section, have discrepancies repaired as prescribed in P art 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43

.

Given that the se section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Man ual. (See Sections L and Q) An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UA S can land immediately and will be operating from no higher than 400 ft. AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

********* Pursuant to 14 CFR Part 11, the following summary is p rovided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 CFR § 21, subpart H; 14 CFR § 45.23 (b); 14 CFR § 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.1 03 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in industrial, motion picture and television operations.



### Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Image capture of people will rarely take place, but in the event they are, they will have consented prior to being filmed or other wise have agreed to be in the area where data collection will take place.January 25 , 2015

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Airborne Image Capture (Day & Night)

With regard to airborne filming PromoMEdia adheres to all FAA regulations. Further PromoMEdia airborne teams operate under the principals of: Safety First, Quality Assurance, Accountability, Reporting, and Training. When approved by the FAA it is PromoMEdia's mandate to treat all sUAS operations the exact same as that of conventional aircraft.

Approval of exemption s allowing commercial operation s of sUASs in the film industry will enhance safety by reducing risk. Conventional film operations, using jet or piston powered aircraft, operate at extremely low altitude s just feet from the subject being filmed and in extreme proximity to people and structures; and present the ri sks associated with vehicle s that weigh in the neighborhood of 4,000lbs., carrying large amount s of Jet A or other fuel (193 gallons for jet helicopter shown below). Such aircraft must fly to and from film location. In contrast, a sUAS weighing fewer than 55lbs. and powered by batteries eliminates virtually all of the risk given the substantial reduced mass and lack of combustible fuel carried on board. The sUAS is typically transported to the location via auto or cargo van in a medium sized case and is never flown to set. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.January 25 , 2015

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The operation of small UASs, weighting less than 55lbs., conducted in the strict con ditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exemp ting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft o perate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than ground than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

The primary market of interest for PromoMEdia utilizing sUASs is a multi field approach. Being the sUAS's are so versatile; First: the visual inspections of telecommunications tower s and
power lines is one area that we see an immediate impact of providing important data to infrastructure that is in the public interest. This can be done safely and at a reduced cost. The sUAS can provide visual images to the engineers on the ground in real time so potential failure points can be identified before failure and in respect to exisiitng failures, repairs can be started quickly. S econd : motion picture production including video and still images to be used for Film, TV and Internet. sUAS technology provides an extremly safe way to capture said images without the use of full size helicopters or fixed wing aircraft. Thus greatly reducing risk of damage to property or injury to personnel in case of malfunction. Finally, agriculture, In Texas alone there are many dry land farmers that depend on properly terraformed pastures to maximize rainfall to water their crops. sUAS's provide a crutial birds eye view of the land identifying problem areas and allowing the farmer to adjust and maximize yield in a very expeditious manner . T he use of sUAS may allow these industries to fill in the gaps where traditional aircraft are currently restricted or cost prohibitive

. In addition PromoMEdia has and will continue to work with the sUAS industry to provide feedback on system improvements for the betterment of flight and safety.3691 Gatlin Drive, Rockledge, FL 32955 O: 321 - 806 - 5872, F: 321 - 978 - 0330
www.aerialworks.us January 25 , 2015 Page Sixteen

I t i s anticipate d tha t th e airborn e imag e captur e proce ss wil l be accomplished i n both da y and nigh t environment s. Currently

, conventiona l aircraf t ar e flown i n highl y populate d and/or urban

area s, wit h turbin e powere d helicopter s. Th e gran t o f thi s exemptio n reque st wil l provide improved safety in both day and night operations. To capture the highest quality of resolution the majority of airborne data collections will take place during the 6:00a

– 9:00p window or approx 30 minutes before dawn and 30 minutes after dusk.



### Summary

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

– size, weight, speed, operating capabilities, proximity to airport s and populated area s and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemption s allowing commercial operation of applicant’ s sUAS in the industrial, motion picture and television production industry pursuant to the Manual appended hereto. PromoMEdia is eagerly standing by to support the FAA and sUAS community in its quest to establish proper regulations and protocols for the safe introduction of unmanned aircraft into the national airspace.

Sincerely,

Robert Dodd Member PromoMEdia. LLC