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 granted your request for exemption. It transmits our 

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

including the date it ends. 

By letter dated January 25, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of PromoMEdia LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography for industrial, agricultural, motion picture, 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 criteria 
2 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

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

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

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

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

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection1 and closed set motion picture and 

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

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

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

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

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

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA 

good cause to find that the UAS operation enabled by this exemption is in the public interest. 

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

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

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

delegated to me by the Administrator, PromoMEdia LLC is granted an exemption from 

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

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

the extent necessary to allow the petitioner to operate a UAS to perform aerial data 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, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (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 and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI S1000 when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption. 

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

permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

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

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

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

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

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license. 

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

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

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

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

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

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

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

limitations in this exemption and the procedures outlined in the operating documents, 
4 

the conditions and limitations herein take precedence and must be followed. 

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

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

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents. 

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

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

a functional test flight prior to conducting further operations under this exemption. 

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

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

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

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

in a condition for safe operation. 

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

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

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

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

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

UAS is found to be in a condition for safe flight. 

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

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

aircraft components. 

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

safety bulletins. 

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

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

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

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

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

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 
5 

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

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

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

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

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

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

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

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

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

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

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

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

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

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

under special visual flight rules (SVFR) are not authorized. 

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

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

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

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

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

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

to the Administrator or any law enforcement official upon request. 

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

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

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

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

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater. 

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

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

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

operations that cannot be conducted under the terms of the attached COA. 
6 

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable. 

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

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

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

official upon request. 

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless: 

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

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard. 

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

nonparticipating persons under this exemption. 

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

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

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 
7 

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

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

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

as documented in this grant of exemption. 

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

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

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

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

under this grant of exemption; 

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

the UAS; 

d. Make, model, and serial or N−Number of UAS to be used; 

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

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

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

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

g. Signature of exemption holder or representative; and 

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

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

essential to accomplish the operation. 

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

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

exemption holder’s MPTOM. 

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

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

parts 45, 47, 61, and 91. 

 
8 

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

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

Enclosures 
1388 Luann Lane Tyler Texas 75703

 O: 903-830-3534

projects@txpromomedia.com

FAA

Exemption Rulemaking

Section 333

Of The

FAA Reform Act and Part 11

DJI S1000 sUAS - 2015

January 25, 2015

PromoMEdia LLC
January 25, 2015

Page One

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation 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); 91.109; 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 sUAS under controlled conditions in airspace that is 1)

limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to

the already safe operations in the industrial, film, and television production community presently

using conventional and unmanned aircraft. Approval of this exemption would thereby enhance

safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities 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 Part 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; and

 Operation of the UAS within Visual Line of Sight (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 requirements 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

current airworthiness certificate. The Administrator may grant an exemption from a

requirement of a regulation prescribed 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 UAS, 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 rotorcraft (DJI S1000), weighing 15lbs. 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 areas 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 authority 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. These limitations provide for

at least an equivalent or even higher level of safety to operations under the current regulator

structure because the proposed operations represent a safety enhancement to the already

safe movie and television filming operations conducted with conventional aircraft. These

limitations and condition to which AerialWorks agrees to be bound 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 elevated platform from which airborne data collection is planned.

5. Minimum two (2) man crew for each sUAS operation will consist 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 medical. 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 qualifications, 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 Perimeter” 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 will be

performing 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 light of the

requested exemption, with the appropriate Flight Standards District Office (FSDO).

11. The Operator will obtain the consent of all persons 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 with 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 airworthiness

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 conditions 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 security 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

production, provide a greater degree of safety to the 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 there 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 placed. Given the size of the sUAV, two-inch lettering will be

impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29

(f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as

required 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 10167A.

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 can 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 the 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

the 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 allowing 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.

Given 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 may 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 aircraft, 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 flying 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

This regulation requires each pilot in command to take certain actions before flight to insure

the safety of flight. As FAA approved rotorcraft flight manuals 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 flight

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 or altitudes prescribed 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 planned, 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 perimeter,

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

as location where it is 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

Page Eleven

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 operator, 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 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 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.”

The battery powering the sUAS provides approximately 25 minutes of powered flight. Not able 

to meet the 30 minute reserve requirement in 14 CFR §91.151, Thu sUAS flights would be 

limited to approximately 15 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 believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without

compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where

only people and property owners or official representatives who have signed waivers will be

allowed, with less than 30 minutes of reserved fuel, does not engender the type of risks 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

Page Twelve

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

adequate return the sUAS to its planned landing zone from anywhere in its limited operating

area.

Similar 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 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 15lbs. and is operated without an onboard Pilot.

As such, there is no ability or place to carry certification and registration documents 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 sUAS 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 10700.
January 25, 2015

Page Thirteen

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, except as

provided in paragraph © 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 these 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 Manual.

(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 UAS 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 provided 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);

91.103 (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 otherwise 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 exemptions allowing commercial operations 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 altitudes just feet from the subject being filmed and in

extreme proximity to people and structures; and present the risks associated with vehicles that

weigh in the neighborhood of 4,000lbs., carrying large amounts 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

Page Fifteen

The operation of small UASs, weighting less than 55lbs., 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 from the requirements of Part 21 and

allowing commercial operations. These lightweight aircraft operate 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 towers 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. Second: 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. The 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

It is anticipated that the airborne image capture process will be accomplished in both day and

night environments. Currently, conventional aircraft are flown in highly populated and/or urban

areas, with turbine powered helicopters. The grant of this exemption request will 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 airports and populated areas and operation within

visual line of sight and national security – provide more than adequate justification for the grant

of the requested exemptions 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

Robert Dodd