UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL 

AVIATION ADMINISTRATION, WASHINGTON, DC 

Regulatory Docket No. ____ _ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

ABSOLUTE MARKETING GROUP, LLC FOR AN EXEMPTION 

SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE 

CODE OF FEDERAL REGULATIONS, SECTIONS 61.113(A), 91.7(A), 

91.119(C), 91.121, 91.151(A)(1), 91.405(A), 91.407(A)(1), 91.409(A)(1) & 

(A)(2), AND 91.417(A) & (B) CONCERNING COMMERCIAL 

OPERATION OF UNMANNED AIRCRAFT SYSTEMS PURSUANT TO 

SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT 

OF 2012 (PUBLIC LAW 112-95), SUBMITTED ON ____ _ 

__ ,2015 

PATRICK T. DIXON 

DANIELSON LEGAL, LLC 

503 7TH STREET NORTH, SUITE 107 
IDENTIFICATION OF PETITIONER AND NATURE OF EXEMPTION REQUESTED 

1) Name and Address Of The Petitioner: 

MacDalton Berns 

Absolute Marketing Group, LLC 

222 Broadway 

Fargo, ND 58102 

2) Name and Address Of The Contact Person for this Application is: 

Patrick Dixon 

Danielson Legal, LLC 

503 7'h Street North, Suite 107 

Fargo, ND 58102 

3) A Brief Description OfThe Nature Of The Exemption Absolute: 

This exemption will permit Absolute Marketing Group, LLC ("Absolute") to 

commercially operate an Unmanned Aircraft System ("UAS") for the purpose of 

conducting aerial video and photography over certain areas of the United States as 

well as closed set filming of motion pictures, music videos, web videos, corporate 

videos, television programs and commercials. 

BASIS FOR PETITION 

Absolute submits this petition to the Administrator to commercially operate the UAS 

described on Exhibit A (the "Aircraft") in the National Airspace System ("NAS"). This 

Petition is made pursuant to the FAA Modernization and Reform Act of2012 ("FMRA") 

Section 333, which directs the Secretary of Transportation to determine if certain UAS 

may operate safely in the NAS. 

Absolute specifically requests, pursuant to the provisions of the Federal Aviation 

Regulations (14 CFR § 11.61) and the FAA Modernization and Reform Act of 

2012(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, an 

exemption from the following CFR requirements: 

1. 14 CFR § 61.113(a). Absolute requests relief from Section 61.113(a) to the extent 

necessary to allow a Pilot In Control ("PIC") to conduct the proposed UAS flight 

operations for compensation or hire provided that the PIC holds a private pilot or 

higher level certificate. 

2. 14 CFR § 91. 7(a). Absolute seeks relief from Section 91.7(a), entitled Civil 

Aircraft Airworthiness, because the Aircraft does not require an airworthiness 

certificate. As such, Absolute submits that it will ensure that the Aircraft is in an 

airworthy condition, prior to every flight, by determining that the U AS are in 

compliance with the operating documents and that the aircraft is in a condition for 

safe flight. 
3. 14 CFR § 91.119( c). Absolute seeks relief from Section 91.119( c), entitled 

Minimum Safe Altitudes: General, and submits that safety will not be affected 

because Petitioner's UAS closed set filming operations will be a controlled 

environment in which only participating persons will be permitted entry and the 

UAS will remain within the visual line of site of the PIC and VO, below 400 feet 

AGL, and at speeds below 50 knots. 

4. 14 CFR § 91.121. Absolute seeks an exemption from the requirements of Section 

91.121 , entitled Altimeter Settings, as the Aircraft will not have a typical 

barometric altimeter on board, but altitude information of the Aircraft altitude will 

be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications, when combined with the operation of the Aircraft within visual 

line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to 

that required under Section 91.121. 

5. 14 CFR § 91.151 (a)(1). Absolute seeks an exemption from the requirements of 

Section 91.151 (a)( 1) and submits that safety will not be affected by operation of 

the Aircraft during daylight hours in visual meteorological conditions under visual 

flight rules. Absolute does not intend to operate point-to-point flight as they are 

limited to a predefined area within visual line of sight of the PIC and will not 

require and airport for operations. 

Absolute further requests that the Aircrafts be allowed to operate without airworthiness 

certification and to be exempt from obtaining airworthiness certificates because the 

Aircraft's speed, weight, size, and limited operating area associated with the Aircrafts 

and their operation do not create a hazard to users of the NAS or the public, or otherwise 

pose a threat to national security. Presuming Absolute receives relief from the 

airworthiness certificate requirements, Absolute further requests relief from the following 

sections which apply to aircraft with an airworthiness certificate: C.F.R § 91.405(a), 

C.F.R § 91.407(a)(l), C.F.R § 91.409(a)(1), C.F.R § 91.409(a)(2), C.F.R § 91.417(a) and 

C.F.R § 91.417 (b). 

DETAILED ANALYSIS OF THE SPECIFIC SECTIONS FROM WHICH 

ABSOLUTE REQUESTS EXEMPTIONS. 

In Support of this Petition, Absolute herein specifically describes the Regulations from 

which an exemption has been requested, the extent of the requested exemptions, and the 

reasons why the requested exemptions will not adversely affect safety: 

1. Section 61.113(a). 

Section 61.113, entitled Private Pilot Privileges and Limitations, states the following: 

Pilot in command, subsection (a) prescribes the following, in relevant part: 
(a) No person who holds a private pilot certificate may act as a pilot in command 

(PI C) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

Absolute requests relief from Section 61.113(a) to the extent necessary to allow a PIC to 

conduct the proposed UAS flight operations for compensation or hire provided that the 

PIC holds a private pilot or higher level certificate. Absolute submits that all flights of the 

Aircraft, conducted by the PIC pursuant to the grant of this Petition: ( 1) will be incidental 

to Absolute business; and (2) will not carry passengers or property for compensation or 

hire. 

The FAA has previously granted relief from Section 61.113(a) specific to UAS in similar 

circumstances to those presented herein in, by way of example only, Exemption Notices 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 1136, 11138, 

11150, 11153, 11156, 11158, 11159, 11160, 11161. 

2. Absolute Seeks Exemption From The Requirements Of Section 91.7(a) 

Section 91.7, entitled Civil Aircraft Airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

Absolute requests relief from Section 91.7(a) so that Absolute may determine whether the 

Aircraft is airworthy prior to flight through its compliance with the operating documents 

(i.e., Monthly Maintenance Log, and Aircraft Instruction Manual) prior to every flight. 

Because Absolute will ensure that the Aircraft is in an airworthy condition prior to every 

flight, the equivalent level of safety established by Section 91.7(a) will be maintained. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to 

UAS, in circumstances similar to those presented herein in many Exemption Notices 

including, but not limited to, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110,11112,11136,11138,11150,11153,11156,11157,11158,11159,11160,11161. 

3. Absolute Seeks Exemption From The Requirements of Section 91.119(c). 

Section 91.119, entitled Minimum Safe Altitudes: General, states the following, in part: 

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

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

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. 

Because the altitude restrictions of Section 91.119( c) would severely constrain the motion 

picture and television filming operations that Absolute intends to conduct pursuant to this 

Petition, Absolute requests relief from 91.119( c) to the extent necessary to allow the 

Petitioner's UAS to operate inside a closed-set environment that only participating 
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persons, vehicles and structures will be permitted. While in the closed-set, the U AS shall 

operate within VLOS of the PIC and VO, below 400 feet AGL, and at speeds below 50 

knots consistent with the relief typically provided to manned operations under FAA 

Order 8900.1, Volume 3, Chapter 8, Section 1. 

The equivalent level of safety established by Section 91.119( c) will be maintained 

because Petitioner's UAS operations will be conducted pursuant to the Motion Picture 

and Television Operations Manual, attached as Exhibit C. 

4. Absolute Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter Settings, subsection (a), states the following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating-

( I) Below 18,000 feet MSL, to-

(i) The current reported altimeter setting of a station along the route and 

within 1 00 nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(l)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of 

the departure airport or an appropriate altimeter setting available before 

departure. 

Absolute seeks the Relief from section 91.121 to the extent necessary to comply with the 

ann1icah1e conditions and limitations hecause the Aircraft utilizes GPS eouinment altitude 

·reporiirig:·and radio· communications-to provide altitude intoimatiori from the Aircraft to 

the PIC at the ground control station rather than the local barometric pressure or field 

altitude. 

The equivalent level of safety established by Section 91.121 will be maintained because 

the altitude information of the Aircraft will be provided to the PIC via GPS equipment 

and radio communications for active monitoring of the flight path and altitude. This 

altitude information, combined with Absolute's operation of the Aircraft within visual 

line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to that 

required under Section 91.121. 

The FAA has previously granted relief from Section 91.121 specific to UAS in similar 

circumstances in Exemption Notices 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11112, 11136, 11138, 11150,11153,11156,11157,11158,11159,11160 and 11161. 

5. Absolute Seeks Exemption From The Requirements Of Section 91.151(a)(1). 
Section 91.151, entitled Fuel Requirements For Flight in VFR Conditions, subsection (a), 

states the following: 

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed-

( 1) During the day, to fly after that for at least 30 minutes 

Because Section 91.151 (a) (1) would severely constrain the practicality of the aerial 

video and still photo flight operations that Absolute intends to conduct pursuant to this 

Petition, Absolute requests relief to allow flights of the battery powered Aircraft during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR) for a total duration of to the first point of intended landing and, assuming normal 

cruising speed, to fly for at least 5 minutes or with the reserve power recommended by 

the manufacturer if greater .. 

The FAA has previously granted relieffrom Section 91.151 specific to UAS in 

circumstances similar to those presented herein in many Exemption Notices, including 

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110,11136,11138,11150,11153,11156,11157,11158,11159, 11160,and 11161. 

6. Absolute Seeks Exemptions From Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

(a)(2) and 91.417(a) & (b) Because The Aircraft Meets The Conditions OfFMRA 

Section 333 Relating To Airworthiness certificates 

Section 333 grants authority to operate a UAS without airworthiness certification and sets 

forth requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security, stating, in part: 

(a) In General. Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and 

rulemaking required by section 332 of this Act or the guidance required by 

section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems. In making the determination under 

subsection (a), the Secretary shall determine, at a nunimum-

( 1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated areas, 

and operation within visual line of sight do not create a hazard to users of the 

national airspace system or the public or pose a threat to national security; and (2) 

whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph( 1 ). 
(c) Requirements for Safe Operation. If the Secretary determines under this 

section that certain unmanned aircraft systems may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft systems in the national airspace system. 

Absolute requests that the Aircraft not be required to have an airworthiness certificate in 

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

Aircraft and the Aircraft's operation. In seeking this exemption, Absolute submits that the 

Aircraft can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated 

by the characteristics of the Aircraft, the pilot certification requirement and the specific 

operating limitations. In seeking this exemption, Absolute proposes to commercially 

operate Aircraft for the special purpose of conducting aerial video and photography over 

certain areas of United States, pursuant to the following specific operating limitations 

described on Exhibit B. An equivalent level of safety will be ensured because Absolute 

will use experienced personnel or technicians to perform maintenance, alterations, or 

preventive maintenance on the UASs using the methods, techniques, and practices 

prescribed in the operating documents. Furthermore, Absolute will document and 

maintain all maintenance records for the Aircraft. 

Because, the Aircraft meets the conditions ofFMRA Section 333 for operation without 

an airworthiness certificate, Absolute requests relief from Sections 91.405(a), 

91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) because they only apply to 

aircraft with an airworthiness certificate. 

The Requirement Of Section 91.405(a) 

Section 91.405 subsection (a), entitled Maintenance Required, states the following: 

Each owner or operator of an aircraft-

( a) Shall have that aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter[.] 

The Requirements Of Section 91.407(a)(l) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(l), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless (1) It has been approved 

for return to service by a person authorized under § 4 3. 7 of this chapter[.] 

The Requirements Of Sections 91.409(a)(l) and 91.409(a)(2) 

Section 91.409, entitled Inspections, subsection (a), states the following: 
(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding I2 calendar months, it has had-

( I) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by§ 43. 7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. 

The Requirements Of Sections 91.417(a) And 91.417(b). 

Section 9I.417, entitled Maintenance records, subsections (a) and (b), state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(I) Records of the maintenance, preventive maintenance, and alteration and 

records of the 1 00-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must 

include: (i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and (ii) The date of completion of the 

work performed; and (iii) The signature, and certificate number of the person 

approving the aircraft for return to service. 

(2) Records containing the following information: (i) The total time in service 

of the airframe, each engine, each propeller, and each rotor. (ii) The current 

status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. (iii) The time since last overhaul of all items installed on the 

aircraft which are required to be overhauled on a specified time basis. (iv) The 

current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained. ( v) The current status of applicable airworthiness 

directives (AD) and safety directives including, for each, the method of 

compliance, the AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action, the time and date when the next 

action is required. (vi) Copies of the forms prescribed by§ 43.9(d) of this 

chapter for each major alteration to the airframe and currently installed 

engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods 

prescribed: 

( 1) The records specified in paragraph (a )(1) of this section shall be retained 

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

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

and transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under§ 43.11 

of this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 

Accordingly, Absolute will use trained technicians to perform maintenance, alterations, 

or preventive maintenance on the U ASs using the methods, techniques, and practices 

prescribed in the UAS operating documents. Furthermore, Absolute will document and 

maintain all maintenance records for the Aircraft. 

In seeking this exemption, Absolute submits that the equivalent level of safety with 

regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a)(l ), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because 

Absolute will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the U ASs using the methods, techniques, and practices prescribed in the 

operating documents. Furthermore, Absolute will document and maintain all maintenance 

records for the Aircraft. Since the Aircraft will be inspected as prescribed by the 

operating documents, Absolute will maintain the equivalent level of safety established by 

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Absolute will perform maintenance, 

alterations or preventive maintenance on the Aircraft using the methods, techniques, and 

practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417( a) and 91.417(b ), because all maintenance of the 

Aircraft will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing a monthly maintenance log. Significantly, previous exemptions 

granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b) establish that safety is not adversely affected when the technical 

characteristics and operating limitations of the UAS are considered. In consideration of 

Absolute proposed operating limitations, the operating documents, and the technical 

aspects of the Aircraft, Absolute submits that safety will not be adversely affected by 

granting exemption from Sections 91.405(a), 91.407(a)(l) and (a)(2), 91.409(a)(2), and 

91.417(a) and (b). 

The FAA has previously granted relief specific to UAS in similar circumstances in, for 

example, Exemption Notices 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110,11112,11136,11138,11150, 11153,11156,11157,11158,11159,11160and 11161. 

SPECIAL CONDITIONS 

In accordance with FMRA Section 333 and 14 CFR § 21.16 entitled Special Conditions, 

Absolute requests that the FAA prescribe special conditions for the intended operation of 

the Aircraft which contain such safety standards that the Administrator finds necessary to 

establish a level of safety equivalent to that established by 14 CFR Part 21, Subpart H, 

and 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.119(c), 91.121,91.151 (b), 91.405(a), 
91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) if the airworthiness regulations 

do not contain adequate or appropriate safety standards due to the novel or unusual 

design features of the aircraft. 

HOW GRANTING THE EXEMPTION REQUEST IS IN THE PUBLIC'S BEST 

INTERESTS 

Granting the present Petition will further the public interest by allowing Absolute to 

safely, efficiently, and economically perform aerial video and photography over certain 

areas of the United States for commercial purposes while also decreasing congestion of 

the NAS, reducing pollution, and providing significant benefits to the economy. Notably, 

the benefits of Absolute proposed operation of the Aircraft will be realized without 

implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. The Aircrafts 

are a safe, efficient, and economical alternatives to the manned aircraft 

traditionally utilized to obtain aerial imagery. The use of the Aircraft will reduce 

the amount of manned aircraft performing aerial acquisitions in the NAS which 

will result in: 1) reducing noise and air pollution; 2) increased safety both in the 

air and on the ground; 3) decreased congestion around airports created by caused 

by the manned aircraft's arrivals and departures. 

2. The Public Will Reduce Noise and Air Pollution. Because the Aircraft use battery 

power and electric motors that produce no air pollution, the Aircraft will reduce 

the levels of air and noise pollution generated during traditional aerial video and 

still photography flight operations compared to the manned aircraft currently used 

for most aerial video and photography. 

3. The Public Will Benefit From The Safety And Efficiency OfThe Aircraft. The use 

of the Aircraft will significantly reduce the risk to life and property in the air and 

on the ground associated with traditional manned aircrafts because the Aircraft's 

crew remains on the ground and the maximum weight of the Aircraft is 

significantly less than traditional manned aircraft. 

4. Performing Aerial Video and Photography Operations With The Aircraft Will 

Benefit The Economy. The operation of the Aircraft will allow companies like 

Absolute to contribute to growth of the U.S. economy through the development of 

the UAS economy, expand the local workforce, and, because of increases 

consumer spending, improve local, state, and federal tax revenues. 

5. There Are No Privacy Issues. Absolute's proposed operation of the Aircraft will 

not implicate any privacy issues because such operations will be in compliance 

with the Federal Aviation Regulations (such as the minimum altitude 

requirements of 14 CFR § 91.119) as well as Absolute's operating documents 

requiring property owner involvement and notice to local law enforcement. 
CONCLUSION 

As set forth herein, Absolute seeks an exemption pursuant to 14 CFR § 11.61 and Section 

333 of the FMRA, which will permit safe operation of the Aircraft commercially, without 

an airworthiness certificate, for the limited purpose of conducting aerial video and 

photography over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization 

and Reform Act of 2012, while also advancing the interests of the public, by allowing 

Absolute to safely, efficiently, and economically operate the Aircraft commercially 

within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FMRA 

Section 333, Absolute respectfully requests that the Administrator grant this Petition for 

an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 

91.121, 91.15l(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), 

and permit Absolute to operate the Aircraft commercially for the purpose of conducting 

aerial video and photography over certain areas of the United States. 

Dated: October ':l 6 , 2015 

Absolute Marketing Group, LLC 

Its: 

lfl:ir~r President 

222 Broadway, Fargo, ND 58102 
Exhibit A 

The Aircraft 

The unmanned aerial systems that Absolute Marketing Group will be using, or are 

considering using, in conjunction with this exemption application include the following 

models, collectively referred to as the "Aircraft": 

3D Robotics X8+ 

3D Robotics X8-M 

3D Robotics Solo 

3D Robotics IRIS 

DJI Phantom 2 

Dll Phantom 2 Vision + 

DJI Phantom 3 

DJI Inspire 1 

Yuneec QSOO 

Parrot Bebop 

QuanumNova 
Exhibit B 

System Operating Limitations 

In seeking this exemption, Absolute proposes to commercially operate Aircraft for the 

special purpose of conducting aerial video and photography over certain areas of United 

States, pursuant to the following specific operating limitations: 

1. Operations authorized by this grant of exemption will be limited to UASs 

weighing less than 55 pounds maximum gross weight. 

2. UAS operations under this exemption will be limited to conducting operations 

for the purpose of aerial video and photography. 

3. The UAs may not be flown at an indicated airspeed exceeding 87 knots (100 

miles per hour) In no case will the UAS be operated at airspeeds greater than the 

maximum 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), as indicated by the procedures specified in the operating documents 

unless a special request is made and approved by ATC. 

5. The UAS 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. 

6. The use of first person view (FPV) by the PIC or visual observer (VO) is not 

permitted. 

7. All operations must utilize a visual observer (VO). 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 

functions prescribed in the operating documents. 

8. The VO must not perform any other duties beyond assisting the PIC with 

seeing and avoiding other air traffic and other ground based obstacles/obstructions 

and is not permitted to operate the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during 

UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations contained in the grant 

of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption 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 upon request. The 

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

extension or amendment to the grant of exemption. If the operator determines that 

any update or revision would affect the basis upon which the FAA granted the 

exemption, then the operator must petition for 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. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. 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 U AS is found to be in a condition for 

safe flight. The Ground Control Station must be included in the preflight 

inspection. All maintenance and alterations must be properly documented in the 

aircraft records. 

11. 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. The PIC who conducts the functional test 

flight must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents. 

13. The operator must follow the UAS manufacturer's aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts must 

be noted in the aircraft records, including total time in service, description of 

work accomplished, and the signature of the authorized person returning the UAS 

to service. 

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

Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections. 
1 7. The PIC must hold a current 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. 

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator's qualification criteria and demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

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

qualification flight hours must be logged in ·a manner consistent with 14 CFR § 

61.51 (b). Flights for the purposes of training the operator's PICs are permitted 

under the terms of the 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 U AS with appropriate 

distance from nonparticipants in accordance with 14 CFR § 91.119. 

19. U AS operations may not be conducted during night, as defmed in 14 CFR § 

1.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA 

office closest to proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized. 

20. The Aircraft may not operate within 5 nautical miles of an airport reference 

point as denoted on a current FAA -published aeronautical chart unless a letter of 

agreement with that airport's management is obtained, and the operation is 

conducted in accordance with the issued operator's COA. The letter of agreement 

with the airport management must be made available to the Administrator upon 

request. 

21. The Aircraft 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. 

22. If the Aircraft loses communications or loses its GPS signal, it must return to 

a predetermined location within the planned operating area and land ~r be 

recovered in accordance with the operating documents. 

23. The PIC must abort the flight in the event ofunpredicted obstacles or 

emergencies in accordance with the operating documents. 

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

forecast weather conditions) there is enough power to fly at normal cruising speed 

to the intended landing point and land the Aircraft with at least five minutes or 

with the reserve power recommended by the manufacturer if greater. 
25. The operator must obtain an Air Traffic Organization {ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any operations 

under the grant of exemption. This COA will also require the operator to request a 

Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 

24 hours prior to the operation. All operations shall be conducted in accordance 

·with airspace requirements in the A TO issued COA including class of airspace, 

altitude level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by 

serial number, registered in accordance with 14 CFR part 4 7, and have 

identification number markings in accordance with 14 CFR part 45, Subpart C. 

Markings must be as large as practicable. 

27. The documents required fewer than 14 CFR 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the Aircraft any time the 

Aircraft is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 

28. The Aircraft must remain clear and yield the right of way to all manned 

aviation operations and activities at all times. 

29. The Aircraft may not be operated by the PIC from any moving device or 

vehicle. 

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

persons {persons other than the PIC, VO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the Aircraft 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 Aircraft, flight 

operations must cease immediately and/or; 

b. The Aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission 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, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons 

do not present an undue hazard to those persons per§ 91.119(a). 

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

with permission from the land owner/controller or authorized representative. 
Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

33. 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. 

PATRICK T. DIXON 

DANIELSON LEGAL, LLC 

503 7TH STREET NORTH, SUITE 107