December 6, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Petition of AERIA MEDIA LLC for Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012.

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, AERIA MEDIA LLC, hereby applies for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small

- unmann ed aerial system (i.e., sUAS).

This exemption is in accordance with protocols outlined in this petition for exemption, the enclosed, the DJI UAS manufacturer’s operations and/or instructions manual, DJI UAS User’s Manuals, DJI UAS Quick Start Guides, and any other requirements established by the FAA pursuant to Section 333 of the

Reform Act.

This exemption would permit commercial operation by AERIA MEDIA LLC, which uses the DJI Inspire1 and DJI Phantom 3 Professional to conduct agricultural

and conservati on research, real estate photography and videography, local promotional photography and videography to promote tourism, news gathering, fire and rescue, aerial mapping and survey, wildlife research and potential real

time waterborne predator threat detecti on and warning. AERIA MEDIA LLC’s operation under the exemption will be subject to strict operating requirements and conditions to ensure safety at all times and under conditions as may be modified by the FAA as required by Section 333.

UAS’s operated by AERIA MEDIA LLC will be operated under controlled VFR conditions at low altitude in airspace that is permitted in accordance with AERIA MEDIA LLC’s approved Certificate of Authorization (COA). Finally, the FAA ATC will approve the air space in which the sUAS will operate in advance.

AERIA MEDIA LLC respectfully submits this request for an exemption because it wishes to operate sUASs. The operations AERIA MEDIA LLC will be conducting will be in lieu of comparatively hazardous operations now conducted by others using fixed wing and rotary conventional aircraft. The FAA can have confidence that the operations will be conducted at an equivalent level or greater level of safety than those providers. Approval of this exemption would thereby e nhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333 of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.” For your convenience, AERIA MEDIA LLC has organized this Exemption request

as follows:I. Petitioner’s Description II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act IV. Description of Proposed Operations V. Reg ulations From Which Exemption is Requested

VI. Public Interest

VII. Privacy VIII.Federal Registry Summary IX. Conclusion

I. Petitioner’s Description: AERIA MEDIA LLC is headquartered in the City of Huntington Beach,CA, is a company that wishes to provide sUAS support to news services, real estate photography and videography, local promotional photography/videography, construction photography, mapping and surveying and assist coastal jurisdictions in monitoring for the presence of large oceanic predatory a nimals in an effort to notify beachgoers of their presence. AERIA MEDIA LLC intends to operate in a compliant and safe environment. AERIA MEDIA LLC plans on providing a wide range of services as the sUAS market expands.

AERIA MEDIA LLC’s goal is to operate in an accident

- free environment by:

• Demonstrating a commitment by the petitioner to operate in a compliant

manner.

• Identify hazard and risk while eliminating or controlling all these risks. Petitioner will intervene and report when unsafe work practices or conditions appear to exist.

• Train all support personal involved in flight operations to perform at the highest standard level.

The contact information for Petitioners is as follows:

Paul Hefferon

AERIA MEDIA LLC

316 16th Street #12 Huntington Beach , CA ph. 530

- 228

- 2049 Email: paul@aeriamedia.com

II. Relevant Statutory Authority: This petition for exemption is submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA “to safely acceler ate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA

Administrator is to consider whether certain unmanned aircraft systems may operate safely in the National Airspace (“NAS”) beforecompletion of the formal UAS rule

- making, based on the following

considerations:

• The UAS’s size, weight, spee d, and operational capability

• Operation of the UAS in close proximity to airports and populated areas

• Operation of the UAS within the visual line of sight of the operator

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”.

Additionally, the FAA Administrator has general authority to grant exemptions

from its sa fety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not ad versely affect safety (or how it would provide a level of safety at least equal to the existing rules).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil

a ircraft, as the term is defined under 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:

The Administ rator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections.

III. Qualifications for Approval Under Section 333 of the Reform Act The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. The proposed operations would permit AERIA MEDIA LLC the use of small UAS systems under controlled conditions in airspace that is: (1) predetermined; and that (2) provides an Inc reased level of safety beyond that existing when fixed or rotor wing aircraft are used by others to accomplish the same purpose.

AERIA MEDIA LLC submission places a duty on the Administrator to not only process applications for exemptions under Section 33 3, but for the Administrator, if he deems the conditions proposed herein require modification in order to allow approval, to supply conditions for the safe operation of the sUAS. AERIA

MEDIA LLC welcomes the opportunity to consult with FAA staff in order to address any issues or concerns that this proposal may raise that they believe may require modification.

AERIA MEDIA LLC will use UASs that are multirotor, weighing less than 55 pounds including payload. They will operate, under normal conditions, at speeds not to exceed 50 mph. The multi rotors have the capability to hover and move in

the vertical and hor izontal plane. Additionally the DJI Spreading Wings has redundancy built in that allows it to maintain safe flight even with the loss of a

motor. AERIA MEDIA LLC’s UASs will operate in line of sight and during daylighthours. Real Help Inc will operate at or below 400 feet AGL. All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, Including local law enforcement, fire, or other appropriate governmental agencies prior to oper ating a sUAS.

Given the small size of the sUAS involved and the environment within which they will operate, this AERIA MEDIA LLC’s exemption falls within the zone of safety and demonstrates an equivalent level of safety, in which Congress desired the

FA A to permit commercial UAS operations by exemption pending completion of

formal rule

- making. Also, due to the size of the sUAS and the confined area in which the sUAS will operate, approval of the application presents no hazard in

the NAS.

Considering th e clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant of the requested exemptio ns is also in the public interest.

IV. Description of Proposed Operations To assist the FAA in its safety assessment of AERIA MEDIA LLC’s proposed sUAS operations, below is a summary of operational limitations and conditions that will ensure an equiva lent or higher level of safety to operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 55 pounds. 2. Flights will be operated within line of sight of the PIC and visual observer. 3. Maximum total flight time for each operational flight will be limited to the amount of time the sUAS can be flown and still maintain a reserve battery power

of no less than 30%. 4. Flights will be operated at an altitude of no more than 400 feet AGL. 5. Flights will be operated at a lateral distance of least 100 feet from any inhabited structures, buildings, vehicles, vessels, people not associated with the operation or who have not signed a waiver in advance of the operation. 6. Minimum crew for each operation will consist of the sUAS PIC ( and a Visual

Observer/ Camera Operator when appropriate). 7. The sUAS PIC will be the petitioner Derick Travis Jack.

8. AERIA MEDIA LLC will designate a Pilot in Command (“PIC”) for each

mission. 9. The sUAS will operate only within a confined safe and unc ongested area. 10. Prior to the operations at a particular location, a site inspection will be

conducted. On the day of the mission the management person with operational control and the PIC will concur on performing the mission after reviewing all safety issue compliance. 11. Prior to initiating each mission a briefing will be conducted in regard to the planned sUAS operations. It will be mandatory that all personnel who will beperforming duties within the boundaries of the safe and uncongested area be

pr esent for this briefing.

12. AERIA MEDIA LLC’s crew will use a safety and airworthiness checklist.

13. The sUAS will be maintained in compliance with the manufacturer’s guidelines.

14. In the event of an accident involving a AERIA MEDIA LLC sUAS, petiti oner will cease operations and report the accident to the NTSB and AFS

- 80. 15. PIC and VO will at all times be able to communicate by voice. 16. PIC, Camera Operator, VO, and Operational Personnel will have been trained and tested by the petitioners.

17. A ll required permissions and permits would be obtained in a dvance from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 18. In compliance with approved exemption, AERIA MEDIA LLC management will submit a written “Plan of Activities” to the local Flight Standards District Office (FSDO) having jurisdiction over the area of proposed filming three days in advanced of operations during film or movie productions.

19. If the sUAS lose s communications signal, the sUAS will have the capability to return to a pre

- determined location within the safe and uncongested area. 20. Contingency plans will be in place to safely terminate flight if there is a loss of communication between the pilot and the observer. 21. The sUAS has the capability to abort a flight in case of unpredicted obstacles or emergencies.

22. AERIA MEDIA LLC, will assure no individuals’ privacy is violated. 23. Procedures have been established to contact ATC prior to operatin g in airspace other than G.

V. Regulations From Which Exemption is Requested

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot

in Command B. 14 CFR § 91.103: Preflight Action C. 14 CFR § 91.113: Right

- of

- Way Rules

D. 14 CFR § 91.119 ©: Minimum Safe Altitudes E. 14 CFR § 91.121: Altimeter Settings F. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions G. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

A. 14 C FR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot

in Command

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

- commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the DJI sUAS’s are remotely controlled with no passengers or property of others on board.AERIA MEDIA LLC respectfully proposes that the FAA should take into account the characteristics and procedures of the particular UAS.

AERIA MEDIA LLC proposes that the actual o peration of the DJI sUAS does not require the Pilot to hold a private pilot certificate. AERIA MEDIA LLC proposes the following requirements: • Pilot in Command Requirements:

1. The PIC must have accumulated and logged a minimum of twenty (20) hours

as U AS pilot with the make and model of UAS to be utilized for operations under the exemption and three takeoffs and landings in the preceding 90 days.

2. The PIC must have successfully completed the qualification process as required by the petitioner, to i nclude a knowledge and skill test.

B. 14 CFR § 91.103: Preflight Action

AERIA MEDIA LLC requests an exemption from the preflight actions requirements of 14 CFR 91.113 that prescribes the preflight actions under which aircraft may operate:

The Petiti oner shall, before beginning a flight, become familiar with all available information concerning that flight. a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, battery charge levels alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;

b) For every flight the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing

distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway s lope, aircraft gross weight, and wind and temperature.

AERIA MEDIA LLC will not operate sUAS’s under IFR conditions, or when the ceilings are below 1000 feet and the visibility is below 3 statute miles. DJI’s sUAS’s do not have published approved Airplan e or Rotorcraft Flight Manual containing takeoff and landing distance data.

Equivalent Level of Safety

The PIC along with the person having operational control must assure that the

weather will be adequate to complete the mission in VFR condition. AERIA MEDIA operates in Southern California, where weather conditions are consistently favorable ; UAS performance should not be affected . Prior tocommercial operations the intended sUAS will be test flown at gross weight to test performance limitations prior t o conducting sUAS operations.

C. 14 CFR 91.113: Right

- of

- Way Rules

AERIA MEDIA LLC requests an exemption from 14 CFR 91.113 Right

- of

- way rules, requiring vigilance by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right

- of

way, the pilot shall give way to that aircraft and may not pass over, under, or

ahead of it unless well clear.

AERIA MEDIA LLC will operate small pilotless UAS’s and cannot comply with these rules as they have been written

Equivale nt Level of Safety

AERIA MEDIA LLC will operate sUAS’s at or below an altitude of 400 feet AGL, well below the normal operating altitude of other aircraft. AERIA MEDIA LLC specifies that a Pilot in Command with experience will perform each mission and

h ave knowledge of the avoid rules. It’s the responsibility of the PIC to cease operations and land the UAS immediately whenever and aircraft comes into the vicinity creating a potential threat or safety concern. Operations will not recommence until the pote ntial threat is clear or safety concern has been

resolved.

D. 14 CFR. § 91.119: Minimum Safe Altitudes

AERIA MEDIA LLC requests an exemption from the minimum safe altitude requirements of 14 CFR 91.119 that prescribes the minimum safe altitudes under

whi ch aircraft may operate:

Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

Over other than conge sted areas at an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated “without hazard to persons or property on the surface,” provided that “each person operating the helicopter complies with any routes or altitudes specifically prescribed f or helicopters by the FAA.”

To provide the intended operations, the sUAS is normally operated below 400 feet AGL. Additionally, due to the nature of the proposed operations, the sUAS

will maintain a lateral distance of at least 100 feet from inhabited str uctures, buildings, vehicles, and vessels, and from people not associated with the operation.Equivalent Level of Safety

Compared to flight of normal aircraft, AERIA MEDIA LLC’s multi

- rotor aircraft weigh less than 55 pounds, and given the lack of flamma ble fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the location where it is ope rated. As set forth in the Operations Manual, the sUAS will b e operated in a safe and uncongested area, where buildings and people will not be exposed to operations without their pre

- obtained consent. Because of the advance notice to the property owners an d participants, all affected individuals will be well aware of the planned flight operations.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety record of the DJI sUAS’s demonstrates that the sUAS can be safely used at these lower altitudes and closer operating environments.

E. 14 C.F.R. § 91.121: Altimeter Settings

AERIA MEDIA LLC seeks an exemption from 14 CFR 91.121, whic h requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required because the sUAS does not have

a bar ometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following these procedures: 1.

AERIA MEDIA LLC will confirm the altitude of the launch site shown on the GPS

altitude ind icator before flight. 2. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUAS’s height, thus ensuring operation at safe

altitudes.

F. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

AERIA MEDIA LLC request s an exemption from 14 CFR § 91.151(a)’s fuel requirements for flight in VFR conditions. Section 91.151 states: a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fu el 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 25 minutes; or

(2) At night, to fly after that for at least 45 minutes.

The batteries powering AERIA MEDIA LL C’s UAS’s provide approximately 10

- 24 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS’s proposed flight area and the location of its proposed ope rations within a predetermined area, a safety margin based on a reserve amount of battery life is

needed.AERIA MEDIA LLC will not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be

conducted on

- site without significant transit time by the sUAS. All flights wil l be planned to terminate with no less than 30% reserve battery power still available. This restriction would be more than adequate to return the sUAS safely to its planned landing zone from anywhere in its confined area of

operation even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operati on to the landing zone. Moreover, operation will be limited to controlled areas where only people and property owners, or official representatives will be allowed.

G. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b):

Maintenance Inspecti ons

AERIA MEDIA LLC also seeks an exemption from the maintenance inspection requirements contained in 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection

standards in reference to 14 CFR Part 43. 14 CFR 91.405(a) (stating that each owner or operator of an aircraft “shall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections...have discrepancies repaired as prescribed in part 43 of this chapte r”). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the DJI User’s Manuals. The operator will ensure that the sUAS is in working order prior to initiating flight, perform required mainte nance, and keep a log of any maintenance performed. The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the sU AS’s size and carrying capacity, and the fact that flight operations will only take place in pre

- designated areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same ope ration.

VI. PUBLIC INTEREST

Granting AERIA MEDIA LLC an exemption furthers the public interest. National policy set by Congress favors early integration of UAS into the national airspace in controlled, safe working environments such as those propose i n this petition.AERIA MEDIA LLC would like to help facilitate safe integration of sUAS’s into mainstream USA in the following areas:

• Agriculture and Conservation

AERIA MEDIA LLC would introduce and demonstrate to farmers of all types that

the sUAS can aid commercial agriculture, land management and conservation efforts by assessing crops, mapping flood zones, measuring snow pack and more. The sUAS can fly pre

- configured missions via the fully automated ground station, which allows for time

- lapse photos of fields, crops and known land tracts. It also can accurately recreate the same pattern during all seasons, providing invaluable data for land and soil management. Using HD video, HD photos, and IR cameras allows for detailed analysis and recording. With photo rendering software, 3D maps and topography can be used in conjunction with time

- lapse photos to create highly detailed maps for erosion, flood map ping and other critical aspects of land management.

• Real Estate

The sUAS can be used in all areas of real estate, including agricultural, vacant land, commercial, residential and industrial properties. Using a sUAS, real estate professionals can create promotional videos, photos and unique shots that normal camera aspects cannot capture. The remote pla tform is great for new planning, zoning and large developments. Simple and easy

- to

- use video and photos allow for multiple height pictures and elevation views.

• Movies and Videography Whether the shot requires unique views and expansive panning or extre me altitude with radical views, the UAS is designed to hold up under demanding conditions. Because of the autopilot feature with pre

- designed mission management and R/C control interrupt, the pilot and camera operator can easily

create the ultimate shot wi th HD video or HD still photos. When working close in on a closed set the hazards to the actors are greatly reduced due to the size of

the sUAS.

• News Gathering Similar to movies and videography, each news assignment may require a completely different shot or view of a scene. With budgets for traditional helicopter use being greatly reduced, the UAS is the perfect solution to allow for

easy new s gathering for a fraction of the cost. The sUAS can and will be operated in a safe manner away from the public, while the traditional helicopter must hovers over persons and property increasing the danger to individuals.

• Fire and Rescue and coastal pred ator detection and warning.

AERIA MEDIA LLC would introduce and demonstrate to fire and rescue personnel the sUAS’s reliability and the capability to perform in extreme situations. The ability to offer real time HD and IR video facilitates placing

person nel and equipment in the right places. Additionally with the recent increase

in shark sightings, AERIA MEDIA would offer our services to help scan, detect, and notify authorities to the presence of large predatory animals. This could savelives and increas e safety at hundreds of miles of affected coastline. AERIA

MEDIA LLC’s mission is to assist governmental agencies safely into the NAS.

VII. Privacy

AERIA MEDIA LLC knows that many individual have concerns about privacy from the operations of sUAS’s. AERIA MEDIA LLC has created a privacy notice that informs residents, commercial property owners, churches, schools, and governmental or ganizations of our intent to conduct commercial drone operations in proximity to their property.

VIII. Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determine d that publication is needed:

AERIA MEDIA LLC seeks an exemption from the following rules: 14 CFR Part 61.113 (a) and (b); 14 CFR 91. 103; 14 CFR 91.113; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR; 91.409( a)(2); 14 CFR 91.417(a) and (b).

Approval of this exemption request allows AERIA MEDIA LLC to conduct commercial operations with small and lightweight unmanned aerial systems.

AERIA MEDIA LLC’s vision is to enhance safety of sUAS operations in the NAS

whi le reducing risk to the general public and property owners.

The DJI sUAS’s, weighing less than 55 pounds and powered by batteries, eliminates virtually all of the risk given the reduced mass and lack of combustible

fuel carried on board. The sUAS is trans ported to the designated mission area and set up there. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of this small UAS will provide an equivalent level of safety, supporting the grant of the exemptions requested herein, including exempting the applicant form the requirements of several regulations and allowing commercial operations. These lightweight sUAS’s operate at slow speeds, close to the ground and in a safe and uncongested environment. As a result, they are far safer than conventional aerial survey and inspection operations conducted with fixed wing aircraft or helicopters.

If additional information is required, or if you have any questions regarding this Petition for Exemption, please contact the undersigned.

Paul Hefferon , Owner/Petitioner AERIA MEDIA LLC Business phone: 530

- 228

- 2049

Email: paul@aeriamedia.com