July 6, 2015 

Mr. James Williams 

Manager, Flight Standards Service 

Unmanned Aircraft Systems Integration Office 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

U.S. Department of Transportation, Docket Operation 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Request for exemption from multiple regulatory provisions to allow the use of small unmanned 

aerial systems by clients of FireFly Media Group, LLC. (FFMG) to perform aerial photographic and 

video data gathering for clients in the motion picture and television industry. 

Dear Mr. Williams: 

FireFly Media Group, LLC. (FFMG) respectfully requests an exemption from several provisions of 

Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial 

systems (sUAS) to assist in photographic and video data gathering operations for our clients. This 

request is motivated primarily by the desire to maximize safety while obtaining unique aerial 

perspectives not obtainable with conventional aircraft. Accordingly, the grant of an exemption is 

consistent with Congress’ intent, reflected in Section 333 of the FAA Modernization and Reform Act of 

2012 (Modernization Act),1 that safe systems be permitted in the national airspace prior to the issuance 

of final regulations governing general use of these systems.2

Appendix A provides the FFMG Pilot Handbook with manufacturers information regarding the design, 

aircraft performance, and fail-safe features. We have provided manufacturer information related to 

operating limitations, normal and emergency procedures, and maintenance and inspection procedures. 

As we add aircraft designs, we will update this appendix appropriately. 

Appendix B provides the FireFly Media Group, LLC. Motion Picture and Television Operations 

Manual for flights covered under this Exemption Request, specifically those for sterile environment, 

closed set motion picture and television productions.

Applicant submits these manuals as a Confidential document under 14 CFR 11.35 (b) as each manual 

contains proprietary information that the applicant has not and will not share with others. The manual 

contains 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. 

1 P.L. 112-95, 126 Stat 11 February 14, 2012

2 Section 333 (b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon finding that a type of 

UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and operations 

within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security.
Background Information 

FFMG is in the business of consulting on photographic and video data gathering for clients in the 

motion picture, television and commercial advertising industries. FFMG would like to expand our 

offering to potential and existing clients for photographic and video data gathering utilizing sUAS, if an 

exemption is granted. We have developed a specific FFMG Safe UAV Operational Procedures 

specifically for the purpose of safe operations in this capacity as outlined in Appendix A and B. 

As part of this FFMG is requesting a FAA Exemption for utilizing sUAS operations for photographic 

and video capture for usage in the film, television and commercial advertising industry. 

Regulatory Basis for Exemption Request 

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant an 

exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the public 

interest. The FAA has imposed a separate requirement in its procedural regulations, providing that the 

petitioner shall explain why granting the exemption would not adversely affect safety or how the 

exemption would provide at least an equivalent level of safety as compliance with the underlying 

regulation. In this case, approval of this exemption would advance the public interest by significantly 

enhancing the safety and efficiency of photographic and video operations and by providing the FAA 

with valuable user experience on sUAS in a context with appreciable economic and societal benefits. 

As described more fully below, the requested exemption would permit the operation of sUAS under 

tightly controlled conditions, thus ensuring that operations will not have an adverse impact on safety. 

Granting an Exemption will not Adversely Affect Safety

FFMG notes that there is no applicable standard for an equivalency determination. Some have argued 

that the appropriate standard is that for model aircraft, noting that their operations, if conducted for 

recreational purposes, would fall completely within the allowable operations for model aircraft. We 

believe it is difficult to argue that there is sufficient correlation between model operations controlled by 

the Academy of Model Aeronautics and the ones contemplated by FFMG. At the same time, it is clear 

that equivalency cannot be established for traditional, manned civil aircraft because the design and use 

profiles between traditional aircraft and sUAS are simply too different. As such, we believe it makes 

more sense to focus on why the contemplated operations would not adversely affect safety, which is all 

that §11.81(e) requires. 

Granting an exemption will not adversely affect safety. FFMG contemplates conducting sUAS 

operations over client owned or controlled land, tightly controlled sets and secured sterile areas as 

described in the attached FFMG Operations Manual as Appendix B, solely during daylight hours, 

within line of sight and at altitudes well below that which would pose a risk to other aircraft. In general, 

sUAS operations are intended to be conducted in areas distant from both congested areas and airports. 

Moreover, because of the inherent risks presented by film, television and commercial advertising 

production operations, our clients have already taken steps to secure property against unauthorized 

public access. The nature of operations anticipated by FFMG requires that the sUAS be flown at 

relatively low altitudes and relatively low speeds. FFMG expects that in most instances, the sUAS will 

be flown no higher than 250 feet above ground level along the path of the sUAS. Accordingly, the risk 

of interference with another aircraft is minimal. FFMG also plans to conduct sUAS operations at least 

three miles from any public airports (including heliports).

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein, including 333 Aircraft Exemption Status exempting the applicant from conventional aircraft 
requirements and allowing commercial operations. These lightweight aircraft operate at slow speeds, 

close to the ground, and in a controlled environment and, as a result, are far safer than conventional 

operations conducted with turbine helicopters operating in close proximity to the ground and people.

 The safety of those on the ground is protected by the fact that no one will be allowed into the area 

without the permission of FFMG or the production company. Security will be established for the flight 

area as part of the pre-flight control. Each individual within the secure area will be briefed prior to 

flight and will consent to being in the area. All others will be excluded from the area. 

FFMG initially intends to use a dedicated staff for sUAS operations. All operations will be within 

visual line-of-sight (i.e., no more than approximately 0.5 miles from the manipulator of the controls, or 

pilot in command (PIC)). Each PIC will conduct at least three take-offs and landings with the sUAS on 

which he or she is trained every 90 days. PICs will establish their qualifications thru a combination of 

aeronautical knowledge, UAS airmanship skills, and verification through testing of flight ability before 

flight operations have commenced. Depending on the type of operation, additional ground-based visual 

observers may be employed as well. These observers will be within constant visual line of sight and in 

constant vocal contact with the PIC. The visual observers will assist the PIC in avoiding objects near 

the sUAS. 

 There are no standards for either Private or Commercial sUAS pilot certificates. The safe operation 

and control of the UAS as described in this application does not depend on the type of FAA license 

held by the PIC. Given the restricted and controlled airspace within which operations will take place, 

the key factors needed by the PIC are knowledge of the airspace within which the operation will take 

place and how that airspace fits into the National Airspace System (NAS). That knowledge can be and 

is gained primarily through ground school and not through flight training in fixed wing or rotor aircraft, 

nor is it dependent on the acquisition of a commercial or private pilot’s certificate. Those certificates 

demonstrate knowledge of the factors and skills needed for the safe operation of those types of aircraft 

(fixed wing or rotorcraft). It cannot be assumed that a commercial pilot, approved to operate a 

helicopter or fixed wing aircraft, has the skill or ability to safely operate a small unmanned aerial 

vehicle, operating at 400 AGL or lower, within strictly controlled pre-approved airspace. Besides 

knowledge of airspace regulations, dexterity in the control and operation of the sUAS acquired from 

actual operation of the aircraft is the most important factor in establishing an equivalent level of safety.

 If the PIC has acquired the necessary knowledge of airspace requirements, the relevant issues are:

1. Where the aircraft will be flown, 

2. The size of the aircraft relative to what is being used today to accomplish the same mission, 

and 

3. what precautions will be taken to ensure the safety of those in the area of operation. 

We propose that the PIC has at least an FAA Sport, Recreational or Private Pilots Certificate and a 

Class III medical; the aircraft be operated within a secure environment; and that no one be allowed to 

enter the secure environment unless they are part of the operation, have been fully briefed of the risks 

prior to operation of the sUAS, and have consented to the risks associated with being in the operating 

area. Should there be a mishap, the sUAS being flown will pose significantly less of a threat than the 

helicopters and fixed wing aircraft now being employed because they are a fraction of the size, carry no 

flammable fuel, do not carry crew or passengers, and pose an infinitesimal risk to others. This is in 

stark contrast to conventional aircraft that are flown over the site, carry explosive fuel, carry passengers 

and crew, and operate in a much larger area. 
From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who are also 

qualified to fly the type of sUAS that are utilized for photographic and filming operations. There are 

even fewer commercial pilots that can fly these sUAS – to the point that to do both is considered rare. 

Assuming that it is unlikely for a company to find a pilot that has both qualifications, that company 

would either have to source a qualified sUAS pilot to train and obtain a commercial certificate, or find 

a commercial certificated pilot who would be willing to learn to fly a sUAS to the competency level 

required for professional use. 

Accordingly, our proposed minimum requirements for the PIC include: 

1) Class III medical;

2) 2) A minimum of 200 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at 

least 10 hours logged as a sUAS pilot with a similar sUAS type (single blade or multirotor); 

3) 3) A minimum of 5 hours as sUAS pilot with the make and model of sUAS to be utilized for 

operations under the exemption and 3 take offs and landings in the preceding 90 days; 

4) 4) Have undergone a qualification process as specified in the Flight Operations & Procedures 

Manual consisting of a knowledge & skill test of the aircraft to be used.

Another consideration supporting the certificate requirement is that pilots holding a sport, recreational 

or private pilot certificate are subject to security screening by the Department of Homeland Security. 

This requirement should ameliorate security concerns over UAS operations under this exemption. 

FFMG intends to use commercially available sUAS Components for sUAS. These sUAS systems will 

be tested for quality & safety in our test facility before being deployed to the field. The sUAS is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a secured 

area. We have a routine maintenance schedule to verify that the sUAS will remain in safe and 

operational condition. Please see Appendix A, for Specific Types of sUAS to be utilized by FFMG. 

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In accordance with the statutory criteria provided in Section 333 of PL 112-95 in reference to 49 USC 

44704, and in consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, we request that this aircraft exemption meets the conditions of Section 333. 

Therefore, if granted Section 333 relief of 14 CFR part 21, and any associated noise certification and 

testing requirements of part 36, is not necessary.

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the sUAV, two-inch lettering will be impossible. UA will 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 will be as large as practicable. 

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

FFMG’s request is based on the fact that no airworthiness certificate will be issued for the UAS. 

FFMG’s UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart 

H. Based on the fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not 

necessary. 

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard 

Certifications required, the original intent of these regulations was to display an aircraft’s 

airworthiness, certification, and registration documents so they would be easily available to inspectors 

and passengers. Based on the FAA Memorandum subject “Interpretation regarding whether certain 
required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the 

requested relief from 14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) is not necessary. 

Notes Regarding: §91.109 Flight instruction; 

Simulated instrument & certain flight tests Small UASs, 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. Aircraft being considered for use by FFMG allow the UAS 

Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the 

student losing control, the UAS Instructor can quickly and via alternate equipment (equipment not in 

the hands of the student) place the aircraft into a mode that then allows the instructor to bring the 

aircraft back into control and back to the predetermined and/or safe landing location. FFMG does not 

describe training scenarios in which a dual set of controls would be utilized or required, i.e. dual flight 

instruction, provided by a flight instructor or other company-designated individual, that would require 

that individual to have fully functioning dual controls. Rather, FFMG evaluates the qualification of its 

PICs based on their experience with the UAS to be operated and verifies through testing, in lieu of 

formalized training. As such, FFMG does not seek relief from 14 CFR § 91.109. 

Notes Regarding § 14 CFR 91.119(b) Relief from § 14 CFR 91.119(b), operation over congested areas, 

is not applicable, because the FFMG’s operations will only be conducted within the secured area 

described herein.

FFMG Safety Operations & Procedures Overview:

Technology Considerations:

Commercially available, off the shelf, best-in-class components and tried, proven technologies that are 

in advanced iterations. Software from highly-reputable industry partners will include features - 

1. Auto descent (landing) if communication signal were to be severed. If the sUAS loses 

communications, the sUAS will have capability to return to a pre-determined location within 

the Security Perimeter and land.

2. Auto descent (landing) if battery were to drop lower than nominal level. 

3. Flights will be terminated at 25% battery power reserve. 

4. Live video for operator gives real-time positioning feedback. In other words, we can monitor 

the scene from the vehicle's perspective for collision avoidance, and to maintain spatial 

orientation. 

5. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle health at all 

times: speed, altitude, number of GPS satellites (when available), heading and voltage. 

7. GPS lock supplies for return-to-home (RTH). Should Command and Control (C2) link failures 

occur (highly improbable), vehicle returns automatically to the point of launch. 

8. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data 

feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude 

information will be generated by equipment installed on board the aircraft, using GPS 

triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination 

thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for 

accuracy by the pilot. 
Mechanical/Physical:

1. We will fly line-of-sight (LOS) only. The vehicle will always remain in direct LOS to the pilot, 

thus eliminating the concern of signal severance (flying behind objects/walls).

2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots. 

3. Batteries will far exceed the capacity required for actual flight time. 

4. Flights will be operated at an altitude of no more than 400 feet AGL. 

5. Fireproof bags for storage and charging of high capacity Lipo batteries on-site. 

6. UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as 

otherwise authorized by the FAA. 

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot, gimbal op, 

director)

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle 

control/communication. 

3. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

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. 

4. The operator will obtain the consent of all persons involved in the sUAS operations and ensure 

that only consenting persons will be allowed within 100 feet of the flight operations. 

5. Observer and pilot will at all times be able to communicate by voice. 

6. Written and/or oral permission from the relevant property holders will be obtained. 

7. Pilot and observer will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated. 

Operations: 

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy 

source(s) and equipment. Operations authorized by this petition of exemption are limited to the 

following aircraft described in Appendix B. Proposed operations of any other aircraft will 

require a new petition or a petition amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots. 

3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC 

must be in feet AGL. 

4. 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 medical certificate. 

5. 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. 

6. The operator’s manual included as Appendix C and this petition of exemption must be 

maintained 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 

operator’s manual, the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operator’s manual. The 

operator may update or revise its operator’s manual. 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. If the operator determines that any update or revision would affect the basis for 
which the FAA grants this petition for exemption, then the operator must petition for 

amendment to their exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted 

if questions arise regarding updates or revisions to the operator’s manual. 

7. Prior to each flight the PIC must inspect the UAS to ensure 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 UAS is 

found to be in a condition for safe flight. The Ground Control Station, if utilized, must be 

included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

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 in accordance with the operator’s manual. The PIC who conducts the functional test flight 

must make an entry in the UAS aircraft records of the flight. The requirements and procedures 

for a functional test flight and aircraft record entry must be added to the operator’s manual. 

9. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. When unavailable, aircraft 

maintenance/component/overhaul, replacement, and inspection/maintenance requirements must 

be established and identified in the operator’s manual. At a minimum, requirements for the 

following must be included in the operator’s manual: 

a. Actuators / Servos; 

b. Transmission (single rotor); 

c. Powerplant (motors);

d. Propellers; 

e. Electronic speed controller; 

f. Batteries; 

g. Mechanical dynamic components (single rotor); 

h. Remote command and control; 

i. Ground control station (if used); and 

j. Any other components as determined by the operator; 

10. The Pilot In Command (PIC) must possess at least a sport, recreational or private pilot 

certificate and at least a current third-class medical certificate. 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. 

11. Prior to operations conducted for FFMG, the PIC must have accumulated and logged, in a 

manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours of 

total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar 

UAS type (single blade or multirotor). Prior documented flight experience that was obtained in 

compliance with applicable regulations may satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under this petition of exemption to 

accomplish the required flight cycles and flight time. 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. 

12. Prior to operations conducted for the purpose of photographic or video filming flight operations 

for FFMG, the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51(b), a minimum of five hours as UAS pilot operating the make and model of UAS to be 

utilized for operations under the exemption and three take-offs and three landings in the 

preceding 90 days. Training, proficiency, experience building, and take-off and landing 

currency flights can be conducted under this petition of exemption to accomplish the required 
flight time and 90 day currency. During training, proficiency, experience-building, and take-off 

and landing currency 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. 

13. Prior to any flight operations authorized by this petition of exemption, the PIC and VO must 

have successfully completed a qualification process, as outlined in the operator’s manual. As 

this is a requirement stipulated by the operator, the test must be developed and implemented by 

a qualified person designated at the sole discretion of the operator. A record of completion of 

this qualification process must be documented and made available to the Administrator upon 

request. 

14. Prior to operations conducted for the purpose of infrastructure inspection, a flight 

demonstration, administered by an operator-approved and -qualified pilot must be successfully 

completed and documented. This documentation must be available for review upon request by 

the Administrator. Because the knowledge and airmanship test qualifications have been 

developed by the operator, and there are no established practical test standards that support a 

jurisdictional FAA FSDO evaluation and approval of company designated examiners, the 

petitioner will conduct these tests in accordance with the operator’s manual.

15. The UA may not be operated directly over any person, except authorized and consenting 

personnel, below an altitude that is hazardous to persons or property on the surface in the event 

of a UAS failure or emergency. 

16. Regarding the distance from participating persons, the operator’s manual has safety mitigations 

for authorized and consenting personnel. At all times, those persons must be essential to the 

operations. 

17. Regarding distance from nonparticipating persons, the operator must ensure that no persons are 

allowed within 500 feet of the area except those consenting to be involved and necessary for the 

flight operations. This provision may be reduced to no less than 200 feet if it would not 

adversely affect safety and the Administrator has approved it. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the security perimeter and land or be recovered in accordance with 

the operator’s manual. 

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

accordance with the operator’s manual. 

20. Each UAS operation must be completed with 25% or more battery power remaining. 

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this petition of exemption. This 

COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. 

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. The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul component 

parts, and the total time in service of the UAS. These procedures must be added to the 

operator’s manual. 

24. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

25. The operator must develop UAS technician qualification criteria. These criteria must be added 

to the operator’s manual. 

26. The preflight inspection section in the operator’s manual must be amended to include the 

following requirement: The preflight inspection must account for all discrepancies, i.e. 
inoperable components, items, or equipment, not covered in the relevant preflight inspection 

sections of the operator’s manual. 

27. Before conducting operations, the radio frequency spectrum used for operation and control of 

the UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

28. At least three days before scheduled flight operations, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over the 

area of proposed infrastructure inspection. 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 flight operations conducted under 

this petition 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 infrastructure inspection event; 

f. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct flight operations; 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 infrastructure inspection will be conducted and the altitudes 

essential to accomplish the operation.

29. The 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.

30. The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.).

31. 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.

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

33. 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. 

34. The UA may not operate in Class B, C, or D airspace without written approval from the FAA. 

The UA may not operate within 5 nautical miles of the geographic center of a non-towered 

airport 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 a 

NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request. 

35. 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. Further flight operations may not be conducted until the incident, accident, or 

transgression is reviewed by AFS-80 and authorization to resume operations is provided.
Support for Petition for Exemption, in accordance with the procedural requirements of 14 C.F.R. 

§11.81, FFMG provides the following information: 

Contact Information: 

FireFly Media Group, LLC. 

Chris Odom 

PO Box 931 

Saint Petersburg, FL 33731 

850-206-3999

813-816-1399

chris@chrisodomphoto.com 

wearefireflymedia@gmail.com

wearefireflymedia.com 

Regulatory Provisions from which FFMG seeks an Exemption

FFMG believes it may need an exemption from the following provisions to conduct the contemplated 

operations. In some instances, relief is needed because relief from another provision renders 

compliance with the regulation at hand infeasible. 

333 Aircraft Exemption Status Requested

14 C.F.R. §61.113(a) and (b) 

14 C.F.R. §91.119(c) 

14 C.F.R. §91.121 

14 C.F.R. §91.151 

14 C.F.R. §91.405(a) 

14 C.F.R. §91.407(a) 

14 C.F.R. §91.409(a)(1)&(2) 

14 C.F.R. §91.417(a)&(b) 

FFMG believes an exemption is only needed from the above-listed regulatory provisions. To the extent 

that the FAA believes that additional relief is required for FFMG to conduct the operations described 

here, we request an exemption from any such regulatory provisions as well.

The Extent of Requested Relief and the Reasons Relief is Needed 

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for 

an airworthiness certificate based on a consideration of the size, weight, speed, operational capability 

of the particular UAS, as well as its proximity to airports and populated areas. An analysis of these 

criteria demonstrates that the sUAS operated without an airworthiness certificate in the areas and under 

the conditions contemplated by FFMG will be at least as safe, or safer, than a conventional aircraft 

(fixed wing or rotorcraft) operating with an airworthiness certificate without the conditions proposed in 

this request. 

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates 

exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by the operator and observer. Operations will be conducted in 

compliance with the FAA and with local public safety requirements to provide security for the area of 

operation as is now done with conventional equipment, infrastructure, bridge and out building 
evaluation. These safety enhancements provide an expanded degree of safety to the inspectors over 

conventional operations. Lastly, application of these same criteria demonstrates that there is no credible 

threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, 

lack of explosive materials and inability to carry a substantial external load. 

Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, 

this 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 for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and populated 

areas of the particular sUAS. 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.

14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot 

certificate may act as pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an 

aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection 

with any business or employment if: 

(1) The flight is only incidental to that business or employment; and

(2) (2) The aircraft does not carry passengers or property for compensation or hire. 

*FFMG anticipates initially using a cadre of specially trained staff to conduct the sUAS operations. 

While these individuals will not hold commercial pilot licenses they will hold a sport, recreational or 

private pilot's certification. The sUAS will not carry property for compensation or hire since they will 

be used solely to assist in FFMG’s client’s primary business; however, the employees’ operation of the 

sUAS will not be incidental to their employment with FFMG, and they will be compensated for such 

work. Without an exemption, the pilot would be required to hold a commercial pilot certificate under 

§61.133. However, the risk associated with the contemplated operations is less than the risk posed by a 

traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil 

aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control 

of FFMG clients. Accordingly, the risk would be limited to FFMG personnel, who will be appropriately 

outfitted in safety gear, and FFMG client’s property on the ground. Requiring a commercial pilot 

certificate would provide no appreciable safety benefit and would needlessly impose additional cost on 

FFMG. Because the contemplated operations would not comply with §61.113(b)(1) and none of the 

other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.119(c) §91.119 

Minimum safe altitudes: General. 

Except when necessary for takeoff or landing, no person may operate an aircraft below the following 

altitudes: 

(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.
*FFMG submits that the only relief it requires from §91.119 is from the minimum altitudes listed in 

paragraph (c). Relief is required from paragraph (c) for fixed wing operations because photographic 

and filming operations conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since 

operations at this altitude also pose a heightened risk of collision with another aircraft, safety can only 

be assured through the grant of an exemption. The anticipated rotorcraft operations should be 

adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from paragraph (a) 

because an emergency landing of the aircraft due to a power failure will not create an undue hazard to 

persons or property on the surface. As noted in the explanation of why an exemption will not adversely 

affect safety, FFMG clients has exclusive use of the land over which the sUAS will be operated, and 

public access is restricted. FFMG’s Clients tightly control access to land and have the ability to assure 

that no individuals unassociated with the planned operations are on the affected land. As such, the risk 

of injury is minimal. FFMG does not contemplate conducting operations over congested areas, so relief 

is not requested from paragraph (b). 

14 C.F.R. 91.121 14 C.F.R. §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. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric 

data feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude 

information will be generated by equipment installed on board the aircraft, using GPS triangulation, or 

digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each 

flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.

14 C.F.R. 91.151 §91.151 

Fuel requirements for flight in VFR conditions. 

(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.

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. 

*Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not raise the 

type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the event it has to be 

flown to an alternate airport or circle the planned airport in the event of unanticipated conditions. 

FFMG does not intend to use the sUAS for point-to-point flights and will not operate the sUAS beyond 

visual line of sight. Nor will the sUAS require an airport in order to land. Rather, FFMG will operate 

the sUAS using pre-planned flight paths (taking into account weather conditions) designed to allow the 

sUAS to fly to the point of intended landing. As such, there is no need for a time based excess fuel 

requirement. Rather it should be sufficient to require only as much additional excess flight capacity as 

necessary to safely land the sUAS. We believe that a 25% battery reserve is more than sufficient to 

meet this objective.
14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)

§91.405Maintenance required.

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; 

***** 

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. 

(a) No person may operate any aircraft that has undergone maintenance, rebuilding, or alteration unless 

– (1) It has been approved for return to service by a person authorized under §43.7 of this chapter; 

§91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within 

the preceding 12 calendar months, it has had __ 

(1) 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. 

§91.417 (a) & (b) 

*FFMG believes that an exemption from these three maintenance requirements is appropriate because 

the FAA has not developed maintenance standards that would allow an operator to meet the part 91 

maintenance requirements. In particular, there are no individuals authorized by the FAA to approve a 

sUAS for return to service under §91.407(a) or to conduct the initial airworthiness and annual return to 

service inspections required by §91.409(a). FFMG will maintain the aircraft as instructed in the 

owner’s manual or where applicable, and will not operate the aircraft until it has reasonably determined 

that any needed repairs have been made. However, because of the technical impossibility of meeting 

the requirements of §§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these 

provisions is appropriate. 

Please do not hesitate to contact me at the phone numbers or via the e-mail addresses provided above 

should you have any questions or concerns.

Respectfully submitted for your consideration,

Chris Odom

Principle Owner

FireFly Media Group, LLC.