September 21,2015 

U.S. Department of Transportation 

Docket Management Systems 

West Building Ground Floor Room W12-140 

1200 New Jersey Ave. 

Washington, DC 20590 

Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

Dear Sir or Madam, 

I, Buzz Rohlfing, owner ofMPA-Media Production Associates, am writing pursuant to the FAA 

Modernization and Reform Act of2012 and the procedures contained within 14 C.P.R. 11, to 

request that MPA-Media Production Associates a video, media business be exempted from the 

below so that we may operate a small Unmanned Aircraft System. (sUAS) 

As described here. I, Buzz Rohlfing am chiefvideographer at MPA-Media Production 

Associates, which has acquired (1) DJI Spreading Wings S 1000 sUAS, (1) DJI Phantom 3 sUAS 

and (1) DJI Phantom 2 sUAS with FPV HD Video Camera with intent to operate commercially 

for Aerial Data Collection, specifically but not limited to aerial photography I videography 

following exemption and approval by the FAA. 

Exemption request would permit operation of Small Unmanned Aerial System, sUAS (piloted by 

remote control) in tightly controlled and limited airspace for Aerial Data Collection specifically 

but not limited to photographing or video graphing within property boundaries for individual 

property owners with their permission. Additionally within the National Airspace System for 

Aerial Data Collection with the limitations of exemption and applicable CO A. 

I, Buzz Rohlfing, owner ofMPA-Media Production Associates, will detail in this petition the 

specific regulations for which we seek relief, offering alternate and equivalent ways of providing 

a level of safety at least equal to the existing rules. This petition focuses on public safety and 

public benefit. 

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I. Contact Information: 

Buzz Rohlfing 

MP A-Media Production Associates 

315 E Street 

Anchorage, AK 99501 

(907) 277-4444 

buzz@mpa-ak.com 

II. The specific sections oftitle 14 of the code of federal regulations from which MPA-Media 

Production Associates requests exemption are: 

14 C.P.R. Part 21 subpart H 

14 C.P.R. 45.23(b) 

14 C.P.R. 61.113(a)&(b) 

14 C.P.R. 91.7(a) 

91.9(b) (2) 

91.103(b) 

91.109 

91.119 

91.121 

91.151(a) 

91.203(a)&(b) 

91.405(a) 

91.407(a)(1) 

91.409(a) (2) 

91.417(a)&(b) 

ill. The extent ofreliefMPA-Media Production Associates seeks and the reason he seeks 

such relief: 

I, Buzz Rohlfing, submit this application in accordance with the Reform Act, 112 P.L. 95 33-334, 

seeking relief from any currently applicable FARs operating to prevent MPA-Media Production 

Associates contemplated commercial use of an sUAS for Aerial Data Collection, photography 

and videography use within the national airspace system. The Reform Act in Section 332 

provides for such integration of civil unmanned aircraft systems into our national airspace system 

as it is in the public's interest to do so. Our sUAS meets the definition of"Small Unmanned 

Aircraft System" as defined in Section 331 and therefore the integration of our sUAS is expressly 

contemplated by the Reform Act. We would like to operate our sUAS prior to the time period by 

which the Reform Act requires the FAA to promulgate rules governing such craft. Allowing such 

will provide direct experience and valuable information for formal regulation that can be 

administered uniformly to other sUAS related activities for Aerial Data Collection, video and 

photography. 

The Reform Act guides the Secretary in determining the types of sUAS's that may operate safely 

in our National Airspace System. Considerations include: The weight, size, speed and overall 

capabilities of the sUAS's; Whether the sUAS will be operated near airports or heavily populated 

areas; and, Whether the sUAS will be operated by line of sight. 112 P.L. 95 333 (a). Each ofthese 

items reflects in favor of an exemption for MP A-Media Production Associates. Our sUAS utilizes 

counter-rotating propellers for balance, control and stability. Our sUAS are all equipped with 

GPS and Auto Return, Fail-Safe safety technology. All our sUAS are below the maximum 55 

pounds limit, including camera with gimbal. 

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MPA-Media Production Associates considers safety to be the most important requirement for 

each and every flight. Our Small Unmanned Aircraft Systems are designed to hover in place via 

GPS and operate in less than a 24 knots (15mph) wind. For safety, stability and fear of financial 

loss, we will not fly in winds exceeding 16 kph (10 mph). Built-in safety systems include a GPS 

mode that allows my sUAS to hover in place when radio controls are released. With three modes 

to choose from, we utilize the GPS mode for Aerial Data Collection. This is the safest, most 

reliable and stable mode to prevent accident and hazard. When pilot communication is lost, the 

sUAS is designed to go into a Fail-Safe mode and slowly return-to-home; i.e., within 3 meters of 

the point of take off. 

In accordance with FAA regulations, sUAS flight operations will not be conducted near airports, 

within temporary flight restricted areas, (TFR's) near hospitals or sporting event areas, near 

special security areas, without written authorization/permits from appropriate controlling 

authority. Additionally sUAS flight operations will not be conducted in areas where the general 

public is within 150 feet. With an observer always present, we are constantly on alert for both 

people on the ground and manned aircraft in the air, and prepared to land/abort immediately to 

the nearest and safest ground point should a manned aircraft approach my location or I suspect 

manned aircraft may approach near my location. 

MP A-Media Production will ender to mitigate any risk that could cause harm or a crash that 

could create a hazard to person, property or to manned aircraft by operating within the limitations 

ofF AA exemption, CAO, use of operational procedures, checklist and a safety culture. 

Buzz Rohlfing, owner ofMPA-Media Production Associates has a demonstrated a perfect safety 

record operating sUAS in a recreation environment for 2 years and does not pose any threat to the 

general public to continue operating sUAS commercially under FAA exemption. 

IV. How MPA-Media Production Associates request will benefit the public as a whole: 

The operation of small sUAS, weighting 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 exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground and as a result, are far safer than conventional operations conducted with traditional 

aircraft which pose a safety risk. There are no personnel on board MPA-Media Production 

Associates sUASs and therefore the likelihood of death or serious bodily injury is significantly 

diminished. MP A-Media Production Associates will provide an equivalent or better level of 

safety as that achieved under the current FAR's. 

MPA-Media Production Associates sUAS is battery powered and creates no emissions that can 

harm the environment. The consequence of our sUAS crashing is far less than a full size 

helicopter or fixed wing aircraft; which are heavy, contain a pilot, many gallons of combustible 

fuel and can cause catastrophic devastation to the public. The Smart Battery employed in all 

MPA-Media Production Associates sUASs provides immediate visual awareness and percent 

battery charge remaining as well as similar information during flight through Ground Control 

Station. 

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V. Reasons why MP A-Media Production Associates exemption will not adversely affect 

safety or how the exemption will provide a level of safety at least equal to existing rule: 

MPA-Media Production Associates proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations listed herein. These 

limitations provide for at least an equivalent or even higher level of safety to operations under the 

current regulatory structure because the proposed operations represent a safety enhancement to 

the already safe Aerial Data Collection, aerial photography and cinematography filming 

operations conducted with conventional aircraft. 

These limitations and conditions to which MPA-Media Production Associates agrees to be bound 

when conducting commercial operations under an FAA issued exemption include: 

1. The sUASs will weigh less than 55 lbs. 

2. Flights will be operated within VLOS visual line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 30 minutes or less. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet 

above an elevated platform for which filming is planned. 

5. Minimum crew for each operation will consist of the sUAS Commercial Pilot (PIC) and the 

Visual Observer VO. 

6. sUAS Pilot will also meet the flight review requirements specified in 14 C.F.R 61.56 in an 

aircraft in which the Pilot is rated on his or her pilot certificate. 

7. The sUAS will only operate within a set safety perimeter, the boundaries of which will be 

determined by MP A-Media Production Associates production personnel and PIC based on the 

site-specific Aerial Data Collection activities, in coordinated with the jurisdictional FAA FSDO, 

A TC and local government officials as applicable. 

8. A briefing will be conducted in regards to the planned sUAS operations prior to each day's 

Aerial Data Collection. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing. 

9. The sUAS Pilot will ensure this safety perimeter that only consenting production personnel 

will be allowed within 100 feet of the sUAS operation by not permitting anyone who had not 

been briefed or whom is not involved in Aerial Data Collection to be within the safety perimeter. 

10. CAO wavers, permits, authorizations and permission will be obtained from governing 

authority or property owner including local law enforcements, fire, or other appropriate 

governmental agencies where applicable, prior to conducting sUAS flight operations. 

11. The s U AS will have the capability to abort flight in case of unpredicted obstacles or 

emergencies. 

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12. PREFLIGHT CHECKLIST 

a. Remote controller, aircraft battery, and mobile device are fully charged. 

b. Propellers are mounted correctly and firmly. 

c. Micro-SD card has been inserted if necessary. 

d. Gimbal is functioning as normal. 

e. Motors can start and are functioning as normal. 

f. Dn Pilot app connected to the aircraft. 

h. Any additional factors related to safety of flight. 

14. TO REGAIN CONTROL AFTER LOST RADIO CONTACT: 

If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is 

activated and will bring the sUAS back to the Pilot or predetermined location. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates: 

14 C.F .R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the 

procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 

(a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft 

from the requirement 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 sUAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be 

at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. The sUAS to be 

operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries 

no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. 

Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local public 

safety requirements, to provide security for the area of operation as is now done with 

conventional Aerial Data Collection. The FAA will have advance notice of all operations. These 

safety enhancements, which already apply to civil aircraft operated in connection with Aerial 

Data Collection, provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F .R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat 

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

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external 

load. 

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

The regulation requires: When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or 

"provisional," as applicable. Even though the sUAS will have no airworthiness certificate, an 

exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station 

on which the word "Experimental" can be placed. Given the size of the sUAV, two-inch lettering 

will be impossible. The word "Experimental" will be placed on the fuselage in compliance with 

§45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS 

will see the identification of the sUAS as "Experimental." The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: 

Pilot in Command. Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft to have 

no less than 40 hours of flight time with the sUAS. Unlike a conventional aircraft that carries the 

pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance. 

14 C.F.R. §91.7(a): Civil aircraft airworthiness: 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight, as 

set forth in Sections J, Land Q, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft: 

7 Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof. The sUAS, given its size 

and configuration has no ability or place to carry such a flight manual on the aircraft, not only 

because there is no pilot on board, but because there is no room or capacity to carry such an item 

on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the pilot flying the sUAS will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 

9299,9299A,9565,9565B, 10167, 10167A, 10602,32827,and10700 

14 C.F.R. § 91.103: Preflight Action 

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

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft 

an exemption will be needed. The PIC will take all actions including reviewing weather, flight 

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battery requirements, landing and takeoff distances and aircraft performance data before initiation 

of flight. 

14 C.F.R. §91.109: Flight Instruction 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which Aerial 

Data Collection is planned, an exemption may be needed to allow such operations. As set forth 

herein, the sUAS will never operate at higher than 400 AGL with the exception that in 

circumstances where the sUAS is used Aerial Data Collection of a structure whose height exceeds 

400 feet AGL, the sUAS will not be operated more than 100' above the highest point on the 

structure. It will however be operated in a restricted area with security perimeter, where buildings 

and people will not be exposed to operations without their pre-obtained consent. The equivalent 

level of safety will be achieved given the size, weight, speed of the sUAS as well as the location 

where it is operated. No flight will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and participants in Aerial Data 

Collection activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 

55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations 

is far less than those presently presented with conventional aircraft operating at or below 500 

AGL. In addition, the low-altitude operations of the sUAS will ensure separation between these 

small- UAS operations and the operations of conventional aircraft that must comply with Section 

91.119. 

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 safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

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14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) there is enough 

fuel to fly to the first point of intended landing, and, assuming normal cruising speed - (1) During 

the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes." The battery powering the sUAS provides approximately 30 minutes of powered flight. 

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

approximately 1 0 minutes in length. Given the limitations on the sUAS' s proposed flight area and 

the location of its proposed operations within a predetermined area, a longer time frame for flight 

in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 

14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing 

Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the 

small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate given the 

size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly 

reduce the utility for which the exemption will be granted. Applicant believes that an equivalent 

level of safety can be achieved by limiting flights to 3 0 minutes or 25% of battery powerwhichever happens first. This restriction would be more than adequate to return the sUAS to its 

planned landing zone from anywhere in its limited operating area. Similar exemptions have been 

granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may 

operate a civil aircraft unless it has within it the following: ( 1) An appropriate and current 

airworthiness certificate .... (b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight authorization issued under 

§91.715 is displayed at the cabin or 9 cockpit entrance so that it is legible to passengers or crew. 

The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at 

the ground control point where the pilot flying the sUAS will have immediate access to them, to 

the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 

9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections These regulations require that an aircraft operator or owner "shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will carry a small payload and 

operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS 

can land immediately and will be operating from no higher than 400 feet AGL. The operator will 

ensure that the s U AS is in working order prior to initiating flight, perform required maintenance, 

8 
and keep a log of any maintenance performed. Moreover, the operator is the person most familiar 

with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. An equivalent level of safety will be achieved because maintenance 

and inspections will be performed in accordance with the sUAS Manufacturer's Manual, as 

referenced in the Aircraft OperationsManual. As provided in the Operations Manual, the operator 

will ensure that the sUAS is in working order prior to initiating flight and perform required 

maintenance needed. 

Privacy 

All flights will occur over public, private or controlled access property with the property owner's 

prior consent and knowledge. In the case of public property IA W CAO and applicable permits. 

Summary 

MPA-Media Production Associates is seeking exemption from the following rules: 14 C.P.R. Part 

21 subpart H; 14 C.P.R. 45.23(b); 14 C.P.R. 61.113(a)&(b); 14 C.P.R. 91.7(a); 91.9(b) (2); 

91.103(b); 91.109; 119.121; 91.15l(a); 91.203(a)&(b); 91.405(a); 91.407(a) (I); 91.409(a) (2); 

91.417(a)&(b). 

Approval of the above exemptions allowing commercial operations of small UASs in Aerial Data 

Collection, primarily aerial photography and video media, will greatly enhance safety by reducing 

the overall risk associated with traditional aircraft. Traditional Aerial Data Collection requires 

large aircraft weighing thousands of pounds and carrying hundreds of pound of fuel presenting a 

significant risk to life and property. With MPA-Media Production Associates use of small UASs 

weighing less than 55 lbs, powered by batteries and operating at or below 400 AGL will virtually 

eliminate all of the risk associated with traditional Aerial Data Collection. The UASs will carry 

no people thereby eliminating the exposure to the risks associated with flying while 

accomplishing the same task in a much safer and efficient manner. 

Granting MP A -Media Production Associates the above exemptions will allow for the expansion 

ofUAS systems into the future, in a professional aviation safety conscious culture. 

MP A-Media Production Associates respectfully requests that the FAA grant its exception without 

delay. The FAA has the authority to issue the exemption sought by MP A-Media Production 

Associates pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). 

Sincerely 

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