May 19, 2015

Exemption No. 11615 Regulatory Docket No. FAA

– 2015

– 0564

Mr. Samuel Adams

8271 Barnett Dr ive Anchorage, AK 99518

Dear Mr. Adams :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter posted March 6, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct aerial mapping, videography

, and photography

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the2

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

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

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

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

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

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

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11 062, 11109, 11112, and 11213 ;

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

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the fore going, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Samuel Adams is granted an exemption from

14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data co llection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Samuel Adams is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.3

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when weighing less than 55 pounds including payload. Pr oposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspe ed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all ti mes. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). T he UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at a ll times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s respo nsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension

or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then4

the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS

− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical compo nent, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

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

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, ove rhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

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

13. Under this grant of exemption, a PIC must hold either an airl ine transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a
state, the District of Col u mbia, Puerto Rico, a territory, a possess ion, or the Federal

G overnment. The PIC must also meet the flight revi ew requirements specified in

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

14. The operator may not permit any PIC to operate unless the PIC demo nstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. P IC qualification flight hours and currency must be logged in a manner consistent with

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

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However,5

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

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operation s may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption

holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon re quest.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

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

pre

- determined location within the pr ivate or controlled

- access property.

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if i t intends to conduct operations that cannot be conducted under the terms of the attached COA

.

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 identificatio n (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 mus t be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.6

These documents must be made available to the Administrator or any law enforcement official upon request.

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

activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and struct ures unless:

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

from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative.

Permission f

rom property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applica ble COA must be reported

to the FA A'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.n tsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdic tion over the a rea of proposed filming. The 3

- day7

notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e 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 ae rial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature o f exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, t he UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.

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

Sincerely,

/s/

John S. Duncan Director, Flight Standards ServicePetition for	333	Exemption

I, Samuel Clayton	Adams,	Commercial	Pilot ( airman	certificate # 3689434) ,	of	8271 Barnett	Dr.	Anchorage, AK	99518	am	petitioning	the Federal	Aviation Administration	(FAA)	for	an	exemption	from part	21,	su bpart	H; and	Sections 45.23(b) ,	91.9(b)(2) ,	91.119,	91.121,	91.151(a),	91.203(a)	and	(b),	91.405(a), 91.407(a)(1),	91.409(a)(2),	and	91.417(a)	and	(b)	of	Title	14,	Code	of	Federal Regulations	(14	CFR).		This	proposed	exemption would	allow	me to	operate	a DJI Inspire	1 Quad	Copter	Unmanned	Aerial	S ystem	(UAS)	for	the	purpose	of	aerial mapping,	videography	and	photography.		The	use	of	a	UAS	for	these	activities	will

have	a	substantial	societal	benefit.		It	will bring	an	over

- head	perspecti ve	to	future

customers that	was	previously only	possible	throu gh	the	prohibitively	expensive use	of	rotorcraft	and	fixed	wing	air craft with	expensive	camera	equipment

. I	would bring this	service	at	an	affordable	price and	due	to	the	simple	nature	of	the	UAS, with	substantial	time	savings.

Due to	the	ever

- improving	nature of	this	technology	a new UAS	can	become	obsolete within	a	few	months	of	release.		Therefore	requiring	a	new	petition	for	exemption	to be	filed	each	time	a	model	of	UAS	not	specified	in	the	original	exemption is	used. In

order to	streamline	this	process	and	to	save	time	and	money	on	both	parties	behalf,

I	am	a lso	seeking	an	exemption	in	addition	the	to	one	listed	above. I	am seeking approval	to	utilize	other	unmanned	aerial	systems (UAS) that	meet	the	operational

limitations	o utlined	in	the	notice	of	proposed	rulemaking	(NPRM)	pertaining	to	the operation	of	s mall unmanned	aircraft	systems in	proposed	part	107	to	Title	14	Code of	Federal	Regulations	(14	CFR)

.

Safety

I	will	utilize	my	knowledge	as	a	professional	pilot	to	main tain	the	highest	level	of safety	durin g	the	proposed	use	of	the	UAS.	F light	would	consist	of	t hree	parts: preflight,	flight and	post	flight.

The	preflight	will	consist	of	exten sive	inspections	of	the area,	the	UAS	and	the airspace in	which	it	will	be	op erating.	A detailed	inspection	of	the	UAS	will	be conducted	and	all	major	systems	will	be examined ,	including	power	plant,	airframe and	controls.		Any	discrepancy	will	be	noted	and	if	the	discrepancy	affects	the	safety of	the	flight,	the	flight	will	not	co mmence.

Operations	will	only	commence	in reasonably	safe	environments	that will	be	strictly controlled	during	the	flight	of	the	UAS.		The	area	will	be	surveyed	for	power	lines, elevated	lights	an d other property	with	the	potential	to	a ffect	the	safety	of the	flight. There	will	be	no	flights	within	the	proximity	of	active	airports	without	first

cont acting	the	appropriate	agencies	or	authorities to	ensure	the	highest	level	of safety	and	compliance	with	all	regulations.		Operations	will	also	not	commencewhe re	there	is	a	reasonable	possibility	of inadvertent physical	contact	with	the populace.

During	the	flight	portion	of	the	operation,	safety	will	be	the	primary	concern.		Given the	size,	weight,	speed	and	limited	operating	area	of	the	UAS;	flight	will	be

in herently	safe.		The	UAS	will	not	be	operated	above	ind ividuals	not	associated	with

it s	operation	and	care	will	be	given	to	avoid	property	that	was	noted	during	the preflight	inspection	of	the	area.

During	the	post

- flight	debrief,	all	individuals	associate d	with	the	operation	will

evaluate the	success	of	the	operation	and	address	any	concerns	brought	forward about	the	safety	of	the	flight.		Any pertinent issues	will	be	noted	and action	will	be taken	to	ensure	the	safety	of	future	flights.

Exemptions	from regulations

All	proposed	exemptions	from	regulations	are	listed	below	and	are	accompanied	by reasoning	as	to	why	it	would	be	unreasonable	to	comply	with	the	regulation.

• 14	CFR § 21	Subpart	H:	Airworthiness	Certificates	and 91.203	(a)	a nd	(b) : Certificati ons	required

o Given	the	size,	weight,	speed,	and	limited	operating	area

associated with	the	aircraft	to	be	utilized ,	an	exemption	is	requested

and would	meet the	requirements	for	an	equivalent	level	of	safety under	14	CFR	part 11	and	Section	333	of	P.L.	112

- 95	(Section	333)

• 14	CFR §	45.23 : Display	of	marks;	general

o An	exemption	is	requested because	the	UAS has	no cabin,	cockpit	or pilot	station	on	which	to	display	certain	words	or	phrases. Furthermore,	is	would	be	unreasonable	to	mark	the	aircraft	with	2 inch	lettering	since	the	airframe	has	dimensions	smaller	than	the minimal	lettering	requirement.		I	will	place the	word	“Experimental”

on	the	airframe	of	the	UAS as	required	by §	45.29(f) so	t hat	a nyone assisting	as	a	spotter and	I will	see	the	markings.

• 14	CFR	§	91.9 (b)	(2) : Civil	aircraft	flight	manual,	marking	and	placard requirements

o An	exemption	is requested from	the	cited	regulations	because	the	UAS

manufacturer	d oes	not	supply	a	flight	manual that	contains information	found	in	manuals	supplied	by	manufacturers	of traditional	aircraft.		Also,	due	to	the	size,	weight,	speed	and	operating

area	of	the	aircraft to	be	utilized	it	would	be	unrealistic	to	expect	it	to.

• 14	CFR §	91.119: Minimum	safe	altitudes

o An	exemption	is requested fr om	the	cited	regulations due	to	the purpose	that	the	UAS being	used	was	created	for.		This UAS is designed for	use in	a n environment	that	is	contrary	to	this	regulation.Als o,	the	UAS	would not	be	operated	at	an	altitude	of	more	than	500 feet	above	the	surface,	as	to	not	interfere	with	any	potential	air	traffic.

• 14	CFR §	91.121 : Altimeter	settings

o An	exemption	is requested because	no	pitot	static	system is installed in	the	aircraft	and	due	to	the	altitudes	is	operates	at,	adherence	to	this regulation	would	be	unrealistic	and	unnecessary.		Also,	GPS	position information	is	transmitted	to	the	aircraft	controller,	providing	mu ch

more	accurate	information	than	what	would	be	shown by	a	traditional

altimeter.

• 14	CFR §	91.151 : Fuel	requirements	for	flight	in	VFR	conditions

o Due	to	the	nature	of	the	aircraft	being	used,	adherence	to	the regulation	would	be	unrealistic.		The	UAS	has an	average flight	time	of approximately	18 minutes	and	a	“return	to	home”	function	in	the event	of	an	impending	power	failure. Therefore,	an	exemption	from the	cited	regulation	is	requested.

• 14	CFR § 91.405(a) : Maintenance	required,	91.407(a)(1) : Operatio n	after maintenance,	preventative	maintenance,	rebuilding	or	alteration,	91.409 (a)(2) : Inspections,	91.417(a)	and	(b) : Maintenance	records

o Exemptions	are requested from	the	cited	maintenance regulations because	they	only	apply to	traditional	aircraft	with an airworthiness

certificate.

Qualifications and	closing

By	g ranting	me	a	section	333	exemption I	will	be	able	to	bring	a	service	to	my community	that	before,	was	asso ciated	with	high	cost and	high	environmental impact .		As	a	professional	pilot,	the	skills	and	knowledge	that	I	have	gained	through training	and	experience	will	add	an	additional	level	of	safety	to	the	operation	of	the UAS.		Coupled	with	an	in

- depth	knowledge	of	airspace,	Federal	Aviation	Regulations (FARs) ,	safety	of	flight	and	science	of	flight	information	I	believe	there	should	be	no question	as	to	the	soundness	of	my	petition	for	exemption.

*Note All	information	regarding	the	Inspire	1	quad	copter	can	be	fo und	on	the manufacturers	webpage	below. Mo del	specifications	will	be	submitted	with	this

document	for	ease	of	reference.

http://www.dji.com/product/inspire

- 1/download