May 19, 2015

Exemption No. 11615

Regulatory Docket No. FAA–2015–0564

Mr. Samuel Adams

8271 Barnett Drive

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 allow the petitioner to operate an unmanned aircraft 

system (UAS) to conduct aerial mapping, videography, and photography.

See Appendix A for the petition submitted to the FAA describing 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, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public 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 the 
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aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

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

14 CFR part 21, Certification 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 Nos. 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 Labs, 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. 11062, 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 foregoing, 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 collection. 

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.
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1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when 

weighing less than 55 pounds including payload. Proposed 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 airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. 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 airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The 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 all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the 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 responsibility 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, then 
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the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

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 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, overhaul, 

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 airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates 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. PIC 

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 

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

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. 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.

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 symbol 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 request.

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 signal, the UA must return to a 

pre-determined location within the private 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 conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it 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 identification 

(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 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 
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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 structures 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 controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from 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 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.

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 jurisdiction over the area of proposed filming. The 3-day 
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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 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 aerial 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 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 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, the 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 Service
Petition 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,	subpart	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	System	(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	perspective	to	future	

customers that	was	previously only	possible	through	the	prohibitively	expensive	

use	of	rotorcraft	and	fixed	wing	aircraft 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	also	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	outlined	in	the	notice	of	proposed	rulemaking	(NPRM)	pertaining	to	the	

operation	of	small	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	maintain	the	highest	level	of	

safety	during	the	proposed	use	of	the	UAS.	Flight	would	consist	of	three	parts:	

preflight,	flight and	post	flight.		

The	preflight	will	consist	of	extensive	inspections	of	the area,	the	UAS	and	the	

airspace	in	which	it	will	be	operating.	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	commence.

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	and other	property	with	the	potential	to	affect	the	safety	of	the	flight.		

There	will	be	no	flights	within	the	proximity	of	active	airports	without	first	

contacting	the	appropriate	agencies	or	authorities	to	ensure	the	highest	level	of	

safety	and	compliance	with	all	regulations.		Operations	will	also	not	commence	
where	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	

inherently	safe.		The	UAS	will	not	be	operated	above	individuals	not	associated	with	

its	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	associated	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)	and	(b):

Certifications	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	that	anyone	

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	does	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 from	the	cited	regulations due	to	the	

purpose	that	the	UAS	being	used	was	created	for.		This UAS	is

designed	for	use in	an environment	that	is	contrary	to	this	regulation.		
Also,	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	much	

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): Operation	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	granting	me	a	section	333	exemption	I	will	be	able	to	bring	a	service	to	my	

community	that	before,	was	associated	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	found	on	the	

manufacturers	webpage	below. Model	specifications	will	be	submitted	with	this	

document	for	ease	of	reference.

http://www.dji.com/product/inspire-1/download