September 4, 2015

Exemption No. 12758 Regulatory Docket No. FAA

− 20 15

− 2590

Mr. Charles R. Lyle Nex Gen Aerial Imaging 12 Countryside Lane Moultonboro , NH 03254
Dear Mr. Lyle : 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 December 8, 2014 , that posted to the docket June 30, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Nex Gen Aerial Imaging ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct videography, photography, inspections and analyses

. 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 are the DJI Phantom 3 and 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 Decis ion You have requested to use a UAS for aerial data collection 1

. 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 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, Nex Gen Aerial Imaging 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 opera te a UAS to perform aerial data collection

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

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3 Conditions and Limitations
In this grant of exemption, Nex Gen Aerial Imaging 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.
1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 and 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 permi tted.
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 maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all 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 fo r 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 thi s 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 limita tions in this exemption and the procedures outlined in the operating documents,4 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 ope rator 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 up dated 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 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 op eration 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 mu st 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 i s 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 comp onents, 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. 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 certifi cate.5 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 (traini ng, p roficiency, 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, training operations ma y 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 distanc e 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 r ules (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 mad e 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 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 five minutes or with the reserve power recommended by the manu facturer 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 it intends to conduct op erations that cannot be conducted under the terms of the attached COA

.6 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. 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 nonpartici pating 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 r emain 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 aut horized 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 opera tional area as defined by the applicable 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.ntsb.gov

.7 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 a rea of proposed filming. 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 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 cer tificate 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 availa ble 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 es sential 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 spe cified 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 91.8 This exemption terminates on September 30, 2017 , unless sooner super seded or rescinded. Sincerely,
/ s/ John S. Duncan Director, Flight Standards Service
Enclosures

## U.S. Department of Transportation, Docket Operations

**West Building Ground Floor, Room w 12**  **- 140**  **1200 New Jersey**  **Avenue, S.E. Washington, DC 20590**  **Petition for Exemption Under 14 CFR § 11.81**
**to Al**  **low Commercial Use of Unmanned**  **Ai rcraft** 

**Systems December 8, 2014**  **Petitioner: Nex Gen**  **Ae rial Imaging**  **Charles R. Lyle 12 Countryside Lane, Moultonboro NH, 03254**  **Phone: (603)651 -**  **9128 Email: charlielyle@yahoo.com** 

**Greetings,**

## This application is substantially based on the FAA **'s**

**findings in Exemption No. 1106 2 granted to**  **As traeus**  **Ae rial on September 25, 2014, and in reliance on the** 

**analysis pro vi**  **ded therein. 1. Sections from w**  **hich exemptions are sought: Ap**  **plication is hereby made for exemption from: a. F**  **AA Modernization and Reform**  **Ac t of 2012, PL** 
**112 -**  **95 FEB. 1 4, 2012, Section 333**  **b. 14 CFR Part 21, subpart H c. 14 CFR Part 61.113(a) and (b)**  **d. 14 CFT Part 91: 2. Relief sought:**  **i. 91.103(b)(2) ii. 91.105**  **iii. 91.109**
**iv . 91.119** 

## v. **91.121**
**vi . 91.151** 
**vi i. 91.405** 
**vi ii. 91.407**  **ix. 91.409 x. 91.417** 

**2.Releif sought Nex Gen**  **Ae rial Imaging(NGA**  **I) wi**  **shes to operate Unmanned**  **Ai rcraft Systems for commercial purposes** 
**to include (but not limited to) v**  **ideo graphy, photography,** 

**inspections and analyses. This relief is sought because commercial use of UA**  **S's is**

**currently prohibited by la w**  **unless performed under an exemption.** 

## b. This exemption **wi ll cov**  **er use of the follow ing** 

**airframes, all of w hich w**  **ill w eigh le**  **ss than 55 pounds including payload and energy sources:**  **1. DJI Phantom and Inspire models**

**a.DJI Phantom 3 b.DJI Inspire 1**  **Other models to be added by future amendment to**

**this exemption.**

**3. Public benefit: a. Use of UA**  **S technology to obtain imagery,**
**i nformation and data currently obtained by use**  **of manned flight or manual methods: i. Reduces statistical risk to human life due to manned** 

**aircraft accidents (e.g.,**
**pow erline inspections) and due to other dangerous** 

## acti **vi ties that can be av**  **oided**

**(e.g., scaf**

**folding/rigging failures during stack or bridge inspections).**  **ii. Reduces the cost of obtaining such information,**

**wh ich benefits consumers and** 

**the economy. iii. Reduces env**  **ironmental impact by eliminating sources of hydrocarbon emissions**  **from manned aircraft. 4. Safety not adv**  **ersely affected:**

**a. Ai**  **rcraft w ill be registered and marked in**  **accordance w ith Section 44711 and Part 47 and** 

**Part 45, Subpart C. b. A**  **ircraft w ill comply w**  **ith maintenance and inspection requirements of the manufacturer.** 
**Al l repair and maintenance w**  **ork wi**  **ll be conducted or**

## approv **ed by qualified personnel**

**such as those authorized by DJI L**  **os A ngeles (or equivalent), and**  **wi ll require a test flight**  **after such w ork. Records of all maintenance and** 

**repair w ork w**  **ill be kept in a maintenance log for each aircraft.** 

**c. Al**  **l flight operations w ill be conducted by tw**  **o indiv**  **iduals w ho**  **wi ll maintain v**  **erbal communication capability w**  **ith each other at all times**

**during the flight, and w ho w**  **ill remain stationary on the ground during the flig**  **ht**

**operations:**
**i. A Pilot In Command(PIC) w**  **ho possess the follow ing** 

**credentials:**
**1. An**  **A irman Certificate issued under 14 CFR 61** 

**(priv ate pilot license)**  **screened by the TSA**

## a. NGI **A may change PIC credentials w**  **hen and if the**
**FA A**  **makes a change to (PIC) cred**  **entials under current proposed framew ork and**  **regulations changes dated February,15,2015.**
**2. A**  **Third Class medical certificate issued under 14 CFR 67.**  **3. A**  **Bi -**  **annual flight rev iew**  **under 14 CFR 61.56**
**4. A**  **completion of a course of instruction in safe UA S** 

**fly ing conducted by**  **Unmanned Experts Inc. (or equiv alent instruction).** 
**5. At**  **least 200 cycles and 25 hours of flight experience**

**in a UA S rotorcraft**  **(or UA S fixed**  **- wi**  **ng in the case of fixed -**  **wi ng flight**  **operations under this exemption). Such cycles and hours may be gained** 

**during flights under**

## this exemption if a safe distance is maintained from **persons in accordance w**  **ith 14 CFR 91.119. 6.**  **At least 5 hours of flight experience and 3 takeoffs** 

**and landings in make and model being**  **flow n in the prior 90 days. Such** 

**cycles and hours may be gained during flights under this exemption if a safe**  **distance is maintained from persons in accordance w**  **ith 14 CFR 91.119.** 
**ii. A Visual Observ**  **er. d. A**  **ll flight operations w ill be conducted in**  **accord ance w**  **ith v alid Certificates of** 

**Au thorization** 

**e. Al**  **l flight operations w ill comply w**  **ith the follo wi**  **ng:**

## i. The manufacturers' **Ai rcraft Flight Manuals and**  **operation guidelines ii. NGI**  **A flight operations policies including lost** 

**communication and other**
**emergen cy and safety procedures.**  **iii. Conducted in VMC conditions during daylight hours** 
**iv . PIC and VO w**  **ill maintain VLOS at all times.**

**v. Pre**  **- flight inspections (including ground control** 

**station, if any) and safety risk**
**assessments w ill be conducted prior to eac**  **h flight**
**vi . Flight altitudes w**  **ill remain belo w**  **400 feet abo ve** 

**ground lev el** 
**vi i. Flight ground speeds will not exceed 50 knots.** 
**vi ii. Not intrude into Class B, C or D airspace, or**  **published approach, SID or ST AR**  **, or**

## take place w **ithin 5 miles of an airport**

**ix. Not be made near persons as required in 14 CFR**

**91.119 and not ov er persons on**  **the ground w ithout their prior permission**  **x. Each flight w ill be logged in both the PIC's logbook** 

**and the aircraft logbook xi. Not exceed 75% of the battery or fuel capacity**  **of**

**the aircraft, or 30 minutes,**
**wh ichev**  **er occurs first.**
**xii. A ny**  **incidents w ill be reported w**  **ithin 24 hours of**

**occurrence. xiii. NGIA** 

**w ill maintain liability insurance of at least**  **$1,000,000 issued by US**  **AA Insurance or equiv**  **alent insurer.**
**xi v.**  **A ny applicable local FSDO requirements.** 

**xv . A**  **ll other applicable regulations concerned w ith the** 

## operation of aircraft.

**f. Ai**  **rcraft w ill use 2.4 GHz for control of the aircraft,** 

**and 5.8 GHz for sending data.**

**Please ad vi**  **se us of any additional informat ion or** 

**changes that are required. At**  **tached are user manuals for both UA S described in**  **section Charles Lyle**  **- Ow**  **ner Nex Gen**  **Ae rial Imaging(NGI**  **A) 603**  **- 651**  **- 9128**  **charlielyle@yahoo.com**