BEFORE THE

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

Regulatory Docket No. FAA‐2016‐______

PETITION OF VULCAN INC.

FOR EXEMPTION PURSUANT TO SECTION 333

OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

AND 14 CFR PART 11

Communications with respect to this document should be sent to:

David Bunker

Compliance Officer

Vulcan Inc.

505 Fifth Avenue South, Suite 900

Seattle, Washington 98104

Phone 206‐342‐2116

DavidB@vulcan.com

January 7, 2016

Aaron A. Goerlich

Jason E. Maddux

Garofalo Goerlich Hainbach PC

1200 New Hampshire Ave NW, Suite 590

Washington, DC 20036‐6802

Phone 202‐776‐3974

agoerlich@ggh‐airlaw.com

jmaddux@ggh‐airlaw.com

Counsel for Vulcan Inc.

   
1

PETITION OF VULCAN INC.

FOR EXEMPTION PURSUANT TO SECTION 333 OF THE

FAA MODERNIZATION AND REFORM ACT OF 2012 AND 14 CFR PART 11

Nature of Relief Requested

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 (Public Law

112‐95) and 14 CFR Part 11, Vulcan Inc., 505 Fifth Avenue South, Suite 900, Seattle, Washington

98104, petitions the Federal Aviation Administration for exemption from the requirements of

the Federal Aviation Regulations (FARs) listed below, and any other applicable regulations, to

the extent necessary to conduct commercial operations with any or all of the four small

unmanned aerial systems (UAS) identified in this application.  Vulcan’s commercial operations

will consist of aerial data collection.  Vulcan requests that the exemption issued in response to

this application remain in effect for a period of two years or until superseded by FAA

regulations applicable to the commercial operation of small UAS, whichever is sooner.

Exemption Requested from the Following Regulations

Vulcan Inc. (Vulcan) requests an exemption from the following FARs (14 CFR):

 §§ 61.23(a) and (c)  

 §§ 61.101(e)(4) and (5)

 § 61.113(a)

 § 61.315(a)  

 § 91.7(a)

 § 91.103(b)(2)

 § 91.105

 § 91.109

 § 91.119(c)

 § 91.121

 § 91.151(a)(1)

 § 91.405(a)

 § 91.407(a)(1)

 §§ 91.409(a)(1) and (2)

 §§ 91.417(a) and (b)

 Any other regulation deemed applicable.
2

Background of Exemption Request

Section 333 directed the FAA to consider whether certain UAS could operate safely in

the national airspace system (NAS) before completion of the rulemaking required under section

332 of Public Law 112‐95.  In this regard, FAA is required to determine which types of UAS do

not create a hazard to users of the NAS or the public or pose a threat to national security in

light of 1) the UAS’s size, weight, speed, and operational capability, 2) operation of the UAS in

close proximity to airports and populated areas, and 3) operation of the UAS within the visual

line of sight of the operator.  If FAA determines that such UAS may operate safely in the NAS,

FAA is directed to establish requirements for the safe operation of such UAS.

In prior exemptions granted to UAS operators, FAA has determined that the types of

unmanned aerial systems Vulcan proposes to operate under this exemption meet the criteria of

section 333 and, therefore, do not create a hazard to users of the NAS or the public or pose a

threat to national security.    FAA found additionally that such operations for aerial data

collection were in the public interest and that the operations, with appropriate conditions and

limitations, could be conducted with a level of safety equivalent to that provided by the rules

from which exemption is sought.   

Background of Vulcan Inc.

Vulcan is a Seattle‐based company engaged in diversified business, investment, and

philanthropic activities, managing and overseeing a broad array of projects and companies both

domestically and internationally.    Vulcan’s affiliates include Vulcan Real Estate, the Allen

Institute for Brain Science, the Flying Heritage Collection, and the Seattle Seahawks, to name a

few.  Vulcan is constantly innovating in‐house, serving as an incubator for fledgling inventions,

ambitious global campaigns, and new philanthropic efforts.

Vulcan pursues numerous projects and investments, whether commercial or

philanthropic, inspired by the ideas of its founder, Paul G. Allen.  Among these projects is the

development of technology employing one or more of the commercially available UAS
3

platforms identified in this petition for game management and wildlife conservation purposes.  

It is anticipated this Vulcan‐developed technology will ultimately become available for use in

the eradication of wildlife poaching, among other applications.   

  

Proposed Operations

Vulcan proposes to conduct commercial operations consisting of aerial data collection.  

In numerous UAS exemption decisions, the FAA has defined “aerial data collection” broadly to

include any remote sensing or measuring by one or more instruments aboard a UAS.  Examples

include imagery (photography, video, infrared, etc.), electronic measurement (precision

surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), and any

other gathering of data by instruments aboard a UAS.  Vulcan concurs in the FAA’s definition of

aerial data collection.   

Vulcan presently conducts limited noncommercial, developmental UAS activities,

exclusively under the auspices of the Lone Star Unmanned Aircraft Systems Center of

Excellence and Innovation (LSUASC).  These operations are confined to one or more of LSUASC’s

designated test sites established in response to the FAA’s 2013 initiative to integrate UAS into

the NAS, to which LSUASC responded.  As Vulcan’s game management and wildlife conservation

project progresses, however, it will be necessary for Vulcan to conduct UAS operations at

locations other than LSUASC’s test sites.  Since these upcoming Vulcan UAS operations may be

considered commercial, this petition for exemption is submitted.

Vulcan proposes to utilize any or all of the following small UAS under this exemption:

 DJI Phantom 3 Professional:    The Phantom 3 Professional is a quad rotor

unmanned aircraft equipped with four propellers each driven by an electric

motor powered by a rechargeable battery. The Phantom 3 Professional

measures 23.3 inches diagonally and has a weight of two pounds 13 ounces

including battery and propellers.  Additional information is attached as Exhibit 1

and is available at dji.com.    Vulcan has been advised the radio frequency
4

spectrum used for control of the Phantom 3 Professional complies with Federal

Communications Commission (FCC) requirements.

   

 Falcon Unmanned Falcon:    The Falcon is a fixed‐wing unmanned aircraft

equipped with a rechargeable battery‐powered electric motor driving a single

propeller. The Falcon has a wingspan of eight feet, length of 4.5 feet, and

operating weight of up to 11 pounds.    Additional information is attached as

Exhibit 2 and is available at falconunmanned.com.  Vulcan has been advised the

radio frequency spectrum used for control of the Falcon complies with FCC

requirements.

 UASUSA Tempest:  The Tempest is a fixed‐wing unmanned aircraft equipped with

a rechargeable battery‐powered electric motor driving a single propeller. The

Tempest has a wingspan of 10.5 feet, vehicle weight of 10 pounds and payload

capacity of up to 15 pounds.  Additional information is attached as Exhibit 3 and

is available at uasusa.com.    Vulcan has been advised the radio frequency

spectrum used for control of the Tempest complies with FCC requirements.

 UAV Solutions Talon 120LE:  The Talon 120LE is a fixed‐wing unmanned aircraft

equipped with a rechargeable battery‐powered electric motor driving a single

propeller. The Talon 120LE has a wingspan of 12.5 feet, length of six feet, and a

maximum operating weight of 20 pounds.  Additional information is attached as

Exhibit 4 and is available at uav‐solutions.com.    Vulcan has been advised the

radio frequency spectrum used for control of the Talon 120LE complies with FCC

requirements.

All of these UAS have operating weights far below 55 pounds including payload, and the FAA

has previously issued exemptions to operators of at least two of these and hundreds of other

types of UAS similar in size, weight, speed and operational capability.  See, e.g., Exemption No.

12646, August 28, 2015, covering 324 types of UAS.

Additionally, the FAA has found in the context of small UAS that 1) in accordance with

statutory criteria provided in section 333 of Public Law 112‐95 in reference to 49 USC § 44704,

and 2) in consideration of the size, weight, speed, and limited operating area associated with

these aircraft and their operation, a wide variety of UAS meet the conditions of section 333.  

The FAA has therefore consistently concluded that relief from 14 CFR Part 21, Certification
5

procedures for products and parts, Subpart H—Airworthiness Certificates, is unnecessary in this

context, as is relief from any associated noise certification and testing requirements of Part 36.

Vulcan will conduct its UAS operations in accordance with the policies and procedures

currently utilized at LSUASC test sites, as amended and supplemented by Vulcan’s internal UAS

operations manual currently being developed.1    The operations manual will require Vulcan’s

UAS pilots‐in‐command (PICs) to hold either an airline transport, commercial, private,

recreational, or sport pilot certificate and to meet the flight review requirements specified in 14

CFR § 61.56 in an aircraft in which the PIC is rated on his or her certificate.  PICs will also be

required to 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, or other territory or possession of the United

States.    Additionally, Vulcan anticipates the operations manual will require that all pilots

complete a UAS education and training program (for small UAS) including applicable FAA

regulations, the conditions and limitations of the UAS exemption issued to Vulcan, and

comprehensive instruction on the content of the manual itself.    Training also will include, as

appropriate, review of applicable FAA guidance documents including aeronautical background

information such as charts, NOTAMS, and Advisory Circulars, as well as radio communications

procedures, human factors, small UAS aerodynamics, and weather.

The operations manual will require PICs to conduct a thorough pre‐flight inspection to

ensure the UAS is in a condition for safe flight.    Vulcan will use experienced personnel or

technicians to perform maintenance, alterations, and preventive maintenance on the UAS using

the methods, techniques, and practices prescribed in the respective manufacturer’s manuals.  

Vulcan will document and retain all maintenance records for its UAS.   

                                                            

1

    The current policies and procedures utilized include mission planning, mission and technical risk

assessments, flight readiness review checklists, standard operating procedures, and briefing forms,

among others.   Vulcan considers the specific contents of policy and procedure documents as well as

Vulcan’s internal UAS operations manual to be proprietary.  Copies will be made available to the FAA for

its internal use upon request.
6

The operations manual will restrict the maximum operating speed of Vulcan’s UAS to

the lesser of the maximum recommended by the manufacturer or 87 knots (100 miles per

hour).    Similarly, it will restrict altitude to 400 feet above ground level, subject whenever

required to Vulcan’s receipt of a certificate of waiver or authorization.  Minimum flight visibility

and distance from clouds for Vulcan’s intended operations will be set at three statute miles and

500 feet below/2,000 feet horizontally, respectively.  

The areas of intended operations may be within 500 feet of unoccupied vessels, vehicles

or structures when the owner or party in control thereof grants permission for such operations.  

Prior to conducting any such operation, the PIC will make a safety assessment of the risk posed

by such operations in order to determine whether they present an undue hazard to persons or

property; in the event of an adverse determination by the PIC, the operations will not be

conducted.  Vulcan anticipates operating UAS in the proximity of airports when necessary, but

will do so only to the extent approval has been received from the airport operator.  The Vulcan

operations manual will also specify that PICs operate the UAS within visual line‐of‐sight at all

times, and that visual observers will supplement the PIC’s visual monitoring of the UAS.  

Equivalent Level of Safety

Vulcan submits that the requested relief is merited since it will have no adverse effect

on safety, and, indeed, will maintain a level of safety at least equivalent to that of operations

under the current regulatory structure applicable to conventional manned aircraft.    The four

small UAS described above each weigh no more than 25 pounds including payload.  In addition,

these UAS have numerous safety features, such as built‐in capability to limit the height of

operations above the ground, restrict the UAS’s distance from the operator, and exclude the

UAS from operating in Class B, C, or D airspace.  The UAS also have a failsafe autopilot function,

meaning if the aircraft loses communications or loses its GPS signal, it will return to a

predetermined location.
7

Vulcan will operate all UAS flights under the requested exemption over private or

controlled‐access property, and will do so only with the property owner's/controller’s prior

consent and knowledge.   Also, Vulcan will require that only persons who have consented or

otherwise have agreed, will be in the area where aerial data collection will take place.  Vulcan is

familiar with and understands the proper roles of an observer, communication procedures,

proper visual scan techniques, operations at non‐towered airports, and appropriate sections of

the FAA Aeronautical Information Manual.

Vulcan proposes to conduct its commercial UAS operations in accordance with the 32

FAA‐prescribed conditions and limitations typically applicable to similar UAS operations, which

are set forth in the attached Exhibit 5.    FAA has found consistently that these limitations

provide for a level of safety at least equivalent to that of operations under the current

regulatory structure applicable to conventional manned aircraft.   

Given the small size of the UAS involved here and the conditions and limitations that will

govern their use, maintenance, and operation, Vulcan submits that grant of this exemption will

achieve at least an equivalent level of safety and will meet the requirements and goals set forth

by Congress for commercial UAS operations under section 333 of Public Law 112‐95. These

same factors demonstrate that Vulcan’s UAS operations will present no national security issues.  

Additionally, Vulcan will comply with all aircraft registration requirements applicable to its UAS.   

Public Interest

Small UAS provide a low environmental impact and a highly efficient means of

performing aerial data collection.    The four UAS described above utilize battery power and

electric motors, producing no air pollution and very little noise, and consuming no fossil fuels.  

These UAS comprise a safe and economical alternative to the fixed‐ and rotary‐wing manned

aircraft traditionally utilized for aerial data collection.    By helping reduce the number of

manned aircraft operating in the NAS, grant of this exemption will help reduce noise and air
8

pollution, congestion at and around airports, and air traffic control saturation.  In short, use of

UAS for aerial data collection enhances safety while reducing risk.

Vulcan anticipates that its primary use of UAS will be for aerial data collection in support

of game management and wildlife conservation efforts.    This will involve the use of high‐

resolution cameras and lenses connected to a computing board utilizing Vulcan‐developed

software.  This proprietary software is being developed and refined by Vulcan experts to meet

the unique challenges and requirements of the mission described in this petition.    Vulcan

intends for this technology to ultimately become available for use in efforts to eradicate wildlife

poaching, among other applications.   

Availability of this innovative technology will significantly enhance game management

and wildlife conservation while contributing significantly to enforcement efforts against

unlawful wildlife poaching – all of which is beneficial to the public.  The four UAS mentioned

above, all powered by batteries, are far smaller, lighter, quieter, and more maneuverable than

manned aircraft burning combustible fuel.  The light weight and minimal payload of these UAS

allows for high quality aerial data collection without the risks to pilots, camera crew, and

persons on the ground associated with a fixed‐  or rotary‐wing manned aircraft.   And, UAS –

given their ability to operate quietly – will be an especially effective tool in enforcement against

wildlife poaching.

Vulcan’s proposed operations do not implicate privacy issues.  All UAS operations under

the requested exemption will be conducted in compliance with Vulcan’s operating manual, the

UAS manufacturer’s manual, the exemption conditions and limitations, and other applicable

restrictions.   Vulcan will operate its UAS only on property with the approval of the owner or

person in control of the property, only near airports pursuant to a letter of agreement with the

airport’s management or a Certificate of Waiver or Authorization issued to Vulcan, and only in

accordance with the restrictions noted above and applicable FARs.

Phantom 3 Professional - Specs, FAQ, Tutorials, Downloads and DJI GO... http://www.dji.com/product/phantom-3-pro/info#specs

1 of 8 1/7/2016 2:21 PM
AIRCRAFT CAMERA REMOTE GO APP SPECS VIDEOS DOWNLOADS FAQ

Phantom 3 Professional - Specs, FAQ, Tutorials, Downloads and DJI GO... http://www.dji.com/product/phantom-3-pro/info#specs

2 of 8 1/7/2016 2:21 PM
AIRCRAFT CAMERA REMOTE GO APP SPECS VIDEOS DOWNLOADS FAQ

Phantom 3 Professional - Specs, FAQ, Tutorials, Downloads and DJI GO... http://www.dji.com/product/phantom-3-pro/info#specs

3 of 8 1/7/2016 2:21 PM
FALCON — Falcon Unmanned http://www.falconunmanned.com/falcon-falcon/

4 of 4 1/7/2016 2:17 PM
Tempest Platform

• The	TEMPEST	Platform was	designed,	developed	and	fabricated	by	UASUSA	for	the	University	of	

Colorado,	has	5	years	of	service	and	60+	Certificate	of	Authorizations.

• Up	to	25	lbs.	payload	capacity,	your	choice	of	sensors.

• Vehicle	weight,	10	lbs.

• Payload	capacity, 10-15	lbs.

• Wing	span	127.0	inches.

• Endurance,	2	–	4	hours.	

• Cruise	speed,	50	mph.	Max	speed,	110	mph.

• Max	wind	capacity,	60	mph.

• Available	in	any	configuration	from	basic	airframe	to	mission	ready	system.	This	includes	autopilot,	

actuators,	motor,	speed	controller,	battery,	and	catapult	launch	system.	

• Rapid	mission	deployment	and	fully	portable.

• Has	operated	at	an	altitude	of	15,000	ft.	

• Efficient	electric	platform	with	fully	rechargeable	power	system.

• Full	design	capability	and	flight	consultation	available.

UASUSA.COM

229	Airport	Road,	East	Hangar

Longmont,	CO	80503
www.uavsolutions.com 8280 Patuxent Range Rd. Suite E · Jessup, MD 20794 · (Phone) 240-456-0195
UAV Solutions, Inc. is a woman-owned small business that designs, manufactures and delivers innovative unmanned systems. Our state-of-the-art facilities allow us to rapidly design, assemble, 

integrate and test high quality production systems. Helping our public and private sector customers fulfi ll their most important missions is our passion. UAVS products are export controlled and may 

require U.S. Government authorization prior to export or re-export.

Tactical GCS Portable GCS

The UAV Solutions, Inc. (UAVS) line of fi xed wing UAS, developed for military and commercial use, is built from 

7075 aircraft grade aluminum and composite materials. Our systems are designed for ease of use to accomplish 

long endurance missions. The UAVS-developed Dragon View combined electro-optic/infrared imager with pan and title 

stabilized gimbal was designed for these and other UAS. Our systems also have the capability to carry different ISR or 

multi-spectral sensors. We have adopted an open architecture philosophy for software and hardware components that 

provides customers with fl exibility for future product enhancement. UAVS designs and builds ground control systems 

for command and control of unmanned vehicles. These solutions range from a Portable Tactical Ground Control System 

(GCS) with three screens for mission planning and video viewing – ideal for larger aircraft and larger crews - to the 

Tactical GCS with two screens to a lower cost solution that is a communications radio which can be attached to an 

IP-based tough book or lap top. A common GCS can be used for UAVS fi xed wing and multi rotor platforms.

Features:

• Fully autonomous systems with multiple user modes

• Open architecture systems

• Comprehensive Operations and Maintenance Manuals including maintenance schedule and troubleshooting guide
Exhibit 5

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 Professional,

Falcon Unmanned Falcon, UASUSA Tempest, and UAV Solutions Talon 120LE 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 UAS 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 UAS be operated at airspeeds greater than the maximum UAS

operating airspeed recommended by the aircraft manufacturer.  

4. The UAS 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 UAS 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 UAS 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 the operator must petition for an amendment to its grant

of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if quesƟons 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, 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 UAS 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 Certificate of

Waiver or Authorization (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 UAS 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. For tethered UAS operations, the tether line must have colored pennants or streamers attached at

not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at

least one mile. This requirement for pennants or streamers is not applicable when operating exclusively

below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the

lighting of the structure.

19. 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.  

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

21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather

conditions) there is enough available power for the UAS to conduct the intended operation and to

operate after that for at least five minutes or with the reserve power recommended by the

manufacturer if greater.  

22. Air Traffic Organization (ATO) 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.  

23. 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.  

24. 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.  

25. The UAS must remain clear and give way to all manned aviation operations and activities at all times.  

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

27. 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.  
28. 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.  

29. 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 NaƟonal TransportaƟon 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.  

30. The operator must have a motion picture and television operations manual (MPTOM) for all closed‐

set operations as documented in this grant of exemption.  

31. 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 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.  

32. 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.