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IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

STRAWBERRY PRODUCTIONS LLC

DBA; FLYING BERRY PRODUCTIONS

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIRMENTS 

OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121;

91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

Submitted on 1/23/2015

By,

Edward Reid Hanson

Strawberry Productions LLC

DBA, Flying Berry Productions

(813) 732.4582
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Table of Contents

Summary ...............3

Introduction to Petitioner .......... 3

The UAV Phantom II ...... 3

Basis for Petition ..... 4

A. Name and Address of Petitioner ............ 4

B. The Specific Sections of 14 C.F.R. From Which Strawberry Productions LLC Seeks 

Exemption .............. 4

C. The Extent Of Relief That Strawberry Productions LLC Seeks ......... 8

D. The Reasons Why Granting Strawberry Productions LLC Request Would Be In 

The Public’s Interest ...............12

E. The Reason Why Granting The Exemption Would Not Adversely Affect Safety... 13

F. Additional Information ..................................14

G. Summary to be Published in Federal Register ..................15

Conclusion ...........................15
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SUMMARY

STRAWBERRY PRODUCTIONS LLC, which is Doing Business As (DBA) 

Flying Berry Productions, seeks exemptions from Title 14, Code of Federal 

Regulations §§ 61.113 (a) and (b), 91.7 (a), 91.119, 91.121, 91.151 (a), 91.405 (a), 

91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b) to operate a DJI 

PHANTOM II UAS. This exemption will allow Strawberry Productions LLC to 

operate an Unmanned Aerial Vehicle commercially for the purpose of conducting

aerial videography and photography in the real estate and construction markets of 

Florida and Southern Georgia. These images and videos will provide community 

awareness and geospatial understanding.

INTRODUCTION TO PETITIONER

STAWBERRY PRODUCTIONS LLC, is a real estate videography and 

photography company specializing in producing high quality results for clients 

who want digital displays of MLS listings. STRAWBERRY PRODUCTIONS 

LLC seeks relief to use a Phantom II quad-copter to commercially capture video of 

listings while working on private property. STRAWBERRY PRODUCTIONS 

LLC will utilize a Visual Observer (V.O.) while maintaining Visual Line of Sight 

(V.L.O.S.) between the quad-copter and a UAV operator who will have a current 

private pilots license. 

The UAV PHANTOM II

The DJI Phantom II is a quad-rotor Unmanned Aircraft System (UAS) weighing 

less than 3 pounds. The Phantom II UAS that STRAWBERRY PRODUCTIONS 

LLC will be responsible for also utilizes a mobile ground station. The UAS 

features a safety Return to Home function that in the event of a signal loss, the 
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UAS will return to a preset position and land. The Return to Home feature can also 

be triggered manually. PHANTOM 2 uses a 2.4GHz RC system. To avoid 

communication interference, STRAWBERRY PRODUCTIONS LLC will not use 

other 2.4GHz devices (including 2.4G Wi-Fi or 2.4G wireless video transmission 

module) except the 2.4G Bluetooth and 2.4G Datalink. The Phantom II can fly at 

approximately 30kts. Flying Berry Productions has no need to operate at a speed 

greater than 10kts. The Phantom II is powered by a single Lipo battery. This 

battery gives the Phantom II an approximate 15 minutes worth of flight time with 

its attached payload of a Go Pro HERO 3+ camera and the associated gimbal that 

connects the camera to the quad-copter.

BASIS FOR PETITION

STRAWBERRY PRODUCTIONS LLC pursuant to the provisions of the Federal 

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform 

Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby petitions the Administrator to operate the DJI PHANTOM II UAS within 

the National Airspace System, and for an exemption from the requirements of 14 

C.F.R. §§ 61.113 (a) and (b), 91.7 (a), 91.119, 91.121, 91.151 (a), 91.405 (a), 

91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b).

A. Name and Address of The Petitioner

STRAWBERRY PRODUCTIONS LLC

23939 Crescent Parke Court

Fernandina Beach, FL. 23034

flyingberryproductions@gmail.com
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B. STRAWBERRY PRODUCTIONS LLC Requests Relief from the 

Following Sections of 14 C.F.R.

1. Sections 61.113, entitled Private pilot privileges and limitations: Pilot in 

Command, Subsections (a) and (b) prescribed the following, in part:

(a) No person who holds a private pilot certificate may act as a pilot in 

command (PIC) of an aircraft that is carrying passengers or property 

for compensation or hire; nor may that person, for compensation or 

hire, act as PIC of an aircraft. 

(b)A private pilot may, for compensation or hire, act as PIC of an aircraft 

in connection with any business or employment if –

(1)The flight is only incidental to that business or employment and

(2)The aircraft does not carry passengers or property for 

compensation or hire.

2. Section 91.7, entitled Civil airworthiness, subsection (a), states the 

following:

(a) No person may operate a civil aircraft unless it is in an airworthy 

condition.

3. Section 91.119, entitled Minimum Safe Altitudes: General

Except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes:

(a) Anywhere, An altitude allowing, if a power unit fails, an emergency 

landing without undue hazard to persons or property on the surface.

(b)Over congested areas. An altitude of 1000 feet above the highest 

obstacle within a horizontal radius of 2000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those 

cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle or structure.

(d)Helicopters, powered parachutes, and weight-shift-control aircraft. If 

the operation is conducted without hazard to persons or property on 

the surface—
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(1)A helicopter may be operated a t less than the minimums 

prescribed in paragraph (b) or (c) of this section, provided each 

person operating the helicopter complies with any routes or 

altitudes specifically prescribed for helicopters by the FAA; and

(2)A powered parachute or weight-Shift-Control aircraft may be 

operated at less than the minimums prescribed in paragraph © of 

this section.

4. Section 91.121, entitled Altimeter Settings, subsection (a), states the 

following, in relevant part:

(a) Each person operating an aircraft shall maintain the cruising altitude 

of flight level of that aircraft, as the case may be, by reference to an 

altimeter that is set, when operating—

(1)Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the 

route and within 100 nautical miles of the aircraft;

(ii) If there is not station within the area prescribed in paragraph 

(a)(1)(i) of this section, the current reported altimeter setting 

of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the

elevation of the departure airport or an appropriate altimeter 

setting available before departure;

5. Section 91.151, entitled Fuel requirements for flight in VFR conditions, 

subsection (b), states the following:

(b)No person may begin a flight in a rotorcraft under VFR conditions 

unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 20 minutes.

6. Section 91.405, entitled Maintenance required, subsection (a) stated the 

following: 

Each Owner or Operator of an Aircraft-

(a) Shall have that aircraft inspected as prescribed in subpart E of this part 

and shall between required inspection, except as provided in 
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paragraph (c) of this section, have discrepancies repaired as prescribed 

in part 43 of this chapter. 

7. Section 91.407(a)(1), entitled Operation after maintenance, preventive 

maintenance, rebuilding, or alteration, subsections (a)(1), states the 

following: 

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

(1)It has been approved for return to service by a person authorized 

under §43.7 of this chapter. 

8. Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may 

operate an aircraft unless, within the preceding 12 calendar months, it 

has had—

(1)An annual inspection in accordance with part 43 of this chapter 

and has been approved for return to service by a person authorized 

by § 43.7 of this chapter; or

(2)An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 

9. Section 91.417, entitled Maintenance Records, subsections (a) and (b), 

state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, 

each registered owner or operator shall keep the following records for 

the periods specified in paragraph (b) of this section:

(1)Records of the maintenance, preventive maintenance, and alteration 

and records of the 100-hour, annual, progressive, and other required 

or approved inspections, as appropriate, for each aircraft (including 

the airframe) and each engine, propeller, rotor, and appliance of an 

aircraft. The records must include—
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(i) A description (or reference to data acceptable to the Administrator) 

or the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service

(2)Records containing the following information:

(i) The total time in service of the airframe, each engine, each 

propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft 

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time 

since the last inspection required by the inspection program under 

which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the 

AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action, the time and date when 

the net action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, 

rotors, propellers, and appliances.

a. The Owner or operator shall retain the following records for the 

periods prescribed:

(1)The records specified in paragraph (a)(1) of this section 

shall be retained until the work is repeated or 

superseded by other work or for 1 year after the work is 

performed.

(2)The records specified in paragraph (a)(2) of this 

sections shall be retained and transferred with the 

aircraft at the time the aircraft is sold.

(3)A list of defects furnished to a registered owner or 

operator under § 43.11 of this chapter shall be retained 

until the defects are repaired and the aircraft is 

approved for return to service. 
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C. The Extent Of Relief That STRAWBERRY PRODUCTIONS LLC

Seeks

1. Extent of Relief that Strawberry Productions LLC Seeks Regarding 

Section 61.113 (a) and (b) Private Pilot Privileges and Limitations

Relief from Section 61.113 (a) and (b) is requested to allow a Pilot in 

Command holding a current Private Pilots Certificate to operate the 

Strawberry Productions Phantom II. The flight would be complimented by a 

Visual Observer who, along with the pilot, will maintain Visual Line of 

Sight with the Phantom II at all times. All operations conducted will be 

incidental to Strawberry Production’s business. The Phantom II is not able to 

carry passengers.

2. Extent of Relief that Strawberry Productions seeks in Regards to Section 

91.7(a) Civil Aircraft Airworthiness

Relief from Section 91.7(a) is requested to allow Strawberry Productions to 

determine airworthiness of the Phantom II. As part of this determination the 

following will be adhered to:

a. Prior to the Phantom II’s flight the PIC will inspect the UA to ensure it is 

in a condition that will be conducive for a safe flight. The ground control 

station will be included in the above inspection. 

b. Strawberry Productions will follow the DJI Phantom II’s 

aircraft/component, maintenance, overhaul, replacement, inspection and 

life limit requirements. 

c. Strawberry Productions will comply with all DJI manufacturer Safety 

Bulletins.

3. Extent of Relief that Strawberry Productions seeks in Regards to Section 

91.119 Minimum Safe Altitudes General
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Relief from 91.119 is requested to allow Strawberry Productions to 

operate the Phantom II at altitudes not to exceed 400’ AGL over private 

property at a distance at or greater than 5NM from the nearest airport as 

depicted on current Aeronautical Charts. Strawberry Productions also 

wishes to be granted exemption to operate at an altitude not greater than 

50’ AGL (below tree level) between 1NM and 5NM from the nearest 

airport as depicted on current Aeronautical Charts. 

Strawberry Productions will adhere to the following in order to maintain 

an acceptable level of safety associated with operations over private 

property:

(a) Strawberry Productions will display signs in the immediate vicinity of 

operations stating: “Aerial Photography In Progress. Use Caution.”

(b)Strawberry Productions will not allow the Phantom II to operate at a 

speed greater than 10kts.

(c) Strawberry Productions will require the UAS operator (PIC) to be 

fully trained on the Phantom II by adhering to the recommendations 

contained within the Phantom II’s operating manual.

(d)Strawberry Production’s UAS operator (PIC) will have accumulated 

and logged, in a manner consistent with 14 CFR 61.51(b), a minimum 

of 25 hours of total time as a UAS rotorcraft pilot including at least 10 

hours logged as a UAS pilot with a multi-rotor UAS. In addition the 

operator will have logged a minimum of 5 hours as a UAS pilot 

operating the make and model UAS that Flying Berry Production 

operates.

(e) Strawberry Production’s UAS operator (PIC) will be familiar with and 

able to manually institute the Phantom II’s Return to Home (RTH) 

feature. This feature aborts a flight operation and automatically 

returns the UAS to a predetermined GPS safe point.

(f) Strawberry Production’s UAS operator (PIC) will not operate over 

private property without first finding a suitable alternate landing spot 

on the property. 

(g)Strawberry Production’s UAS operator (PIC) will abort the flight in 

the event of unpredicted obstacles or emergencies in accordance with 

the operating documents.
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(h)Strawberry Productions will utilize a two man flight team consisting 

of the Pilot in Command (PIC) and a Visual Observer (VO). This 

team will maintain visual line of sight with the Phantom II at all times 

and remain within hearing of one another. 

(i) Strawberry Productions will not permit flight around vessels, vehicles 

and structures without permission from the owner.

4. Extent of Relief that Strawberry Productions Seeks in Regards to Section 

91.121 Altimeter Settings

Relief from 91.121 is requested because the Phantom II utilizes 

electronic GPS with a barometric sensor. 

In order to maintain an equal level of safety that 91.121 requires, the PIC 

of the Strawberry Productions UAS will abort the flight in the events that 

the UA loses communications with the GPS signal.

5. Extent of Relief that Strawberry Productions Seeks in Regards to Section 

91.151(b) Fuel Requirements for Flight in VFR Conditions

Relief from 91.151(b) is requested to the extent that allows Strawberry

Productions to operate the Phantom II up to a point (considering wind 

and forecast weather conditions) that there is enough power to fly at 

normal cruising speed to the intended landing point and land the UA with 

30% battery power remaining. 

6. Extent of Relief that Strawberry Productions Seeks in Regards to 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1), and (a)(2), 

91.417(a) and (b) These are all associated a with Airworthiness 

certificate

Relief from 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is 

requested to the extent that allows Strawberry Productions to operate the 

Phantom II Quad-Copter as necessary. These sections are all related to 

airworthiness certificates of aircraft. There is not currently an 
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airworthiness certificate for small UAS’s. Strawberry Productions would 

comply in full to any conditions and limitations that the Administrator 

would place in order to receive an approved Grant of Exemption.

D. THE REASONS WHY GRANTING THE EXEMPTION WOULD BE 

IN THE PUBLICS INTEREST

1) Aerial photography lends a unique perspective to the viewer. The angles 

of capture show areas that are not able to be seen by an earthbound 

photographer. This type of photography has been used for some time by 

real estate agencies and construction firms. Unfortunately though, it is 

often cost prohibitive for small business. The expensive fees demanded 

by traditional aerial photography outfits has often given large firms an 

advantage. With a Grant of Exemption from the Administrator, 

Strawberry Productions can be of immense benefit to small business by 

providing affordable aerial photography.

2) The granted use of aerial photography by Strawberry Productions would 

assist the public by allowing them to form a geospatial perspective and 

academic understanding of the area surrounding the subject of their 

interests. This would certainly help the clients of Strawberry Productions 

garner business and therefor would directly have a positive effect upon 

the economy.

3) The risk associated with UAS aerial photography is less than the risk 

associated with traditional aerial photography. The UAS that Strawberry 

Productions incorporates weighs less than 3lbs. This UAS is also fueled 

by a single battery. The amount of damage that may occur in the event of 

an incident or accident is substantially less than that which may occur in 

the event of an incident or accident involving the traditional form of 

aerial photography. Traditional aerial real estate photographers rely upon 

full size aircraft operating a low altitudes and with a full load of 
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combustible fuel. Responsible UAS operations are inherently in the 

public’s interest. 

E. The Reason Why Granting The Exemption Would Not Adversely Affect 

Safety. 

Strawberry Production’s high level of professionalism and desire to set the 

standard for successful and safe UAS real estate operations squarely 

coalesces with the FAA’s safety mission. In addition, Strawberry 

Productions will strictly follow the conditions and limitations of the FAA 

Grant. Some procedures that Strawberry Productions has or will have in 

place include:

a) Standard Operating Procedures (SOP); which will include a pre-flight 

checklist, airworthiness inspection by the Pilot in Command, signage 

depicting a notice of aerial photography in progress, and NOTAMS 

issued 48 hours in advance of a flight.

b) During flight operations, Strawberry Productions will utilize a two person 

team consisting of the Pilot in Command and a Visual Observer. All 

operations will remain within line of sight of the UAS team.

c) The UAS will at all times have the GPS Return to Home safety feature 

activated. In the event of a “loss of signal” or if the Pilot in Command 

deems it necessary the UAS will return to a preset position and land. 

d) In the event that the aerial photography safety zone is violated, the Pilot 

in Command will abort the mission and return to the safe landing zone. 

e) Strawberry Productions will only operate the UAS over private property 

with the permission of the property owner and will stay a safe distance 

away from vehicles, structures and people.
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f) As Federal guidelines are developed, Strawberry Productions will stay up 

to date and within compliance of all changes. 

F. Additional Information

This Petition is made pursuant to the FAA Modernization and Reform Act of 

2012 (FMRA) Section 333, which directs the Secretary of Transportation to 

determine if certain UAS may operate safely in the NAS. Strawberry 

Productions commitment to being at the forefront of the rapidly emerging 

UAS commercial use sector is second only to their commitment to operating 

responsibly. Flying Berry Production’s owner, Edward Hanson, is a graduate 

of Embry-Riddle Aeronautical University. Mr. Hanson holds a 

private/instrument single engine land certificate and will be the primary Pilot 

in Command of the Phantom II UAS that Strawberry Productions will use in 

the Real Estate/Construction markets. This added investment of not only 

being the Pilot in Command but also the owner of the company, gives 

Strawberry Productions a commitment to safety and excellence that will lead 

it to becoming the flag bearer for small business UAS use. 

Strawberry Productions will obtain an Air Traffic Organization (ATO) 

issued Certificate of Waiver or Authorization (COA) prior to conducting any

operations under this grant of exemption.

All aircraft operated by Strawberry Productions, in accordance with this 

exemption, will be identified by serial number and registered in accordance 

with 14 CFR part 47. Flying Berry Productions will comply with making 

November markings in accordance with 14 CFR part 45, Subpart C. The 

November markings placed upon the Strawberry Productions Phantom II 

UAS will be as large as practical. 

Attached are the Operating Manual and Quick Start Manual that are used in 

conjunction with the Strawberry Productions Standard Operating 

Procedures.
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G. Summary to be Printed in Federal Register

Strawberry Productions LLC requests exemption from TITLE 14 OF THE 

CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 

91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 

(a) (1) and (2); 91.417 (a) and (b). Flying Berry Productions requests relief 

from these sections from the FAA Administrator per the intentions of the 

FAA Moderation and Reform Act of 2012 so that Strawberry Productions

LLC can produce photography and video for clients within the real estate 

and construction markets.

CONCLUSION

As set forth herein, Strawberry Productions LLC seeks an exemption 

pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization 

and Reform Act of 2012 (FMRA), which will permit safe operation of the 

DJI Phantom II UAS commercially within the Real Estate and Construction 

markets. The Administrator will be assisting small business by granting this 

petition. In accordance with the FAA Modernization and Reform Act of 

2012, Flying Berry Productions respectfully requests that the FAA 

Administrator grants this petition for exemption from TITLE 14 OF THE 

CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 

91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 

(a) (1) and (2); 91.417 (a) and (b)
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