August 26, 2015

Exemption No. 12622 Regulatory Docket No. FAA

− 20 15

− 2474

Mr. Mark D. Dieckmann

3435 Linkwood Drive
Houston, TX 77025

Dear Mr. Dieckmann :

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 dated June 1, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to

conduct aerial photography, cinematography, and videography

.

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

the regulations that the petitioner seeks an exemption

.

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

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision +

.

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 the aircraft and its operation, the Secretary of Transportation

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21

, C ertification procedures for products and part s,2

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 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

− 20 14

− 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 peti tioner 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 i nterest.

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. Mark D. Dieckmann 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 operat e 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. Mark D. Dieckmann is hereafter referred to as the operator.

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

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 2

Vision + when weigh ing 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 airspe eds 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, 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. The4

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 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 com ponents, 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 certif icate.

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 VOs5

( traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training op erations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropri ate 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 visu al flight rules (SVFR) are not authorized.

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

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon 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 proh ibited 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 manufacturer if greater.

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

- issued COA. The exemption holder may apply for a new or amended COA if 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

num ber, 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.6

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 enforcem ent 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

tha t 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 nonparticipa ting 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 prop erty 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 vert ical boundaries of the operational 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

containe d 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.7

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 f

or 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 b e 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 August 31, 2017 , unle ss sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresJune 1, 2015

Mark D. Dieckmann
3435 Linkwood Drive Houston, TX 77025 Cell (832) 303 0014 Email: mdieckmann@g mail.com

U.S. Department of Tra nsportation Docket Management S ystem 1200 New Jersey Ave. , SE Washington, DC 20590

RE: Exemption Reques t Section 333 of the FA A Reform Act of 2012

References: 1) FAA Exemption No. 11138, Regulatory Doc ket No. FAA20140481 in the matter of the pet ition of DOUGLAS TRU DEAU 2) FAA Exemption No. 11136, Regulatory Doc ket No. FAA

– 2014

– 0508 in the matter of the petitio n of ADVANCED AVIA TION SOLUTIONS LLC 3) FAA Exemption No. 11080 Regulatory Dock et No. FAA20140355 in the matter of the pet ition of FLYING CAM IN C

Dear Sir or Madam,

In accordance with the FAA ’ s Guidelines for Submitti ng a Petition for Exemp tion

under section 333 of th e FAA Modernization a nd Reform Act of 2012 , I Mark D. Dieckmann, referred to hereafter as the petitio ner, request exemption from the following sections of Title 14, Co de of Federal Regulatio ns §§

61.113(a); 61.113(b); 9 1.119(c); 91.121; 91.15 1(a); 91.405(a); 91.407 (a)(1); 91.409 (a)(1); 91.409(a)(2); 91 .417(a) & (b);

In order to operate sma ll unmanned aircraft sy stems (UAS) commerc ially in airspace regulated by t he Federal Aviation Ad ministration (FAA) for t he purposes of aerial photography, cin ematography, videogra phy, and other flight op erations that could be performed safely an d more cost effectively with the use of small U AS at low altitude
within the U.S. nationa l airspace system as co mpared to a manned a ircraft. Operations will be performed only at the request of and w ith the authorization an d permission of

clients or their authoriz ed agents in order to fa cilitate commerce and raise awareness of

the beneficial uses of s mall unmanned air sys tems.

So long as such operat ions are conducted with in and under the condit ions

outlined herein or as m ay be established by th e FAA as required by S ection 333. The
conditions identified an d proposed by the petit ioner are drawn from re ferences 1-3.The FARs The petitioner seeks ex emption from the above mentioned FARs for th e following

reasons ;

61.113(a) & (b) ; The petitioner requests relief in order to facilita te the utilization of an e xperienced UAS operator with the addition of a trained ob server. All pre-flight ins pection, maintenance and flight logs will be saved and made available to the FAA and Secretary of Transportation (SoT ) for review; with the pu rpose of safely integrat ing civil UAS operation in the Nation al Airspace System.

91.119(c) As discussed in Exemp tion 11138 (DOUGLAS TRUDEAU), operation s conducted closer than 500 feet to the ground may require that the UA be operated
closer than 500 feet to essential persons, or o bjects that would not be possible without additional relief. The pe titioner requests modifi cation, waiver or exemp tion and clarification concerning the terms “ congested areas ” and “ densely populated ” . The petitioner requests wai ver for this condition to allow reasonable and responsible operations in areas of s ubdivisions and neighb orhoods if required. The petitioner will prima rily operate the UAS be tween ground level and 200 feet. The UAS will be operat ed over designated pro perties with the owner ’ s consent and while maintaining a saf e distance from person s. The petitioner will co mpile flight data from the logs. This data may assist the FAA in development of regulat ions for commercial operations in low-risk, controlled e nvironments.

91.121 As discussed in Exemp tion 11138 (DOUGLAS TRUDEAU) is inapplic able since
the UAS does not have an altimeter and instea d utilizes electronic GP S with a
barometric sensor for a ltitude information.

91.151(a) As discussed in Exemp tion 11136 (ADVANCE D AVIATION SOLUTIO NS LLC) prior relief has been gr anted for manned aircr aft to operate at less th an the prescribed minimums, including E xemption Nos. 2689, 57 45, and 10650. In addit ion, similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime,

VFR conditions. The U AS provides battery po wer remaining in perce nt to the PIC. The UA batteries provide ap proximately 25 minutes of powered flight. Infor mation provided in the operating docum ents discusses procedu res regarding remainin g battery power management. Those d ocuments contain a con dition in which the PIC will initiate a landing procedure whe n battery remaining rea ches a specified level. Given the limitations on proposed operations and the loc ation of those proposed operations, The
FAA found that a reduc ed minimum power res erve for flight in daytim e VFR conditions

was reasonable.

91.405(a); 91.407(a)(1 ); 91.409 (a)(1) & (2); 9 1.417(a) & (b)As discussed in Exemp tion 11138 (DOUGLAS TRUDEAU), The petiti oner proposes to inspect an d ensure that the UAS is in a condition for safe flight in accordance with the op erating documents. The FAA found that adhere nce to the petitioner ’ s operating documents and the conditions and limitations specified, d escribing the requirements for m aintenance, inspection, and recordkeeping, we re sufficient to ensure that safety wou ld not be adversely affe cted.

The UAS

The DJI Phantom 2 Vis ion Plus is a highly suc cessful consumer grad e small rotorcraft in the quadcopter configu ration with an advertise d weight of less than 44 Ounces (1242g) designed primarily to c arry aloft a high definiti on camera. It has an ad vertised maximum speed of less than 30 k nots (15m/s) and a max imum climb rate of less than 1200 feet per minute (6 m/s). It is powered by four electr ic motors with a distanc e between motors of less than 14 inches ( 350mm). It utilizes an in ternal inertial measurin g unit (IMU) with integrated barometric s ensor augmented with global positioning syste m (GPS) to maintain its geospatial orientation and position . It is controlled primari ly through an FCC certified radio control (R C) unit. Real time video and telemetry informat ion is transmitted back to a ground contro l station allowing the op erator and/or PIC to mo nitor battery level, GPS signal stren gth, altitude (AGL), dist ance from PIC, camera imagery, and control camera angle. I t has failsafe modes of operation for either los s of RC or GPS signal. Altitude ca n be limited by the onb oard flight controller an d maximum altitude can be preprog rammed by the PIC. Ba ttery life limits flight tim es to approximately 25 minu tes. The onboard flight controller will warn the pilot via telemetry and external lighting cu es before reaching a lo w battery state. An auto matic termination of flight and landing wil l be initiated when the b attery reaches a prede termined low state. It is anticipated th at flights will usually las t less than 12 minutes. More information

is available in attachme nt 1.

Risk mitigation The petitioner has revie wed FAA exemptions r eference ’ s 1-3 Conditions and

Limitations section and believes th at the procedures spec ified therein are reason able

and will be utilized in o rder to manage and mi tigate risk and ensure p ublic safety. A preflight checklist will b e developed and emplo yed to ensure that the U A airworthiness
will be verified before la unch. Airworthiness wil l be maintained by perf ormance of routine inspections bef ore each flight, maintai ning flight and mainten ance logs to record time on failure prone co mponents. These docu ments will be made ava ilable to the FAA
and SoT to assist in fut ure implementation of s afety standards and reg ulations. The petitioner will only oper ate the UAS over desig nated properties with th e owner ’ s consent. Flight plans w ill be predetermined to limit the UASs flight tim e and limit safety concerns. The petitione r will take into account distance from persons and potential flight obstacles prior to opera ting the UAS. UAS ope ration will always be wi thin VLOS of the
PIC and the observer.

Public interest
Use of the UAS in lieu of a manned aircraft wo uld enhance safety and reduce theenvironmental impact a s compared to similar o perations conducted w ith manned aircraft of greater proportions, carrying a crew and fla mmable fuel. Additiona lly, use of the UAS

in order to facilitate com merce could lead to ec onomic growth. Operat ions for this petition will enable serv ice for property owners or their designees see king an enhanced perspective for charact eristics, amenities, and benefits of their desire d photographic subjects that cannot be displayed through grou nd level videography/p hotography. Aerial photography is a valua ble marketing tool that can lead to increased c ommerce and enhance personal phot ography. Aerial surveyi ng and inspections can increase work site efficiency, improve volu metric estimations and reduce risks. The petiti oner will provide clients with photograph ic data for these purpos es on a ‘ for hire ’ basis acting as an independent contractor . A visual observer will be utilized. Flight data including UA flight time, Control Unit oper ation time, incident, acc ident, and details conce rning any
deviations from normal operations will be avai lable to FAA for use in collecting data regarding the use of UA S as part of this applica tion. This data may be submitted to FAA

via traditional means o r other means as requi red.

Conclusion The petitioner is reques ting this exemption for the purposes of “ aerial photography, cinemato graphy, videography, in spections and other flig ht operations ”

. The reason for such a general and broad bas ed request is that the p etitioner wishes to

utilize a business strate gy of horizontal integra tion and maximize econ omies of scope in order to capitalize on o pportunities as they ma y arise in the future wit hout the long

turnaround time associ ated with additional exe mptions. The petitioner 's business model
is based on the idea of offering ad hoc small U AS services to individu als or companies who wish to employ the se services as a safe, e ffective, and legal optio n to enhance their business or hobby . The petitioner has refr ained from engaging in commercial use of the UAS. The primar y purpose of seeking th is exemption is to obtai n the capability to
offer those services wh ile remaining in complia nce. The petitioner has 4 years of experience in the radio control model aircraft h obby.

Respectfully submitted

Mark D. Dieckmann