February 18 , 2016

Exemption No. 11599A

Regulatory Docket No

. FAA− 20 15

− 0506

Mr. Christopher Alan Frank

FlyBy Imagery Marketing

9206 Timber Knoll Drive

College Station, TX 77845

Dear Mr. Frank :

This letter is to inform you that we have granted your petition for an amendment. It explains

the basis for our decision, describes its effect, and lis ts any changes to the original conditions

and limitations.

By letter dated October 7, 2015

, you petitioned the Federal Aviation Administration (FAA) on

behalf of FlyBy Imagery Marketing (hereinafter petitioner or operator) for an amendment to

your current exemption . That exemption from §§ 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) of Title 14, Code of Federal Regulations (14 CF R)

allows the petitioner to operate a UAS to perform aerial data collection

. You requested an

amendment to add the DJI Phantom 3 Professional

.

In your petition, you indicate that there has been no change in the conditions and reasons

relative to public i nterest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested amendment to the exemption would not set a

precedent, and any delay in acting on this pe tition would be detrimental to the petitioner

. T he

unmanned aircraft authorized in the original grant are comparable in type, size, weight, speed

and operating capabilities to those in this petition

.

Airworthiness Certification

In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited

operating area associated with the aircraft and its operation, the Secretary of Transportation

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA2

finds that relief from 14 CFR part 21, C ertification procedures for products and parts,

Subpart H

— Airworthiness Ce rtificates , and any associated noise certification and testing

requirements of part 36, is not necessary.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11599

remains valid and is in the public interest. Therefore, under the authority contained

in 49 U.S.C

. 106(f), 40113, and 44701, delegated to me by the Administrator, the operator is

granted an amendment to add new aircraft to its UAS operations.

The operato r shall add this amendment to its original exemption.

Conditions and Limitations

All conditions and limitations within Grant of Exemption No. 11599 remain in effect except

as follows. Condition No. 1 has been updated to reflect the additional aircraft

.

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+ and DJI Phantom 3 Professional 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.

T his exemption terminates on May 31, 2017 , unless soo ner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan

Director, Flight Standards Service