June 16, 2015

Exemption No. 11809 Regulatory Docket No. FAA

– 20 15

– 0484

Mr. Larry Bossone

MCS Communications

27 Bodine Road Berwyn, PA 19312

Dear Mr. Bossone :

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 posted February 27, 2015 , you petitioned th e Federal Aviation Administration (FAA) on behalf of MCS Communications ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct operations for viewing private properties for sales, evaluations, mortgage applications, maintenance, and related business intentions

.

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

the regulations that the petitioner seeks an exemption

.

Th e 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

.

Ai rworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2

.

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 in2

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 the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificate s , 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 and closed set motion picture and filming

. 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, MCS Communications is granted an exe mption 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 operate a UAS to perform aerial data collection and closed set motion picture and filming

. This exemption is subject to the conditions and

limitations listed below.

Conditions and Limitations

In this grant of exemption, MCS Communications is hereafter referred to as the operator.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 exempt ion are limited to the DJI Phantom 2 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 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 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 f eet 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 cert ificate 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 al ways maintains 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 desi gnation 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 sta ted 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. The4

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 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 affec t 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 ensu re 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.

, ino perable 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 conditi on 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. driv er’s license issued by a
state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal

G overnment. 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 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 maneu vers 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,

tr aining operations 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 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 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 airpor t 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 fr om 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. Th e 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 5 minutes or with the reserve

power re commended 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 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.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 enforcement official upon request.

24. The UA must remain clear a nd 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, v ehicles, 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 protectio n. 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 t rainees 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 authorized representative.

P ermission 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 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

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.

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) wi th 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 f or 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 certificate number of UAS PICs involve d 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 91.8

This exemption terminates on June 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

Enclosures1 Exemption Request for FAR 333

Larry Bossone

MCS Communications

27 Bodine Rd.

Berwyn, PA 19312

(610) 648

- 0385

mbossone27@gmail.com

MCS Communications request to s eeking exemptions from the following FAR Parts

in title 14 Code of Regulations

. Purpose: Using Remote Control Helicopter

– under 4 .4 lbs (2 kg.) . for viewing

private properties for sales, evaluations, mortgage applications, maintenance and

related business intentions

Following are Parts seeking an exem ption with abbreviation of rules and alternate

proposals for exemption

Part 21 Procedural requirements for fixed wing and changing design approval

production approvals, airworthiness certificates and airworthy approval

REASON REQUEST EXEMPTION: Size, weig ht, speed, limited operating area

See enclosed Specifications ** meets the equivalent level of safety under 14 CFR part

21 Subpart H.

45.23 (b) Registration numbers

REASON REQUEST EXEMPTION: Size of UAV makes it impossible to have 2”

lettering.

ALTERNAT E PROPOSAL: Lettering designed in accordance with 14 CFR part 47 and

having identification (N number) markings in accordance with 14 CFR part 45 (c) as

large as practicable.

61.133 Commercial Pilot. FAA has already granted exemptions for UAV operations

. Private pilot license is deemed sufficient for operation of UAV

. ALTERNATE PROPOSAL: Operator will be Private Pilot wit h currency as re quired by

14 CFR 61: 56; 61: 57 , as well as requirements under 14 CFR 61:51(b)2 91.7 No person may operate aircraft unless in airworthy condition

ALTERNATE PROPOSAL (see Assem bly and Flight Cautions taken from Phantom

manual (Proprietary

– Not for Publication)

91.9 (b) Flight Manual (see Flight manual

- Propriatary )

91.103 Preflight Actions :

Alternate Proposal (See Checklist : P ilot will perform all functions before beginning

flight

91.109 Dual Controls for flight instruction

-
Flight training will be accomplished at remote field approved by owner of location

. No persons allowed within 3 00 feet of operation except those required for safe

operation of training. (see training syllabus)

91.119 Minimum Safe Altitudes: All flights will be conducted below 400 feet AGL.

W ill operate only in safe areas away from public and traffic, thus providi ng a level of

safety at least equivalent to or better than full size of aircraft currently used for

these operations with weights of over 5000 lbs. AUV gross weight will weigh under

4 .4 lbs

. , carry no liquid fu el and operate under speeds of 3 0 mph.

91.121 Altimeter Settings: Regulation is inapplicable for this type aircraft. UAV

utilizes a GPS with barometric sensor.

91.151 (a) Fuel Req uirements

– Land with minimum 25 % battery power (indicated

on transmitter screen and video monitor)

91.203 (a) Appropriate airworthy certificate (See certificate DJI Specifications

Phantom 2 [Confidential])

91.405 Maintenance Required

Alternate Proposal: Pilot will inspect aircraft using DJI see Phantom Pilot Preflight

Checklist (Confidential)

. Pilot will perform minor main tenance such as replacements

of propellers, minor adjustments, weights and balance. Major modifications or

repairs will be performed by manufacturers representatives or per sons skilled in

electronics of Phantom 2

.

MCS Communications

- FAR 333 Exemption Request3 91:409 (a) (1) (2) Inspections (See above)

91.417 Maintenance Records

– Owner will keep log of all maintenance performed.

MCS Communications request exemptions for the above items for the purpose of

operating a UAV for close set fil ming for t he motion picture and television industry.

The flights will be below 400 feet AGL and not exceed a ground speed of 40 knots.

The aircraft will be the DJI Phantom 2. A ircraft will not exceed 4 .4 pounds (see

specifications ).

The aircraft will be operate d within visual line of sight of the PIC at all times. All

operations will consist of a Phantom operator and separate camera

- pers on to

operate the camera gimbal . All person s shall be able to communicate at all times

while aircraft is operating.

The a ircraft will only operate in a “sterile area” not be operating within 3 00 ft. of

non

- participating persons except those consenting to be involved and neces sary

for the production. A n aviation safety inspector may approve a smaller radius

consistent with safety requirements.

MCS Commun ications will submit a written “ Plan of Activities ” to FSDO 3 days

before the proposed shoot.

MCS Communications will obtain the consent of all persons involved in the filming

and insure that only consenting persons are all owed within 100 ft. of the flight

operation and this radius may be reduced based upon an equivalent level of safety.

However, t he advanced permission of the relevant FSDO, operation at closer range

can be approved.

Written and/or oral permission from the relevant property holders will be obtained.

MCS Communications

- FAR 333 Exemption Request4 A briefing will be held before each flight. All persons involved in the filming must be

present and understand the purpose and parameters of flight.

The aircraft will be available with an emergency return to home condition in case of

failure of all components.

Using a UAV for companies involved in sales, maintenance, inspection and

evaluation of property, provides a safer and more economical method of obtaining

information

. Pictures from a UAV would allow inspections of the construction from

areas not available at ground level. Aerials for sales would provide an overview of

the house and grounds. In al l cases UAV coverage would be more cost effecti ve.

Aerials would provide p otential clients a better picture of the building and grounds.

Because of it’s smaller size and operating in a restricted area, our UAV will give

business a safer tool for aerials of buildings and land

. A standard fixed wing or

helicopter flying over the same area would be more costly, nosier and dangerous

. Based on all above MCS Communications request an exemption under Section 333 p

NOTE:

The accompanying manuals marked ‘C onfidential ’ contain proprietary information

that ha s not and will not share with the public and are protected from release under

Freedom of Information Act 5 USC 552 et.sc

Check List and Training Syllabus may be modified slightly as safety conditions

warrant better methods of providing safety and training

.

MCS Communications

- FAR 333 Exemption Request