In the matter of the petition of HD BROS. LC

Daniel Clifton

820 North Pollard Street 

Arlington VA, 22203

for an exemption from part 21;

§§ 45.23(b); 61.113(a) and (b); 91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 

91.203(a) and (b); 91.405(a); 91.407(a)(1);

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

of Title 14, Code of Federal Regulations 

By letter dated December 18th, 2015, HD BROS. LC, 21 Princess Street, Stafford VA 22556 

petitioned the Federal Aviation Administration (FAA) for an exemption from part 21, §§ 

45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 

91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code 

of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow operation of 

unmanned aircraft systems (UAS) for the purpose of photographing real estate and land. 

The petitioner requests relief from the following regulations: 

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design 

approvals, production approvals, airworthiness certificates, and airworthiness approvals. 

Section 45.23(b) prescribes, in pertinent part, that when marks include only the Roman capital 

letter “N” and the registration number is displayed on limited, restricted or light- sport category

aircraft or experimental or provisionally certificated aircraft, the operator 

AFS-14-320-E 

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in 

letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” 

“light-sport,” “experimental,” or “provisional,” as applicable. 

Section 61.113(a) and (b) prescribes that—
(a) no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command 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.

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is 

in an airworthy condition. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in 

the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. 

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning a 

flight, become familiar with all available information concerning that flight, to include—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot be 

completed, and any known traffic delays of which the pilot in command has been advised 

by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff 

and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing distance 

data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable 

information appropriate to the aircraft, relating to aircraft performance under expected values of 

airport elevation and runway slope, aircraft gross weight, and wind and temperature. 

Section 91.109 prescribes, in pertinent part, that no person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls. 

Section 91.119 prescribes that, 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. Over any congested area of a city, town, or settlement, or over 

any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle 

within a horizontal radius of 2,000 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—

(1) A helicopter may be operated at 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 (c) of this section.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.”

Section 91.151(a) prescribes that no person may begin a flight in an airplane 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, (1) during the day, to 

fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. 

[emphasis added] 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it 

has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. 

registration certificate issued to its owner or, for operation within the United States, the second 

copy of the Aircraft Registration Application as provided for in § 47.31(c). Section 91.203(b) 

prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness 

certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected as prescribed in subpart E of the same part and shall, between required 

inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired 

as prescribed in part 43 of the chapter. 
Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under § 43.7 of the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) 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—

(i) (Administrator) of 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 next 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. 

(b) 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 section 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. 

The Petitioner seeks relief in order to photograph residential properties for sale, and provide 

service for agents and buyers. HD BROS. LC believes there is public interest photographing 

properties, and would provide benefit towards persons interested in purchasing home. High 

demand from realtors, home sellers and home buyers for aerial photography.

The Petitioner exemption would not adversely affect safety, because UAS operation would be 

held entirely on private properties, operated within line of sight of pilot. UAS would not be 

directly flown over any persons, only over home and surrounding property. 

Summary

HD BROS. LC is requesting exemption for 14 CFR 11.81 in order to operate UAS for 

commercial use photographing real estate.

Unmanned Aircraft System

The UAS proposed by the petitioner is a proprietary design, conceived and constructed by

Astraeus Aerial, and referred to as the Astraeus Aerial Cinema System V.3CS UAS aircraft 

variant, serial #001 onward (hereafter referred to as V.3). This aircraft has eight rotors and eight 

motors in a quadcopter configuration (X8). The petitioner states that given the size, weight, 

speed, and limited operating area associated with the aircraft to be utilized by the applicant, an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates), subject to certain 

conditions and limitations, is warranted and meets the requirements for an equivalent level of 
safety under 14 CFR part 11 and Section 333 of the FAA Modernization and Reform Act of 

2012 (PL 112-95). The petitioner further states that UAS operated without an airworthiness 

certificate in the restricted environment and under the conditions and limitations proposed by the 

petitioner will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate issued under 14 CFR part 21, Subpart H and not

subject to the proposed conditions and limitations. 

The petitioner states that the unmanned aircraft (UA) to be operated under this request is less 

than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area as set out in the MPTOM. In addition, the petitioner has integrated safety 

features into the design of the UAS, as described in the petitioner’s FOPM, to ensure the safety 

of persons and property within and surrounding the limited operating area. The petitioner further 

describes that, in the event the UAS loses communications or its GPS signal, the UA will have 

the capability to return to a pre-determined location within the Security Perimeter and land. It

will also have the capability to abort a flight in the event of unpredicted obstacles or 

emergencies. 

The petitioner states that even though its UAS will have no airworthiness certificate, an 

exemption may be needed from 14 CFR § 45.23 as the UA will have no entrance to the cabin, 

cockpit, or pilot station on which the word “experimental” can be placed. Given the size of the 

UA, the petitioner notes that the two-inch lettering will be impossible. The petitioner asserts that 

an equivalent level of safety will be provided by having the UA marked with the word 

“experimental” on the fuselage in compliance with 14 CFR § 45.29(f), in a location where the 

pilot, observer, and others working with the UA will see the identification. 

The petitioner states that the maintenance requirements in the pertinent sections of 14 CFR part 

91 are only applicable to aircraft with an airworthiness certificate in accordance with part 43. 

The petitioner states that its V.3 UAS does not have specific maintenance instructions; therefore 

the petitioner has developed and documented in its MPTOM and FOPM an “on- condition” 

maintenance process for the V.3 UAS affected by this exemption. The petitioner has also stated 

that it intends to follow any manufacturers’ recommended instructions and procedures when 

those procedures exist for certain components of its V.3 UAS. 

UAS Operating Parameters 

The petitioner states that all flights will be operated within visual line of sight (VLOS) of a pilot 

and/or observer, and that the UA flights will be limited to a maximum altitude of 400 feet AGL. 

The petitioner further states that an operator will ensure that only consenting production 

personnel will be allowed within 100 feet of the UA operation, but this radius may be reduced to 
30 feet based upon an equivalent level of safety determination, as stated in their MPTOM, with 

the advance permission of the local Flight Standards District Office (FSDO). The petitioner 

asserts that an equivalent level of safety can be achieved given the size, weight, 

and speed of the UAS, as well as the location where it is operated. The petitioner states that the 

UAS will be operated within a safe operating perimeter, the boundaries of which will be 

determined by production personnel and the UAS PIC based on the site-specific filming 

activities and speed of the UAS required for the operation, and coordinated with the 

jurisdictional FAA FSDO and local government officials as applicable, as outlined in the 

MPTOM and FOPM. The petitioner states that only participating and consenting production 

personnel will be allowed within this perimeter; the petitioner also states their intention to 

comply with the guidelines outlined in Order 8900.1 V3, C8, S1 with regard to nonparticipating 

personnel outside the safety perimeter. The petitioner argues that, compared to flight operations 

with aircraft or rotorcraft weighing far more than its maximum 55 lb. UA, and the lack of 

flammable fuel, any risk associated with its UAS operations is far less than those with 

conventional aircraft operating at or below 500 feet AGL in the movie industry. 

With respect to preflight actions, the petitioner notes it may need an exemption from 14 CFR § 

91.103, because it will not have approved rotorcraft flight manuals. The petitioner asserts that an 

equivalent level of safety will be achieved by the PIC taking all preflight actions as set forth in 

their MPTOM and FOPM, including reviewing weather, flight battery requirements, landing and 

takeoff distances, and aircraft performance data before initiation of flight. Additionally, the 

petitioner states that a briefing will be conducted prior to each day’s filming regarding planned 

UAS operations, and all personnel who will be performing duties within the boundaries of the 

safety perimeter will be required to attend. 

With respect to the fuel requirements, the petitioner notes that, in order to meet the 30 minute 

reserve requirements in 14 CFR § 91.151, UAS flights would have to be limited to 

approximately 10 minutes. The petitioner argues that, given the limitations on the UA’s proposed 

flight area and the location of its proposed operations within a predetermined area, a longer time 

frame for flight in daylight or night VFR conditions is reasonable. The petitioner believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery 

power, whichever occurs first. 

The petitioner notes that it may need an exemption from 14 CFR § 91.121, as its UAS may have 

a GPS altitude read out instead of a barometric altimeter. The petitioner asserts that an equivalent 

level of safety will be achieved, as outlined in its MPTOM. Specifically, the altitude information 

will be provided to the UAS PIC via a digitally encoded telemetric data feed. Prior to each flight, 

a zero altitude initiation point will be established and confirmed for accuracy by the PIC. 

Public Interest 
The petitioner states that, given the small size of the UA involved and the restricted sterile 

environment within which it will operate, its proposed operation “falls squarely within that zone 

of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UAS to commence immediately.” Also due to the 

size of the UA and the restricted areas in which the UAS will operate, approval of the application 

presents no national security issue. The petitioner states that, given the clear direction in Section 

333, the strong equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, including enhanced safety, reduction in environmental impacts, and 

including reduced emissions associated with allowing UAS for real estate photography purposes, 

granting the requested exemptions is in the public interest. 

Unmanned Aircraft System 

The UAS proposed by the petitioner is a conceived and constructed by DJI systems, and referred 

to as the Phantom 3 Professional. The petitioner states that given the size, weight, speed, and 

limited operating area associated with the aircraft to be utilized by the applicant, an exemption 

from 14 CFR part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and 

limitations, is warranted and meets the requirements for an equivalent level of safety under 14 

CFR part 11 and Section 333 of the FAA Modernization and Reform Act of 2012 (PL 112-95). 

The petitioner further states that UAS operated without an airworthiness certificate in the 

restricted environment and under the conditions and limitations proposed by the petitioner will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with 

an airworthiness certificate issued under 14 CFR part 21, Subpart H and not subject to the 

proposed conditions and limitations. 

The petitioner states that the unmanned aircraft (UA) to be operated under this request is less 

than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area as set out in the MPTOM. In addition, the petitioner has integrated safety 

features into the design of the UAS, as described in the petitioner’s FOPM, to ensure the safety 

of persons and property within and surrounding the limited operating area. The petitioner further 

describes that, in the event the UAS loses communications or its GPS signal, the UA will have 

the capability to return to a pre-determined location within the Security Perimeter and land. It

will also have the capability to abort a flight in the event of unpredicted obstacles or 

emergencies. 

The petitioner states that even though its UAS will have no airworthiness certificate, an 

exemption may be needed from 14 CFR § 45.23 as the UA will have no entrance to the cabin, 

cockpit, or pilot station on which the word “experimental” can be placed. Given the size of the 

UA, the petitioner notes that the two-inch lettering will be impossible. The petitioner asserts that 

an equivalent level of safety will be provided by having the UA marked with the word 
“experimental” on the fuselage in compliance with 14 CFR § 45.29(f), in a location where the 

pilot, observer, and others working with the UA will see the identification.

The petitioner states that the maintenance requirements in the pertinent sections of 14 CFR part 

91 are only applicable to aircraft with an airworthiness certificate in accordance with part 43. 

The petitioner states that its V.3 UAS does not have specific maintenance instructions; therefore 

the petitioner has developed and documented in its MPTOM and FOPM an “on- condition” 

maintenance process for the V.3 UAS affected by this exemption. The petitioner has also stated 

that it intends to follow any manufacturers’ recommended instructions and procedures when 

those procedures exist for certain components of its V.3 UAS. 

UAS Operating Parameters 

The petitioner states that all flights will be operated within visual line of sight (VLOS) of a pilot 

and/or observer, and that the UA flights will be limited to a maximum altitude of 400 feet AGL. 

The petitioner further states that an operator will ensure that only consenting production 

personnel will be allowed within 100 feet of the UA operation, but this radius may be reduced to 

30 feet based upon an equivalent level of safety determination, as stated in their MPTOM, with 

the advance permission of the local Flight Standards District Office (FSDO). The petitioner 

asserts that an equivalent level of safety can be achieved given the size, weight, and speed of the 

UAS, as well as the location where it is operated. The petitioner states that the UAS will be 

operated within a safe operating perimeter, the boundaries of which will be determined by 

production personnel and the UAS PIC based on the site-specific filming activities and speed of 

the UAS required for the operation, and coordinated with the jurisdictional FAA FSDO and local 

government officials as applicable, as outlined in the MPTOM and FOPM. The petitioner states 

that only participating and consenting production personnel will be allowed within this 

perimeter; the petitioner also states their intention to comply with the guidelines outlined in 

Order 8900.1 V3, C8, S1 with regard to nonparticipating personnel outside the safety perimeter. 

The petitioner argues that, compared to flight operations with aircraft or rotorcraft weighing far 

more than its maximum 55 lb. UA, and the lack of flammable fuel, any risk associated with its 

UAS operations is far less than those with conventional aircraft operating at or below 500 feet 

AGL in the real estate industry. 

With respect to preflight actions, the petitioner notes it may need an exemption from 14 CFR § 

91.103, because it will not have approved rotorcraft flight manuals. The petitioner asserts that an 

equivalent level of safety will be achieved by the PIC taking all preflight actions as set forth in 

their MPTOM and FOPM, including reviewing weather, flight battery requirements, landing and 

takeoff distances, and aircraft performance data before initiation of flight. Additionally, the 

petitioner states that a briefing will be conducted prior to each day’s filming regarding planned 
UAS operations, and all personnel who will be performing duties within the boundaries of the 

safety perimeter will be required to attend. 

With respect to the fuel requirements, the petitioner notes that, in order to meet the 30 minute 

reserve requirements in 14 CFR § 91.151, UAS flights would have to be limited to 

approximately 10 minutes. The petitioner argues that, given the limitations on the UA’s proposed 

flight area and the location of its proposed operations within a predetermined area, a longer time 

frame for flight in daylight or night VFR conditions is reasonable. The petitioner believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery

power, whichever occurs first. 

The petitioner notes that it may need an exemption from 14 CFR § 91.121, as its UAS may have 

a GPS altitude read out instead of a barometric altimeter. The petitioner asserts that an equivalent 

level of safety will be achieved, as outlined in its MPTOM. Specifically, the altitude information 

will be provided to the UAS PIC via a digitally encoded telemetric data feed. Prior to each flight, 

a zero altitude initiation point will be established and confirmed for accuracy by the PIC. 

the operator proposed the following conditions and/or limitations, which were accepted by the 

FAA.2 

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy

source(s) and equipment. Operations authorized by this grant of exemption are limited to 

the following aircraft described in the operator’s manual: DJI Phantom 3 Professional

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above ground level 

(AGL), as indicated by the procedures specified in the operator’s manual. All altitudes 

reported to ATC must be in feet AGL

4. 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 medical certificate.

5. All operations must utilize a visual observer (VO). 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.

6. The operator’s manual is considered acceptable to the FAA, provided the additional 

requirements identified in these conditions and limitations are added or amended. The 

operator’s manual and this grant of exemption must be maintained 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 operator’s manual, the 

conditions and limitations herein take precedence and must be followed. Otherwise, the 

operator must follow the procedures as outlined in its operator’s manual.
7. The operator may update or revise its operator’s manual. It is the operator’s responsibility

to track such revisions and present updated and revised documents to the Administrator 

upon request. The operator must also present updated and revised documents if it 

petitions for extension or amendment. If the operator determines that any update or 

revision would affect the basis for which the FAA granted this exemption, then the 

operator must petition for amendment to their exemption. The FAA’s UAS Integration 

Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the 

operator’s manual.

8. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. 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. The Ground Control Station, if 

utilized, must be included in the preflight inspection. All maintenance and alterations 

must be properly documented in the aircraft records.

9. 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 in accordance with the operator’s manual. The PIC who conducts the 

functional test flight must make an entry in the UAS aircraft records of the flight. The 

requirements and procedures for a functional test flight and aircraft record entry must be 

added to the operator’s manual.

10. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft 

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

requirements must be established and identified in the operator’s manual. At a minimum, 

requirements for the following must be included in the operator’s manual:Actuators / 

Servos;

11. Transmission (single rotor);

12. Powerplant (motors);

13. Propellers;

14. Electronic speed controller;

15. Batteries;

16. Mechanical dynamic components (single rotor);

17. Remote command and control;

18. Ground control station (if used); and

19. Any other components as determined by the operator;

20. The Pilot In Command (PIC) must possess at least a private pilot certificate and at least a 

current third-class medical certificate. 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. 
21. The UA may not be operated directly over any person, except authorized and consenting 

production personnel, below an altitude that is hazardous to persons or property on the 

surface in the event of a UAS failure or emergency.

22. Regarding distance from nonparticipating persons, the operator must ensure that no 

persons are allowed within 500 feet of the area except those consenting to be involved 

and necessary for the filming production. This provision may be reduced to no less than

● 200 feet if it would not adversely affect safety and the Administrator has approved it. For 

example, an equivalent level of safety may be determined by an aviation safety 

inspector’s evaluation of the filming production area to note terrain features, obstructions, 

buildings, safety barriers, etc. Such barriers may protect nonparticipating persons 

(observers, the public, news media, etc.) from debris in the event of an accident. This is 

also consistent with the same FAA Order 8900.1, V3, C8, S1.

● If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the security perimeter and land or be recovered in accordance 

with the operator’s manual.

● The UAS must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operator’s manual.

● Each UAS operation must be completed within 30 minutes flight time or with 25% 

battery power remaining, whichever occurs first.In addition to the conditions and 

limitations proposed by the operator, the FAA has determined that any operations 

conducted under this grant of exemption must be done pursuant to the following 

conditions and limitations:

● The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (COA) prior to conducting any operations under this grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation.

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.

The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul component 

parts, and the total time in service of the UAS. These procedures must be added to the operator’s 

manual.

Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

The operator must develop UAS technician qualification criteria. These criteria must be added to 

the operator’s manual.
The preflight inspection section in the operator’s manual must be amended to include the 

following requirement: The preflight inspection must account for all discrepancies, i.e. 

inoperable components, items, or equipment, not covered in the relevant preflight inspection 

sections of the operator’s manual.

Before conducting operations, the radio frequency spectrum used for operation and control of the 

UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements.

At least three days before scheduled photography, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local 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: 

● Dates and times for all flights;

● Name and phone number of the operator for the UAS filming production 

conducted under this grant of exemption;

● Name and phone number of the person responsible for the on-scene operation of 

the UAS;

● Make, model, and serial or N-number of UAS to be used;

● Name and certificate number of UAS PICs involved in the filming production 

event;

● 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;

● Signature of exemption-holder or representative; and

● 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.

The 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.

The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.).
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.

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

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.

The UA may not operate in Class B, C, or D airspace without written approval from the FAA. 

The UA may not operate within 5 nautical miles of the geographic center of a non- towered 

airport as denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request.

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 National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or 

transgression is reviewed by AFS-80 and authorization to resume operations is provided.

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.