August 11, 2015

Exemption No. 12437

Regulatory Docket No. FAA–2015–2222

Mr. Christopher M. Roach

Scenic Over Sights

1198 Padgett Road

Union Mills, NC 28167

Dear Mr. Roach:

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 May 23, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Scenic Over Sights (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography, imaging, monitoring, and inspections.

See Appendix A for the petition submitted to the FAA describing 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 the 3D Robotics Iris+.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. 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 
2

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, Certification procedures for products and parts, 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 collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, 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 petitioner 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 interest.

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, Scenic Over Sights 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 operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

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 (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, Scenic Over Sights is hereafter referred to as the operator.

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 3D Robotics Iris+

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 

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 

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 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 maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation 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 stated 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. 
4

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. The 

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 FAA’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 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 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 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 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 Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. 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.

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 
5

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 VOs 

(training, 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 operations may only be conducted during dedicated training sessions. During 

training, 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 symbol 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 signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The 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 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 conducted 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 
6

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

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 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 

that 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 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 trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property 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 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.

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.
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29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

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 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:

a. Dates and times for 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 the 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 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.
8

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

Federal Aviation Administration Exemption

Petition for Exemption under Section 333

FAA Modernization and Reform Act of 2012

Public 112-95 Feb. 14, 2012, Section 333

Submitted by: Scenic Over Sights

Christopher M. Roach

Date: 5/23/2015

Dear Sir or Madam,

Attached please find Scenic Over Sights request for an exemption from the listed

Federal Aviation Regulations to allow commercial operation of its Small Unmanned

Aircraft Systems ("UAS") for aerial imaging for safety, monitoring, inspecting and/or

recording of secured and controlled environment construction sites, proposed

development sites, inspections of property and photography for realty

advertisements. This exemption request is exclusively for the use of the UAS

manufactured by 3D Robotics, IRIS+.

Also please find the link to the 3D Robotics, IRIS+ UAS Manual, which

outlines the operating requirements, limitations, and technical specifications for

the IRIS+ system.

http://3drobotics.com/iris/info/?_ga=1.115744134.1270114417.1427113487

We have reviewed this manual and in conjunction with the requirements outlined in

this document we have found it to be acceptable for UAS operations on our project

sites.

Thank you for your time and consideration, and please let me know if you

have any questions.

Sincerely,

Christopher Roach

Scenic Over Sights
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Table of Contents

Contact Information ..................................................................................................3

Exemption Applicant ..................................................................................................3

Mission Statement .................................................................................................4

Intended UAS Use .................................................................................................5

Specific Section of 14 CFR .............................................................................................6-12

Intended Equipment for Exemption .................................................................................................13

Aircraft Specifications ................................................................................................14

Aircraft Maintenance ................................................................................................15

Safety Concerns ...............................................................................................16

Potential Hazards ................................................................................................17

Insurance Policy ................................................................................................18

Privacy Concerns ............................................................................................19-20

Operational Conditions ................................................................................................21

Pilot Qualifications ................................................................................................22

Pre-Flight Checklist ................................................................................................23

Active Flight Operations ................................................................................................23

Additional Resources ...............................................................................................24

Exhibit A ................................................................................................25

Exhibit B .................................................................................................26
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Contact Information

Exemption Applicant

Scenic Over Sights

Christopher M. Roach

Cell 828-429-7144

ScenicOverSights@GMail.Com,

1198 Padgett Road

Union Mills, NC

28167
4

Mission Statement

To exercise, and continue to exercise, operational

control of a light weight UAS in order to record video

and capture pictures of primarily real estate and

properties for the purpose of enhanced public

commercial service, worker safety, cost of services

efficiency, investigative proficiency and accuracy.
5

Intended UAS Use

To record video and capture pictures of client's homes/properties for the use in real estate

marketing materials, property development, property investigation and documentation by

the use of light weight UASs in the following areas of commerce :

• Realty - Selling properties, enhancing advertising campaigns, and increasing

production of marketing materials. Evaluating property value by documenting

assets and deficits especially in hard to access areas as an alternate to

conventional large, heavy, combustible fuel bearing and manned vehicles are

currently used.

• Property inspections - Especially roofing inspections, especially tile roofs, are

susceptible to added damage from an investigator walking on the roof to

complete his initial inspection. A UAS could do the work and record the inspection

findings without the probability of additional roof damage or personnel injury

from falls. This service would be valuable to companies like: Roofing contractors,

Insurance adjusters, property owners, renters, etc.

• Construction defect investigations - Site investigation and findings specifically for

building exteriors would be greatly enhanced by the use of a UAS. It can be very

expensive to safely find and document exterior construction defects on multiple

story building, a UAS could inspect, find and record information that would be

otherwise only be accessible by ladders or scaffolding. Also A UAS would be a

much safer way to do this type of high and/or difficult access investigation.

• Site investigation - Such as steep hillside or bluff. Recording the visual condition

of existing hillsides or bluffs that would otherwise be very difficult to access and

record. It would also be less intrusive to environmentally sensitive areas.

• Site development - Creating high resolution scalable overhead photography of a

property would be valuable to engineers, architects, designers and landscape

architects in evaluating the best use for developing a property and the potential

effects that such development might have. Development of existing properties for

remodeling or renovation especially commercial building where equipment is

located on the roof would also benefit from HD photos that document the

equipment and its location. Currently Google Maps are useful for such endeavors

but only with a very low resolution overhead photo of such properties.

• Developers and Construction Companies - To record and document the overall

progress of large developments and to observe and document job site safety.

• Landscape maintenance - To record landscape health and irrigation proficiency on

large properties such as condominiums, apartment complexes, malls, golf courses

or even public parks and recreation areas.

• There are many other areas that a UAS would be a safer, accurate and less

expensive alternative to current commercial services but Scenic Over Sights would

be specifically interested in the areas mentioned above.
6

Specific Section of 14 CFR

Seeking specific exemption from:

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14

C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);

91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b);

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and

14 C.F.R. Part 11, Scenic Over Sights hereby applies for an exemption from the listed Federal 

Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems 

("UAS") for aerial imaging for safety and monitoring of secured and controlled environment 

construction sites, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333.

As detailed in this document and the link to Flight Manual, the requested exemption would

permit the operation of UAS under controlled conditions in airspace that is 1) limited 2)

predetermined 3) controlled as to access and 4) would provide safety enhancements to the

already best practices safety protocols followed by Scenic Over Sights at each one of its

project sites. Approval of this exemption would thereby enhance safety and fulfill the Secretary

of Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the

safe operation of such aircraft systems in the national airspace system." Section 333(c) of the

Reform Act.

The name and address of the applicant is:

Scenic Over Sights

Christopher Roach

PH: 828-429-7144

Email: ScenicOverSights@GMail.com

Address: 1198 Padgett Road, Union Mills NC 28167

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)

14 C.F.R. 91.203 (a) & (b)
7

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority

includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UAS, from the

requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection

(a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the exemption in

the public interest. 49 U.S .C. §44701 (f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR

§91.203(a)(1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate in the

National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national

security. In making this determination, the Secretary must consider:

• The UAS's size, weight, speed, and operational capability;

• Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly populated areas and away from close proximity to

airports

Reform Act §333(a). If the Secretary determines that a UAS "may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such aircraft in the

national airspace system." Id. §333(c).

Scenic Over Sight’s UASs are multi-rotor vehicles, weighting 10 or fewer lbs. including payload. They

operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, and

move in the vertical and horizontal plane simultaneously. The UAS will operate only in the pilot's visual

line of sight at all times and will operate only within the recommendations described in the 3D Robotics Flight 

Manual,

Such operations will insure that the UAS will "not create a hazard to users of the national airspace system

or the public." Reform Act Section 333 (b).

Given the small size of the UAS involved and the restricted and sterile environment within which they

will operate, our application falls squarely within the 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 small size of the UASs and the low altitudes and restricted areas in which our UAS will

operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation

Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the

significant public benefit, including enhanced safety, the grant of the requested exemptions is in the

public interest. Accordingly, Scenic Over Sights respectfully requests that the FAA grant the requested

exemption without delay.

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a)

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain

unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required

under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent of

allowing UAS to operate with significant safety precautions in low risk environments.

The use of UAS on a construction or inspection site can significantly reduce the risk to workers of falls

while inspecting, surveying, or monitoring site progress. UAS can inspect, photograph, and collect data on

hard to get to areas that otherwise would require worker inspection. Falls are the leading source of

workplace fatality and injury on construction sites', and reducing falls through UAS use for site imaging

could save workers lives.

Additionally, UAS could replace the use of helicopters and small aircraft to monitor sites. The UAS we

propose to fly in this application are under five pounds, and carry no combustible material on board, as

opposed to the much larger conventionally powered small aircraft. Shifting to UAS from helicopters

presents a marked safety increase for our workers and the public.
8

Lastly, UAS reduce the environmental impact by dramatically decreasing the energy used for aerial

imaging and data collection over a construction site. Our UAS use rechargeable lithium ion batteries, as

opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

Scenic Over Sights proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at least an

equivalent or even higher level of safety to operations under the current regulatory structure because the

proposed operations represent a safety

1 "Commonly Used Statistics", Occupational Safety & Health Administration.

Available at: https://www.osha.gov/oshstats/commonstats.html

enhancement to the already safe protocols followed on construction sites and imaging and surveying operations

conducted with helicopters and other conventional aircraft.

Scenic Over Sights will be bound by the following limitations when conducting its UAS operations under an

FAA issued exemption:

1. The UAS will be less than 10 pounds.

2. Flights will be operated within visual line of sight of a pilot.

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery

reserve in real time, and will return to its ground station with at least 20% battery power reserve should

that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL.

5. Crew for each operation will consist of the UAS pilot who will keep the UAS within his visual line of

sight at all times and a spotter.

6. The UAS pilot will be trained in flight, operations, and safety procedures as detailed in this document

and as detailed in the DJI Manual.

7. The UAS will only operate within a confined areas as defined in this document. This document and

the 3D Robotics Manual also requires the establishment of a Security Perimeter for the flight operations area.

8. A briefing will be conducted in regard to the planned UAS operations prior to each day's production

activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the

safety perimeter be present for this briefing.

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will obtain

additional verbal or written consent of all persons who will be allowed within 100 feet of the flight

operation.

10. The pilot will have been trained in operation of UAS generally and received up-to-date information on

the particular UAS to be operated as required by this document.

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

12. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

13. If the UAS loses communications or loses its GPS signal, it will have capability to return to a predetermined

location within the Security Perimeter and land.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating

area associated with the aircraft to be utilized by Scenic Over Sights, an exemption from Part 21

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of

the Reform Act. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to airports and populated

areas of the particular UAS. Our small UAS will be operated at low speed in a controlled environment, at

least five miles from an airport and more than three miles from any city or densely populated area.
9

An analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in

the restricted environment and under the conditions proposed will be at least as safe, or safer, than a

conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the

restrictions and conditions proposed.

The UAS to be operated hereunder is less than 10 lbs. fully loaded, 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 this document and the 3DR manual . Like other civil aircraft, operations under this exemption

will be tightly controlled and monitored by the operator, pursuant to this document and the 3DR Manual's

requirements, and under the requirements and in compliance with local public safety requirements, to

provide security for the area of operation as is currently done on active construction sites.

These safety enhancements, which already apply to civil aircraft operated in connection with construction

sites, provide a greater degree of safety to the public and property owners than conventional operations

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application

of these same criteria demonstrates that there is no credible threat to national security posed by the UAS,

due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid

fuels, and ability to carry an external load no greater than two lbs.

14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light-sport category

aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light-sport,"

"experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS

will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be

placed. Given the size of the UAS, two-inch lettering will be impossible. The word "Experimental" will be

placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required

by §45.29 (f) where the pilot, observer and others working with the

UAS will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to

this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not carry

a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current

operations by requiring the pilot operating the aircraft to have completed a UAS flight training course of

10 hours before flying a UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is

remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted,

and all flights are planned and coordinated in advance as set forth in this document. The risks associated

with the operation of the UAS are so diminished from the level of risk associated with commercial

operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with

a pilot who has met the minimum requirements of this document exceeds the present level of safety

achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there

will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA

regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the

requirements contained in the 3DR Manual for maintenance and use of safety checklists prior to each

flight, as set forth in this document, an equivalent level of safety will be provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft,

not only because there is no pilot on board, but because there is no room or capacity to carry such an item

on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control

point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following
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exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of

flight. An exemption is needed from this requirement as the pilot will take separate preflight actions,

including checking for weather conditions, checking flight battery requirements, checking takeoff and

landing distances, and all other actions in the Preflight Checklist in this document and the 3DR Manual.

These actions will provide an equivalent level of safety.

14 C.F.R. 91.109: Flight Instruction

Section 91.103 provides 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.

By design, UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is

accomplished through the use of a control box that communicates with the aircraft via radio

communications. The FAA has previously approved exemptions for aircraft without fully functional dual

controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that

neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio

signals from the controller, and by the size and speed of the aircraft.

14 C.F. R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters

to be operated at less than the minimums prescribed, provided the person operating the helicopter

complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a

multi-rotor craft that flies similarly to a helicopter, with vertical take off and vertical landing, which will

typically operate at altitudes of 200 AGL, so an exemption may be needed to allow such operations.

The UAS will never operate at altitude higher than 400 AGL and will be in a restricted area with security

perimeter, where buildings and people will not be exposed to operations without their pre-obtained

consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the

location where it is operated. No flight will be taken without the permission of the property owner or local

officials. Because of the advance notice to the property owner and any onsite personnel as outlined in the

Manual, all affected individuals will be aware of the planned flight operations. Compared to flight operations

with aircraft or rotorcraft weighting far more than the maximum 10 lbs. proposed herein and carrying

flammable fuel, any risk associated with our operations is far less than those presently presented with

helicopters and other conventional aircraft operating at or below 500 AGL in the construction industry. In

addition, the low-altitude operations of the UAS will ensure separation between these small- UAS

operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

This regulation requires 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." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out,

an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to

the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS is limited

to operations in sterile and controlled environments as outlined in the Manual, and has a limited range and 

flight

time which require an exemption from 14 CFR 91.151(a).

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 minute

reserve requirement in 14 CFR §91.151, UAS flights would be limited to 0 minutes in length. Given the

limitations on the UAS'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.
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Scenic Over Sights believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance

with FAR 91.151(a)). Operating the small UAS, in a tightly controlled area where only people and property

owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the

size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the

utility for which the exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to 25 minutes, or enough battery reserve to

ensure that the UAS lands at the ground station with at least 20% of battery power (as determined by the

onboard monitoring system and the pilot), whichever happens first. This restriction would be more than

adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and

10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration The

regulation provides in part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the

following:

(1) An appropriate and current airworthiness certificate....

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this

section 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.

The UAS fully loaded weighs no more than 10 lbs and is operated without an onboard pilot. Therefore

there is no ability or place to carry certification and registration documents or to display them on the

UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground flight control point

where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to

the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and

others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to Scenic Over Sights. Maintenance will be accomplished by the operator pursuant

to the flight manual and operating handbook as referenced in this Document and the DJI Manual. An

equivalent level of safety will be achieved because these small UASs are very limited in size and will

carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues

arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in

the 3DR Manual and this document , the operator will ensure that the UAS is in working order prior to

initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the

operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety.

*******

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register,

should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14

C.F.R. § § 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);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); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small
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unmanned vehicle (551bs or less) in construction operations.

Approval of exemptions allowing commercial operations of UASs in the construction industry enhances

safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because

the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a

UAS weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk

given the reduced mass and lack of combustible fuel carried on board. The UAS will carry no

passengers or crew and, therefore, will not expose them to the risks associated with manned

aircraft flights.

The operation of small UASs, weighting less than 10 lbs., conducted in the strict conditions

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions

requested herein, including exempting the applicant from the requirements of Part 21 and

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the

ground, and in a controlled environment and, as a result, are far safer than conventional operations

conducted with turbine helicopters operating in close proximity to the ground and people.
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Intended Equipment for Exemption

Aircraft: 3dRobotics’ IRIS+ w/GoPro Camera

Manufactures Website: http://www.3drobotics.com/

Cameras: GoPro Hero 4 Silver

Manufactures Website: http://gopro.com/
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Aircraft Performance

Altitude: 320 ft. (100m)

Operational Range: 980 ft. (300m)

Hover Accuracy: (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m

Precision Flight and Stable Hovering

Flight Time: 20 Minutes

Battery Life

Quadcopter: 20 Minutes

Remote Control: Over 2 Hours of Continuous Use

Weight (Battery & Propellers included): 1000g

Max Yaw Angular Velocity: 200/s

Max Tilt Angle: 350

Max Ascent Speed: 6m/s

Max Descent Speed: 2m/s

Max Flight Speed: 15m/s(Not Recommended)

Take-off Weight: !~1300g

Operating Temperature: -10°C 50°C

Self-Tightening Propellers
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Maintenance

To ensure safe operational control a maintenance schedule will be followed, a

personal tailored maintenance manual has been created, and quality

replacement part will be used.

Inspection: 

Before and after every flight, the quad-copter's operational

condition will be inspected for damage and deterioration, paying

attention to the props for damage, cracks or ware and the UASs

fuselage for damage . If damage, cracks or unusual ware is detected

the flight will be suspended until proper repairs have been made.

Replacement Parts

3D Robotics (manufacturer)

There is no intention in modifying aircraft beyond factory specifications.

• The UAS will be in compliance with the FAA airworthiness regulations.
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Safety Concerns

Hazards Spotter: To ensure safety, either the listing agent, seller, contractor, owner or

another party, will be on site to review and observe hazards before and during the flight.

Population of Intended Areas: To ensure safety, all non-essential personnel will be

removed from the area. There will be no flight over heavily populated areas like stadiums,

schools, malls, casinos, and the like during operating hours.

Airports: According FAA rules and to ensure pilot(s) safety, there will no flight in or

around airports unless explicit permission is granted according to current FAA

regulations.

Weather: To ensure safety of spotter, agents, property owners, pet and wildlife flights

will be conducted in optimal weather conditions. Flights will not be conducted in winds

above 15 mph.

Return-to-Home Feature: In the event the UAS loses signal or runs critically low on battery the UAS has a 

GPS controlled return to home feature. The "home" is set upon flight startup.

- Auto Return-to-Home & Landing

-See Pre-Flight Checklist Exhibit A

Flying in Confined Areas: There is a high probability of flying in confined spaces,

around residential properties. Pilot and spotter will be in constant communication by

two way radio, or cell phone, or other approved FAA communications device when

geographically separated during flight to ensure awareness of obstacles, hazards

and UAS location.

Line of Site: The UAS will always be within the line of site of the pilot and spotter.

If the UAS cannot be seen the return home failsafe will be used to regain visual

control.

Height: Fights will not exceed 400 ft AGL above subject properties at any time.
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Potential Hazards

The following are potential hazards that may, or may not be,

present during flight operations. The Pilot and Spotter will be

aware of :

-Other UASs

-Houses, Commercial Buildings, Shops, and Out Buildings

-Power Lines, Low Voltage Lines, High Voltage Lines, Cable Lines

-Trees, Shrubs, and Hedges

- Automobiles and RVs

-Wildlife, both Land and Air

-Rivers, Lakes, Ponds, Sounds, Straits, and Other Bodies of Water

-Unaccounted for People

-Unaccounted for Pets

-Conditions as set forth in the 3DR Manual
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Insurance Coverage

Commercial UAS insurance coverage is not currently available through

private insurers or through AMA (Academy of Model Aeronautics).
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Privacy Concerns

During flight operations privacy concerns are of high priority.

With each commercial flight a signed agreement, will be in place.

Seller/property owner, contractor, engineer or authorized agent will sign

a letter authorizing the Scenic Over Sights UAS's use for marketing

purposes. –

Exhibit B

Neighboring parcels or properties: During each flight operation, the UAS

pilot will be extremely mindful of neighboring parcels to not film,

record, or take pictures of people and property without their written &

signed consent.

All neighboring properties will be cropped from photos unless

authorization to use such photos is granted in writing.

Suburban Homes & Properties

Homes that are within residential neighborhoods, it is easy for the

camera's field of view to record and take pictures of homes and

properties that are not intended to be advertised for sale. As the UAS

increases altitude, so does the risk of inadvertently filming a home or

property that hasn't given written permission to do so.

Where privacy is a concern images will be cropped to omit neighboring

properties.
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Privacy Concerns Cont.

Properties with Acreage

Homes and properties with acreage have a higher degree of

uncertainty when trying to determine lot lines, boundaries, and

proximity to neighboring properties than a suburban home. Also,

people looking to purchase a home with acreage, or a larger lot, have a

higher degree of interest on knowing were the approximate lot lines are

and an aerial perspective affords them such information. The use of

an UAS would be the most effeminate means to provide such

information.

Homes with View & Waterfront

People looking to purchase and/or sell a home, or a property, with a

view, or on waterfront, want to see the home or property from an aerial

perspective and to be showcased in this format. This is part of property

owner profile. In addition, even though neighboring parcels might be

shown in the picture and video, the neighboring properties will only be

included if is necessary to the subject property's marketing materials.

* All flights will occur over private or controlled access property with the

property owner's prior consent and knowledge. Images taken will be of

individuals who have also consented to being filmed or otherwise have

agreed to be in the area where aerial photography will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of

2012--size, weight, speed, operating capabilities, proximity to airports and

populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested

exemptions allowing commercial operation of applicant's UAS in the

construction, realty industry pursuant to the 3DR Manual and this document

appended hereto.*
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Operational Conditions

To capture high resolution images and video operational conditions will

be closely monitored because showcasing a property in the best light is

and image quality is the utmost client priority.

Day Time

• Sunny Weather is Highly Preferred

• Little to No Cloud Cover

• Zero to Low Wind Speeds

• High Visibility Conditions

*No night-time operations are permitted.
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Pilot Qualifications

Training Sessions for a Scenic Over Sights certified pilot(s).

Current Pilot: Christopher Roach

Pilot's Flight Log; Exhibit C

• The Pilot in command will be familiar with current FAA regulations regarding UAS commercial 

usage.

• The Pilot in command will have sufficient eye sight (with or without corrective lenses and 

without the aid of binoculars) to see and operate the UAS at the distances necessary for the 

purpose of the flight.

• Pilot will be in good health.

• New Pilots in training will shadow and act as the Pilot in Command Spotter for 3 Months or for 

a minimum of 20 hours Prior to First Flight Operations

• New Pilots will demonstrate a workable knowledge or the UAS and proficiency in operational 

control at all times.

• Pilots in training will Watch Online Training Videos.

• Pilots will watch Online Training Videos for Specific Type of Filming Needs

• Pilots will attend Upcoming, and Local, UAS Courses (This is Part of Pilot's Continuing 

Education)

• Every Pilot Will Follow the Flight Plans and Schedules Set Forth in this Document and current 

FAA regulations.
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Pre-Flight Checklist

Prior to every flight, the pilot will go through a pre-flight checklist. The checklist

will then be filed with every property's file in the event of an audit.

Preflight Checklist: SEE Exhibit A

Active Flight Operations

Exercise continuous control of UAS, monitor potential hazards, be aware of

changing environments that may present hazards. UAS will always be in view of

Pilot and spotter. There will be a strict flight ceiling of 400 ft AGL. All flight will be

done in accordance with current FAA rules and the conditions set forth in this

document.
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Additional Resources

http://knowbeforeyoufly.org/

http://3drobotics.com/iris/info/?_ga=1.115744134.1270114417.1427113487
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Exhibit A

Pre-Flight Checklist

Flight Operation Location: ________________________

Pilot:_________________________

Date:_________________________

 Conduct Walk Around of Flight Area

 Identify Potential Hazards with Spotter

 Locate Safe Launch & Landing Area

 Set Spotter (Spotter May Change Location due to Filming Angle) Secure all Pets

 Request on Non-Essential Personnel to Remain Behind Pilot

 Unpack All Equipment from Transportation Case

 Inspect UAS for damage, ware and proper flight setup according to the 3DR manual. If no damage or 

unusual ware is detected proceed to the next step. If damage is detected the flight will be aborted until 

proper repairs are completed.

 If the UAS is deemed flight worthy - Power Up Remote

 Power Up GoPro

 Initiate Video Recording

 Power Up DJI Phantom 2

 Launch DJI Phantom 2

 Conduct Flight Operations

 Land DJI Phantom 2 in Designated Landing Area

 Power Down DJI Phantom 2

 Turn Off Video Recording

 Power Down GoPro

 Power Down Remote

 Inspect UAS for damage and ware

 Put All Equipment Back into Transportation Case

Pilot Signature___________________________________________
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Exhibit B

Authorization to Record Video & Photograph Property

I,________________________ , legal seller and/or representative, authorize and give permission

to Scenic Over Sights to record video and photograph the property commonly

known as:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

The recorded video and photography is to be used in a manner consistent with

the clients interests, current real estate marketing strategies and advertising

techniques, property development, investigation and observation.

Sincerely,

Signature _____________________________Date _______

Signature _____________________________Date _______