1 

AFS-15-104-E 

Exemption No. 11195 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the petition of 

FALCONSKYCAM

for an exemption from part 21 subpart H, 

§§ 45.23(b), 61.113(a) and (b), 91.7(a), 

91.9(b)(2), 91.109, 91.119, 91.121, 91.151(a), 

91.203(a) and (b), 91.205(b), 91.215, part 91 

subpart E of Title 14, Code of Federal 

Regulations 

Regulatory Docket No. FAA−2014−0884

 

GRANT OF EXEMPTION 

By letter dated October 22, 20141, Ms. Diana Cook, FalconSkyCam (hereinafter 

petitioner or operator), 1525 Graves Avenue, Apartment 123, El Cajon, California 92021, 

petitioned the Federal Aviation Administration (FAA) for an exemption part 21 subpart H, 

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

91.203(a) and (b), 91.205(b), 91.215, part 91 subpart E of Title 14, Code of Federal 

Regulations (14 CFR). The exemption would allow the petitioner to operate the DJI Phantom 

2 unmanned aircraft system (UAS) to conduct aerial photography for real estate, surveying, 

marine photo and video, agriculture, and special events. 

The petitioner supports its request with the following information: 

See Appendix A for the petition submitted to the FAA describing the proposed operations, 

including the regulations that the petitioner seeks an exemption. 

 

 

1

 On February 6, 2015, and posted to the public docket, the petitioner responded to the FAA’s Request for 

Information. 
The petitioner has provided the following information to support its request for an exemption: 

1) Phantom 2 User Manual v1.4 

2) Zenmuse H3-2D Gimbal User Manual v1.16 

3) Unmanned Aerial Vehicle and First Person View Pre-Flight Checklist 

The petition and the document above are hereinafter referred to as the operating documents. 

The FAA evaluated the petition and determined it was not precedent-setting. Therefore, a 

summary of the petition was not published in the Federal Register for public comment.

The FAA’s analysis is as follows: 

The FAA has organized its analysis into four sections: (1) Unmanned Aircraft Systems 

(UAS), (2) the UAS pilot in command (PIC), (3) the UAS operating parameters, and (4) the 

public interest. 

Unmanned Aircraft System (UAS) 

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 P.L. 112-95 in reference to 49 USC § 44704, and in consideration 

of the size, weight, speed, and limited operating area associated with the aircraft and its 

operation, the Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR 

parts 21, and any associated noise certification and testing requirements of part 36, is not 

necessary. 

Manned helicopters conducting aerial photography and filming can weigh thousands of 

pounds or more and are operated by an onboard pilot, in addition to other onboard 

crewmembers, as necessary. The petitioner’s unmanned aircraft (UA) will weigh less than 6 

lbs. with no onboard pilot or crew. The pilot and crew will be remotely located from the 

aircraft. The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk to an 

onboard pilot and crew during an incident or accident is eliminated with the use of a UA for 

the aerial filming operation. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The 

petitioner’s UA carries no fuel, and therefore the risk of fire following an incident or accident 

due to fuel spillage is eliminated. 

This exemption does not require an electronic means to monitor and communicate with other 

aircraft, such as transponders or sense and avoid technology. Rather the FAA is mitigating the 

risk of these operations by placing limits on altitude, requiring stand-off distance from clouds, 

permitting daytime operations only, requiring that the UA be operated within visual line of 

sight (VLOS), utilizing a visual observer for all flights, and yielding right of way to all other 
operations. Additionally, the exemption provides that the operator will request a notice to 

airmen (NOTAM) prior to operations to alert other users of the National Airspace System 

(NAS). These mitigations address awareness of UAS operations occurring in the airspace. 

The petitioner’s UAS has the capability to operate safely after experiencing certain in-flight 

contingencies or failures and uses an auto-pilot system to maintain UAS stability and control. 

The UAS is also able to respond to a loss of global positioning system (GPS) or a lost-link 

event with a pre-coordinated, predictable, automated flight maneuver. These safety features 

provide an equivalent level of safety compared to a manned aircraft performing a similar 

operation and mitigate the risk of command and control link failures. 

Regarding the petitioner’s requested relief from 14 CFR § 45.23(b), Display of marks,

because the petitioner’s UAS will not be certificated under 14 CFR § 21.191, a grant of 

exemption for 14 CFR § 45.23(b) is not necessary. The petitioner’s UA must be identified by 

serial number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large 

as practicable per § 45.29(f). 

Regarding the petitioner’s requested relief from 14 CFR Subpart E (§§ 91.401-417), the FAA 

has determined that relief from the following sections is required: 14 CFR §§ 91.405(a)

Maintenance required, 91.407(a)(1) Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, 91.409(a)(1) and (2) Inspections, and 91.417(a) and (b)

Maintenance records. The FAA has evaluated the petitioner’s request and determined that 

cause for granting the exemption is warranted. The FAA notes that the petitioner’s operating 

documents contain preflight and post-flight checks for the UAS. The FAA finds that 

adherence to the operating documents, as required by the conditions and limitations below, is 

sufficient to ensure that safety is not adversely affected. In accordance with the petitioner’s 

UAS maintenance, inspection, and recordkeeping requirements, the FAA finds that exemption 

from 14 CFR §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) is 

warranted subject to the conditions and limitations below. 

UAS Pilot in Command (PIC) 

Regarding the petitioner’s requested relief from 14 CFR § 61.113(a) and (b) Private pilot 

privileges and limitations, the petitioner proposes to operate its UAS with a pilot holding, at a 

minimum, a private pilot certificate and at least a current third-class medical certificate. 

Under current regulations, civil operations for compensation or hire require a PIC holding a 

commercial pilot certificate per 14 CFR part 61. Based on the private pilot limitations in 

accordance with pertinent parts of 14 CFR §61.113(a), with limited exceptions, a pilot 

holding a private pilot certificate cannot act as a PIC of an aircraft for compensation or hire. 

However, in Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

determined that a PIC with a private pilot certificate operating the Astraeus UAS would not 

adversely affect operations in the NAS or present a hazard to persons or property on the 

ground. 
The FAA has analyzed the petitioner’s proposed operation and has determined that it does not 

differ significantly from the situation described in Grant of Exemption No. 11062 (Astraeus 

Aerial). The petitioner plans to operate over private property with controlled access in the 

NAS. Given: 1) the similar nature of the petitioner’s proposed operating environment to that 

of Astraeus, 2) the parallel nature of private pilot aeronautical knowledge requirements to 

those of commercial requirements [ref: Exemption No. 11062], and 3) the airmanship skills 

necessary to operate the UAS, the FAA finds that the additional airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for the 

petitioner’s specific proposed operations. Therefore, the FAA finds that a PIC holding a 

private pilot certificate and a third-class airman medical certificate is appropriate for the 

proposed operations and that granting relief from 14 CFR § 61.113(a) is warranted. 

With regard to a training program, the petitioner has proposed that prior to the first operation, 

the PIC be required to complete an UAS education and training program including all 

applicable regulations and guidance documents including aeronautical background 

information such as charts, NOTAMS and Advisory Circulars; Radio Communications 

Procedures; Human Factors and Crew Resource Management; Basic Small UAS 

Aerodynamics; Weather factors; Airmanship and Decision-making and Safe Operating 

Procedurees. The conditions and limitations below stipulate that the petitioner may not 

permit any PIC to operate unless that PIC has demonstrated through the petitioner’s 

qualification, training, and currency requirements that the PIC is able to safely operate the 

UAS in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

In conclusion, the FAA finds that a PIC holding at least a private pilot certificate and a thirdclass airman medical certificate and who has completed the petitioner’s UAS training and 

currency requirements can conduct the proposed UAS operations without adversely affecting 

the safety of the NAS or persons or property on the ground. Upon consideration of the overall 

safety case presented by the petitioner, the FAA finds that granting the requested relief from 

14 CFR § 61.113(a), is warranted. The FAA also finds that relief from 14 CFR § 61.113(b) is 

not necessary. 

The petitioner indicated it will supplement its proposed operation(s) with a visual observer 

(VO). In Grant of Exemption No. 11062, the FAA agreed with the petitioner’s proposed use 

of a VO and required a VO to be used in all UAS operations. Although a medical certificate 

is not required for a VO, the UA must never be operated beyond the actual visual capabilities 

of the VO, and the VO and PIC must have the ability to maintain VLOS with the UA at all 

times. It is the responsibility of the PIC to be aware of the VO’s visual limitations and limit 

operations of the UA to distances within the visual capabilities of both the PIC and VO. 

Moreover, the VO will not be operating the aircraft. Therefore, as in Grant of Exemption No. 

11062, the FAA does not consider a medical certificate necessary for the VO and the 

requirement for a VO is included in the conditions and limitations below. 

The petitioner stated that its visual observers who are not pilots will attend ground training to 

understand the proper roles of an observer, communication procedures, proper visual scan 
techniques, operations at non-towered airports, and appropriate sections of the Aeronautical 

Information Manual. 

The FAA considers the PIC to be designated for the duration of the flight. Therefore, per the 

conditions and limitations below, the PIC must be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. 

UAS Operating Parameters 

Regarding the petitioner’s requested relief from 14 CFR § 91.7(a) Civil aircraft 

airworthiness, the FAA finds that relief from § 91.7(a) is necessary. While the petitioner’s 

UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart 

H, the FAA considers the petitioner’s compliance with its operating documents to be a 

sufficient means for determining an airworthy condition. Therefore, relief from § 91.7(a) is 

granted. The petitioner is still required to ensure that its aircraft is in an airworthy condition – 

based on compliance with the operating documents prior to every flight, and as stated in the 

conditions and limitations below. 

In accordance with 14 CFR § 91.7(b) Civil aircraft airworthiness, the PIC of the UAS is 

responsible for determining whether the aircraft is in a condition for safe flight. The FAA, as 

in grant of Exemption No. 11062 to Astraeus, has determined that the operating documents 

include procedures to be used prior to each flight that can ensure compliance with § 91.7(b). 

The petitioner is required to ensure that its aircraft is in a condition for safe flight – based on 

compliance with the operating documents– prior to every flight. 

Regarding the petitioner’s requested relief from §§ 91.9(b)(2) Civil aircraft flight manual, 

marking, and placard requirements and 91.203(a) and (b) Civil aircraft: Certifications 

required, the FAA has previously determined in Grant of Exemption 11062, Astraeus Aerial, 

that relief from these sections is not necessary. Relevant materials may be kept in a location 

accessible to the PIC in compliance with the regulations. 

Regarding the petitioner’s requested relief from 14 CFR § 91.109 Flight instruction; 

Simulated instrument flight and certain flight tests, the petitioner did not describe training 

scenarios in which a dual set of controls would be utilized or required, i.e. dual flight 

instruction, provided by a flight instructor or other company-designated individual, that would 

require that individual to have fully functioning dual controls. Furthermore, the FAA is 

requiring that the petitioner’s PICs possess at least a private pilot’s certificate. Also, this 

exemption will require that training operations only be conducted during dedicated training 

sessions. The FAA finds that safety will not be adversely impacted if the petitioner follows 

the training outlined in the operating documents. As such, the FAA finds that the petitioner 

can conduct its operations without the requested relief from § 91.109. 

Regarding the petitioner’s requested relief from 14 CFR § 91.119 Minimum safe altitudes, the 

petitioner did not specify the paragraph(s) in 14 CFR § 91.119 from which it requires relief. 

Relief from § 91.119(a), which requires operating at an altitude that allows a safe emergency 

landing if a power unit fails, is not granted. The FAA expects the petitioner to be able to 
perform an emergency landing without undue hazard to persons or property on the surface if a 

power unit fails. Relief from § 91.119(b), operation over congested areas, is not applicable, 

because the petitioner states that operations will be conducted over sparsely populated areas. 

Relief from § 91.119(c) is necessary because the aircraft will be operated at altitudes below 

400 feet above ground level (AGL). Section 91.119(c) states that no person may operate an 

aircraft below the following altitudes: over other than congested areas, an altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. Section 91.119(c) 

provides that in operations over water or sparsely populated areas, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. The petitioner states 

that it will operate pursuant to the following, self-imposed restrictions related to § 91.119: 

 

 Petitioner will conduct operations over private or controlled access property with the 

permission of the landowner; 

 Petitioner will avoid operations over populated areas and stay within the “sterile area”; 

 Petitioner will limit operations to Visual Flight Rules Meteorological Conditions 

(VMC) and daylight hours; 

 Petitioner will ensure aircraft operations remain within VLOS of the PIC and VO and 

will be visually monitored at all times; 

 Petitioner will operate no closer than 3 miles from an airport or heliport 

The petitioner proposes to avoid populated areas and operations over persons who have not 

provided consent; however the petitioner did not describe specific minimum stand-off 

distances from persons, vessels, vehicles and structures. As discussed in Exemption No. 

11109 to Clayco, Inc., operations conducted closer than 500 feet to the ground may require 

that the UA be operated closer than 500 feet to essential persons, or objects that would not be 

possible without additional relief. Therefore, the FAA is requiring that prior to conducting 

UAS operations, all persons not essential to flight operations (nonparticipating persons) must 

remain at appropriate distances. In open areas this requires the UA to remain 500 feet from 

all persons other than essential flight personnel (i.e. PIC, VO, operator trainees or essential 

persons). 

The FAA has also considered that the UA will weigh less than 6 pounds. If barriers or 

structures are present that can sufficiently protect nonparticipating persons from the UA or 

debris in the event of an accident, then the UA may operate closer than 500 feet to persons 

afforded such protection. The operator must also 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. When 

considering how to immediately cease operations, the primary concern is the safety of those 

nonparticipating persons. In addition, the FAA finds that operations may be conducted closer 

than 500 feet to vessels, vehicles and structures when the property owner/controller grants 

such permission and the PIC makes a safety assessment of the risk of operating closer to those 

objects and determines that it does not present an undue hazard. 

Thus, the FAA finds that relief from § 91.119(c) is warranted, provided adherence to the 

procedures in the operating documents and the FAA’s additional conditions and limitations 

outlined below. Relief from § 91.119(a) is unwarranted as the FAA expects the petitioner to 
be able to perform an emergency landing without undue hazard to persons or property on the 

surface. Relief from §§ 91.119(b) and 91.119(d) are not applicable. 

Regarding the petitioner’s requested relief from 14 CFR § 91.121 Altimeter Settings, the FAA 

believes that an altitude reading is a critical safety component of the petitioner’s proposed 

operation. Although the petitioner will not have a typical barometric altimeter onboard the 

aircraft, the FAA finds the petitioner’s intention to operate the UA within VLOS and at or 

below 400 feet AGL, combined with the petitioner’s intention to limit the altitude of the UAS 

through flight limit function on the UAS, to be a sufficient method for ensuring the UAS 

operations do not adversely affect safety. The altitude information will be generated by GPS 

equipment installed onboard the aircraft, and/or a static pressure sensor (barometer) which 

aids in estimating the altitude. Prior to each flight, calibrating the compass must be 

established and confirmed for accuracy by the UAS PIC. In addition, as stated in the 

conditions and limitations below, the FAA requires any altitude reported to Air Traffic 

Control (ATC) to be in feet AGL. The petitioner may choose to set the altimeter to zero feet 

AGL rather than local barometric pressure or field altitude before flight. Considering the 

limited altitude of the proposed operations, relief from 14 CFR § 91.121 is granted to the 

extent necessary to comply with the applicable conditions and limitations stated below. 

Regarding the petitioner’s requested relief from § 91.151(a) Fuel requirements for flight in 

VFR conditions, prior relief has been granted for manned aircraft to operate at less than the 

prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar 

UAS-specific relief has been granted an Exemption Nos. 8811, 10808, and 10673 for daytime, 

Visual Flight Rules (VFR) conditions. The petitioner’s UAS provides low battery warnings at 

30% capacity that indicate the PIC must command the UA’s return to the launch point when 

low battery capacity voltage is reached. The UAS also provides critical low battery warnings 

at 15% battery capacity indicating that the UA will begin to descend and land automatically. 

These factors provide the FAA with sufficient reason to grant the relief from 14 CFR § 

91.151(a) as requested in accordance with the conditions and limitations below. The PIC will 

be prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 30% battery power remaining. 

The FAA Air Traffic Organization (ATO) reviews all proposed UAS operations and evaluates 

the safety of these operations relative to the requested airspace through the existing Certificate 

of Waiver or Authorization (COA) process. The majority of current UAS operations 

occurring in the NAS are being coordinated through Air Traffic Control (ATC) by the 

issuance of a COA. This process not only makes local ATC facilities aware of UAS 

operations, but also provides ATC the ability to consider airspace issues that are unique to 

UAS operations. The COA will require the operator to request a NOTAM, which is the 

mechanism for alerting other users of the NAS to the UAS activities being conducted. The 

conditions and limitations below prescribe the requirement for the petitioner to obtain an 

ATO-issued COA. 

The petitioner requested relief from 14 CFR § 91.205(b) Powered civil aircraft with standard 

category U.S. airworthiness certificates: Instrument and equipment requirements. Since the 
petitioner’s UAS does not have a standard category U.S. airworthiness certificate, relief from 

§ 91.205 is not necessary. 

While the petitioner requested relief from 14 CFR § 91.215 ATC transponder and altitude 

reporting equipment and use, the FAA is not granting relief. Section 91.215(b)(3) includes 

provisions for aircraft not originally certificated with an engine-driven electrical system or 

which has not subsequently been certified with such a system installed. For UAS not equipped 

with a transponder, sub-paragraph (d)(3) authorizes requests for ATC authorized deviations 

made to the ATC facility having jurisdiction over the concerned airspace within the time 

periods specified. For operation of an aircraft that is not equipped with a transponder, the 

request must be made at least one hour before the proposed operation. The FAA finds 

adherence to the conditions and limitations below as well as compliance with the ATC issued 

COA will ensure safety and is therefore not granting relief. 

Public Interest 

The FAA finds that a grant of exemption is in the public interest. The enhanced safety and 

reduced environmental impact achieved using a 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. 
The following table summarizes the FAA’s determinations regarding the relief sought by the 

petitioner: 

Relief considered (14 CFR) FAA determination (14 CFR) 

21 Subpart H Relief not necessary 

45.23(b) Relief not necessary 

61.113(a) and (b) 

Relief granted for paragraph (a) with 

conditions and limitations; paragraph (b) 

relief not necessary 

91.7(a) Relief granted with conditions and 

limitations 

91.9(b)(2) Relief not necessary 

91.109 Relief not necessary 

91.119 

Relief not granted for paragraph (a); 

paragraph (b) relief not applicable; 

paragraph (c) relief granted with 

conditions and limitations; paragraph (d) 

relief not applicable 

91.121 Relief granted with conditions and 

limitations 

91.151(a) Relief granted for paragraph (a)(1), day, 

with conditions and limitations 

91.203(a) and (b) Relief not necessary 

91.205(b) Relief not necessary 

91.215(b)(3) Relief not granted 

91.405(a) Relief granted with conditions and 

limitations 

91.407(a)(1) Relief granted with conditions and 

limitations 

91.409(a)(1) and (2) Relief granted with conditions and 

limitations 

91.417(a) and (b) Relief granted with conditions and 

limitations 

The FAA’s 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, FalconSkyCam is granted an exemption 

from 14 CFR §§ 61.113(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 FalconSkyCam to 
operate the DJI Phantom 2 to conduct aerial photography for real estate, surveying, marine 

photo and video, agriculture, and special events. This exemption is subject to the conditions 

and limitations listed below. 

Conditions and Limitations 

Relative to this grant of exemption, FalconSkyCam is here after referred to as the operator.

 

The petition and the following supporting documentation are hereinafter referred to as the 

operating documents: 

1) Phantom 2 User Manual v1.4 

2) Zenmuse H3-2D Gimbal User Manual v1.16 

3) Unmanned Aerial Vehicle and First Person View Pre-Flight Checklist 

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 following aircraft 

described in the operating documents which is the DJI Phantom 2 Unmanned Aircraft 

System, a quad rotor aircraft. Proposed operations of any other aircraft will require a 

new petition or a petition to amend this grant. 

2. UAS operations under this exemption are limited to aerial photography for conducting 

real estate photography, surveying, agriculture, marine photo and video and special 

events. 

3. The UA may not be flown at an indicated airspeed exceeding 29 knots (15 m/s). 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents. All 

altitudes reported to ATC must be 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. 

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 functions 

prescribed in the operating documents. 
7. The VO must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments. 

8. The operating documents and this grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy 

exists between the conditions and limitations in this exemption and the procedures 

outlined in the operating documents, the conditions and limitations herein take 

precedence and must be followed. Otherwise, the operator must follow the procedures 

as outlined in its operating documents. The operator may update or revise its operating 

documents. It is the operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator 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 upon 

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 operating documents. 

9. 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 must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records. 

10. 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 operating documents. 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 operating documents. 

11. The preflight inspection section in the operating documents 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 operating documents. 

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

overhaul, replacement, inspection, and life limit requirements. 

13. The operator must carry out their maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

and alterations must be noted in the aircraft logbook, including total flight hours, 

description of work accomplished, and the signature of the authorized UAS technician 

returning the UAS to service. The petitioner will return the UAS to the manufacturer 

for maintenance purposes as stipulated by the manufacturer’s maintenance program. 
14. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

15. The authorized person must make a record entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

16. The PIC must possess at least a private pilot certificate and a third-class airman 

medical certificate for all of petitioner’s flight operations. If the PIC holds a 

commercial pilot certificate he or she must hold at least a second-class medical 

certificate as required by 14 CFR §61.23. 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. 

17. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from 

persons, vessels, vehicles and structures. PIC qualification flight hours and currency 

must be logged in a manner consistent with 14 CFR § 61.51(b). The PIC must ensure 

that the VO is trained appropriately in order to fulfill her or her duties. A record of 

training must be documented and made available upon request by the Administrator. 

Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, 

and experience-building) are permitted under the terms of this exemption. However, 

training 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. 

18. 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. 

19. The UA may not operate within 5 nautical miles of an airport reference point 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 Notice to Airmen (NOTAM), as required by the operator’s 

Certificate of Waiver or Authorization (COA). The letter of agreement with the airport 

management must be made available to the Administrator upon request. 

20. 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. 

21. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property and land or be 

recovered in accordance with the operating documents. 
22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

23. The PIC will be prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 30% battery power 

remaining in accordance with the operating documents. 

24. The operator must obtain an Air Traffic Organization (ATO) issued COA prior to 

conducting any operations under this grant of exemption. This COA will require the 

operator to request a NOTAM not more than 72 hours in advance, but not less than 48 

hours prior to the operation. All operations shall be conducted in accordance with 

airspace requirements in the ATO issued COA including class of airspace, altitude 

level and potential transponder requirements. 

25. 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 (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

26. 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. 

27. 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. 

28. The UA must remain clear and yield the right of way to all other aviation operations 

and activities at all times. 

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

30. The UA may not be operated from an elevated platform. 

31. The UA may not be operated over congested or densely populated areas. 

32. Flight operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC or VO), vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from 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 and/or; 
b. The aircraft is operated near vessels, vehicles or structures where the property 

owner/controller has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and; 

c. Operations near the PIC or VO do not present an undue hazard to the PIC or 

VO per § 91.119(a). 

33. 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 prior to the beginning of every flight. 

34. 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. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

 

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

Issued in Washington, DC, on March 6, 2015. 

/s/ 

John S. Duncan 

Director, Flight Standards Service