September 1, 2015

Exemption No. 12690 Regulatory Docket No. FAA

− 20 15

− 1352

M s

. Kristen Brumbaugh

Blackhound Creative Werks

328 Bluestem Drive Elgin, SC 29045

Dear M s

. Brumbaugh :

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 s dated April

, 20 and July 25, 2015 you petitioned the Federal Aviation Administration (FAA) on behalf of Blackhound Creative Werks ( hereinafter petitioner or

operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aeri al videography and photography for real estate, marketing, and special

events

.

See Appendix A for the petition submitted to the FAA des cribing 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 a DJI Phantom 2 Vision +

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2

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

aircraft and its operation, the Secre tary of Transportation has determined that this aircraft

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

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness 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 collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather t han 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 requesti ng 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, Blackhound Creative Werks 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 (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limit ations

In this grant of exemption, Blackhound Creative Werks 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 DJI Phantom 2

Vision + when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend th is 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 mo re 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 ;

e lectronic messaging or texting is not permitted during flight operations. The P IC 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 c onduct 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

A dministrator 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 Administr ator 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 FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating doc uments.

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 thi s 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. T he 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 necessa ry 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 componen ts.

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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be5

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 (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated

under this exe mption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conduc ted 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 Direc tory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the 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 sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

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

20. 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 operat e 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 cond ucted in accordance with an ATO

- issued C OA. 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, reg istered in accordance with 14 CFR part 47, and have identification6

(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 no nparticipating 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 control led

- 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 FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.7

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 th e local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for al l 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 th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be use d;

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 t he 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.

Unles s 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 September 30, 2017

, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

EnclosuresApril	20,	2015

U.S.	Department	of	Transportation Docket	Management	System 1200	New	Jersey	Avenue	SE Washington,	DC	20590

RE:	Exemption	Request	Section	333	of	the	FAA	Reform	Act

Dear	Sir	or	Madam:

This	petition	is	being	submitted	on	our	behalf	wit h	legal	counsel	or	consulting

services.

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the Reform	Act)	and	14	C.F.R.	Part	11,	Blackhound	Creative	Werks,	a	design	and photography	studio	company,	hereby	applies	for	an	exemption	fro m	the	Federal

Aviation Regulations	(FARs)	listed	below	to	allow	operation	of	our	Small	Unmanned Aircraft	System	(sUAS)	commercially	in	airspace	regulated	by	the	Federal Aviation Administration	(FAA)	so	long	as	such	operations	are	conducted	with	and	under	th e conditions	outlined	herein	or	as	may	be	established	by	the	FAA	as	required	by

Section	333.

The	requested	exemption	would	permit	Blackhound	Creative	Werks	to	pursue	its commercial	interests	in	providing	services	to	clients	using	a	small	advanced	sUAV	in the	following	areas:

• Real	Estate

• Marketing

• Special	Events

Blackhound	Creative	Werks	states	that	all	sUAS	flights	will	occur	ov e r	private	or controlled	access	property	and	will	do	so	with	the	property	owner’s	consent	and knowledge	and	that	only	people	who have	consented	or	otherwise	agreed	to	be	in the	area	where	videography	will	take	place.Regulations	from	which	exemption	is	requested:

14	C.F.R.	Part	21

14	C.F.R.	45.23

14	C.F.R.	91.7

14	C.F.R.	91.9

14	C.F.R.	91.109

14	C.F.R.	91.119

14	C.F.R.	91.121

14 C.F.R.	91.151

14	C.F.R.	91.203

14	C.F.R. subpart	E	91.401

- 91.417

Unmanned	Aircraft	System

sUAVS	are	often	a s seen	as	superior	to	helicopters	as	an	aerial	gathering	platform due	to	the	smaller	devices,	cheaper	equipment	and	personnel	cost,	reduced	noise,

and	much	smaller	enviro nmental	impact	which	promotes	public	safety.

Blackhound	Creative	Werks	is	petitioning	for	an	exemption	to	operate	a	DJI

Phantom	2	Vision	Plus	with	a	built

- in	stabilized	HD	camera	and	GPS	safety	features which	limit	it’s	ability	to	limit	the	height	it	flie s	above	ground	level	(AGL).,	to	limit the	radius	of	the	distance	it	flies	from	the	operator	and	to exclude it	from	operations within	designated	Class	B,	C,	and	D	airspace	including	a	no

- fly	zone	feature.		The	DJI

Phantom	2	Vision	Plus	also	has	a	failsafe	fu nction	that	is	triggered	in	the	even

communication	is	lost	between	the	sUAS	and	the	main	controller	transmitter.		At that	time,	the	sUAS	will	return	to	its	point	of	takeoff	and	land	safety.		If	the connection	is	restored,	the	PIC	can	regain	control	of	flig ht	and	land	manually.

These	specifications	meet	with	the	Model	Aircraft	Operating	Standards	as	set	below:

The	petitioner	will	only	operate	its	sUAS	in	line

- of

- sight	of	a	pilot	and	will	operate	at sites	that	are	sufficient	distance	from	populated	areas	wi thin	a	sterile area described	in	the	FOPM.		Such	operations	will	ensure	that	the	sUAS	will	“not	create	a hazard	to	users	of	the	national	airspace	system	or	the	public.” When	flying	the	sUAS	within	five	(5)	miles	of	an	airport,	airport	operators	will	be

not ified	and	the	operator	will	give	the	right	of	way	to	avoid	flying	in	the	proximity	of

full

- scale	aircraft. Maximum	flight	time	for	each	operation	will	be	30	minutes. Flights	will	be	terminated	when	battery	levels	reach	25%,	allowing	sufficient reserve	flig ht	time	to	safely	land	the	sUAS. The	sUAS	will	be	programmed	so	that	it	will	not	be	operated	at	an	altitude	that exceeds	400	fee	AGL,	and	not	more	than	200	feet	above	an	elevated	platform	from which	videography	is	planned. Minimum	crew	for	each	operation	w ill	consist	of:	sUAS	pilot The	sUAS	operated	by	the	petitioner	weighs	less	than	25	pounds,	including	all payload	(ie:	camera,	lens,	&	stabilized	gimbal).The	sUAS	will	operate	at	speeds	no	more	than	50	knots,	can	hover,	and	can simultaneously	move	vertical ly	and	horizontally.

Given	the	small	size	of	the	sUAS	and	the	restricted	sterile	environment	within	which it	will	operate,	Blackhound	Creative	Werks’	operations	adhere	to	the	Reform	Act’s safety	requirements.

We	respectively	request	exemption	under	Sect ion	333	to	enable	Blackhound Creative	Werks	to	operate	efficient,	limited,	low

- risk	commercial	sUAS	operations for	the	activities	stated	respecting	at	all	times	the	space	and	privacy	of	citizens	and property	while	keeping	airspace	safe.

Sincerely, 

# Kristen Brumbaugh

Kris ten	Brumbaugh

Blackhound	Creative	Werks

328	Bluestem	Drive Elgin,	SC	29045

803

- 665

- 9136
Kristen@blackhoundcreative.comJuly	25,	2015

U.S.	Department	of	Transportation Docket	Management	System 1200	New	Jersey	Avenue	SE Washington,	DC	20590

RE:	Exemption	Request	Section	333	of	the	FAA	Reform	Act

– Request	for	Additional

Information

Dear Mr.	Robeson,

Please	find	e nclosed	in	this	letter	the	requested	additional	information.

In	your	letter	dated	June	26,	2015,	you	requested	further	reasons	why	the exemption	would	not	adversely	affect	safety	or	how	the	exemption	would	provide	a level	of	safety	at	least	equal	to	tha t	provided	by	the	rule	from	which	I	seek	an exemption.

The	commercial	service	that	I	(Blackhound	Creative	Werks)	would	like	to	provide would	be	photography	and	videography	of	real	estate	property	and	special	events.		I would	be	flying	the	sUAS	within	th e	guidelines	of	the	exemption,	no	higher	than	200 feet,	not	within	5	nautical	miles	of	an	airport	reference	point,	and	only	with	prior approval	from	the	property	owner	or	event	holder.

I	will	be	utilizing	the	DJI	Phantom		2	Vision	Plus	with	GPS	safety	f eatures	to	limit	the ability	of	flight	altitude,	the	radius	of	flight,	and	a	no

- fly	zone	feature	to	restrict flying	in	unallowable	airspace.			The	sUAS	features	a	trigger	system	in	the	event

communication	is	lost	between	the transmitter and	the	sUAS that	a utomatically returns	the	sUAS	the	home	point	set	at	the	time	of	initial	flight.

I	will	be	utilizing	pre	and	post	inspections	flights	on	the	aircraft	to	ensure	all	proper mechanics	are	in	place	to	ensure	safe	flight	of	not	only	the	aircraft,	but	also	the surrounding	areas.The	purpose	of	the	request	is	to	provide	data	(via	photography	and	videography)	to local	real	estate	professionals,	builders,	and	developers	to	enhance	marketing efforts	and	assist	in	inspections..

The	use	of	the	sUAS	by	Blackhound Creative	Werks	will	not	adversely	affect	the safety	of	the	public	because	it	will	be	utilized	within	the	restrictions	of	the exemption	and	will	always	be	flown	within	my	line	of	sight	and	with	a	visual observer.			The	use	of	sUAS	will	provide	a	level	of	sa fety	higher	than	that	of	a helicopter	or	other	aerial	data	performing	the	same	mission	due	to	it’s	lightweight size,	performance	capability, reduced	noise, and smaller environmental	impact.

The m aximum	flight	ti me	for	each	operation	will	be	30	minutes. Flights	will	be terminated	when	battery	levels	reach	25%,	allowing	sufficient	reserve	flight	time	to safely	land	the	sUAS.

Minimum	crew	for	each	operation	will	consist	of:	sUAS	pilot and	visual	observer.

T h e	sUAS	operated	by	the	petitioner	weighs	less	than	25	pounds,	including	all payload	(ie:	camera ,	lens,	&	stabilized	gimbal). The	sUAS	will	operate	at	speeds	no more	than	50	knots,	can	hover,	and	can	simultaneously	move	vertically	and horizontally. Given	the	small	size	of	the	sUAS	and	the	restricted	sterile environment	within	which	it	will	operate, Blackhound	Creative	Werks’	operations adhere	to	the	Reform	Act’s	safety	requirements.

We	respectively	request	exemption	under	Section	333	to	enable	Blackhound Creative	Werks	to	operate	efficient,	limited,	low

- risk	commercial	sUAS	operations

for	the	activ ities	stated	respecting	at	all	times	the	space	and	privacy	of	citizens	and property	while	keeping	airspace	safe.

Sincerely, 

# Kristen Brumbaugh

Kristen	Brumbaugh

Blackhound	Creative	Werks

328	Bluestem	Drive Elgin,	SC	29045

803

- 665

- 9136
Kristen@blackhoundc reative.com