September 1, 2015

Exemption No. 12690

Regulatory Docket No. FAA−2015−1352

Ms. Kristen Brumbaugh

Blackhound Creative Werks

328 Bluestem Drive

Elgin, SC 29045

Dear Ms. 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 letters 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 aircraft system 

(UAS) to conduct aerial videography and photography for real estate, marketing, and special 

events.

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 a DJI Phantom 2 Vision+.

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

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

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

14 CFR part 21, 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, 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 (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

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This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
April	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	with	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	from	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	the	

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	over	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	as	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	environmental	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	flies	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	function	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	flight	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	within	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	

notified	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	flight	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	will	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	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	activities	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@blackhoundcreative.com
July	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	enclosed	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	that	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	the	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	features	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	automatically	

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	safety	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	maximum	flight	time	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.		

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	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	activities	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@blackhoundcreative.com