August 6, 2015

Exemption No. 12373 Regulatory Docket No. FAA

– 20 15

– 1970

Mr. Adrey Arrojo
Visual Aerial Pros
15954 S outhwest Sixth Street
Pembroke Pines

, FL 33027

Dear Mr. Arrojo :

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 15, 2015 , you p etitioned the Federal Aviation Administration (FAA) on
behalf of Visual Aerial Pros ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography and videography

.

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 Fede ral 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 are the DJI Inspire 1 and DJI Phantom 3

.2

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 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 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 than a manned aircraft of significantly greater proportions, carrying crew in
ad dition 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 rel ief 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, Visual Aerial Pros 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

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

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.

Conditions and Limitations

In this grant of exemption, Visual Aerial Pros 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 Inspire 1 and
DJI Phantom 3 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 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

c orrective 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. Th e VO and PIC must be able to communicate verbally at all times ;

e lectronic 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 fli ght. 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 operating4

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 a nd 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 revis e 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 documen ts 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 gran t of exemption. The FA A’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 charact eristics, 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 fe et 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 equipme nt. 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 mus t 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 gr ant 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 Federal5

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 n ot 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 operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances fr om 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 experienc e

- 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
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 nonparticipan ts 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 symbo l as denoted on the curre nt
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 A dministrator 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 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 cond ucted in accordance with an ATO

- issued COA. The6

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 (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 Con trol 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 a t 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 pre sent 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 c loser 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 auth orized 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 be7

reported to the National Transportation Safety Board (NTSB) per instructions
contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits o perations for the purpose of closed

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

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 a rea of proposed filmin g. 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 g rant 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 used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the op erator 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(May

15, 2015)



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

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

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, Visual Aerial Pros, seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for (1) DJI Inspire 1, and (1) DJI Phantom3 quadcopters manufactured by DJI
Innovations.

The requested exemption would support an application for a commercial Certificate of Authorization to use the system to support aerial photography and videography. The DJI Inspire 1 (6.5lb) and DJI Phantom3 (3 lb) consist of a battery operated aircraft, a tablet

- based ground control station and/ a RC Controller, and associated communications equipment. Both aircrafts carry an onboard geo

- referenced gimbaled camera that allows it to obtain photography and videogr aphy.

The Unmanned Aircraft System will be operated in the field with a PIC in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS".

Visual Aerial Pros respectfully requests the grant of exemption allowing to operate lig htweight , remote controlled UAS's lawfully and safely.

Visual Aerial Pros also respectfully requests Exemption Request Section 333 from (but not limited to) the Specific Sections of Title 14 of the Code of
Federal Regulations and part ll of the Federal A viation. Regulations listed
below.

### 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)

The extent of relief Visual Aerial Pros seeks and the reason why:

Visual Aerial Pros is seeking relief from any applicable FARs operating to prevent Visual Aerial Pros from conducting aerial shots of real estate and other possible legal flight operations. The weig ht of the UAS meets the definition of ''small unmanned aircraft” found in section 331 "The Reform
Act”

. Visual Aerial Pros seeks to operate legally as a small business that cater mostly to real estate agents. Realtors are not allowed to use UAS's or
hire u nless they or the person they hire, is al lowed by the FAA to fly a UAS.
Visual Aerial Pros would satisfy the need for safe and affordable aerial
shots.

At less than 7 pounds, Visual Aerial Pros uses UAS that is considerably less than 55 pounds including the camera that is attached. The UAS will be used at speeds under 35 mph because of the nature of the business and the limited physical capabilities of the UAS. It is designed to hover and take pictures. The UAS will be in accordance with flying well below 400ft.

The UAS in which Visual Aerial Pros would be using only utilizes battery power for its operations. There are no combustible fuels used in the UAS that Visual Aerial Pros uses. The maximum flight t ime for our particular UAS is 20 minutes battery l ife. It will fly no more than 15 minutes maximum at one time at one location. The amount of time the UAS will be in the air, less than 400ft, is very minimal.

A Safety system in place for Visual Aerial Pros UAS includes a GPS mode that allows the UAS to return home if communication is lost. Further, the GPS onboard allows the UAS to return back to its launched position if the battery life of the UAS is low.

### THE GROUND STATION PART OF THE SYSTEM:

A Pilot in Command (PIC) in operational control o f a flight operation from beginni ng to end and who controls the UAS while in the air. Additionally, the line of site of the UAS will not leave the sight of the PIC.

A 2.4GHz radio transmitter/controller operated by the PIC to control the U.AS while in fl ight;

A radi o receiver receiving live video, and flight data from the on

- board
camera and c omputer. It projects it all in one screen to the Pilot in Command

The UAS, weighing less than 7lbs fully loaded, is powered by batteries and operates with no peo ple on board which lowers the likelihood of death or serious bodily injury. With a small payload consisting of harmless electronics such as a camera and GPS, the UASs only purpose is to be
used as a tool to take pictures and videos.

Low level aerial photo s and video from several angles are far more effective than ground based photos. Low level aerial video and pictures show the layout of properties with the advantage of seeing more in one photo or short video.

Current applicants have used helicopters and small planes for this purpose but the cost of fuel, time, and emissions of such aircraft is not efficient enough for most customers to afford.

The benefits of reduced cost and improved efficiency of the UAS allows future customers to afford this service with a faster turnaround time at a
lesser cost.

Additionally, I respectfully request that VISUAL AERIAL PROS be allowed to use the UAS to benefit possible first responders our local area for actions that could benefit the public. Such as, fires and sear ch and rescue.

### Visual Aerial Pros will not operate a UAS near airports and generally does

not fly over crow ds. Situational awareness is most important . The areas where Visual Aerial Pros conducts aerial photography is predetermined which allows for a co ntrolled environment to operate safely. With allowing Visual Aerial Pros to conduct business with a light weight UAS, it could very well help the economy and benefit people in first response situations. Further, Visual Aerial Pros UAS is considerably light er than the alternative which is a helicopter or small plane. Currently, Visual Aerial Pros has 2 UAS which only operates off 20 minutes of battery power. Therefore, the UAS used by Visual Aerial Pros would only have a flight time
of 5

- 15 minutes at one time. The likelihood of injury or even death with such a small unmanned aircraft, compared to an aircraft flown by a person loaded with combustible fuel, is considerably low

SUMMARY:

Visual Aerial Pros is more than willing to follow the safety guideli nes of the FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS'1 with the appropriate exemptions for flying a small UAS.

A

- No flight will be made with a UA Gross weight exceeding 55lbs

B

- All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an airspeed of not more than 25 knots and no further than 3/4 NM from the Pilot In Charge

C

- Operations will be restricted to flights over private property with the

p ermission of the property owner

D

- All requ ired permits will be obtained from state and local government prior to operation

E

- The UAS will not be operat ed over densely populated areas

F

- The UAS will not be operated at air shows

G

- The UAS will not be operated over any open

- air assemb ly of people

H

- The UAS will not be operated ove r heavily trafficked roads

### I

- The UAS will not be operated within 5 N M of an airport or heliport

J

- Operations will be rest ricted to day only an d weather conditions equivalent to VFR

K

- The PIC will notify property owner about the operation and risk before the first flight at each new location;

L

- No flight may be made without a Pre

- Flight Inspection by the PIC before each operati on to ascertain that the UAS is in a condition safe for flight (see Appendix A).

My operations above are the bare minimum safety guidelines Visual Aerial
Pros will follow. Visual Aerial Pros is also more than willing to follow any additional safety requirements if not listed above.

Visual Aerial Pros believes flying its UAS a s a small business within th e safety parameters of the FAA, can help people and promote the economy.

The name and contact information of the applicant is:
Visual Aerial Pros Attn; Adrey Arrojo
Phone: 305

- 431

- 3777
Email: VISUALAERIALPROS@GMAIL.COM

Visual Aerial Pros respectfully requests that the FAA grant its exemption request without delay. I very much look forward working together with you

guys. Thank you for your time.

Respectfully,

Adrey Arrojo
Visual Aerial Pros
305

- 431

- 3777