May 13, 2015

Exemption No. 11572 Regulatory Docket No. FAA

– 20 15

– 0350

Mr. Christopher James Scherr

905 Southwest 36th Street Lee’s Summit, MO 64082

Dear Mr. Scherr :

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.

The Basis for Our Decision

By letter poste d February 11, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption. The exemption would allow the petitioner to operate an unmanned

ai rcraft system (UAS) to conduct videography and photography for real estate and to enhance

com munity academic awareness.

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 Phan tom 2.2

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 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, th e 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 collection

. 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 us ing 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 f oregoing, 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, Mr. Christopher James Scherr 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 perf orm aerial data

collection. This exemption is subject to the conditions and limitations listed below.3

Conditions and Limitations

In this grant of exemption, Mr. Christopher James Scherr 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 when weighing less than 55 pou nds 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 oper ated 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 m aximum 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 maint ains 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 PIC must be designated before the flight and cannot transfer his or her designation fo r 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 thi s 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

limita tions in this exemption and the procedures outlined in the operating documents,4

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 ope rator 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 up dated 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 documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration 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 mu st 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 i s 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 con dition 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 manu facturer 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.5

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 operated under this exemption, including evasive and emergency maneuver s 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 exemption are permitted under the terms of this exemption. However,

train ing 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 ap propriate 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 specia l 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 a irport 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 manag ement 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 operate after that for at least five minutes or with the reserve

power recom mended 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. The exemption holder may apply for a new or amended COA if it int ends to conduct operations that cannot be conducted under the terms of the attached COA

.6

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 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 manne d 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 arise s 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 proper ty 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 mu st 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

.7

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.

29. The operator must have a motion picture and television operations manual (M PTOM) 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 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 fil ming 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 used;

e. Name and certificate number of UAS PICs involved in the aerial filmi ng; 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 exemptio n 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 May 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service9

P roject Officer: _______________

CHRISTOPHER JAMES SCHERR

905 SW 36TH ST

LEES SUMMIT MO 64082I (Christopher James Scherr of 905 SW 36 th Street Lee’s Summit, MO 64082) plan to operate a

UAS, the PHANTOM 2, which is comprised of an unmanned aircraft , Zenmuse H3

- 3D camera

gimbal

, and a transportable ground station. The PHANTOM is referred to as a quad

- copter with

a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by

electric motors powered by batteries. The UA has a maximum airspeed of 30 knot s. I plan to

attach a small ultra

- lightweight GoPro Hero 3+ Black camera to the UA and operate the UA

over various areas near Kansas City, MO to enhance academic community awareness and

augment real estate listing videos for local real estate videographer s/photographers and real

estate agents .

I will abide by the following operational enhancements to ensure this exemption will provide a

level of safety at least equal to existing rules:

• I will only operate in reasonably safe environments that are strict ly controlled, are away from

power lines, elevated lights, airports and actively populated areas; and

• I will conduct extensive preflight inspections and protocols, during which safety carries

primary importance

given the size, weight, speed, and limited operating area associated with th e aircraft to be

utilized , an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203

(a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted

and meets t he requirements for an equivalent level of safety under 14 CFR part 11 and Section

333 of P.L. 112

- 95 (Section 333).

I request an exemption from § 45.23 Mar king of the aircraft because the UA will not have a

cabin, cockpit or pilot station on which to mark certa in words or phrases. Since two

- inch

lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal

lettering requirement I will mark the UAS in the largest possible lettering by placing the word

“Experimental” on it s fuselage as required by § 45.29(f) so that I or anyone assisting me as a spotter will see the markings.

I request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b)

Maintenance inspections may be required and should be grant ed since they only apply to

aircraft with an airworthiness certificate. However, as a safety precaution I will perfo rm a preflight inspection of the UAS before each flight as out lined in the UAS operation manuals and

user guides

.

UAS Pilot in Command (PIC)As a holder of a commercial pilot cer tificate for (Airplane single & Multiengine: rotorcraft

Helicopter Instrument airplane and Helicopter) I can achieve an equivalent level of safety as

achieved by current regulations because the UAS does not carry any p ilots or passenge rs. W hile

helpful, a pilot’s license will not ensure re mote control piloting skills. Furthermore, the risks of

operating a UAS are far less than the risk levels inherent in the commercial activities outlined in

14 CFR part 61, et seq., thu s I requests an exemption from § 61.113 Private Pilot Privileges and

Limitations: Pilot in command.

Regarding UAS operational training, I have flown numerous practice flights in remote areas as a

hobbyist simulating flights for future commercial use to gain familiarization with the

characteristics of the UAS’ perform ance in many different temperature and weather situations.

I have completed all flights with no incidences or accidents. I also understand the aerodynamic

characteristics of multi rotor aircraft to better understand the safe use of the UAS.

For the safety purposes I will abide by the following additional operating conditions:

• operat e the UAS below 300 feet an d within a radius distance of 8 00 feet from the controller

to both aid in direct line of sight visual observ ation;

• operate the UAS for 3

- 10 minutes per flight;

• land the UAS prior to the manufacturer’s recommended minimum leve l of battery power;

• operate the UAS only within visual line of sight (VLOS);

• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then

slowly lands if communication with the remote control pilot is lost;

• conduct al l operations under my own personal and flight safety protocols contained in the

operating documents and will actively analyze flight data and other sources of information to

c onstantly update and enhance my safety protocols;

• Will NOT operate within 5 mil es of airports.

• A lways obtain all necessary permissions prior to operation; and

• H ave procedures in place to abort flights in the event of safety breaches or potential danger.

§ 91.7(a) prohibits the operation of an aircraft without an airworthiness ce rtifica te. S ince there

is currently no certificate applicable to his operation, this regulation is inapplicable.§ 91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no pilots

or passengers on board his aircraft and give n its size, this regulation is inapplicable.

A level of safety will be achieved by maintaining a safety/flight man ual with the UAS ground

station at all times while operating.

§ 91.119 prescribes safe altitudes for the operation of civil aircraft, but tha t it allows helicopters

to be operated at lower altitudes in certain conditions. I will not operate the UAS above the

altitude of 300 feet above ground level (AGL) and will also only operate in safe areas away from

the public and traffic, thus “providing a level of safety at least equivalent to or below those in

relation to minimum safe altitude s.” G iven the size, weight, maneuverability, and speed of his

UAS, an equivalent or higher level of safety will be achieved.

§ 91.121 Altimeter settings is inapplica ble since he UAS utilizes electro nic GPS measuring

displaying in AGL.

I will always operate with a spotter, hereafter referred to as a visual observer (VO). I will brief

the VOon conditions and limitations that the VO can perform the functions prescribed i n the

operating documents. The UA will never be operated beyond the actual visual capabilities of

the VO, and the VO and PIC must have the ability to maintain visual line of sight (VLOS) with the

UA at all times. It is the responsibility of the PIC to be a ware 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. Additionally all persons not essential to

flight operations (nonpart icipating persons) will remain at appropriate distances or indoors

during flights. If at any time the safety of persons is in question the flight will be terminated

until such time the area of operation is made safe.

A erial videography for geographical aw areness and for real estate marketing has been around

for a long time through manned fixed wing aircraft and helicopters, but for small business

owners, its expense has been cost

- prohibitive. Granting this exemption would allow people to

provide this service at a much lower cost. Furth er, the small UAS will pose no threat to the

public given its small size and lack of combustible fuel when compared to larger manned

aircraft. Also the operation of the UAS will minimize ecological damage an d promote economic

growth by providing information to companies looking to relocate or build in the Kansas City,

MO metro area.