September 8, 2015

Exemption No. 12780

Regulatory Docket No. FAA−2015−2045

Mr. Peter P. Miller 

4981 Mallet Hill Drive

Cincinnati, OH 45244

Dear Mr. Miller:

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 May 20, 2015, and August 9, 2015, you petitioned the Federal Aviation 

Administration (FAA) for an exemption. You requested to operate an unmanned aircraft 

system (UAS) to conduct aerial photography, videography, and mapping.

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 3.

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 

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 
2

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, Mr. Peter P. Miller 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.

Conditions and Limitations

In this grant of exemption, Mr. Peter P. Miller is hereafter referred to as the operator.

 

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.
3

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 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 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. 

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 
4

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 

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 
5

(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 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
6

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.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
7

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.
8

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
U.S. Department of Transportation, 

Peter P. Miller 

4981 Mallet Hill Dr 

Cincinnati, Oh 45244 

Docket Operations West Building Ground Floor, Room Wl2-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

05/20/2015 

Petition for 333 Exemption 

I, Peter P. Miller, Airline Transport Pilot (airman certificate #3028069), of 4981 

Mallet Hill Dr. Cincinnati Oh. 45244, am petitioning the Federal Aviation 

Administration (FAA) for an exemption from part 21, subpart H; and Sections 

45.23(b), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) ofTitle 14, Code of Federal 

Regulations (14 CFR). This proposed exemption would allow me to operate a DJI 

Phantom Vision 3 Quad Copter Unmai:med Aerial System (UAS) for the purpose of 

aerial mapping, videographer arid real estate photography. The use of a UAS for . 

these activities will have a substantial social benefit. It will bring an over-head 

perspective to future customers that were previously only possible through the 

prohibitively expensive use of rotorcraft and fixed wing aircraft with expensive 

camera equipment. I would bring this service at an affordable price and due to the 

simple nature of the UAS, with substantial savings. 

Due to the ever-improving nature of this technology a new UAS can become obsolete 

within a few months of release. I am also seeking an exemption in addition the to 

one listed above, to include other unmanned aerial systems (UAS) that meet the 

operational limitations outlined in the notice of proposed rulemaking (NPRM) 

pertaining to the operation of small unmanned aircraft systems in proposed part 

107 to Title 14 Code of Federal Regulations (14 CFR). 

Safety 

I will utilize my knowledge as a professional pilot to maintain the highest level of 

safety during the proposed use of the UAS. Flight would consist of three parts: 

preflight, flight and post flight. 

The preflight will consist of extensive inspections of the area, the UAS and the 

airspace in which it will be operating. A detailed inspection of the UAS will be 

conducted and all major systems will be examined, including power plant, airframe 

and controls. Any discrepancy will be noted and if the discrepancy affects the safety 

of the flight, the flight will not: corimi.ence. . ' . 

Operations will only cominerice in reasonably saf~ environments that will be strictly 

controlled during the flight of the oAs. The area willbe surveyed for power lines, 
] 

elevated lights and other property with the potential to affect the safety of the flight 

There will be no flights within the proximity of active airports without first 

contacting the appropriate agencies or authorities to ensure the highest level of 

safety and compliance with all regulations. Operations will also not commence 

where there is a reasonable possibility of inadvertent physical contact with the 

populace. 

During the flight portion of the operation, safety will be the primary concern. Given 

the size, weight, speed and limited operating area ofthe UAS; flight will be 

inherently safe. The UAS will not be operated above individuals not associated with 

its operation and care will be given to avoid property that was noted during the 

preflight inspection of the area. 

During the post-flight debrief, all individuals associated with the operation will 

evaluate the success of the operation and address any concerns brought forward 

about the safety of the flight. Any pertinent issues will be noted and action will be 

taken to ensure the safety of future flights. 

Exemptions from regulations 

All proposed exemptions from regulations are listed below and are accompanied by 

reasoning as to why it would be unreasonable to comply with the regulation. 

• 14 CFR § 21 Subpart H: Airworthiness Certificates and 91.203 (a) and (b): 

Certifications required 

o Given the size, weight, speed, and limited operating area 

associated with the aircraft to be utilized, an exemption is requested and 

would meet the requirements for an equivalent level of safety under 14 CFR 

part 11 and Section 333 ofP.L. 112-95 (Section 333) 

• 14 CFR § 45.23: Display of marks; general 

o An exemption is requested because the UAS has no cabin, cockpit or 

pilot station on which to display certain words or phrases. Furthermore, is would be 

unreasonable to mark the aircraft with 2 inch lettering since the airframe has 

dimensions smaller than the minimal lettering requirement I will place the word 

"Experimental" on the airframe of the UAS as required by§ 45.29(t) so that anyone 

assisting as a spotter and I will see the markings. 

• 14 CFR § 91.9 (b) (2): Civil aircraft flight manual, marking and placard 

requirements 

o An exemption is requested from the cited regulations because the UAS 

manufacturer does not supply a flight manual that contains information found in 

manuals supplied by manufacturers of traditional aircraft. Also, due to the size, 

weight, speed and operating area of the aircraft to be utilized it would be unrealistic 

to expect it to. 

• 14 CFR § 91.119: Minimum safe altitudes 

o An exemption is requested from the cited regulations due to the 

purpose that the UAS being used was created for. This UAS is designed for use in an 

environment that is contrary to this regulation. 

Also, the UAS would not be operated at an altitude of more than 5 00 

feet above the surface, as to not interfere with any potential air traffic. • 14 CFR § 

91.121: Altimeter settings 
o An exemption is requested because no pitot static system is installed in the 

aircraft and due to the altitudes is operates at adherence to this regulation would be 

unrealistic and unnecessary. Also, GPS position information is transmitted to the 

aircraft controller, providing much more accurate information than what would be 

shown by a traditional altimeter. 

• 14 CFR § 91.151: Fuel requirements for flight in VFR conditions 

o Due to the nature of the aircraft being used, adherence to the 

regulation would be unrealistic. The UAS has an average flight time of 

approximately 25 minutes and a "return to home" function in the event of an 

impending power failure. Therefore, an exemption from the cited regulation is 

requested. 

• 14 CFR § 91.405(a): Maintenance required, 91.407(a)(1): Operation after 

maintenance, preventative maintenance, rebuilding or alteration, 91.409 (a)(2): 

Inspections, 91.417(a) and (b): Maintenance records 

o Exemptions are requested from the cited maintenance regulations because they 

only apply to traditional aircraft with an airworthiness certificate. 

Qualifications and closing 

By granting me a section 333 exemption I will be able to bring a service to my 

community that before, was associated with high cost and high environmental 

impact. As a professional pilot, the skills and knowledge that I have gained through 

training and experience will add an additional level of safety to the operation of the 

UAS. Coupled with an in-depth knowledge of airspace, Federal Aviation Regulations 

(FARs), safety of flight and science of flight information I believe there should be no 

question as to the soundness of my petition for exemption. 

*Note 

All information regarding the DJI Phantom 3 quad copter can be found on the 

manufacturers webpage below. Model specifications will be submitted with this 

document for ease of reference. 

http: //www.dji.com /product/Phantom . 

Sincerely,