July 15, 2015

Exemption No. 12061

Regulatory Docket No. FAA–2015–1269

Mr. Matt Green

MasseyGreenAVP

2478 Red Bluff Lane, #H

West Chester, OH 45069

Dear Mr. Green:

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 posted April 28 and June 17, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of MasseyGreenAVP (hereinafter petitioner or operator) for 

an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography and videography.

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 are the DJI Phantom 3 and DJI Inspire 1.

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 
2

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 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, MasseyGreenAVP 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.
3

Conditions and Limitations

In this grant of exemption, MasseyGreenAVP 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 3 and 

DJI Inspire 1 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, 
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 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.
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 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.
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 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.
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 (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.
8

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
M att G reen - Petition for Exem ption

This Other document was issued by the Federal Aviation Administration

(FAA)

For related information, Open Docket Folder 

C ontent

Matt Green 

2478 Red Bluff Lane #H 

West Chester 

Ohio 

45069 

USA 

qrgolfmarketing@gmail.com 

Petitioning for Exemption under Section 333 to use a UAS for non hobby 

use. 

I plan to fly over golf courses, parks, commercial warehouses, properties 

for sale, places of interest. All these properties will have full permission 

off the owners and everyone will be fully aware of my presence. 

Full permission from the venues will be in writing before flying. Staff and 

people in the area will be made aware of flying. Flights will not be over 

people or close to be of danger. No flights at night. Rotor blades,. New 

blades, batteries, UAS will be fully inspected prior to each days flight to 

make sure it is fully air worthiness, not only for safety but to avoid 

wrecking the UAS. Regular software and fireware updates and annual 

equipment maintain by certified hobby dealer to ensure craft is in great 

operational functionality. 

A spotter always on hand to look out for people on ground, obstacles in 

sky and double the number of eyes on the UAS. The spotter can also 

direct questions from public to allow full focus of myself whilst flying. 

I will log any flights from the UAS and make available to FAA when 

needed. 

The UAS will be operated below 400 feet and remain clear of 

surrounding obstacles 

Will not fly at speed and in a dangerous manner 

The aircraft will be within visual line of sight at all times 

Will fly well clear of and will not interfere with manned aircraft operations 

Wont fly within 5 miles of an airport, flying in class b airspace we will 

contact control towers for permission to fly 

Wont fly near people or stadiums 

Wont fly an aircraft that weighs more than 55 lbs 

Wont be careless or reckless with my unmanned aircraft 

 

C om m ent N ow !

ID: FAA-2015-1269-0001

D ocum ent Inform ati

Date Posted:

Apr 28, 2015

Show More Details 

Subm itter Inform atio

Submitter Name:

Anonymous Anonymous

C om m ents

0

D ocket Inform ation

This document is contained in

FAA-2015-1269

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Related Documents:

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 This count refers to the total 

comment/submissions received

this document, as of 11:59 PM 

yesterday. Note: Agencies revie

submissions, however some 

agencies may choose to redact

withhold, certain submissions (o

portions thereof) such as those 

containing private or proprietary

information, inappropriate langu

or duplicate/near duplicate 

examples of a mass-mail campa

This can result in discrepancies

C om m ents Received

*

Regulations.gov - Other Document Page 1 of 2

http://www.regulations.gov/ 4/29/2015
Radio frequency to comply with FCC regulations and on 5.8 hrtz 

I have over 200 Hours of safe UAS Flying under my belt and zero 

incidents. I follow all fly guidelines at all times and have been in contact 

with FAA Inspectors to discuss my flying and safety. 

Will always have spotter to add an extra set of eyes on the UAS. 

Always have full permission to video or photography a building, person 

or property. 

Best 

Matt Green 

between this count and those 

displayed when conducting 

searches on the Public Submiss

document type. For specific 

information about an agency’s p

submission policy, refer to its 

website or the Federal Register

document. 

Regulations.gov - Other Document Page 2 of 2

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6/19/2015 Regulations.gov ­ Other Document

http://www.regulations.gov/#!documentDetail;D=FAA­2015­1269­0003 1/3

Matt Green - Additional Information

This Other document was issued by the Federal Aviation

Administration (FAA)

For related information, Open Docket Folder

Content

As per request of FAA below is additional information regarding

to exceptions requested, public interest and information on the

planned craft i intend to use.

Matthew Green owner of MasseyGreenAVP seeking 333

Exception to fly Phantom 3 and Inspire 1 quad copters for

commercial use.

I plan to fly the Phantom Vision 3 Quadcopter for all my Aerial

gigs with the option of the Inspire 1 quad copter if also granted.

1. The Phantom 3 has a maximum takeoff weight of less than 3

pounds and thus offers a lightweight, small and compact video

platform compared to manned aircraft. The DJI Phantom 3 has a

maximum takeoff weight of 1300 grams or approximately 2.9

pounds. It has a diagonal length of 350 mm and a maximum

speed of 15 meters per second.

2. The Phantom 3 offers significant safety, noise, emission,

security and environmental benefits not available to larger

manned aircraft.

3. The Phantom 3 has numerous safety features such as

Failsafe mode, automatic landing should signal between PIC and

UAS be interrupted, GPS based altitude and distance locks,

Flight Limits function and low battery warnings. Geo location

locks so that flights in class A airspace and in restricted areas

are not allowed by the App.

4. Operations utilizing the Phantom 3 will provide a benefit to the

general public and serve the public interest by providing the

service of aerial photographic images and video to numerous

businesses and individuals for considerably less than the

previously only available option of utilizing manned aircraft at an

equivalent level of safety.

The video and images will help with online engagement in a safe

way.

Comment Now!

ID: FAA­2015­1269­0003

Document Information

Date Posted:

Jun 17, 2015

Show More Details

Submitter Information

Submitter Name:

Matt Green

Comments

0

Docket Information

This document is contained in

FAA­2015­1269

Related Dockets:

None

Related RINs:

None

Related Documents:

This count refers to the total

comment/submissions received on

this document, as of 11:59 PM

yesterday. Note: Agencies review

Comments Received*

U.S. DOT/FAA ­ Request for

Additional Information

Matt Green ­ Petition for

Exemption

*
6/19/2015 Regulations.gov ­ Other Document

http://www.regulations.gov/#!documentDetail;D=FAA­2015­1269­0003 2/3

5. By offering professional services at a very safe level this

should stop Uncertified people carrying out similar jobs unsafely

and without the proper experience and knowledge that i offer

from 18 months of Phantom 1,2 and 3 flying.

6. Matt Green hereby ask the Federal Aviation Administration

(FAA) for an exemption from part 21 subpart H ( 21.171 21.199)

and 45.23(b), 91.7(a), 91.9(b), 91.103, 91.109, 91.119, 91.121,

91.151(a), 91.203(a) and (b), and Subpart E (91.40191.417) of

Title 14, Code of Federal Regulations (14 CFR).

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

7. How this exemption would affect the public as a whole: Low

altitude aerial photography and video can provide a more detailed

visual perspective of a real estate property allowing houses

hidden by trees, behind walls to be show in its full light and able

to sell much quicker, helping the economy.

Standard aircraft cannot safely operate below 500 feet and

Google Earth satellite images may not show recent changes.

The proposed service will provide the public with an economical

alternative to the noise and safety issues related to low flying

aircraft or helicopters while providing a better perspective of the

subject property than can be brought by cameras on a rig or low

flying aircraft.

Areas of public interest can be captured from vantage points

previous unable to be obtained, with online engagement 95%

visual in modern society this allows people to view and be

attracted to new areas and attractions that otherwise they may

not have noticed and experienced.

Businesses will benefit economically as every angle can now be

covered in a video to showcase there operations and help

increase revenue, jobs and interest in the goods and services on

offer.

Taking stunning pictures that can be framed and preserved for

ever, a moment lost in history captured forever in an aerial photo,

taken low enough and safe enough to give a wow factor.

8. As previously mentioned safety is the first and foremost of our

business. Reasons why would not adversely affect safety or

how would provide a level of safety equal to existing rule:

Applicant has maintained a flight and maintenance log for all

aircraft from start of ownership, with the new Phantom 3 all flight

data is captured and stored in the main computer, all records

available to FAA when needed.

I was in the Royal Air force Training Core when i was 16 living in

the UK, i have always had a passion for flight. I currently own a

all submissions, however some

agencies may choose to redact, or

withhold, certain submissions (or

portions thereof) such as those

containing private or proprietary

information, inappropriate

language, or duplicate/near

duplicate examples of a mass­mail

campaign. This can result in

discrepancies between this count

and those displayed when

conducting searches on the Public

Submission document type. For

specific information about an

agency’s public submission policy,

refer to its website or the Federal

Register document.
6/19/2015 Regulations.gov ­ Other Document

http://www.regulations.gov/#!documentDetail;D=FAA­2015­1269­0003 3/3

photography and video production company and over the past 18

months as a hobby been flying my Phantom 1, 2 and now 3

safely and with out incident for over 200 hours of actual flight

time.

I am prepared to attend any training courses required that may

assists in the acquirement of an exception to carry out aerial

video and photography in a safe and controlled manner.

Very Best

Matt Green

MasseyGreenAVP

513­344­8980

qrgolfmarketing@gmail.com