August 28

, 2015

Exemption No. 12649 Regulatory Docket No. FAA

– 20 15

– 1468

Mr. Cody Anderson
20215 12th Avenue Northwest Shoreline, WA 98177

Dear Mr. Anderson :

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 April 28, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption

. You requeste d to operate an unmanned ai rcraft system (UAS) to conduct aerial photography, videography, cinematography, mapping, surveying, and inspections

.

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 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 Quantum Nova

.

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 Transportation2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA
finds that relie f 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 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. 11 062, 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. Cody Anderson is granted an exem ption 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. Cody Anderson 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 (part iculate 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 Quantum Nova
when w eighing 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
airs peeds 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 withi n 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 ;

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 f

light. 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, a re 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 rev ise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised4

documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised docum ents 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 gr ant 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 chara cteristics, 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 sa fe 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 equip ment. 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 m ust 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 Distric t 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.

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 with5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experie nce

- 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 dur ing 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 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 aut horized.

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 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 Admi nistrator 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 unl ess (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. A ir 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 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 CF R 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 Contro l 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 a ll 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 gran ted 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 property owner/co ntroller 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 repor ted
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

.

If this exe mption 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 do cumented 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 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 filming conduc ted 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 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 hold er 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 t he UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,
parts 45, 47, 61, and 91.

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

Sincerely,

/s/
John S. Duncan Director, Flight Standards Service

EnclosuresCody Anderson

April 28, 2015

20215 12 th Ave NW

Shoreline

, WA 98177

Cell (206) 708 3382

Home (206) 542 4558

Email: andersoncody@ou tlook.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Exemp tion Request Section 333 of the FAA Reform Act of 2012

References: 1) FAA Exemption No. 11 138, Regulatory Docket No. FAA-2014-0481 in

the matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA

– 2014

– 0508

in the matter of the petition of ADVANCED AVIATION SOLUTIONS

LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA-2014-0355 in

the matter of the petition of FLYING CAM INC

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under

section 333 of the FAA Modernization and Reform Act of 2012, I Cody Anderson

, referred to

hereafter as the petitioner, request exemption from the following sections of Title 14, Code of

Federal Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(1); 91.409(a)(2); 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated

by the Federal Aviation Administration ( FAA) for the purposes of aerial photography,

cinematography, videography, mapping, crop surveying, inspections and other flig ht operations

that could be performed safely and more cost effectively with the use of small UAS at low

altitude within the U.S. natio nal airspace system as compared to a manned aircraft. Operations

will be performed only at the request of and with the aut horization and permission of clients or

their authorize d agents in order to facilitate commerce and raise awareness of the beneficial uses

of small unmanned air systems. So long as such operations are conducted within an d under the

conditions outlined here in or as may be established by the FAA as required by Section 333. The

conditions identified and proposed by the petitioner are drawn from references 1-3.

The FARs

The petitioner seeks exemption from the above mentioned FARs for the following

reasons;

61.1 13(a) & (b); The petitioner requests re lief in order to facilitate the utilization of pilots,

who hold a PRIVATE PILOT (or g reater) certificate. Any pilots operating under this exemption

would be required to co mply with any conditions as set forth and in a similar fashion to the

previously granted exemptions.

91.119(c) As discussed in Exe mption 11138 (DOUGLAS TRUDEAU), operations

conducted closer than 500 feet to the gr ound may require that the UA be operated closer than

500 feet to essential persons, or ob j ec ts that would not be possible without additional relief. The

petitioner requests modifi cation, waiver or exemption and clarification concerning the terms

“congested area s” and “densely populated”. The petitioner requests waiver for this condition to

all ow reasonable and responsible operations in areas of subdivisions and neighborhoods if

required.91.121 As discussed in Exemp tion 11138 (DOUGLAS TRUDEAU) is inapplicable since

the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor

for altitude information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS

LLC) prior relief has been granted for man ned aircraft to operate at less than the prescribed

minimums, including Exemption Nos. 2 689, 5745, and 10650. In addition, similar UAS-specific

relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions.

The UAS prov ides battery power remaining in percent to the PIC. The UA batteries provide

approximately 25 minutes of powered flight. Information provided in the operating documents

discusses procedures regarding remaining battery power management. Those documen ts contain

a condition in which the PIC will initiate a landing procedure when battery remaining reac hes a

specified level. Given the limitations on proposed operations and the location of those proposed

operations, The FAA found that a reduced minimum powe r reserve for flight in daytime VFR

conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1 ) & (2); 91.417(a) & (b) As discussed in

Exe mption 11138 (DOUGLAS TRUDEAU), The pet itioner proposes to inspect and ensure that

the UAS is in a condition for safe flight i n accordance with the operating documents. The FAA

found that adherence to the petitio ner’s operating documents and the conditions and limitations

specified, describing th e requirements for maintenance, inspection, and recordkeeping, were

sufficient to ensure that safety would not be adversely affected.

The UAS

The Quanum Nova is a consumer grade small rotorcraft in the quadcopter configuration with an

ad vertised weight of less than 875g designed primarily to carry aloft a hi gh defini tion camera. It

has an advertised maximum speed of less than 30 knots (15m /s) and a maximum climb rate of

less than 1200 feet per minute (6 m/s). It is powered by four electric motors with a distance

between motors of less than 14 inches (350mm) I t utilizes an internal inertial measuring unit

(IMU) with integrated barometr ic sensor augmented with global positioning system (GPS) to

maintain its geospatial orientation and position. It is controlled primarily through an FCC

certified radio con trol (RC) unit. Real time video information is transmitted back to a grou ndcontrol station allowing the operator and/or PIC camera imagery and control camera angle. It has

failsafe modes of operatio n for either loss of RC or GPS signal. Altitud e can be limited by the

onboard flight cont roller and maximum altitude can be preprogrammed by the PIC. Battery life

limits flight times t o approximately 15 minutes. The onboard flight controller will warn the pilot

via external lighting and audio cues before r eaching a low battery state. An automatic

termination of flight and landing will be initi ated when the battery reaches a predetermined low

state. It is anticipated that flights will usually last less t han 10 minutes. T his quadcopter is based

on the DJI phantom and shares many characteristics

. More informati on is available at this link,

and in the manual ( attachment 1)

http://www.hobbyking.com/hobbyking/store/__55108__Quanum_Nova_FPV_GPS_Waypoint_

QuadCopter_w_out_Battery_Mode_2_Ready_to_ Fly_.html?gclid=CjwKEAjw3_ypBRCwoKqK

w5P9wgsSJAAbi2K9NSkysI55OVgNVctbHxh94_f5qrL1_FXNz5E_p4clyhoCHJ3w_wcB

Risk mitigation

The petitioner has reviewed FAA exemptions reference’s 1­3 Conditions and

Limitations section and believes that the procedures s pecified therein are reasonable and will be

utilized in order to manage and mitigate r isk and ensure public safety. A preflight checklist will

be developed and employed to e nsure that the UA airworthiness will be verified before launch.

Airworthiness wil l be maintained by performance of routine inspections before each flight,

maintaining flight and maintenance logs to record time on failure-prone components.

The petitioner request that in a manner similar t o reference 3, he be allowed to operate

within 5 miles of an airport provided that;

“The UA may not operate in Cl ass B, C, or D airspace without written

approval from the FAA. The UA ma y not operate within 5 nauti cal miles of the

geographic center of a non towered airport as denoted on a current FAA-publi shed

aeronautical chart un less a letter of agreement with that airport’s management is

obtained, an d the operation is conducted in accordance with a NOTAM asrequired by the operator’s COA. The letter of agreement with the airport

managemen t must be made available to the Administrator upon request.”

Operations within 5 miles of an airport are not anticipated t o be routine but the petitioner is

requesting a mechanism to facilitate such activities without requesting a new and separate

exemption(s) should the need arise. Operati ons within class B airspace are not requested due to

the lack of mode C transponder.

Public interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the

e nvironmental impact as compared to similar operations co nducted with manned aircraft of

greater proportions, carrying a crew and flammable fue l. Additionally, use of the UAS in order to

facilitate commerce could lead to economic growth. Operations for this petition will enable

service for property owners or thei r designees seeking an enhanced perspective for

characteristics, amenities, and benefit s of their desired photographic subjects that cannot be

displayed through ground level videography/photography. Aerial photography is a valuable

marketing tool that can lead to increased commerce and enhance personal photography. Crop

surveying appli cations could lead to decreased use of pesticides and fertilizer and conservation

of water as well as increased crop y ields and decreased costs. Aerial surveying and ins pections

can increase work site efficiency, improve volumetric estimations and reduce ris ks. The

petitioner will provide clients with photographic data for these purposes on a ‘for hire’ basis

acting as an independent contractor. A visual observer will be utiliz ed. Liability insurance will be

obtained commensurate with the granting of this req uest for exemption. Flight data including UA

flight time, Control Unit operation time, incident, accident, and detai ls concerning any deviations

from normal operations will be available to FAA for use in collecting data regarding the use of

UAS as part of thi s application. This data may be submitted to FAA via traditional means, e.g.

COA Monthly Reports, or other means as required.

ConclusionThe petitioner is requesting this exemption for the purposes of “aerial photography,

cinematography, videography, mapping, crop surveying, inspections and other flight operations”.

The reason for such a general and broad based request is that the petitioner wishes to utilize a

business strateg y of horizontal i ntegration and maximize economies of scope in order to

capitalize on opportunities as they may arise in the future without the long turnaround time

associa ted with additional exemptions The petitioner's business model is based on the id ea of

offering ad hoc small UAS services to individuals or companies who wish to employ these

services as a safe, effec tive, and legal option to enhance their business or hobby. The petitioner’s

own market research shows pent up demand for these servic es currently exists in the real estate

market and other markets are just beginning to emerge. Although videography and phot ography

are included in the request, the primary objective will be aerial survey of farm crops for precision

agriculture. The petitioner has identified un iversities and other agencies that could benefit from

the operation requested in this application.

A q uick internet search will show that many are currently operating similar UAS in

exactly this fashion without, it is assumed, FAA au thorization. The petitioner has refrained from

engaging in commercial use of the UAS. The primary purpose of seeking this exe mption is to

obtain the capability to offer th ose services while remaining in co mpliance. The petitioner has 8

years of experience in t he radio control model aircraft hobby

.

Respectfully submitted,

Cody Anderson