September 25, 2015

Exemption No. 13011 Regulatory Docket No. FAA

− 20 15

− 2175

Mr. Austin Coulson Director of Operations
AndOr Productions Inc.
3502 East Blanche Drive Phoenix, AZ 85032

Dear Mr. Coulson :

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 posted to the public docket June 16, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of AndOr Productions Inc

. ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography and videography

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and
the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the 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 2

.

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 relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced s afety 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 th e 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, AndOr Productions Inc. 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 opera te 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, AndOr Productions Inc. 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 DJI Phantom 2 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 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, 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 revised4

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 comp onents, 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 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
main taining 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 (trai ni 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, training operat ions may only be conducted during dedicated training sessions. During
traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from 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 sy mbo 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 mus t 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 prohibi ted from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to co nduct 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) ma rkings 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 nonpartici pating 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 r emain 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 control led

- access property with permission from the property owner/controller or aut horized 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 opera tional area as defined by the applicable COA must be reported
to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must 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 mot ion 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 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 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 certific ate 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 t o 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
essenti al 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 specifie d 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.

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

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

EnclosuresAndOr Productions Phoenix, Arizona

To W hom It May Concern: Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA) and 14 CFR Part
11

, AndOr Productions Inc requests an exemption from the Federal Av iation Regulations outli ned below

. AndOr Productions requests exemption in order to allow its use of the DJI Phantom 2 Unmanned Aerial System (UAS) in commercial operations for purposes of aerial photography/videography , so long as such operations are conducted within and under t he conditions outlined herein or as may be established by the F AA as required by Section 333 or Section 49 USC § 44701. AndOr Productions is willing to comply with conditions that the F AA has issued in recent Section 333 exemptions, specifically Exemption 111 53 (Burnz Eye V iew). Due to this agreement, in addition to the strong similarity of AndOr Productions' operations compared to those already approved for exemption, the
FA A should be able to summarily process and approve this petition.

NAME AND ADDRESS OF THE PETITIONER AndOr Productions Inc
Attn: Austin Coulson, Director of Operations 3502 E Blanche Dr Phoenix, AZ 85032 Phone: 480.305.4302 Email: info@andorpro.com

REGULA TI ONS FROM WHICH THE EXEMPTION IS REQUESTED 14 CFR § 61.1 13(a) & (b) 14 CFR § 91. 7(a) 14 CFR § 91.1 19(c) 14 CFR § 91.151(a) 14 CFR § 91.405(a) 14 CFR § 91.407(a)(1) 14 CFR § 91.409(a)(1) & (2) 14 CFR § 91.417(a) & (b)

The Petitioner also requests exemption from any other regulations the F AA deems necessary in order to operate the UAS as described herein.

I. DESCRIPT ION OF ACTIVITIES AndOr Productions wishes to use the DJI Phantom 2 UAS for commercial photography and videography under controlled conditions in airspace that is limited, predetermined and access

- controlled. Primarily , the function of the UAS operated by AndOr Productions will be for supplemental photography of real estate for the land owner

. By operating a small, lightweight aircraft under a strict set of limitations, AndOr Productions will be able to operate UAS in the N ational Airspace System (NAS) while satisfying the FMRA § 333 requirement to achieve an equivalent level of safety when compared to traditional aircraft. AndOr Productions further believes that its proposed operations will actually increase the level of sa fety when compared to traditional, manned aircraft carrying combustible fuel.II. DESCRIPTION OF AIRCRAFT

AndOr Productions plans to operate a DJI Phantom 22 UAS system. The Phantom 2 is a multi

- rotor aircraft equipped with an onboard NAZA computer stabil ization controller and GPS. The maximum loaded takeoff weight of the Phantom 2 is less than 3 pounds and the maximum airspeed is less than 30 knots. The DJI Phantom 2 operated by AndOr Productions will also contain a DJI iOSD Mini3 to provide real

- time
fli ght telemetry to the Pilot in Command (PIC). Data points include:

• Power voltage and battery level percentage

• Distance between aircraft and home point

• Altitude

• Pitch/roll attitude

• Airspeed

• GPS status

• Aircraft nose direction

• Ve rtical velocity

• Azi muth angle The NAZA

controller and GPS allow the operator to set flight limits restricting the maximum altitude Above Ground Level (AGL) and maximum horizontal distance between the home point (takeoff point)
and the aircraft. While the PIC will alway s be aware of these factors, the automated geo

- fencing technology provides a useful redundancy in keeping the aircraft within the Area of Operation (AO).

III. PILOT IN COMMAND Section 61.1 13(a) and (b) prescribes that

— (a) No person who holds a private pi lot certificate may act as a PIC of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may

, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. In Grant of Exemption No. 1 1062 to Astraeus Ae rial (Astraeus), the F AA determined that a PIC with a private pilot certificate operating the Astraeus UAS would not adversely af fect operations in the NAS or present a hazard to persons or property on the ground. AndOr Productions ’s proposed operation doe s not differ significantly from the situation described in Grant of Exemption No. 1 1062 to Astraeus. AndOr Productions plans to operate over property with the permission of the land owner/controller while also limiting access to the property during operati ons. Given the similar nature of AndOr Productions' proposed operating environment to that of Astraeus, the parallel nature of private pilot aeronautical knowledge requirements to those of commercial requirements, and the airmanship skills necessary to ope rate the UAS, AndOr Productions believes that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for the proposed operations. Therefore a PIC holding a private pilot certi ficate and valid drivers license is appropriate for the proposed operations.

IV

. AL TI TUDE Section 91.1 19(c) prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below an altitude of 500 feet above the surface, e xcept over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Relief from § 91.1 19(c) is necessary because the aircraft will be operated at altitudes l ess than 500 feet AGL. By definition, the Unmanned Aerial Ve hicle (UA V) will be operated closer than 500 feet to persons or property

. An equivalent level of safety will be achieved given the size, weight, speed, and material with which the Phantom 2 is bui lt, as well as adherence to the following procedures:
1. The UA V will not be operated over congested or densely populated areas (defined as open airassemblies of persons or other areas where a safe forced landing cannot be accomplished due

to risk of enda ngering persons or property on the ground). 2. Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, V

isual Observer (VO), operator trainees or essential persons), vessels, vehicles, and struct ures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA V and/or debris in the event of an accident. AndOr Productions will ensure that nonparticipating persons remain under such protection. If a sit uation arises where nonparticipating persons leave such protection and are within 500 feet of the UA V, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vess els, vehicles or structures has granted permission 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, and; c. Operations nearer to the PIC, VO, operator trainee s or essential persons do not present an undue hazard to those persons per § 91.1 19(a).
3. All operations will be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission f rom the land owner/controller or authorized representative will be obtained for each flight to be conducted. In all situations, the PIC will make a safety assessment of the risk of operating closer than 500 feet to persons, vessels, vehicles, or structures and will only undertake the operation if he/she determines that it does not present an undue hazard. The F AA has approved similar exemptions in 1 1062, 1 1063, 1 1064,
11 065, 1 1066, 1 1067, 1 1080, 1 111 0, and 1 11 53.

V. FUEL REQUIREMENTS Section 91.151(a) pres cribes that no person may begin a flight in an airplane under visual flight rules (VFR) conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising sp eed

— (1) During the day

, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.
Relief from § 91.151(a) is necessary because the DJI Phantom 2 will only operate for approximately 25 minutes per charge, making operation of the aircraft impossible under this section. Safety features of the Phantom II include low battery warnings at 30% capacity and an automated landing when the battery reaches 15% capacity . These features, teamed with the small size and weight o f the UA V should more than achieve an equivalent level of safety . The F AA has approved similar exemptions in 2689, 5745, 10650, 10673, 10808, 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1 111 0, 1 111 2, and 1 11 53.
VI

. AI RW OR

THINESS Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.
The F AA has found in numerous exemptions that similar UAS operations do not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. A ndOr Productions proposes that compliance with its operating documents be a sufficient means for determining an airworthy condition. Given the size of the aircraft and the requirements by which AndOr Productions has agreed to abide, an equivalent level of safety will be achieved by ensuring compliance with the AndOr Productions /Phantom 2 manuals prior to each flight.
The F AA has approved similar exemptions in 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09,
1111 0, and 1 11 53.

VII. MAINTENANCE/INSPECT ION
6 Section 91.405(a) prescribes, in pertinent part, that each owner of an aircraft shall have that aircraft inspected as prescribed in subpart E of this part and shall, between required inspections, except as provided in paragraph (c) of this section, h ave discrepancies repaired as prescribed in part 43,Maintenance, Preventive Maintenance, Rebuilding, and Alteration.

Section 91.407(a)(1) prescribes that no person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding , or alteration unless it has been approved for return to service by a person authorized under § 43.7 of this chapter

. Section 91.409(a) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 and has been approved for return to service by a person authorized by Sec. 43.7 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21. Section 91.417(a) and (b) prescribe, in pertinent part, that

— (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and recor ds of the
100

- hour , annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller , rotor

, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature and certificate number of the person approving the aircraft for return
to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller , and each

rotor

. (ii) The current status of life

- limited parts of each airframe, engine, propeller , rotor , and appliance. (iii) The time since last overha ul of all items installed on the aircraft that are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last
7 inspection required by the inspection program under which the ai rcraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety direc tive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owne r or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. ( 2) The records specified in paragraph (a)(2) of this section shall be retained and transferred
with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.1 1 of this chapter shall be reta ined until the defects are repaired and the aircraft is approved for
return to service. AndOr Productions requests an exemption to the above inspection/maintenance Federal Av iation Regulations (F ARs) and proposes the following maintenance/inspection proced ures that will achieve an equivalent level of safety: 1. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that af fects the safe operation of the UAS, the aircraft will b e prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control S tation will be included in thepreflight inspection. All maintenance and alterations will be prope rly documented in the aircraft

records.
2. Any UAS that has under gone maintenance or alterations that af fect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who co nducts the functional test flight will make an entry in the aircraft records. 3. The pre

- flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the op erating documents.
4. AndOr Productions will follow the UAS manufacturer ’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.
5. AndOr Productions will carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, an d the signature of the authorized person returning the UAS to service. 6. Each UAS operated under the exemption will comply with all manufacturer Safety Bulletins. 7. The authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. Adherence to the above procedures, as well as others included in the attached documentation (including a preflight checklist) should provide more than an equivalent level of safety to the above
FA Rs. The F

AA has approved similar exemptions in 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080,
111 09, 1 111 0, 1 111 2, and 1 11 53.

VIII. PUBLIC INTEREST Manned aircraft conducting aerial photography/videography can weigh 6,000 pounds or more and
contain one or more living souls on board. AndOr Productions' UA V will weigh less than 3 pounds and contain no living crew (the PIC and VO being remotely located from the UA V). The limited weight significantly reduces the potential for harm to participating and nonpar ticipating individuals or property in the event of an incident or accident. There is no risk to an onboard crew while using a UA V.
Tr aditional manned aircraft contain highly

- flammable fuel and are at risk of fuel spillage and fire in the
event of an incide nt or accident. The battery

- powered Phantom 2 carries no fuel, eliminating this fire and environmental risk.
Tr aditional aerial photography/videography operations using conventional aircraft can operate in very close proximity to persons and property on th e ground. While the F AA mitigates these risks in a variety of ways, the proposed UAS operations would reduce risks even further due to the limited size, weight, speed, operating conditions, and safety features of the Phantom 2. Furthermore, as Congress out lined in the F AA Modernization and Reform Act, integration of UAS into the NAS is inherently in the public interest, as long as it can be accomplished safely

. As described above, not only will the proposed UAS operations provide an equivalent level of safe ty to current operations

– they will actually provide a greatly

- im proved level of safety to the public and its property

.

IX . NA TIONAL SECURITY No national security issue is raised by the grant of this exemption. Given the size, load carrying capacity

, spe ed at which it operates, and the fact that it carries no explosives or other dangerous materials, the Phantom 2 poses no threat to national security

.

X. PRIV ACY All operations will be conducted over private or controlled

- access property with permission fr om the land owner/controller or authorized representative. Permission from the land owner/controller or authorized representative will be obtained for each flight to be conducted.

XI . SUMMAR

Y OF ANDOR PRODUCT IONS INC, SECTION 333 EXEMPTION REQUEST For pub lication in the Federal Register

, AndOr Productions hereby provides, pursuant to Part 1 1, a summary ofits exemption application to allow commercial operation of the DJI Phantom 2 unmanned aerial vehicle in

photography/videography work. An exemption is re quested from the following regulations:

14 C.P .R. §61.1 13(a)&(b)
14 C.P .R. §91.7(a)
14 C.P .R. §91.1 19(c)
14 C.P .R. §91.151(a)
14 C.P .R. §91.405(a)
14 C.P .R. §91.407(a)(1)
14 C.P .R. §91.409(a)(1)&(2)
14 C.P .R. §91.417(a)&(b)

XII. CONCLUSION In summary

, A ndOr Productions seeks exemption from the F ARs listed above in order to commercially operate a small unmanned aerial vehicle of less than 3 pounds for the purposes of aerial photography and videography

.

Approval of this exemption will enhance safety by re moving the many risk factors caused by traditional, manned aircraft undertaking these operations.

Sincerely

,

Austin Coulson Director of Operations, AndOr Productions Inc