July 10, 2015

Exemption No. 12011

Regulatory Docket No. FAA–2015-1470

Mr. John Ford 

Out of Africa Services LLC

14633 Sutherland Avenue

Naples, FL 34119

Dear Mr. Ford:

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) on 

behalf of Out of Africa Services LLC (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 is a DJI Phantom 2 Vision+.

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 
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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 

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, Out of Africa Services LLC 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.
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Conditions and Limitations

In this grant of exemption, Out of Africa Services LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+ 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. 
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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.

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 
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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.

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 
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(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.

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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
April 28th 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Out of Africa Services LLC (“Out of Africa Services”), an operator of the DJI PHANTOM 

2 VISION+ V3.0 QUADCOPTER Unmanned Aircraft System (“UAS”), seeks exemption from the Federal 

Aviation Regulations (“FARs”) as described below. 

The exemption request will permit Out of Africa Services LLC to operate UASs commercially for the 

purpose of filming and photographing property, people, and events. Out of Africa Services will provide a 

service that is beneficial to an industry that is already using, and seeking to use, UASs for these purposes 

with a legal and safe option while providing relevant experience and information to the FAA and the UAS 

community. This will benefit the public with the controlled operation of UASs by Out of Africa Services 

and increased integration into the National Airspace System (“NAS”). 

All operations by Out of Africa Services will strictly adhere to safety, applicable FARs, Operator’s 

Handbook, applicable Airworthiness Directives, and all other guidelines from the FAA. Out of Africa 

Services will, at all times, conduct operations in a manner as to maintain the same level of safety as 

current manned aircraft operations. 

Out of Africa Services will operate exclusively in controlled conditions, within visual line of sight (“VLOS”), 

at low altitudes of 400 feet above ground level (“AGL”), or no higher than 200 feet above the highest 

obstacle (“AHO”) with prior Flight Safety District Office (“FSDO”) approval. Any UAS in operation by Out 

of Africa Services will not exceed 55 lbs. weight. 

At all times Out of Africa Services will have a PIC responsible to maintain safe operations of the UAS, 

and consistently assure an open line of communication with the FAA? 

Out of Africa Services is poised to be the model of a safe and responsible approach to integrate the UASs 

into the NAS as a UAS enthusiast. As a business, Out of Africa Services will maintain the highest of 

standards in all UAS’s operations. A thorough understanding of the importance of safety guidelines in the 

NAS, and a desire to promote the appropriate integration of UASs for the furtherance of aviation as a 

whole is the foundation upon which this business will operate. 

 
The name and address of the applicant is: 

Out of Africa Services LLC 

John Ford 

14633 Sutherland Avenue 

Naples FL 34119 

The regulations from which the exemption is requested are as follows: 

14 C.F.R. Part 21; 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.9(b)(2); 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.105 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a). 

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set 

forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest. 

The Applicable Legal Standard under Section 333 

Out of Africa Services submits that grant of this exemption application advances the Congressional 

mandate in Section 333 of the Reform Act to accelerate the introduction of UASs into the NAS if it can 

be accomplished safely. This law directs the Secretary of Transportation to consider whether certain 

UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of 

the Reform Act. In making this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS, the public, or pose a threat to national security in light of the 

following: 

● The UAS’s size, weight, speed, and operational capability; 

● Operation of the UAS in close proximity to airports and populated areas; and 

● Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system.” Id. §333(c) (emphasis added).1 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

from the requirement that all civil aircraft must have current airworthiness certificate and those regulations 

requiring commercial pilots to operate aircraft in commercial service: 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any of sections 4470244716 of this title if the Administrator finds 

the exemption is in the public interest. 
The grant of the requested exemption is in the public interest based on the clear direction in Section 333 

of the Reform Act; The additional authority in the Federal Aviation Act, as amended; The strong 

equivalent level of safety surrounding the proposed operations; And the significant public benefit, 

including enhanced safety and cost savings associated with use of UASs for aerial 

videography/photography, the reduction or elimination of unregulated operators, and the safe integration 

of UASs. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption 

without delay. 

Airworthiness 

Granting of the exemption to Out of Africa Services will be subject to the following mandatory 

airworthiness conditions: 

 The UAS will never exceed a gross takeoff weight (GTOW) of 55 lbs., or in excess of the Operator 

Handbook/Manufacturer recommendations, whichever is more restrictive. 

 The Manufacturer checklist will be followed prior to each flight. 

1 Applicant submits that this provision places a duty on the Administrator to not only process applicants for exemptions 

under Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order to 

allow approval, to supply conditions for the safe operation of the UAS. Out of Africa Services respectfully requests the 

opportunity to consult with FAA staff in order to address any issues or concerns that this proposal may raise that they 

believe may require modification. 

 The aircraft registration number will be displayed on the aircraft in accordance with current 

regulations. 

 The POH, registration, copy of exemption, checklist, and copy of maintenance records will be 

mandatory documents for operation and must be located with or in the base station and accessible 

to the PIC at all times. 

 Any FAA or manufacturer required placards are placed and clearly visible on the base station or 

controlling device. 

 All equipment installed on the UAS will be operational for flight. 

 PIC will be the determining authority on the airworthiness of the UAS prior, during, and after each 

flight, and will cease operations upon deeming the UAS not airworthy until proper maintenance or 

action has been taken. 

 In adherence to 14 C.F.R. §43.9 each person who maintains, performs preventative maintenance, 

rebuilds, or alters the UAS, airframe, motor, propeller, appliance, or component part will make an 

entry in the maintenance record of that equipment containing the following information: 

a) Description of work performed. 

b) Date of completion of work performed. 

c) Name of the person performing the work. 

d) Signature of the person performing the work. 

 In addition to the information above, the following will be included on any maintenance records for 

record keeping and reporting to the FAA upon request: 

 Aircraft total time. 

 Time in service of part by method of Time Since New (TSN) or Time Since Overhaul (TSO). 

 Manufacturer, model, serial and/or part number when available.

 Any maintenance action that may affect flight characteristics or airworthiness will have a 

maintenance operational check and test flight performed by the PIC and an appropriate entry 

made in the UAS records. 

 
Mandatory Operating Conditions 

Grant of the exemption to Out of Africa Services will be subject to the following mandatory operating 

conditions: 

 Operations occurring within Class B airspace require coordination and approval from the FAA 

Flight Standards District Office having jurisdiction, and upon request with Air Traffic Control one 

hour prior to operations commencing (14 CFR §91.215(d)(3)). Communication commencing 

operations, during operations, and termination of operations by use and constant monitoring of 

appropriate tower frequency by ground radio. 

 Operations within Class B 30NM Mode C Veil require a minimum 48 hour prior notification of the 

FAA Flight Standards District Office having jurisdiction. Notification and communication with Air 

Traffic Control upon commencing operations, during operations, and termination of operations by 

use and constant monitoring of appropriate tower frequency by ground radio (14 CFR §91.215(3)). 

 Operations within Class C, or D airspace require notification at minimum 24 hour prior notification 

of the FAA Flight Standards District Office having jurisdiction, and upon request with Air Traffic 

Control one hour prior to operations commencing (14 CFR §91.215(d)(3)). Communication 

commencing operations, during operations, and termination of operations by use and constant 

monitoring of appropriate tower frequency by ground radio. 

 Operations within 2.5 NM radius of airport runway centerline within class E, or G airspace require 

at a minimum 24 hour prior notification of the FAA Flight Standards District Office having 

jurisdiction, at a minimum 24 hour prior notification of the Airport Manager or Controlling Agency, 

notification and communication with any control tower, or on CTAF frequency, upon commencing 

operations, during operations, and termination of operations by use and constant monitoring of 

appropriate frequency by ground radio. 

 Operations within class E or G airspace not within 2.5 NM of airport runway centerline requires 

constant monitoring of applicable CTAF or 123.025 (helicopter air to air) and reporting upon 

commencing operations, during operations, and termination of operations by ground radio. 

 No operations are to be conducted within 2.5 NM in line with runway centerline azimuth and on 

the approach end of a runway that is actively in use. 

 All operations are required to remain at, or below, 400 feet AGL unless prior approval is received 

from the FAA Flight Standards District Office having jurisdiction, and no flight exceeding 400 feet 

AGL may go above 200 feet above the highest obstacle, or outside visible range, or beyond the 

capability of the UAS (whichever is lower in altitude). 

 Operations are to be conducted over private or controlled access property. 

 Permission from land owner/controller required before commencing any flight. 

 Operations to occur under Visual Flight Rules during Visual Meteorological Conditions (VMC). 

 Aircraft to remain within Visual Line of Sight (VLOS). 

 Operations to be conducted in a controlled environment with only the necessary persons present, 

any person present, not employed by Out of Africa Services, will sign a waiver acknowledging 

UAS operations, proper safety procedures, and a statement acknowledging risks. 

 Operations will be conducted with a visual observer (VO), in addition to the UAS pilot, who will 

remain in VLOS with the UAS pilot, the UAS, and the area of operations at all times. VO will assist 

in maintaining a controlled environment, spotting hazards to persons or property, monitoring and 

communicating on appropriate ATC, CTAF, or other appropriate radio frequencies. 

 UAS will not be operated below 25% battery capacity, or a battery power reserve of less than 10% 

flight time, whichever is the greater of the two. 

 
Operator Requirements 

Out of Africa Services understands and upholds the stance that necessary precautions are required to 

protect aircraft already operating in the NAS, and the safety and security of the flight crew members, 

passengers as well as the public and property. Furthermore Out of Africa Services will use an 

appropriately certified pilot for the type of operation being conducted as it would fall under 14 C.F.R. if it 

were a manned aircraft. 

The PIC and the Visual Observer will, at all times, be aware that UASs currently cannot adhere to the 

standard “see and avoid” requirements due to the size of the UAS impacting the distance at which it can 

be identified by pilots of manned aircraft. Out of Africa Services maintains a zero tolerance policy for any 

pilot that fails to give complete right of way, and wide berth to any aircraft that comes within 1 statute mile 

horizontally or 2000 feet vertically of operations. 

At all times the PIC and VO will monitor appropriate ATC, CTAF, or air to air frequency, announce actions, 

and adhere to requests of any manned aircraft, airspace controller, FAA representative, or law 

enforcement official so long as it can be performed safely and legally. In the interest of safety, and the 

furtherance of aviation, Out of Africa Services requires its operators to adhere to its “See and Hear” 

policy. This policy requires that any aircraft that can be both observed and heard (excluding large turbine, 

turboprop, and other aircraft that are heard and seen but are clearly 2000 feet above the highest permitted 

altitude of the UAS) by the PIC or the VO will require UAS operations to cease until the aircraft 

acknowledges the operations of the UAS verbally through radio communications. 

The PIC will adhere to appropriate FARs as well as follow the included Out of Africa Services Training 

Manual. The PIC will, while the exemption is in place, log all flights conducted for Out of Africa Services, 

or any flight to meet the training requirements. 

The visual observer will be trained according to the Out of Africa Services Training Manual. The VO will 

be required to exhibit proficiency in operating and communicating using the radio. The VO will not, at 

any time during operations conducted under this exemption, operate or control any portion of the flight of 

the UAS unless they meet the PIC requirements of this exemption. 

Privacy 

All flights will occur over private or controlled access property with the property owner’s or controlling 

authorities’ prior consent and knowledge. Filming will be of people who have also consented to being 

filmed or otherwise have agreed to be in the area where filming will take place. 

 
In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A to allow 

commercial operations of UASs conducting aerial flights as described. 

Approval of the exemption allowing commercial operations of Out of Africa Services UASs will increase 

safety by permitting an operator to conduct a service safely that is already occurring without FAA 

knowledge, exemption, or adhering to prescribed safety guidelines. The exemption will also encourage 

the education of UAS operators and the adoption of FAA guidelines and approval for commercial UAS 

operations. It benefits the public through a higher level of safety of UAS operations and a service that 

benefits the local public and business. It also benefits the public through a smooth and well approached 

integration of UASs into the NAS, and continual communication with the FAA and the information gained. 

Having a pilot owned business aids in bridging the gap between the advancement of UAS technology 

and the current practices and operations in the NAS and with the FAA. This assists the FAA with its 

mission of promoting aviation while preserving safety of aviators, the public, and property. 

The UASs operated by Out of Africa Services satisfies the criteria set forth in Section 333 of the Reform 

Act–size, weight, speed, operating capabilities, operation within visual line of sight, and national security–

and showing an equivalent level of safety to manned aircraft flights through appropriate pilot certification 

and safety focused standards of operation, providing more than adequate justification for the grant of the 

requested exemptions allowing commercial operations. 

Respectfully, 

John Ford 

Owner and PIC 

Out of Africa Services, LLC 

 
APPENDIX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE 

RULES SUBJECT TO EXEMPTION 

Due to the flight characteristics, such as the ability to hover, vertical takeoff and landing, and the type of 

operations performed by the UASs operated by Out of Africa Services, Out of Africa Services respectfully 

request that where a regulation differentiates according to class that it be permitted to operate under 

those regulations pertaining to helicopters. 

Out of Africa Services requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of its UASs: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203(a)(1) 

requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft and the limited operating 

area associated with its utilization, it is unnecessary to go through the certificate of airworthiness 

process under Part 21 Subpart H to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration 

of the size, weight, speed, operational capability, and proximity to airports and populated areas of 

the UAS involved. 

In this case, an analysis of these criteria demonstrates that the Out of Africa Services UASs operated 

without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The 

UASs will remain less than 55 lbs. GTOW. Will not carry a pilot or passenger, will not carry flammable 

fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions set 

forth herein. Operations under this exemption will be tightly controlled and monitored by both the 

operator, pursuant to the conditions set forth above, and by local public safety requirements. The 

FAA will have advance notice of all operations through the filings with the FSDO. Receipt of the prior 

permission of the land owner, or controlling authority, the size of the aircraft, the lack of flammable 

fuel, and the fact that the aircraft is carried to the location and not flown there all establish the 

equivalent level of safety. The UASs construction with absorbent material provides at least an 

equivalent level of safety to that of such operations being conducted with conventional aircraft that 

would be orders of magnitude larger and would be carrying passengers, cargo, and flammable fuel. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Should the exemption be granted allowing commercial operation of the UASs without an 

airworthiness certificate, no standard will exist for airworthiness of the UASs. Given the size of the 

aircraft and the requirements that have presumably already been met in the approved standard 

operating procedures (for instance, the Maintenance & Inspection Manual and Safety Checklist), an 

equivalent level of safety will be achieved by ensuring compliance with the operating manuals prior 

to each flight. 
 
14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. 

The regulation provides: 

No person may operate a U.S. registered civil aircraft for which an Airplane or Rotorcraft Flight 

Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof. The equivalent level of safety will be achieved by keeping the flight 

manual at the ground control point where the pilot flying the UAS will have immediate access to it. 

The FAA has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.109(2) 

This regulation provides that flight crewmembers must keep a safety belt fastened while at a 

crewmember station. Out of Africa Services UASs are by definition not manned and therefore 

maintain an equivalent level of safety without the use of safety belt since no danger is posed due to 

no persons being aboard the aircraft. 

14 C.F.R. § 91.121(a) 

This regulation requires that aircraft be operated at altitude in reference to an altimeter set to 

applicable barometric pressure. According to the Flight Manuals and information included with this 

exemption request the UASs operated by Out of Africa Services uses GPS positioning, and the T600 

uses, in addition, a specialized sensor that limits the aircraft altitude to a predetermined height set 

by the pilot during preflight inspections. This, in addition to all flights being conducted by VLOS, 

assures altitude restrictions will be maintained by the pilot. Given the nature of the flight being limited 

to an upper altitude limit, the limited area of operations, the See and Avoid procedures set forth by 

Out of Africa Services, and in light of the UASs not being operated at VFR or IFR cruising altitudes 

an equivalent level of safety will be achieved. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

These regulations provide that no person may operate a civil aircraft (except a manned free balloon) 

that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs 

are a remotely piloted aircraft and by design, do not have fully functional dual controls. Flight control 

is accomplished through the use of a control box that communicates with training program, as set 

forth in an equivalent level of safety will be assured. The FAA has approved exemptions for flight 

training without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety will be 

achieved by the Out of Africa Services providing the training as outlined. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Due to the flight characteristics 

of Out of Africa Services UASs (vertical takeoff and landing, and ability to hover) as well as the nature 

of the type of flights conducted by UASs and the similarity to helicopters 

Out of Africa Services requests to operate in accordance with section 91.119(d). The equivalent level 

of safety will be achieved given the size, weight, speed, and material with which the UASs are built. 

Furthermore; No flight will be taken without the permission of the land owner or those who control 

the land. Because of the advance notice to the landowner, all affected individuals will be notified of 
the flights. Compared to aerial photography or videography operations conducted with aircraft or 

rotorcraft weighing far more than the UAS and carrying flammable fuel, any risk associated with 

these operations will be far less than those currently allowed with conventional aircraft operating at 

or below 500 feet AGL. Indeed, the low altitude operations of the UAS will maintain separation 

between these small UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119, give right of way to all manned aircraft, and adhere to Out of Africa Services 

See and Hear policy. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning “a flight in a rotorcraft under 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 speed – (1) During the day, to fly after that for at 

least 30 minutes; or (2) At night, to fly after that for at least 20 minutes.” 

Given the limitations on its proposed operations and the location of those proposed operations, a 

longer time frame for flight in daylight VFR conditions is reasonable. Out of Africa Services believes 

that an exemption from 14 CFR § 91.151(b) is safe and within the scope of a prior exemption. See 

Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 

91.151(a)). Operating the small UAS, without 20 minutes of reserve fuel does not engender the type 

of risks that Section 91.151(b) was meant to prevent given the size and speed at which the UAS 

operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. Additionally, 

limiting flights to a 20 minute reserve would greatly reduce their utility. In the unlikely event that the 

UAS should run out of fuel, it would simply land. Given its weight and construction material, the risks 

are less than contemplated by the current regulation. 

Out of Africa Services believes that an equivalent level of safety can be achieved by maintaining 

25% battery power, or 10% of time (whichever is longer) would be more than adequate to return the 

UAS to its planned landing zone from anywhere in its operating area. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 

(a) No person may operate a civil aircraft unless it has an appropriate and current airworthiness 

certificate. 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew. 

Out of Africa Services UASs have no cockpit or cabin to place or carry certification. As such, the 

exemption and any other certifying document from the FAA will be maintained with the ground 

station, and placed in a manner as to be clearly visible to any government official or person 

authorized in the controlled operations environment. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAS will have immediate access to them. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

 
14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections 

Section 91.405(a) requires that an aircraft operator or owner “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, have discrepancies repaired as prescribed in part 43 of this chapter 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires 

an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the 

owner or operator to keep records showing certain maintenance work that has been accomplished 

by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for 

return to service. 

Maintenance on Out of Africa Services aircraft will be accomplished by the owner/operator pursuant 

to the manuals, provided by Out of Africa Services, and the manufacturer. An equivalent level of 

safety will be achieved because the UAS is small in size, will operate only in restricted predetermined 

areas and is not a complex mechanical device. As provided in the attached Maintenance Manual 

and the Safety Checklist, which were reviewed as part of the application, the operator of the UAS 

will ensure that it is in working order prior to initiating flight, perform required maintenance, and keep 

a log of any maintenance that is performed. Moreover, the Out of Africa Services Chief Pilot is familiar 

with the aircraft, has extensive experience with UAS maintenance, and has thousands of hours of 

helicopter airframe and power plant maintenance, and is best suited to maintain the aircraft in an 

airworthy condition and to ensure an equivalent level of safety. 

The Out of Africa Services Maintenance Manual provides for a 30 day/100 hour and Annual 

inspection of the airframe and components similar in scope to inspections on manned aircraft. This 

will ensure an equivalent level of safety to the maintenance requirements in Part 91. In addition, 

between such inspections, should a mechanical issue arise, the aircraft will either return to its launch 

site or immediately land. 

APPENDIX B 

SUMMARY OF OUT OF AFRICA SERVICES SECTION 333 EXEMPTION REQUEST

Out of Africa Services hereby provides pursuant to Part 11 a summary of its exemption application 

to allow commercial operation of its UASs in aerial photography/videography. An exemption is 

requested from the following regulations: 

14 C.F.R. Part 21; 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.9(b)(2); 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.105 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a).