September 21, 2015

Exemption No. 12943

Regulatory Docket No. FAA−2015-2616

Mr. Donald D. Bell 

Beverly-Hanks and Associates

9 Cleftridge Court

Asheville, NC 28803

Dear Mr. Bell:

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 on July 6, 2015, you petitioned the Federal Aviation 

Administration (FAA) for an exemption. The petitioner requested to operate an unmanned 

aircraft system (UAS) to conduct aerial photography and videography for real estate.

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+.
2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Donald D. Bell 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 

 

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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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. Donald D. Bell 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 
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Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

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.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

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

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

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

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
US Department of Transportation 

Docket Management System 

1200 New Jersey Avenue SE 

Washington DC 

20590 

Dear Sir or Madam: 

- f 

This petition is being submitted on my behalf without counsel or consulting 

services. 

Pursuant to section 333 of the FAA Modernization and reform Act of 2012 (the 

Reform Act) and 14 C.F.R Part 11, Donald D Bell, Realtor /Broker Beverly-Hanks 

and Associates, a full service real estate brokerage firm, hereby applies for an 

exemption from the Federal Aviation Regulations (FARS) listed below to allow 

operation of my Small Unmanned Aircraft System (sUAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) so long as such operations 

are conducted with and under the conditions outlined herein or as may be 

established by the FAA as required by section 333. 

THE requested exemption would permit Donald D Bell to pursue its commercial 

interests in providing services to clients and for marketing purposes using a small 

advanced sUAS in the following areas: 

1. Real Estate 

2. Marketing of Real Estate 

3. Photography of land for the sellers and buyers visual knowledge 

4. 

Donald D Bell states that all sUAS flights will occur over private or controlled access 

property and will do so with the property owners consent and knowledge and that 

only people who have consented or otherwise have agreed to be in the area where 

aerial videographer and photography will take place. 
REGULATIONS FROM WHICH EXEMPTION IS REQUESTED: 

14 C.F.R Part 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 61.113(a) & (b) 

14 C.F.R. 91.7 (a) 

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

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151 (a) 

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

14 C.F.R. 91.205 (b) 

14 C.F.R. 91.215 

14 C.F.R. 91.401-91.417 

Unmanned Aircraft System 

sUAS are often seen as superior to helicopters as an aerial video gathering platform 

due to the small devices cheaper equipment and personal cost. Couple that with the 

greater degree of mobility for photography in areas where it is virtually impossible 

to take any quality of photos to share with the client or prospective buyer. 

Donald D Bell is petitioning for an exemption to operate a DJI Phantom 2 Vision Plus. 

This sUAS features are as follows: 

3-AXIS CAMERA STABILIZATION 

A built-in high precision 3-axis camera stabilization system brings a whole new 

level of smoothness to your aerials and gives you total creative freedom in the sky. 

PRECISION FLIGHT AND STABLE HOVERING 

The integrated GPS auto-pilot system offers position holding, altitude Jock and 

stable hovering, giving you constant smooth flight so you can focus on getting the 

shots you want. 

GROUND STATION SUPPORT 

Program a flight path using your smart-phone with our I 6 waypoint Ground 

Station system. Tilt the camera up and down, take photos and shoot video all while 

the Phantom 2 Vision+ flies autonomously. 
ONSCREEN REAL-TIME FLIGHT PARAMETERS 

Keep track of current flight telemetry and see what your Phantom sees on your 

mobile device. 

HIGH PERFORMANCE CAMERA 

The Phantom 2 Vision+ carries an extremely high quality camera and a removable 

4GB micro SD card. It shoots full HD video at I 080p/30fps and 720p/60fps, 

giving you crystal clear video and the option for slow motion shots. Photos are 

shot at 14 megapixels. 

CAMERA TILT CONTROL 

Tilt the camera as you fly, creating unique angles and amazing shots. 

SUPPORTS ADOBE DNG RAW 

DNG RAW photo capture means all original image information is retained for 

powerful post processing. 

ADOBE LENS PROFILE SUPPORT 

An Adobe lens profile for barrel distortion removal is available for the DJI 

Phantom 2 Vision+ camera. 

CAMERA PARAMETER SETTINGS 

Camera settings including Picture Quality, ISO, Exposure Compensation, White 

Balance, and capture Format can be adjusted through the VISION app. 

ALBUM SYNCHRONIZATION 

Beam photos and videos from the Vision+ straight to your phone using Wi-Fi. No 

computer required. 

The flight radar displays the current position of the Phanton1 

2 Vision+ in relation to the pilot. 

Exceeding the control range of the remote control will trigger 

'Return-to-Home', meaning the Phantom 2 Vision+ will 

aut01natically fly back to its takeoff point and land safely. 

The DJI product also offers a failsafe in that if the unit looses 

contact with the ground station the DJI Phantom Vision 2 Plus will 

autotnatically return to home base launce site. This is also a feature 

in the event that the batter reaches end of charge. ( 25 minute 

normal flight time on one charge) 
Additional specifications: 

A.ircraft 

Supported Battery 

DJI 5200mAh LiPo Battery 

Weight (Battery & Propellers Included) 

1242g 

Hover Accuracy (Ready To Fly) 

Vertical: 0.8m; Horizontal: 2.5m 

\1ax Yaw Angular Velocity 

W0°1S 

\1ax Til table Angle 

35° 

\1ax Ascent I Descent Speed 

<\scent: 6mls; Descent: 2mls 

\1ax Flight Speed 

15mls (Not Recommended) 

Diagonal Motor-Motor Distance 

350mm 

Gimbal 

Working Current 

Static: 750mA; Dynamic : 900mA 

Control Accuracy 

±0.03° 

Controllable Range 

Pitch : -90°1110° 

Maximum Angular Speed 

Pitch: 90°ls 
Camera 

Operating Environment Temperature 

0°C-40°C 

Sensor Size 

1/2.3" 

Effective Pixels 

!4 Megapixels 

Resolution 

4384x3288 

Hd Recording 

I 080p30 & 720p 

Recording Fov 

110° I 85° 

Remote Control 

Operating Frequency 

5.728 GHzlll5.85 GHz 

Communication Distance (Open Area) 

CE Compliance: 400m; FCC Compliance: 800m 

Receiver Sensitivity (I %Per) 

-93dBm 

Transmitter Power 

CE Compliance: 25m W; FCC Compliance: I OOm W 

Working Voltage 

120 mA@3.7V 

Built-In Lipo Battery Working Current/Capacity 

3 .7V, 2000mAh 

Range Extender 

Operating Frequency 

24 I 2-2462MHz 

Communication Distance (Open Area) 

500-700m 

Transmitter Power 

20dBm 

Power Consumption 

2W 
DJI VISION App 

System Requirement Of Mobile Device 

iOS version 6.1 or above/ Android system version 4.0 or above 

Mobile Device Support 

• iOS recommended: iPhone 4s, iPhone 5, iPhone 5s, iPhone 6, iPhone 6 Plus, 

• iPod touch 5 (available but not recommended: iPad 3, iPad 4, iPad mini) 

• Android recommended: Samsung Galaxy S3, S4, Note 2, Note 3 or phones of similar configuration 

These specifications meet with the Model Aircraft Operation Standards as set below: 

1. The petitioner will only operate its sUAS in the line-of-sight of a pilot and for 

observer and will operate at sites that are" sufficient distance" for populated 

areas within sterile area described in the FOPM. Such operations will ensure 

the sUAS will not "create a hazard to users of the national aerospace systems 

or the public." 

2. When flying the sUAS within (3) miles of an airport, airport operators will be 

notified and the operator will give the right-of-way to avoid flying in the 

proximity of full-scale aircraft. Maximum flight time for each operation will 

be 30 minutes. 

3. Flights will be terminated when the batter reaches 25%, allowing sufficient 

reserve flight time to saftly land the sUAS. 

4. The sUAS will be programmed so it will not operate at an altitude that 

exceeds 400 feet AGL and not more than 200 feet above an elevated platform 

from which videographer is planned. 

5. Minimum crew for each operation shall consist of: sUAS pilot, (Pilot in 

charge or PIC) a visual sUAS observer (Visual Observer or VO) 

and the camera operator. 

6. The sUAS operated by the petitioner weighs less than 25 Lbs including all 

payload ( camera, lens, and stabilized gimbal ) 

7. The sUAs will operate at speeds of no greater that 1Smjs, can hover and can 

simultaneously move vertically and horizontally. 

8. Because of the size of the sUAS and the restricted sterile environment within 

which it operates, Donald D Bell operations adhere to the Reform Act's safety 

requirement. 

9. The PIC will have logged at least 20hrs before authorization to fly 

10. All flights will be placed in an active log. 

11. All flights will occur under Visual Flight rules Meteorological Conditions ( 

VMG) only. 

12. The PIC and VO will have been trained in operation of sUAS and received upto-date information for the particular sUAS operated. 
In addition to those items stated it is my sincere opinion that by granting this exemption would 

allow both buyer and sellers to get a clear and concise view of property they own or will own 

without the sometimes hazardous walking about unknown terrain. In the mountains of western 

North Carolina we regularly encounter treacherous terrain as well as wildlife that may harm or 

be harmed by traditional walking of land. For example: black bear sow and cubs in the spring, 

rattle snake and copper head snake, to mention a few. 

When videoing or photographing a tract, as stated in the bullet point, we will have enough 

coverage from the PIC or the VO to protect the general public and generally speaking we will be 

flying tracts that are larger than 10 acres. That limits the general public interaction. 

I also believe that by granting my request it will allow a great deal of flexibility in my practice in 

the land brokerage business to have a smaller footprint on the land as well as a small 

environmental impact. 
The applicant Donald D Bell, believes this exemption request and associated safety 

considerations adequately satisfy criteria provided in Section 333 of the Reform Act 

of 2012, providing sufficient justification for the granting of commercial operations 

of the applicant's sUAS. 

The applicant, Donald D Bell, request your respective approval under this Section 

333 exemption petition request. 

Thank you for your interest and consideration in this matter. Please notify Donald D 

Bell of your actions, and or approvals. 

R~y{Jflll! 

Donald D Bell 

dbell(dJbeverly-hanks.com 

9 Cleftridge Court 

Asheville NC 28803 

828-275-8286 

Beverly-Hanks and Associates 

820 Merriman Ave 

Asheville NC 

28804