September 2, 2015

Exemption No. 12711 Regulatory Docket No. FAA

− 20 15

− 1190

M s

. Desiree Ekstein

OnTheGoVideo.biz

32228 Terra Cotta St reet Lake Elsinore, CA 92530

Dear M s

. Ekstein :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letters posted to the public docket on April 24 and August 20, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption

. You requested to operate an

unmanned ai rcraft system (UAS) to conduct aerial surveying, event photography and videography, real estate photography, aerial photography and film making, construction site inspection and monitoring, agriculture, search and rescue, and prec ision game development

.

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 are the DJI Phanto m 2 Vision + and DJI Phantom 3.2

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 Transportation

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 gra nts of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

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

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having re viewed 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, Ms. Desiree Ekstein 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 i s 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 (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Ms. Desiree Ekstein 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 + and DJI Phantom 3 when weighing less than 55 pounds including payload.

Pro posed 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 airspe ed 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 ti mes. 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). T he 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 a ll times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents,4

the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s respo nsibility 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 FA A’s UAS Integration Office (AFS

− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical compo nent, 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 conduc t 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 affect s 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.5

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

q ualification 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
(traini ng, proficiency, and experience

- building) and determining the PIC’s ability to

saf ely 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

traini ng, pro ficiency, 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 ma y 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 mil es of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of a greement 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 sign al, the UA must return to a

pre

- det ermined location within the pr ivate or controlled

- access property.

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

20. The PIC is prohibited from beginning a flight 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 conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All a ircraft 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 a nd 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, v ehicles, 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 protectio n. 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 t rainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative.

P ermission 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 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

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the 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 certificate number of UAS PICs invol ved 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 operati on.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption , the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresD esireeEkstein-Exem ption/Rulem akingThis Other document was issued by theFederal Aviation Administration(FAA)For related information,Open Docket FolderC ontentDesiree EksteinOnTheGoVideo.biz32228 Terra Cotta StLake Elsinore, CA 92530951.675.6970onthegovideo4u@gmail.comTo: Federal Aviation Administration (FAA)I am requesting exemption for the commercial use of small sUAV under section 333.I plan to operate with the proper training and certification required by the FAA. Safety ismy first priority. I do nothave a private pilot's license, however; I am looking forward to taking the training classes to meet the FAA'srequirements. I have a valid California Drivers license and I am a member of AMA (Academy of Aeronautics). Ihave been flying UAV's for over 3 years.I am experienced with several differentstyles of UAS, and my skills offlying and filming with an sUAV are exceptional.I would like to be compensated for my talents.I will provide services to my community and to consumers interested in aerial data capture using the DJIPhantom 2 vision plus. There is much need for these services. There are many remoteareas that are unsafe forpeople to go to that can now be visible from an UAV. I also want to use my abilities for search and rescue andinspections. . The operation would bein a similar nature to the exemptiongiving to FalconSkyCam, Diane Cook.The services would include the useof small advanced sUAV for:Aerial surveyingEvent photography/videographyAgricultural proposesReal estate photographyC om m entN ow !ID:FAA-2015-1190-0001D ocum entInform ationDate Posted:Apr 24, 2015Show More DetailsSubm itterInform ationSubmitter Name:Desiree EksteinMailing Address:32228 Terra Cotta StCity:Lake ElsinoreCountry:United StatesState or Province:CAZIP/Postal Code:92530Page 1 of 3Regulations.gov - Other Document4/27/2015http://www.regulations.gov/Aerial photography and film makingConstruction site inspection and monitoringSearch and RescuePrecision game development14 CRF Part 21 certification for products and parts, sub part H - Airworthiness Certificates45.23 (b), 61.113 (a)and (b), 91.7 (a), 91.9 (b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a)and (b),91.205(b), 91.215, 91.405 (a), 91.407(a)(1), 91.409 (a)(2), 91.417 (a)and(b),part 91 sub part E of title 14,Code of Federalregulations.I seek exemption based on the aircraft size, weight, and limited operating area. There will be no persons, pilot orcrew on board therefore no riskof incident. The aircraft does not operate onfuel so there will be no fuel spillage.Also, due to the fact that it is an "unmanned aircraft" I do not feel that a private pilots license should be required.My flying experience and knowledge of the puts me at a level of professionalism. I fully expect to take the FAAtraining courses to obtain the proper certificates once they are established.I have read the FAA overview ofsmall UAS notice of proposed rulemaking related to small UAS NPRM and I agree and fully understand theprovisions.I've included the manuals, preflight check list for the DJI Phantom 2, prop guard installation, and the FAA smallUAS NPRM.Thank you for your time an consideration.Desiree EksteinA ttachm ents(6)C om m ents0D ocketInform atioThis document is contained inFAA-2015-1190Related Dockets:NoneRelated RINs:NoneRelated Documents:NoneThis count refers to the totalcomment/submissions receivedthisdocument, as of 11:59 PMyesterday. Note: Agencies reviesubmissions, however someagencies may choose to redactwithhold, certain submissions (oportions thereof)such as thosecontaining private or proprietaryinformation, inappropriate languor duplicate/near duplicateexamples of a mass-mail campaThis can result in discrepanciesbetween this count and thosedisplayed when conductingsearches on the Public Submissdocument type. For specificinformation about an agency’spsubmission policy, refer to itswebsite or the Federal Registerdocument.View Attachment:D esireeEkstein-PH AN TO MFlyingFlow chartv1.0enView Attachment:D esireeEkstein-PH AN TO MA dvancedM anualV1.42013.03.22View Attachment:D esireeEkstein-PH AN TO MPropG uardv1.02C om m entsReceived*Page 2 of 3Regulations.gov - Other Document4/27/2015http://www.regulations.gov/View Attachment:D esireeEkstein-sU ASSum m arySm allU A SN PRMView Attachment:D esireeEkstein-dji.com-Phantom -M aintenanceView Attachment:D esireeEkstein-PH AN TO MQ uickStartM anualv1.7enPage 3 of 3Regulations.gov - Other Document4/27/2015http://www.regulations.gov/07-28-15

Brenda Robeson
Program Analyst, Airmen and
Airspace Rule Division

Dear Ms. Robeson,

Thank you for continuing your consideration for my request for exem ption. Here is the
additional information that you requested.

1 - Desiree Ekstein's exemption would be in the public interest and be a ben efit to
the public as a whole for many reasons, environmentally and economically . By using
an intelligent battery powered s'UAS with electronic motors it would a safe, ef ficient
and economical alternative to the manned aircraft. Also by using a s'UAV it is an
environmentally conscious alternative to the traditional aircraft with an internal
combustion engine that would typically be used for aerial photography and
videography. Thus reducing pollution and noise

.

Also, the UAV's operate at a much lower cost. Aerial videography and photograp hy has
traditionally been costly and has prohibited many small business owners access to this
service. By granting me this exemption I would have the ability to provide the service
of videography and photography to the public at a much lower cost.

2 - Reasons why granting my exemption would not adversely affect safety, or ho w the exemption would provide a level of safety at least equal to that provided b y the rule
from which I seek is because of the size, weight, speed and limited operating area o f the
unmanned aircraft set forth by the FAA. The DJI Phantom Vision 2+ and Dji Phantom 3
Professional weigh less than 55#, carries no flammable fuel, air speed not more than 87
knots. Due to the size of the DJI Phantom UAV's will poses no threat to the public. I
have provided information regarding the Phantom UAV's they meet these requirem ents. I also will abide by the regulations set by Federal Aviation Administration and will not fly
over 400' AGL, over private property, and Desiree Ekstein will fly at a distanc e at or greater than 5NM from the nearest airport.

The Phantom offers additional safety features such as "Return to Hom e" if the GPS
signal is lost (or it can be activated manually). I have also provided additional safety by
installing prop guards on the UAV, and the specs sheet was included in my initial request
but can be provided it needed again.

For further safety, I plan to operate the UAV DJI Phantom within the line of sight with a
visual observer, and while Desiree Ekstein is operating the DJI Phantom it would be wit h
complete respect to privacy issues.I, Desiree Ekstein, fully plan to operate my s'UAV in accordance with the FAA saf e

operating guidelines. Also being a female flyer, I intend to be an example to all people
especially others in the industry, show proper procedures, and good ethics.

3 - In support for my request for exemption, my exemption is similar t o many that
have already been granted. For reference, similar in material as #11062, 11109, 11 12,
11213. Also, Jake Coon # 12042 was granted exemption for a similar activity on July 15,
2015. Mr. Jacob N. Anderson exemption #12181 granted July 28, 2015. And Martin L.
Smith was also granted exemption for similar activities #12197. Ralph J. Apel was
granted exemption #11410. All with similar materials that I am seeking exemption for.

I already stated in my original request, that Desiree Ekstein is seeking exemption fro m 14 CRF
Part 21 certification for products and parts, sub part H - Airworthines s Certificates 45.23 (b),
61.113 (a)and (b), 91.7 (a), 91.9 (b)(2), 91.103, 91.109, 91.119, 91.121 , 91.151(a), 91.203(a)and
(b), 91.205(b), 91.215, 91.405 (a), 91.407 (a)(1), 91.409 (a)(2), 9 1.417 (a)and(b), part 91 sub part
E of title 14, Code of Federal regulations.

Exemption relief from Title 14 Code Of Federal Regulations sections 61.113a & b , private pilot
privileges and limitations requesting relief to allow PIC (pilot in command ) from holdin g a current private pilot's license to operate the DJI Phantom. I will operate with an ob server, within the visual line of sight. Also, the DJI Phantom vision 2+ and DJI Phantom 3 d oes not carry

passengers.

Desiree Ekstein would like exemption from Section 91.7a Civil Aircraft Airworthines s. I would

like to follow the Airworthiness check list stated in the Manual of the DJI Phantom, as well as,
visual inspection of the UAV to insure safe flight.

Desiree Ekstein will follow the DJI Phantom Aircraft safety check regarding maintenan ce, overhaul, replacement, and life limit requirements.

Request exemption from Section 91.119 Minimum Safe Altitudes. Desiree Ekstein w ill not
operate the UAV not more the 400ft AGL and within 5 miles of an airport.

Since my original filing, I have purchased the the DJI Phantom 3 Professional. I w ould like to
extend my exemption to include the use of the Dji Phantom 3 as well. I am includin g the

documentation and the manuals for this s'UAV.

Thank you very much for considering my request for exemption. I am excit ed and looking
forward to hearing back from you.

Desiree EKstein