March 20, 2015

Exemption No. 11218 Regulatory Docket No. FAA

− 2014

− 0953

Joel A. Glastetter Owner/Operator Saratoga Aerial Photo and Video, a division of SillyCar Design 1077 Rock City Road Rock City Falls, NY 12863

Dear Mr. Glastetter:

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.

The Basis for Our Decision

By letter dated November 10, 2014, 1 you petitioned the Federal Aviation Administration (FAA) on behalf of Saratoga Aerial Phot o and Video, a division of SillyCar Design (hereinafter petitioner or operator) for an ex emption from part 21 subpart H; and §§ 45.23; 61.113(a) and (b); 91.7(a); 91.9(b)(2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). The exemption would allow the petitioner to operate the DJI PhantomVision 2+ unmanned aircraft system (UAS) to conduct aerial photography.

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 petitioner.

1 By letter dated January 22, 2015, and posted to the public docket on the same day, the petitioner responded to the FAA’s Request for Information.2

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision + . The DJI Phantom Vision 2+ weighs less than 7 pounds with payload and has an altitude and distance limiting function that restricts the UAS from exiting the established operating area. The DJI Phantom 2 Vision + ’s recommended maximum airspeed is 29 knots.

In accordance with the statutory criteria provided in Section 333 of P.L. 112-95 in reference to 49 USC § 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 petitioner’s requested relief from 14 CFR part 21, 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 photography and videography. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 11153 to Burnz Eye View, Inc. ( see Docket No. FAA-2014-0519), 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 signi ficantly 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. The FAA also found that UAS provide an additional tool for the aerial photography indus try, adding a greater degree of flexibility, which supplements the current capabilities offered by manned aircraft.

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 No. 11153;

 the reasons stated by the FAA for granting Exemption No. 11153 also apply to the situation you present;

 although you did not request relief from § 91.409(a)(1) Inspections , for the reasons stated in Grant of Exemption No. 11153 (Burns Eye), relief is granted subject to the conditions and limitations provided below; 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, Saratoga Aerial Photo and Video, a division of SillyCar3

Design, is granted an exemption from 14 CFR 61.113(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 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 petitioner to operate a UAS for the purpose of aerial photography. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

Relative to this grant of exemption, Saratoga Aerial Photo and Video, a division of SillyCar Design, is hereafter referred to as the operator.

The petition and the following supporting documentation are hereinafter referred to as the operating documents:

1. Saratoga Aerial Photo and Video- Flight Checklist

2. DJI Phantom Vision 2+ Official Specs

3. Saratoga Aerial Photo and Video response for additional information dated 22 Jan 2015.

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 following aircraft described in the operating documents which is a quad-copter weighing less than 7 pounds: DJI Phantom 2 Vision + Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2) UAS operations under this exem ption are limited to conducting aerial photography.

3) The UA may not be flown at ground speed exceeding 29 knots (15m/s).

4) The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). All altitudes reported to ATC must be 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 th e PIC’s FAA-issued medical certificate.

6) All operations must utilize a visual obs erver (VO). 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 duri ng flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the4

duration of the flight. The PIC must ensu re that the VO can perform the functions prescribed in the operating documents.

7) The VO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

8) The operating documents and this gran t of exemption 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 ope rating 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 ope rating documents. It is the operator’s responsibility to track such revision s and present updated and revised documents to the Administrator upon reques t. The operator must also present updated and revised documents if it petitions for extensi on or amendment to this grant of exemption. If the operator determ ines that any updat e or revision would affect the basis upon which the FAA gran ted this exemption, then the operator must petition for amendment to its gr ant of exemption. The FAA’s UAS Integration Office (AFS-80) may be c ontacted if questions arise regarding updates or revisions to the operating documents.

9) Prior to each flight the PIC must insp ect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a cond ition 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. The

Ground Control Station must be include d in the preflight inspection. All

maintenance and altera tions must be properly documente d in the aircraft records.

10) 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. The PI C who conducts the functional test flight must make an entry of the flight in the UAS aircraft records.

11) The preflight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 12) The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

13) The operator must carry out its main tenance, inspections, and record keeping requirements, in accordance with th e operating documents. Maintenance,5

inspection, alterations, and status of re placement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the au thorized person returning the UAS to

service.

14) The UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

15) The authorized person must make an en try in the aircraft record of the corrective action taken against discrepancie s discovered between inspections.

16) The PIC must possess at least a priv ate pilot certificate a nd at least a current

third- class medical certificate. The PI C 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.

17) The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria, completes the operator’s UAS training, and 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. The VO is also required to complete any training requirements for VOs. A record of training must be documented and made available upon request by the Administrator. Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience-building), are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions.

18) UAS operations may not be conduc ted during night time, as defined in 14 CFR §1.1. All operations must be cond ucted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not

authorized.

19) The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator

upon request.

20) The UA may not be operated less th an 500 feet below or less than 2,000 feet horizontally from a cloud, or when visibilit y is less than 3 statute miles from the

PIC.6

21) If the UAS loses communications or lose s its GPS signal, the UA must return to a pre-determined location within the pl anned operating area and land, or be recovered in accordance with the operating documents.

22) The PIC must abort the flight in the event of unpredi cted obstacles or emergencies, in accordance with the operating documents.

23) The PIC is prohibited from beginni ng a flight unless (considering wind and

forecast weather conditions ) there is enough power to fly at normal cruising speed to the intended landing point an d land the UA with 25% battery power remaining.

24) The operator must obtain an Air Traffi c Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require th e operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in acc ordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

25) All aircraft operated in accordance w ith this exemption must be identified by serial number, registered in accord ance 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.

26) Before conducting operations, the radi o frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropria te government oversight agency requirements.

27) The documents requi red under 14 CFR §§ 91.9 and 91.203 must be available to

the PIC at the Ground Control Stati on of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

28) The UA must remain clear and yield the right of way to all manned operations

and activities at all times.

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

30) The UA may not be operated ove r congested or densely populated areas.7

31) Flight operations must be conducted at least 500 fe et from all nonparticipating persons, 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 and/or;

b. The aircraft is operated near vehicles or stru ctures where the ow ner/controller of

such vehicles or struct ures has granted permissi on and the PIC has made a safety assessment of the ri sk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, opera tor trainees, or essential persons do not present an undue hazard to those persons per § 91.119(a).

32) All operations shall be conducted over private or c ontrolled-access property with permission from the property owner/cont roller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

33) Any incident, accident, or flight opera tion that transgresses the lateral or vertical boundaries of the operational area as de fined by the applicable COA must be reported to the FAA’s UAS Integration Offi ce (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Sa fety Board (NTSB) per

instructions contained on th e NTSB Web site: www.ntsb.gov.

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.

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

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service