April 22, 2015

Exemption No. 11413 Regulatory Docket No. FAA–2015-0138

Dave Marshall Elk Ridge Ranch LLC 9478 Lodge Lane Shoals, IN 47581

Dear Mr. Marshall:

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

The Basis for Our Decision

By letter dated January, 18, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Elk Ridge Ranch LLC (hereinafter petitioner or operator) for an exemption. The exemption would allow the petitioner to opera te an unmanned aircraft system (UAS) to conduct aerial videography and cinematography to enhance local tourism in the southern Indiana region.

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 Phantom 2 Vision Plus.2

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 consider ation of the size, weight, speed, and limited operating area associated with the aircraft a nd its operation, the Secret ary of Transportation

has determined that this airc raft meets the conditions of Section 333. Therefore, the FAA finds that the 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 collection. The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pr esented 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 Labs, Inc. ( see Docket No.

FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.

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

 They are similar in all material respects to relief previously re quested 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 situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant 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, Elk Ri dge Ranch 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) an d (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection and. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Elk Ridge Ranch LLC is hereafter referred to as the operator.3

Failure to comply with any of the conditions an d 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 ex emption are limited to the Phantom 2 Vision Plus when weighing less than 55 pounds in cluding payload. Proposed operations of any other aircraft will requi re a new petition or a petiti on 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 restricti on. 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 PI C 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 perm itted 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 en sure 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 discrepa ncy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,

the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised documents to the Administrator or any la w enforcement official upon request. The4

operator must also present updated and revise d 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 questi ons arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e .g. replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions 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 functi onal 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 a nd 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. Th e 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 manu facturer’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 mu st hold either an airline transport, commercial, private, recreational, or sport pi lot 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 f light review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles 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 VOs5

(training, proficiency, and e xperience-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 dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants 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 conditi ons (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity 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 ai rport 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 pr ivate or controlled-access property.

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

20. The PIC is prohibited from beginning a f light 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 fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce 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 unde r the terms of the attached COA.

22. All aircraft operated in accord ance 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.6

23. Documents used by the operator to ensure th e 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 th e Administrator or any law enforcement official upon request.

24. The UA must remain clear and give wa y 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 pr otect 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 struct ures 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 es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-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.

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 Sa fety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for th e 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.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction ove r the area of proposed filming. The 3-day notification may be waived w ith 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 res ponsible for the on-s cene operation of the UAS;

d. Make, model, and serial or N

− Number of UAS to be used;

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

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

and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and

h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating 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 al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

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

Sincerely,

/s/

John S. Duncan Director, Flight St andards ServiceDave Marshall - Exemption/Rulemaking

This Other document was issued by the Federal Aviation Administration (FAA)

For related information, Open Docket Folder

Content

Petition for Exemption 14 CFR 11.81

18 January, 2015

Dave Marshall Elk Ridge Ranch LLC 9478 Lodge Lane Shoals, Indiana 47581

812-709-0827 elkridgeranch@yahoo.com
lctdave@aol.com

Specific Exemption Sections

1.45.23(b)- 2.61.113(a) & (b); 3.91.7(a)- 4.91.9(b)(2)-

5.91.119-

6.91.121- 7.91.151(a)- 8.91.203(a) & (b)- 9.91.405(a)(1)- 10.91.407(a)(1)191.409(a)(2)- 11.91.417(a) & (b)- of Title 14, Code of Federal Regulations

Relief Sought:

The extent of relief sought will allow for the operation of vid eo tourism and real estate unmann ed aerial system (UAS) business in the

state of Indiana.

The exemptions requested in this petition allows for Dave Marshall/Elk Ridge LLC to operation the PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS) to conduct aerial videography and cinematography to enhance local tourism in the southern Indian a region.

In May 2015 of this year the senior PGA will be held in our hom e of French Lick Indiana. 250,000 people are expected to attend or 50,000 per day. I would like the opportunity to be allowed to cover this historic golf event with the phantom UAS after obtaini ng the appropriate credentials from the PGA tour.

The 2015 senior PGA tournament will take place French Lick, Indian a in May. Over 250,00 people are expected to attend thus, a great opportunity to cover the event pending approval from the FAA.

French Lick has evolved in to a popular tourist destination with numerous thriving new business ventures and tourist attraction s with a focus on family friendly activities. This unmanned video will create awareness of how UAS are a solid and efficient mark eting tool as well as putting a greater spotlight on French Lick, Indiana as a travel destination.

Additionally, approval will allow for the creation of community awareness about southern Indiana and its real estate opportunit ies for individuals unfamiliar with the geographical layout of French Lick and surrounding areas of southern Indiana. Creating foota ge for realtors to sell properties Resort and hotel owners and other commercial opportun ities will benefit from the aerial video view provided The UAS will be a great additional marketing tool capturing images like no other tool available until now due to the new techno logy

Community Benefits

UAS coverage for the annual senior PGA tournament will be a first time event for Indiana and potentially making UAS aviation an d UAS history in southern Indiana. Covering the PGA may very well be a first time ever event for a UAS operation.

UAS coverage offers a vantage point never seen before in the town of French Lick. Video footage from drones offer an aesthetic value that cannot be captured in any other medium.

The end result will drive additional economic growth and revenues to businesses in Fr ench Lick. The project will help create ne w jobs and opportunities for local businesses in this budding tourism district.

Finally, economic progress in tourism drives the housing market. Succession in tourism marketing will prompt the housing market to grow in tandem. The Phantom UAS will give buyers a new tool to assist with their home search in not only a unique way but ef ficient

as well.

The public will gain a new interest and perspective in to the town of French Lick.

Granting exemption will give many individuals and business owners access to this service at a cost significantly lower than usi ng a helicopter, airplane or bucket truck. The relatively small size and lack of combustible fuel compared to larger manned aircraft , the Phantom poses no threat the public. Additionally the operation of the Phantom will minimize ecological damage and promote econo mic growth by providing information to companies looking to re locate or build in the French Lick and surrounding area.

Reasons why the requested exemptions would not adversely affect safety Comment Period Close d

ID: FAA-2015-0138-0001

Document Informatio n

Date Posted:
Jan 21, 2015

Show More Details

Submitter Informatio n

Submitter Name:

Dave Marshall

Mailing Address:
9478 Lodge Lane

City:

Shoals

Country:

United States

State or Province:

IN

ZIP/Postal Code:

47581

Comments

0

Docket Information

This document is contained in

FAA-2015-0138

Related Dockets:

None

Related RINs:

None

Related Documents:

None

This count refers to the total
comment/submissions received

this document , as of 11:59 PM yesterday. Note: Agencies revi e submissions, however some agencies may choose to redact withhold, certain submissions ( o portions thereof) such as those containing private or proprietar y information, inappropriate lang u or duplicate/near duplicate examples of a mass-mail camp a This can result in discrepancies

between this count and those displayed when conducting
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document.

Comments Receive d

* Pa g e 1 of 2 Re g ulations. g ov - Other Document

1/22/2015 htt p ://www.re g ulations. g ov /The petitioner is currently an ATP pilot and former airline pilot with a solid comprehension of airspace, weather, air and grou nd safety, emergency procedures, CRM and general aviation common sense. Nevertheless any and all rules and regulations given by th e FAA will be followed completely given approval to operate said de vice. ATP rated pilot allows for a higher degree of safety and knowledge.

------- - Please see the attachments that I have sent to the FAA- Attention:

Jake J Troutman Program Analyst | Rulemaking FAA Office of Aviation Safety Airmen and Airspace Rules Division

-------

These attachments supporting my Petition for Exemption were sent to Mr Troutman via e-mail are:

Pilot Resume Personal Opinion on Commercial UAS operations Copy of ATP pilot license, FAA Medical & Radio Operators Permit Safety Measures Specific exemptions explained (As I understand them)

Regards,

Dave Marshall Pa g e 2 of 2 Re g ulations. g ov - Other Document

1/22/2015 htt p ://www.re g ulations. g ov /