April 22

, 2015

Exemption No. 11420 Regulatory Docket No. FAA

– 20 15

– 0178

Mr. Edward R. Hanson Strawberry Productions

, LLC dba Flying Berry Productions
23939 Crescent Parke Court Fernandina Beach, FL 32034

Dear Mr. Hanson :

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 January 23, 2015 , you petitioned the Federal Aviation Administration (FAA)
on behalf of Strawberry Productions

, LLC dba Flying Berry Productions ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate

an unmanned ai rcraf

t system (UAS) to conduct aerial videography and photography in the real estate and construction markets of Florida and Southern Georgia

.

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

.2

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom II.

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 the re lief 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

. The FAA has issued grants 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 th e 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 fin d 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, Strawberry Productions

, LLC dba Flying Berry
Productions 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 petiti oner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions
and limitations listed below.3

Conditions and Limitations

In this grant of exemption, Strawberry Productions

, LLC dba Flying Berry Productions 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 II 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 spec ified 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 s atisfy 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 ;

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 acc ordance 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. I f a discrepancy exists between the conditions and4

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 pro cedures 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 o fficial 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 gran ted 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 unde rgone 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 f

lights 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 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 demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, incl uding 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 (traini ng, 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 term s of this exemption. However, training operations may only be conducted during dedicated training sessions. During
traini ng, 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 cond itions (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
denote d with an ARP, the center of the airport symbo l 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 o f 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 l ess 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

- determined 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 minu tes 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 aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR p art 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 remai n 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, v essels, 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 p rotection. 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 control led

- access property with permission from the property owner/controller or authorized represen tative. 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 de fined 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 te levision 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 ope rator 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 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 re quest;

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 ex emption, 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 April 30, 2017 , unless sooner superseded or rescinded.8

Sinc erely,

/s/
John S. Duncan Director, Flight Standards Service1 IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

STRAWBERRY PRODUCTIONS LLC

DBA; FLYING BERRY PRODUCTIONS

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIRMENTS
OF

TIT LE 14 OF THE CODE OF FE DERAL REGULATIONS

SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121;

91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

Submitted on 1/23 /2015

By,

Edward Reid Hanson

Strawberry Productions LLC

DBA, Flying Berry Productions

(813) 732.45822 Table of Contents

Summary ...............3

Introduction to Petitioner .......... 3

The UAV Phantom II ...... 3

Basis for Petition ..... 4

A. Name and Address of Petitioner ............ 4

B. The Specific Sections of 14 C.F.R. Fro m Which Strawberry Productions LLC Seeks Exemption .............. 4
C. The Extent Of Relief That Str awberry Productions LLC Seeks ......... 8

D. The Reasons Why G ranting Strawberry Productions LLC Request Would Be In
The Public’s Interest ...............12

E. The Reason Why Granting The Exemption Would Not Adversely Affect Safety ... 13

F. Additional Information ..................................14
G. Summary to be Published in Federal Register ..................15

Conclusion ...........................153

SUMMARY

STRAWBERRY PRODUCTIONS LLC , which is Doing Business As (DBA) Flying Berry Productions, seeks exemptions from Title 14, Code of Federal Regulations §§ 61.113 ( a) and (b), 91.7 (a), 91.119 , 91.121, 91.151 (a), 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b) to operate a DJI PHANTOM II UAS. This exemption wil l allow Strawberry Productions LLC to operate an Unmanned Aerial Vehicle commercially for the purpose of conducting

aeria l videography and photography in the real estate and construction markets of Florida and Southern Georgia . These images and videos will provide community awareness and geospatial understanding.

INTRODUCTION TO PETITIONER

STAWBERRY PRODUCTIONS LLC, is a real estate videography and photography company specializing in producing high quality results for clients who want digital displays of MLS li stings. STRAWBERRY PRODUCTIONS

LLC seeks relief to use a Phantom II quad

- copter to commercially capture video of listings while working on private p roperty. STRAWBERRY PRODUCTIONS

LLC will utilize a Visual Observer (V.O.) while maintaining Visual Line of Sight (V.L.O.S.) between the quad

- copter and a UAV operator who will have a curre nt private pilots license.

The UAV PHANTOM II

The DJI Phantom II is a quad

- rotor Unmanned Aircraft System (UAS) weighing less than 3 pounds. The Phantom II U AS that STRAWBERRY PRODUCTIONS

LLC will be responsible for also utilizes a mobile ground station

. The UAS features a safety Return to Home function that in the event of a signal loss, the4

UAS will return to a preset position and land. The Return to Home feature can also be triggered manually. PHANTOM 2 uses a 2.4GHz RC system. To avoid

communication interference, STRAWBERRY PRODUCTIONS LLC will not use other 2.4GHz devices (including 2.4G Wi

- Fi or 2.4G wireless video t ransmission module) except the 2.4 G Bluetooth and 2.4G Datalink. The Phantom II can fly at approximately 30kts. Flying Berry Production s has no need to operate at a speed greater than 10kts. The Phantom II is powered by a single Lipo battery. This battery gives the Phantom II an approximate 15 minutes worth of flight time with its attached payload of a Go Pro HERO 3+ camera and the associ ated gimbal that connects the camera to the quad

- copter.

BASIS FOR PETITION

STRAWBERRY PRODUCTIONS LLC pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Speci al Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the DJI PHANTOM II UAS within the National Airspace System, and for an exemption from the requirements of 14 C.F.R. §§ 61.113 (a) and (b), 91.7 (a), 91.119, 91.12 1, 91.151 (a), 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b).

A. Name and Address of The Petitioner

STRAWBERRY PRODUCTIONS LLC

23939 Crescent Parke Court

Fernandina Beach, FL. 23034

flyingberryproductions@gmail.com5 B. ST R AWBERRY PRODUCTIONS LLC Requests Relief from the

Following Sections of 14 C.F.R.

1. Sections 61.113, entitled Private pilot privileges and limitations: Pilot in Command, Subsections (a) and (b) prescribed the following, in part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircra ft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

– (1) The flight is only incidental to that business or employment and (2) The aircraft does not carry passengers or property for

compens ation or hire.

2. Section 91.7, entitled Civil airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy

condition.

3. Section 91.119, entitled Minimum Safe Altitudes: General Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere, An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. An altit ude of 1000 feet above the highest

obstacle within a horizontal radius of 2000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraf

t may not be operated closer than 500 feet to any person, vessel, vehicle or structure. (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on

the surface

—6 (1) A helicopter may be operated a t less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or w eight

- Shift

- Control aircraft may be operated at less than the minimums prescribed in paragraph © of

this section.

4. Section 91.121, entitled Altimeter Settings, subsection (a), states the following, in relevant part: (a) Each person operating an aircraft shall maintain the cruising altitude of flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting of a station along the

route and within 100 nau tical miles of the aircraft; (ii) If there is not station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure;

5. Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

6. Section 91.405, entitled Mai ntenance required, subsection (a) stated the following: Each Owner or Operator of an Aircraft

- (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspection, except as provided in7 paragraph (c) of this se ction, have discrepancies repaired as prescribed in part 43 of this chapter.

7. Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsections (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under §43.7 of this chapter.

8. Section 91.409, entitled Inspections, subsection (a), st ates the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it

has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved f

or return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

9. Section 91.417, entitled Maintenance Records, subsections (a) and (b),

s tate the following: (a) Except for work performed in accordance with §§ 91.411 a n d 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration

and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an

aircraft. The record s must include

—8 (i) A description (or reference to data acceptable to the Administrator) or the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the

aircraft for return to serv ice (2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under

which t he aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety dire ctive involves recurring action, the time and date when the net action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

a. The Owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performe d. (2) The records specified in paragraph (a)(2) of this

sections shall be retained and transferred with the

aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retaine d until the defects are repaired and the aircraft is approved for return to service.9 C. The Exten t Of Relief That STRAWBERRY PRODUCTIONS LLC

Seeks

1. Extent of Relief that Strawberry Productions LLC Seeks Regarding Section 61.113 (a) and (b) Private Pilot Privileges and Limitations

Relief from Section 61.113 (a) and (b) is requested to allow a Pilot in Command holding a current Private Pilots Certifi cate to operate the Strawberry Productions Phantom II. The flight would be complimented by a

Visual Observer who, along with the pilot, will maintain Visual Line of Sight with the Phantom II at all times. All operations conducted wi ll be incidental to Strawberry Production’s business. The Phantom II is not able to

carry passengers.

2. Ex tent of Relief that Strawber ry Productions seeks in Regards to Section 91.7(a) Civil Aircraft Airworthiness

Relief from Section 91.7(a) is requested to allow Strawberry Productions to

determine airworthiness of the Phantom II. As part of this determination the following will be adhered to:

a. Prior to the Phantom II’s fli ght the PIC will inspect the UA to ensure it is in a condition that will be conducive for a safe flight. The ground control station will be included in the above inspection.

b. Strawberry Productions will follow the DJI Phantom II’s aircraft/component, maintenance, overhaul, replacement, inspection and life limit requirements.

c. Strawberry Productions will comply with all DJI manufacturer Safety

Bulletins.

3. Ex tent of Relief that Strawberry Productions seeks in Regards to Section

91.119 Minimum Safe Altitudes General10 Relief from 91.119 is requested to allo w Strawberry Productions to

operate the Phantom II at altitudes not to exceed 400’ AGL over private property at a distance at or greater than 5NM from the nearest airp ort as depicted on current A eronautical Charts. Strawberry Productions also wishes to be granted exemption to operate at an altitude not greater than

50’ AGL (below tree level) between 1NM and 5NM from the nearest airport as depicted on current Aeronautica l Charts.

Strawberry Productions will adhere to the following in order to maintain an acceptable level of safety associated with operations over private
property:

(a) Strawberry Productions will display signs in the immediate vicinity of operations stating: “Aerial Photography In Progress. Use Caution.” (b) Strawberry Productions will not allow the Phantom II to op erate at a speed greater than 10 kts. (c) Strawberry Productions will require the UAS operator (PIC) to be fully trained on the Phantom II by adhering to the recommendations contained within the Phantom II’s operating manual. (d) Strawberry Production’s UAS operator (PIC) will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimu m of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. In addition the operator will have logged a minimum of 5 hours as a UAS pilot operating the make and model UAS that Flying Berry Production
operates. (e) Strawberry Production’s UAS operator (PIC) will be familiar with and able to manually institute the Phantom II’s Return to Home (RTH) feature. This feature aborts a flight operation and automatically returns the UAS to a predetermined GPS safe point. (f) Strawberry Production’s UAS operator (PIC) will not operate over private property without first finding a suitable alternate landing spot on the property. (g) Strawberry Production’s UAS operator (PIC) will abort the flight in

the event of un predicted obstacles or emergencies in accordance with the operating documents.11 (h) Strawberry Productions will utilize a two man flight team consisting of the Pilot in Command (PIC) and a Visual Observer (VO). This team will maintain visual line of sight with the Phantom II at all times and remain within hearing of one another. (i) Strawberry Productions will not permit f light around vessels, vehicles

and structures with out permission from the owner.

4. Ex tent of Relief that Strawberry Productions Seeks in Regards to Section

91.121 Altimeter Settings

Relief from 91.121 is requested because the Phantom II utilizes

electronic GPS with a barometric sensor.

In order to maintain an equal level of safety that 91.121 requi res, the PIC

of the Strawberry Productions UAS will abort the flight in the events that the UA loses communications with the GPS signal.

5. Ex tent of Relief that Strawberry Productions Seeks in Regards to Section 91.151(b) Fuel Requirements for Flight in VFR Conditions

Relief from 91.151(b) is requested to the extent that allows Strawberry Productions to operate the Phantom II up to a point (considering wind and forecast weather conditions) that there is enough power to fly at normal cruising speed to the intended landing poin t and land the UA with 30% battery power remaining.

6. Ex tent of Relief that Strawberry Productions Seeks in Regards to Sections 91.405(a), 91.407(a)(1), 91.409(a)(1), and (a)(2), 91.417(a) and (b) These are all associated a with Airworthiness certificate

Relief from 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is requested to the extent that allows Strawberry Productions to operate the Phantom II Quad

- Copter as necessary. These sections are all related to

airworthiness certificates of aircr aft. There is not currently an12 airworthiness certifica te for small UAS’s. Strawberry Productions would

comply in full to any conditions and limitations that the Administrator would place in order to receive an approved Grant of Exemption.

D. THE REASONS WH Y GRANTING THE EXEMPTION WOULD BE

IN THE PUBLICS INTEREST

1) Aerial photography lends a unique perspective to the viewer. The angles of capture show areas that are not able to be seen by an earthbound photographer. This type of photography has been used for some time by real estate agencies and construction firms. Unfortunately though, it is often cost prohibitive for small business. The expensive fees demanded by traditional aerial photography outfits has often given large firms an advantage. With a Grant of Exemption from the Administrator, Strawberry Productions can be of immense benefit to small business by providing affordable aerial photography.

2) The granted us e of ae rial photography by Strawberry Productions would assist the public by allowing them to form a geospatial perspective and academic understanding of the area surrounding th e subject of their interests. This would certainly help the clients of Strawberry Productions garner business and th erefor would directly have a positive effect upon the economy.

3) The risk associated with UAS aerial photography is less than the risk associated with traditional aerial photog raphy. The UAS that Strawberry Productions incorporates weighs less than 3lbs. T his UAS is also fueled by a single battery. The amount of damage that may occur in the event of

an incident or accident is substantially less than that which may occur in the event of an incident or accident involving the traditional form of aerial photogr aphy. Traditional aerial real estate photographers rely upon full size aircraft operating a low altitudes and with a full load of13 combustible fuel. Responsible UAS operations are inherently in the

public’s interest.

E. The Reason Why Granting The Exemption Would Not Adversely Affect Safety.

Strawberry Production’s high level of professionalism and desire to set the standard for successful and safe UAS real estate operations squarely coalesces with the FAA’s safety missi on. In add ition, Strawb erry Productions will strictly follow the conditions and limitations of the FAA

Gran t. Some procedures that Strawb erry Productions has or will have in place include:

a) Standard Operating Procedures (SOP); which will include a pre

- flig ht

checklist, airworthiness inspection by the Pilot in Command, signage

depicting a notice of aerial photography in progress, and NOTAMS

issued 48 hours in advance of a flight.

b) Du ring flight operations, Strawb erry Productions will utilize a two person

tea m consisting of the Pilot in Command and a Visual Observer. All

operations will remain within line of sight of the UAS team.

c) The UAS will at all times have the GPS Return to Home safety feature

activated. In the event of a “loss of signal” or if the Pilot in Command

deems it necessary the UAS will return to a preset position and land.

d) In the event that the aerial photography safety zone is violated, the Pilot

in Command will abort the mission and return to the safe landing zone.

e) Strawb erry Productions wil l only operate the UAS over private property

with the permission of the property owner and will stay a safe distance

away from vehicles, structures and people.14 f) As Federal gu idelines are developed, Strawb erry Productions will stay up

to date and within comp liance of all changes.

F. Additional Information

This Petition is made pursuant to the FAA Moder nization and Reform Act of

2012 (FMRA) Section 333, which directs the Secretary of Transportat ion to

determine if certain UAS may operate safely in the NAS. Strawb erry Productions commitment to being at the forefront of the rapidly emerging UAS commercial use sector is second only to their commitment to operating responsibly. Flying Berry Production ’ s owner, Edward Hanson, is a graduate of Embry

- Riddle Aeronau tical University. Mr. Hanson holds a private/instrument single engine land certificate and will be the primary Pilot

in Command of the Phantom II UAS that Strawb erry Productions will use in

the Re al Estate/Construction markets. This added investment of not only being the Pilot in Command but also the owner of the company, gives

Strawb erry Productions a commitment to safety and excellence that will lead it to becoming the flag bearer for small business UAS use.

Strawb erry Productions will obtain an Air Traffic Organizat ion (ATO)

issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption.

All aircraft operated by Strawb erry Productions, in accordance with this exemption , will be id e ntified by serial number and registered in accordance with 14 CFR part 47. Flying Berry Productions will comply with making

November markings in accordance with 14 CFR part 45, Subpart C. The November markings placed upon the Strawb erry Productions Phantom II UAS will be as large as practical.

Attached are the Operating Manual and Quick Start Manual that are used in conjunction with the Strawb erry Productions Standard Operating

Procedures.15 G. Summary to be Printed in Federal Register

Strawb erry Productions LLC requests exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

. Flying Berry Productions requ ests relief from these sections from the FAA Administrator per the intentions of the

FAA Moderation and Ref orm Act of 2012 so that Strawb erry Productions

LLC can produce photography and video for clients within the real estate

and construction markets.

CONCLUSION

As set forth herein, Strawb erry Productions LLC seeks an exemption

pu rsuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization

and Reform Act of 2012 (FMRA), which will permit safe operation of the

DJI Phantom II UAS commercially within the Real Estate and Construction markets. The Administrator will be assisting small business by granting this petition. In accordance with the FAA Modernization and Reform Act of 2012, Flying Berry Productions respectfully requests that the FAA

Adm inistrator grants this petition for exemption from TITLE 14 OF T HE

CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)16