AFS-15-119-E 

Exemption No. 11191 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

GRANT OF EXEMPTION 

By letter dated November 2, 2014, Mr. Michael Singer, Founder, Singer’s Creations 

(hereinafter petitioner or operator), 4075 Linglestown Road, PMB #333, Harrisburg, PA 

17112, petitioned the Federal Aviation Administration (FAA) for an exemption from part 21 

Subpart H and §§ 61.113(a) and (b); 61.23(a), 91.109, 91.121, 91.151(a), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (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 Phantom 

2 Vision + unmanned aircraft system (UAS) to conduct aerial photography and videography 

for homeowners, realtors, home builders, home contractors, and/or home inspectors for real 

estate marketing and inspections of home exteriors. 

The petitioner supports its request with the following information: 

The petitioner proposes to operate the DJI S Phantom 2 Vision + UAS primarily to conduct 

aerial photography and videography for homeowners, realtors, home builders, home 

contractors, and/or home inspectors for real estate marketing and inspections of home 

exteriors. See Appendix A for the petition submitted to the FAA, including the regulations 

from which the petitioner seeks an exemption. 

 

In the matter of the petition of 

SINGER’S CREATIONS

for an exemption from part 21 Subpart H; 

§ 61.113(a) and (b); 61.23(a); §§ 91.109; 

91.121; 91.151(a); 91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); and 91.417(a) and (b) 

of Title 14, Code of Federal Regulations 

Regulatory Docket No. FAA–2014–0915
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The petitioner has provided the following information to support its request for an exemption, 

which includes the petition and supporting documents: 

1) Phantom Training Guide, 

2) Phantom User Manual, 

3) Phantom Guide, and 

4) Academy of Model Aeronautics (AMA) Safety Code 

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. 

The FAA’s analysis is as follows: 

The FAA has organized its analysis into four sections: (1) Unmanned Aircraft System (UAS), 

(2) the UAS pilot in command (PIC), (3) the UAS operating parameters, and (4) the public 

interest. 

Unmanned Aircraft System (UAS) 

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

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

provided in Section 333 of 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 requested relief from 14 CFR 

parts 21, and any associated noise certification and testing requirements of part 36, is not 

necessary. 

Manned helicopters conducting aerial filming can weigh thousands of pounds or more and are 

operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The 

petitioner’s unmanned aircraft (UA) will weigh less than 6 lbs. with no onboard pilot or crew. 

The pilot and crew will be remotely located from the aircraft. The limited weight significantly 

reduces the potential for harm to participating and nonparticipating individuals or property in 

the event of an incident or accident. The risk to an onboard pilot and crew during an incident 

or accident is eliminated with the use of a UA for the aerial filming operation. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The 

petitioner’s UA carries no fuel, and therefore the risk of fire following an incident or accident 

due to fuel spillage is eliminated. 

This exemption does not require an electronic means to monitor and communicate with other 

aircraft, such as transponders or sense and avoid technology. Rather the FAA is mitigating the 

risk of these operations by placing limits on altitude, requiring stand-off distance from clouds, 
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permitting daytime operations only, requiring that the UA be operated within visual line of 

sight (VLOS), utilizing a visual observer for all flights, and yielding right of way to all other 

operations. Additionally, the exemption provides that the operator will request a notice to 

airmen (NOTAM) prior to operations to alert other users of the NAS. These mitigations 

address awareness of UAS operations occurring in the airspace. 

The petitioner’s UAS has the capability to operate safely after experiencing certain in-flight 

contingencies or failures and uses an auto-pilot system to maintain UAS stability and control. 

The UAS is also able to respond to a loss of global positioning system (GPS) or a lost-link 

event with a pre-coordinated, predictable, automated flight maneuver. These safety features 

provide an equivalent level of safety compared to a manned aircraft performing a similar 

operation and mitigate the risk of command and control link failures. 

Regarding the petitioner’s requested relief from 14 CFR §§ 91.405 (a) Maintenance required, 

91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration, 

91.409(a)(1) and (a)(2) Inspections, and 91.417(a) and (b) Maintenance records, the FAA has 

carefully evaluated the petitioner’s request and determined that cause for granting the 

exemption is warranted. The FAA notes that the petitioner’s UAS operating documents 

contain detailed preflight checks, as well as routine maintenance, preventative maintenance, 

replacement of component parts and alterations for the UAS. The FAA finds that adherence 

to the petitioner’s operating documents and the conditions and limitations below are sufficient 

to ensure that safety is not adversely affected. In accordance with the petitioner’s UAS 

maintenance, inspection, and recordkeeping requirements, the FAA finds that exemption from 

14 CFR §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) is warranted 

subject to the conditions and limitations below. 

UAS Pilot in Command (PIC) 

Regarding 14 CFR § 61.113(a) and (b) Private pilot privileges and limitations, the petitioner 

requested regulatory relief to operate its UAS without an FAA-certificated pilot and relief 

from 14 CFR § 61.23(a) Operations requiring a medical certificate stating neither would 

improve safety. However, the FAA does not possess the authority to exempt the petitioner 

from the statutory requirement to hold an airman certificate, as prescribed in 49 USC § 44711. 

Although Section 333 provides limited statutory flexibility relative to 49 USC § 44704 for the 

purposes of airworthiness certification, it does not provide flexibility relative to other sections 

of 49 USC. The FAA does not possess the authority to exempt petitioner from the statutory 

requirement to hold an airman certificate, as prescribed in 49 USC § 44711. For further 

information see Exemption No. 11110, Trimble Navigation, Ltd. 

The FAA is also requiring a pilot certificate for UAS operations because pilots holding an 

FAA issued private or commercial pilot certificate are subject to the security screening by the 

Department of Homeland Security that certificated airmen undergo. As previously determined 
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by the Secretary, the requirement to have an airman certificate ameliorates security concerns 

over civil UAS operations conducted in accordance with Section 333. 

Given the above, the FAA must determine the appropriate level of pilot certification for the 

petitioner’s proposed operation. 

Under current regulations, civil operations for compensation or hire require a PIC holding a 

commercial pilot certificate per 14 CFR part 61. Based on the private pilot limitations in 

accordance with pertinent parts of 14 CFR §61.113(a), a pilot holding a private pilot 

certificate cannot act as a PIC of an aircraft for compensation or hire. However, in Grant of 

Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a 

private pilot certificate operating the Astraeus UAS would not adversely affect operations in 

the NAS or present a hazard to persons or property on the ground. 

The FAA has analyzed the petitioner’s proposed operation and has determined that it does not 

differ significantly from the situation described in Grant of Exemption No. 11062 (Astraeus 

Aerial). The petitioner plans to operate over private property with controlled access in the 

NAS. Given: 1) the similar nature of the petitioner’s proposed operating environment to that 

of Astraeus, 2) the parallel nature of private pilot aeronautical knowledge requirements to 

those of commercial requirements [ref: Exemption No. 11062], and 3) the airmanship skills 

necessary to operate the UAS, the FAA finds that the additional airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for the 

petitioner’s specific proposed operations. Therefore, the FAA finds that a PIC holding a 

private pilot certificate and a third-class airman medical certificate is appropriate for the 

proposed operations. 

With regard to PIC’s training program, the petitioner has proposed that prior to the first 

commercial operation the PIC be required to perform the greater of 20 flights or 20 hours of 

flight time in the Phantom UAS, as well as successfully demonstrate flight maneuvers 

specified in the Phantom Pilot Training Guide and study and be familiar with Phantom 2 

Vision+ manuals identified in the petition. The conditions and limitations below stipulate that 

the petitioner may not permit any PIC to operate unless that PIC has demonstrated through the 

petitioner’s training and currency requirements that the PIC is able 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 people, 

vessels, vehicles and structures. 

The petitioner proposed that its PIC would not hold a medical certificate. As outlined in 

14 CFR § 61.23, airmen exercising the privileges of a private certificate must possess a 

current third-class medical certificate. 

In conclusion, the FAA finds that a PIC holding a private pilot certificate and a third-class 

airman medical certificate and who has completed the petitioner’s UAS training and currency 

requirements can conduct the proposed UAS operations without adversely affecting the safety 
5 

of the NAS or persons or property on the ground. Upon consideration of the overall safety 

case presented by the petitioner and the concerns of the commenters, the FAA finds that 

granting the requested relief from 14 CFR § 61.113(a) is warranted. The FAA also finds that 

relief from 14 CFR § 61.113(b) is not needed. Relief from 14 CFR § 61.23(a) is not granted. 

The petitioner has not indicated it will supplement its proposed operation(s) with a visual 

observer (VO). In Grant of Exemption No. 11062, the FAA agreed with the petitioner’s 

proposed use of a VO and required a VO to be used in all UAS operations. However, the 

FAA considers the PIC’s ability to maintain VLOS with the UAS to be of primary 

significance and thus the medical certification requirement falls only on the PIC. Although a 

medical certificate is not required for a VO, the UA must never be operated beyond the actual 

visual capabilities of the VO, and the VO and PIC must have the ability to maintain VLOS 

with the UA at all times. It is the responsibility of the PIC to be aware of the VO’s visual 

limitations and limit operations of the UA to distances within the visual capabilities of both 

the PIC and VO. Moreover, the VO will not be operating the aircraft. Therefore, as in Grant 

of Exemption No. 11062, the FAA does not consider a medical certificate necessary for the 

VO and the requirement for a VO is included in the conditions and limitations below. 

The FAA considers the PIC to be designated for the duration of the flight. Therefore, per the 

conditions and limitations below, the PIC must be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. 

UAS Operating Parameters 

Though the petitioner did not request relief from 14 CFR § 91.7(a) Civil aircraft 

airworthiness, the FAA finds the relief is necessary. While the UAS will not require an 

airworthiness certificate in accordance with 14 CFR part 21, Subpart H, the FAA considers 

the petitioner’s compliance with its operating documents to be sufficient means for 

determining an airworthy condition in accordance with § 91.7(a). Therefore, relief from 

§ 91.7(a) is granted. The petitioner is still required to ensure that its aircraft is in an airworthy 

condition – based on compliance with manuals and checklists identified above – prior to 

every flight. 

Additionally, in accordance with 14 CFR § 91.7(b), the PIC of the UAS is responsible for 

determining whether the aircraft is in a condition for safe flight and the FAA finds that the 

PIC can comply with this requirement. 

Regarding the petitioner’s requested relief from 14 CFR § 91.109 Flight instruction; 

Simulated instrument flight and certain flight tests, the petitioner did not describe training 

scenarios in which a dual set of controls would be utilized or required, i.e. dual flight 

instruction, provided by a flight instructor or other company-designated individual, that 

would require that individual to have fully functioning dual controls. Rather, the petitioner 

intends to accomplish training as referenced in the operating documents. Furthermore, the 

FAA is requiring that the petitioner’s PICs possess at least a private pilot’s certificate. Also, 
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this exemption will require that training operations only be conducted during dedicated 

training sessions. The FAA finds that safety will not be adversely impacted if the petitioner 

follows the training outlined in the operating documents. As such, the FAA finds that the 

petitioner can conduct its operations without the requested relief from § 91.109. 

The petitioner did not request relief from 14 CFR § 91.119(c) Minimum safe altitudes: (c), 

Over other than congested area. However, the petitioner states operations will be conducted 

in areas with controlled access and would provide safety enhancements above those in the 

AMA Safety Code. While the petitioner proposes to operate the UA no more than 400 feet 

above ground level (AGL), it failed to provide an explanation for exposing nonparticipating 

persons to increased risk due to their proximity to the operations. Therefore, the FAA is 

requiring that prior to conducting UAS specific operations all persons not essential to flight 

operations (nonparticipating persons) must remain at appropriate distances. In open areas this 

requires the UA to remain 500 feet from all persons other than essential flight personnel (i.e. 

the PIC and VO). The FAA has also considered that the UA in this case will weigh less than 6 

pounds. If barriers or structures are present that can sufficiently protect nonparticipating 

persons from debris in the event of an accident then the UA may operate closer than 500 feet 

to persons afforded such protection. 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. The 

primary concern, when considering how to immediately cease operations, is the safety of 

those nonparticipating persons. In addition, the FAA finds that operations may be conducted 

closer than 500 feet to vessels, vehicles and structures when the land owner/controller grants 

such permission and the PIC makes a safety assessment of the risk of operating closer to those 

objects. 

Thus, the FAA finds that relief from § 91.119(c) is necessary because all operations will be 

conducted below 400 feet AGL and may be operated closer than 500 feet from persons, 

vessels, vehicles, and structures as described above. Provided adherence to the procedures in 

the operating documents and the additional conditions and limitations outlined below, the 

FAA finds that relief from § 91.119(c) is warranted. 

Regarding the petitioner’s requested relief from 14 CFR § 91.121 Altimeter Settings, the FAA 

believes that an altitude reading is a critical safety component of the petitioner’s proposed 

operation. Although the petitioner will not have a typical barometric altimeter onboard the 

aircraft, the FAA finds the petitioner’s intention to operate the UA within VLOS and at or 

below 400 feet AGL, combined with the petitioner’s intention to provide altitude information 

to the UAS pilot via a radio communications telemetry data link, which downlinks from the 

aircraft to the PIC for active monitoring of the flight path, to be a sufficient method for 

ensuring the UAS operations do not adversely affect safety. The altitude information will be 

generated by GPS equipment installed onboard the aircraft, and/or a static pressure sensor 

(barometer) which aids in estimating the altitude. Prior to each flight, a zero altitude initiation 

point must be established and confirmed for accuracy by the UAS PIC. The FAA has 

determined that good cause exists for granting the requested relief to 14 CFR 91. 
7 

The petitioner has also requested relief from § 91.151 (a) Fuel requirements for flight in VFR 

conditions. Similar UAS-specific relief has been granted an Exemption Nos. 8811, 10808, 

and 10673 for daytime, Visual Flight Rules (VFR) conditions. The petitioner’s UAS provides 

low battery warnings at 30% capacity that indicate the PIC must command the UA’s return to 

the launch point when low battery capacity voltage is reached. The UAS also provides critical 

low battery warnings at 15% battery capacity indicating that the UA will begin to descend 

and land automatically. These factors provide the FAA with sufficient reason to grant the 

relief from 14 CFR § 91.151(a) as requested in accordance with the conditions and limitations 

below. The PIC will be prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 30% battery power remaining. 

Regarding an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA), the majority of current UAS operations occurring in the National Airspace System 

(NAS) are being coordinated through Air Traffic Control (ATC) by the issuance of a COA. 

This is an existing process that not only makes local ATC facilities aware of UAS operations, 

but also provides ATC the ability to consider airspace issues that are unique to UAS 

operations. The COA will require the operator to request a Notice to Airmen (NOTAM), 

which is the mechanism for alerting other users of the NAS to the UAS activities being 

conducted. Therefore, the FAA believes that adherence to this process is the safest and most 

expeditious way to permit the petitioner to conduct their proposed UAS operations. 

Public Interest 

The FAA finds that a grant of exemption is in the public interest. The enhanced safety and 

reduced environmental impact achieved using a 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. 
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The following table summarizes the FAA’s determinations regarding the relief sought by the 

petitioner: 

Relief considered (14 CFR) FAA determination (14 CFR) 

21 Subpart H Relief not necessary 

61.113(a) and (b) 

Relief for 61.113(a) granted with 

conditions and limitations; relief for 

61.113(b) is not necessary 

61.23(a) Relief not granted 

91.7(a) Relief granted with conditions and 

limitations 

91.109 Relief not necessary 

91.119(c) Relief granted with conditions and 

limitations 

91.121 Relief granted with conditions and 

limitations 

91.151(a) Relief for (a)(1), day, granted with 

conditions and limitations 

91.405(a) Relief granted with conditions and 

limitations 

91.407(a)(1) Relief granted with conditions and 

limitations 

91.409(a)(1) and (2) Relief granted with conditions and 

limitations 

91.417(a) and (b) Relief granted with conditions and 

limitations 

The FAA’s 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, Singer’s Creations is granted an exemption 

from 14 CFR §§ 61.113(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 conduct aerial 

photography and videography for homeowners, realtors, home builders, home contractors, 

and/or home inspectors for use in real estate marketing and inspections of home exteriors. 

This exemption is subject to the conditions and limitations listed below. 
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Conditions and Limitations 

Relative to this grant of exemption, Singer’s Creations is hereafter referred to as the operator.

 

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

operating documents: 

1) Phantom Training Guide, 

2) Phantom User Manual, 

3) Phantom Guide, 

4) Academy of Model Aeronautics (AMA) Safety Code 

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 the DJI Phantom 2 Vision + Unmanned 

Aircraft System, a quad rotor aircraft with a maximum takeoff weight of less than 6 

pounds. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

2. UAS operations under this exemption are limited to aerial photography and 

videography for homeowners, realtors, home builders, home contractors, and/or home 

inspectors for use in real estate marketing and inspections of home exteriors. 

3. The UA may not be flown at an indicated airspeed exceeding 29 knots (15 m/s). 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents. 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 the PIC’s FAA-issued airman medical certificate. 

6. All operations must utilize a visual observer (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 during flight operations. The PIC must be designated before 

the flight and cannot transfer his or her designation for the duration of the flight. 
10 

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 grant 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 operating documents, the conditions and limitations herein take 

precedence and must be followed. Otherwise, the operator must follow the procedures 

as outlined in its operating documents. The operator may update or revise its operating 

documents. It is the operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator upon request. The operator must 

also present updated and revised documents if it petitions for extension or amendment. 

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 amendment 

to their exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents. 

9. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. 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. The Ground 

Control Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented 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 in accordance with the operating documents. The PIC who 

conducts the functional test flight must make an entry in the UAS aircraft records of 

the flight. The requirements and procedures for a functional test flight and aircraft 

record entry must be added to the operating documents. 

11. The preflight inspection section in the operating documents must be amended to 

include the following requirement: The preflight inspection must account for all 

discrepancies, i.e. inoperable components, items, or equipment, not covered in the 

relevant preflight inspection sections of the operating documents. 

12. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements, with particular attention 

to flight critical components that may not be addressed in the manufacturer’s manuals. 

13. The operator must carry out their maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

and alterations must be noted in the aircraft logbook, including total flight hours, 
11 

description of work accomplished, and the signature of the authorized UAS technician 

returning the UAS to service. 

14. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

15. The authorized person must make a record entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

16. The PIC must possess at least a private pilot certificate and a third-class airman 

medical certificate for all of petitioner’s flight operations. The PIC must also meet the 

flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC 

is rated on his or her pilot certificate. 

17. Prior to operations, the PIC must have completed the operator’s training and currency 

requirements as prescribed in the operating documents. During that training, the PIC 

must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), 

the minimum hours prescribe in the operating documents as UAS pilot operating the 

make and model of the UAS to be utilized for operations under the exemption. 

Training, proficiency, and experience-building flights can be conducted under this 

grant of exemption to qualify the operator’s PIC(s), VO(s) and other essential 

personnel as defined in the operating documents. However, said training operations 

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

proficiency, and experience-building flights the PIC is required to operate the UA with 

appropriate distances in accordance with 14 CFR § 91.119. 

18. The operator may not permit any PIC to operate unless that PIC has demonstrated 

through the operator’s training and currency requirements that the PIC is able 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 people, vessels, vehicles and structures. 

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

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

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

20. 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. 

21. 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. 
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22. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property and land or be 

recovered in accordance with the operating documents. 

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

accordance with the operating documents. 

24. The PIC will be prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 30% battery power 

remaining in accordance with the operating documents. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under this grant of 

exemption. This COA will also require the 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 accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements. 

26. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements. 

28. The 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. 

29. The UA must remain clear and yield the right of way to all other aviation operations 

and activities at all times. 

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC or VO), vessels, vehicles, and structures unless: 
13 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from 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 vessels, vehicles or structures where the land 

owner/controller has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and; 

c. Operations near the PIC or VO do not present an undue hazard to the PIC or 

VO per § 91.119(a). 

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained prior to the beginning of every flight. 

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

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

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

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

contained on the NTSB Web site: www.ntsb.gov. 
14 

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. 

Issued in Washington, DC, on March 3, 2015. 

/s/ 

John Barbagallo 

Acting Deputy Director, Flight Standards Service