May 28, 2015

Exemption No. 11699 Regulatory Docket No. FAA

- 2015

- 0531

Mr. Ian Sebastian

Member

National Association of Realtors

11771 Laurelwood Drive Studio City

, CA 91604

Dear Mr. Sebastian :

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

By letter s dated posted to the docket on March 4 and March 28 , 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of I Drone Your Home ( hereinafter petitioner or operator ) for an exemption. The petitioner requested to operate an unmanned

ai rcraft sys tem (UAS) to conduct aerial videography for realtors and private homeowners.

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 DJI Phantom 2

.

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in

reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that 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 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

− 20 14

− 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 peti tioner 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 i nterest.

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 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, I Drone Your Home is granted an exemption from

14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption i s subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, I Drone Your Home 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.3

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 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 exceed ing 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 ai rspeed 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 PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains 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 fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

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

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and

limita tions 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 ope rator 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 official upon request. The operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then4

the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration 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 flights may only be conducted by a PIC with a VO and mu st 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 i s 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 comp onents, 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.

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, including evasive and emergency maneuvers and

main taining 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 (trai ni 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 terms of this exemption. However,5

training operat ions 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 conditions (VMC). Flights under special visual f light 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 denoted with an ARP, the center of the airport sym bo 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 of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If t he 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 prohibit ed from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by t he 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

.

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

num ber, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.6

These documents must be made available to the Administrator or any law enforcem ent official upon request.

24. The UA must remain 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, vessels, 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

tha t 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 nonparticipa ting 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 prop erty owner/controller 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 vert ical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

containe d on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

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

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

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities t o the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day7

notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times fo r all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs 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 request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted a nd 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.

U nless 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 May 31, 2017 , unless s ooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

Enclosures

### Petition for Exemption, requesting relief from the FAA Modernization and

Reform Act of 2012, Public Law 112-95 FEB. 14, 2012, Section 333.

Whereas, I Drone Your Home (IDYH) currently, under individual ownership, seeks relief from airworthiness certification requirements from the above mentioned regulations.

IDYH has been in existence since 4/24/2014 with the express purpose of providing aerial videography for Realtors and private homeowners.

IDYH is represented by Ian Sebastian, Realtor, a 21 year member of the National Association of Realtors (NAR), the California Association of Realtors and the Southland Regional Association of Realtors (SRAR).

Personal Information of Applicant: Ian Sebastian

11771 Laurelwood Drive Studio City, CA 91604

818-267-7375 ian@runningrealty.com

CalBRE 01138820

Licensed since 6/3/92 member in good standing

IDYH seeks this exemption under the guidelines of Section333 specifically as it relates to the Real Estate Industry in the greater Los Angeles area under the small UAS rule. We believe that we have put together a program as responsible operators of an UAS that will stand as an exemplary model on whom many others entering the market will emulate.

Under the terms of this exemption, it is our intention to safely fly an UAS, specifically a DJI Phantom 2 with an H3 2D gimbal and mounted GoPro Hero3 camera. Additionally the drone vehicle maintains a FPV connectivity utilizing an Immersion 5.8 GHz 600mW antenna linked with a Lilliput 7 inch HD field monitor, allowing the pilot to see exactly what the GoPro camera sees. Additionally, our pilot wears a camera mounted pair of glasses in order to record the actual drone flight, ensuring a recording of safe and responsible flight.

As air safety is of paramount importance, IDYH has developed a highly structured safety flight manual for our pilot as well as observer. As recent as the new proposed FAA regulation released as of February of 2015, IDYH intends to operate well within the most stringent proposal required to operate an unmanned aircraft in the National Airspace System (NAS). We are prepared to attend any required course of study, participate in flight evaluation and pay any required fee(s) that may be instituted. We have many hundreds of combined hours of safe flying in the recreational mode.Along with this Petition we are respectfully submitting the following support documents.

Exhibit A: Presents our proposed safety guidelines and their implementation incorporated into our

IDYH POLICY & PROCEDURES Manual.

Exhibit B: Presents IDYH PERMISSION/WAIVER document.

### Addendum to Petition for Exemption, requesting relief from the FAA

Modernization and Reform Act of 2012, Public Law 112-95 FEB. 14, 2012,

Section 333.

March 28 th 2015

ATT: Ms. Nia Daniels Program Analyst, Airmen and Airspace Rules Division

I am in receipt on your letter dated March 12 th , 2015.

Forthwith please find my response to your request for additional information as per your letter.

The specific section or sections of 14CFR from which I seek relief are Title 14 Chapter 1 Subchapter

D parts 60 thru 67, specifically 61.1 to 61.429 regarding pilot certification. In addition, I respectfully request the FAA grant exemptions from regulations that address general flight rules, pilot certificate requirements, manuals, maintenance and equipment mandates.

I believe that these requirements are unnecessary and tangential to the issue of pilot controlled drone flight. Additionally, current FAA proposals have omitted this as a future requirement for small UAV's.

I request the use of an unmanned aircraft system (UAS) within the National Airspace System (NAS) until such time as final rules and regulations become effective, at which time, I will then comply with the aforementioned rules and regulations.

As to ensuring my security clearance, I voluntarily submit my name and all relevant information for clearance with any governing board having jurisdiction over this issue. I was vetted by the FBI when I became a US citizen and again was fingerprinted along with my application as a Realtor with the State of California. I have never been charged with or convicted of any crime. I submit this information as true and accurate under penalty of perjury.

Re: Public Interest

I firmly believe that granting this exemption will allow for expanded access to the global real estate market. In many cases, homes/properties may have restricted or limited access due to numerous factors. Many properties are “hidden” behind walls and landscaping, resulting in diminished “curb appeal”. Providing this relief would eliminate these problems and lead to increased commerce for both buyers, sellers, government taxation agencies, real estate affiliated companies, (title, escrow, notary), construction industry and home improvement businesses who rely on a thriving real estate market. Additionally UAV's provide for property inspections including roof and chimney that can assist in identifying hard to observe defects in manufacturing and installation. Camera mounted drones helpmitigate accidents and death occurring from slips and falls which often result in liability claims and

damages to all participants. Invariably, a reduction in risk to life and limb is a general benefit to the public interest. Lastly, aerial videography provides the viewer with safe access to the property vicinity, eliminating needless driving to determine how close a property is to a freeway, school, beach or nearby unsightly development. This in turn reduces exhaust emissions and air pollution. Our UAV's utilize battery power and have no negative impact on the environment. When fully rolled out, these emission reductions will be measurable and significant.

In Conclusion:

I would like to add that we are committed to promoting the safe use of UAV's in general and specifically in regard to real estate and related services. We believe that by allowing “roll models”, the FAA can begin to establish responsible examples for the numerous flying devotees to come.



### Note: In accordance with § 11.63 (d), we respectfully propose an effective date of July 28 th 

### , 2015.

Sincerely,

Ian Sebastian CalBRE 01138820

I Drone Your Home

11771 Laurelwood Drive Studio City, CA 91604

818-267-7375 idroneyourhome@gmail.com