April 16, 2015

Exemption No. 11323 Regulatory Docket No. FAA−20 15

− 0025

Mr. M ichael Klarenbeek

M

- Kopter Aerials

7 08 Felton Avenue Gregory, SD 57533

Dear Mr. Klarenbeek :

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,

includin g the date it ends.

The Basis for Our Decision

By letter posted to the public docket on January 7, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of M

- Kopter Aerials ( hereinafter petitioner or operator ) for an exemption

. The ex emption would all ow the petitioner to operate an unmanned aircraft system (UAS) to conduct a erial videography for geographical awareness/mapping and real

estate ma rketing.

See Appendix A for the petition submitted to the FAA des cribing the proposed operat ions 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 Inspire 1

.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Su bpart H

— Airworthiness Certificates . 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 Sec tion 333. Therefore, the FAA finds that t he requested relief from

14 CFR part 21, and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial imaging

. 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 the 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. 11 062, 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 fore going, 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, M

- Kopter Aerials 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 for the purpose of aerial imaging. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, M

- Kopter Aerials is hereafter referred to as the operator.3

Failure to comply with any of the conditions and limita tions 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 Inspire 1 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 knot s (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 reco mmended 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.

Thi s 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 mus t 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 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 requi red of the

VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operatin g documents 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 conditio ns 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 or any law enforcement official upon request. The4

operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exem ption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be co ntacted if questions arise regarding updates or revisions to the operating documents.

8. 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 unde rgo 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 must remain at least 500 feet from other people. The functional test flight must be conducted i n 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 operat ion 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, ins pection, 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,

commerci al, 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

gov ernment. 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 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 VOs5

(training, 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, training operations may only be conducted during dedicated training sessions. During training, proficiency, and exper ience

- 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 flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport refe rence 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 symbol as denoted on the current FAA

published aeronautical chart, unless a letter of agreement with that ai rport’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 the UAS loses communications or loses its GPS signal, the UA must return to a pre

determined location with in the private 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 avai lable 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 the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted 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 a ccordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure 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 mus t be made available to the Administrator or any law enforcement 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 debri s 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 i mmediately 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 ope rating 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 o r controlled

- access property with permission from the property 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 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 Tran sportation Safety Board (NTSB) per instructions

contained 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.7

30. At least 3 days before aerial filming, the operator of the UAS affected by t his exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area 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 operator for the UAS aerial filming conducted under this grant of exemption;

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

- scene operation of

th e 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 ho lder 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 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 April 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service§11.81 What information must I include in my petition for an exemption?

You must include the following information in your petition for an exemption and submit it to FAA as soon as you know you need an exemption.

(a) Your name and mailing address and, if you wish, other contact information such as a fax number, telephone number, or e

- mail address;

Michael Klarenbeek CFI 708 Felton Ave. Gregory, Sd 57533

Phone: 605

- 759

- 6389

m ichael. klarenbeek@gmail.com
Pilot# 3250836CFI

(b) The specific section or sections of 14 CFR from which you seek an exemption; Part 21; and §§ 45.23 (b); 91.7(a); 91.9(b)(2); 91.103(b); 91.119; 91.121, 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) & (b) of Title 14, Code of Federal Regulations

(c) The extent of relief you seek, and the reason you seek the relief;

Part 21 91.203(a) & (b)
G iven the siz e, weight, speed, and li mited operating area associated with the aircraft to be utilized by him, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112

- 95 (Section 333).

45.23

Mar king of the aircraft because UA will not have a cabin, cockp it or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such a
small aircraft with dimensions smaller than the minimal lett ering requirem ent.

Will mark UAS in the largest possible lettering by placing the N

- number on its fuselage as required by § 45. 29(f) s o that anyone assisting him as a spotter will see the markings.

91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be required and should be granted since they only apply to
aircraft with an airworthiness certificate . Ho wever as a safety precaution user will perform a preflight inspection of his UAS before each flight as outlined in his operating documents
and follow manufacture maintenance recommendations as stated i n UA user manual

.

91.7(a) prohibits the operation of an ai rcraft without an airw orthiness certificate.

T here is currently no certificate applicable to this operation, this regulation is inapplicable.

91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no pilots

or pas sengers on board his ai rcraft and given its size, this regulation is in applic able. A n equivalent level of safety will be achieved by maintaining a safety/flight manual with the UAS ground station.91.103 (b) The PIC will take all actions including reviewing weathe r, flight battery requirements, landings, and takeoff distances and aircraft performance data before initiation of f light.
S tricter requirements with regard to visibility and distance from clouds; this is to both keep

t he UA from departing the VLOS and to preclude the UA from operating in the NA S. S un glare will be taken into a ccoun t. PIC’s and VO’s ability to still see other air traffic, combined with the PIC’s ability to init iate a return

- to

- home sequence, are suffic ient mitigations . The
PIC will also account for all relevant site

- specific conditions in his or her preflight procedures.

91.119

P rescribes safe altitudes for the operation of civil airc raft, but that it allows helicopters to be operated at lower altitudes i n certain co nditions. UAS will not be operated above the
altitude of 4 00 feet above ground level (AGL) and will also only operate in safe areas away from the publi c and traffic, thus “providing a level of safety at least equivalent to or below
those in relation to minimum safe altitudes.” G iven the size, weight, ma neuvera bility, and speed of the UAS, an equivalent or higher level of safet y will be achieved

.

91.121 Altimeter settings is ina pplicable since he UAS utilizes electronic GPS with a barometric

sensor . Sensor is calibrated before flight and read s AGL altitudes.

91.151 (a) Fuel requirements for flight in VFR conditions, prior relief has been granted for manned aircraft to operate at less than pr escribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS

- specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR condition s. The UAS wil l land prior to the manufacturer’s recommended minimum level of battery power (30%) . The operating

documents indicate that the low battery level failsafe is triggered when the battery is depleted to a point that may affect the safe retur n of the aircraft. Use rs are to return home

or land the aircr aft immediately when these warnings are shown. Pilot ground station will advise user to return the aircraft to the Home Point when low battery warning is triggered. Aircraft will automatically return to home point if no a ction is taken after 10 second

coun tdown. User can cancel the return to home any time. The thresholds for these warnings are automatically determined based on the current aircraft altitude and its distance from home point. Aircraft will land automatically if the current battery level ca n only support the aircraft to land to the ground from the current altitude. User can use ground s tation to control the
aircraft during landing process.

(d) The reasons why granting your request would be in the public interest; that is, how it would benefit the public as a whole;

A erial videography for geographica l awareness /mapping and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters, but for

small business owners, its expense has been cos t

- prohibitive. Granting t his exemption

would allow me to provide this service at a much lower cost. F urther small UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. The operation of this UAS will minimize ecological damage and promote economic growth by providing information to companies loo king to relocate orbuild in South Dakota. Farmer s can also benefit by using less chemical on crops which will

reduce th e level of impact on the environment and save them cost.

(e) The reasons why granting the exemption would not adversely affect safety, or how the exempt ion would provide a level of safety at least equal to that provided by the rule from which you seek the exemption;

L imitations under wh ich the UAS will operate (i.e. VLOS and at or below 4 00 feet AGL) and the UAS emergency procedures as well as the size and speed of the aircraft are sufficient mitigations to this ris k so that the operations will not adversely affect safety.

(f) A summary we can publish in the F EDERAL R EGISTER

, stating:

(1) The rule from which you seek the exemption; and

Part 21; and §§ 45.23 (b); 91.7(a); 91.9(b)(2); 91.103(b); 91.119; 91.121, 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) & (b) of Title 14, Code of Federal Regulations

(2) A brief description of the nature of the exemption you seek

M

- Kopter Ae rials (Michael Klarenbeek) vision is to provide access to unique, customized,
and affo rdable aerial video, and photos using both manned aircraft and u nmanned aircraft. I would like an exemption to utiliz e the cost effectiveness of unman ned aircraft specifically the DJI Inspire 1 . Being a commercial pilot and instructor I know the cost of manned aircraft is too high and less efficient than small unmanned air craft. Manned aircraft work great for large areas, but for a single photo/video the price is to o high. South Dakota is a very low risk area to fly

, and with knowledge of the ATC system I feel flying near airports can still be safe with the right precautions taken.

(g) Any additional information, views or arguments available to support your request; and

YES

– separate documents

Policy and Procedures

Inspire 1 User Manual (EN) v1.0

Flight Battery Safety Guidelines v1.0

Inspire 1 Safety Guidelines v1.0