April 16, 2015

 Exemption No. 11323

 Regulatory Docket No. FAA−2015−0025

Mr. Michael Klarenbeek

M-Kopter Aerials

708 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, 

including 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 exemption would allow the petitioner to operate an unmanned aircraft 

system (UAS) to conduct aerial videography for geographical awareness/mapping and real 

estate marketing.

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 Inspire 1.
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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 Public 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 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 Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to 

Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket 

No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), 

the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the 

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. 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, 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.
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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 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 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 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 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. 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 this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a 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 or any law enforcement official upon request. The 
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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 granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if 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 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 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 Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. 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.

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 VOs 
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(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 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 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 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished 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 the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within 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 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 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 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.
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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 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 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or 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 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 Transportation 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.
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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 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 

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 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

michael.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)

Given the size, weight, speed, and limited 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

Marking of the aircraft because UA will not have a cabin, cockpit 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 lettering requirement. 

Will mark UAS in the largest possible lettering by placing the N-number on its fuselage as 

required by § 45.29(f) so 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. However 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 in UA user manual.

91.7(a) prohibits the operation of an aircraft without an airworthiness certificate.

There 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 passengers on board his aircraft and given its size, this regulation is inapplicable. An 

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 weather, flight battery requirements, 

landings, and takeoff distances and aircraft performance data before initiation of flight. 

Stricter requirements with regard to visibility and distance from clouds; this is to both keep 

the UA from departing the VLOS and to preclude the UA from operating in the NAS. Sun 

glare will be taken into account. PIC’s and VO’s ability to still see other air traffic, combined 

with the PIC’s ability to initiate a return-to-home sequence, are sufficient mitigations. The 

PIC will also account for all relevant site-specific conditions in his or her preflight 

procedures.

91.119

Prescribes safe altitudes for the operation of civil aircraft, but that it allows helicopters to be 

operated at lower altitudes in certain conditions. UAS will not be operated above the 

altitude of 400 feet above ground level (AGL) and will also only operate in safe areas away 

from the public and traffic, thus “providing a level of safety at least equivalent to or below 

those in relation to minimum safe altitudes.” Given the size, weight, maneuverability, and 

speed of the UAS, an equivalent or higher level of safety will be achieved.

91.121 

Altimeter settings is inapplicable since he UAS utilizes electronic GPS with a barometric 

sensor. Sensor is calibrated before flight and reads 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 prescribed 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 conditions. The UAS will 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 return of the aircraft. Users are to return home 

or land the aircraft 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 action is taken after 10 second

countdown. 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 can only support the aircraft to 

land to the ground from the current altitude. User can use ground station 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;

Aerial videography for geographical 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 cost-prohibitive. Granting this exemption 

would allow me to provide this service at a much lower cost. Further 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 looking to relocate or 
build in South Dakota. Farmers can also benefit by using less chemical on crops which will 

reduce the 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 

exemption would provide a level of safety at least equal to that provided by the rule from 

which you seek the exemption;

Limitations under which the UAS will operate (i.e. VLOS and at or below 400 feet AGL) and 

the UAS emergency procedures as well as the size and speed of the aircraft are sufficient 

mitigations to this risk so that the operations will not adversely affect safety.

(f) A summary we can publish in the FEDERAL REGISTER, 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 Aerials (Michael Klarenbeek) vision is to provide access to unique, customized, 

and affordable aerial video, and photos using both manned aircraft and unmanned aircraft. I 

would like an exemption to utilize the cost effectiveness of unmanned 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 aircraft. Manned aircraft work great for large areas, 

but for a single photo/video the price is too 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