### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter ofthe petition of JEREMY SALO, for an exemption from part 21 , Subpart H; part 61 ; §§ 91.103(b)(2) , 91.105 , 91.109 , 91.119 , 91.121 , 91.151 , 91.405 , 91.407 , 91.409 , 91.417 ofTitle 14 , Code ofFederal Regulations

. Exemption No. 17279 Regulatory Docket No. FAA
-2015-8448

DENIAL OF EXEMPTION B y letter dated October 29 , 2015 , 1 

### Mr. Jeremy Salo , 26652 Wilton Court, New Hudson, MI 48165 petitioned the Federal Aviation Administration (FAA) for an exemption from part 21 , Subpart H; § § 45

.23 , 61.113(a) and (b) , 91.7(a) , 91.9(b)(2), 91.103(b)(2) , 91.109, 91.119(c) , 91.121 , 91.151 , 91.203(a) and (b) , 91.405(a) , 91.407(a)(l) , 91.409(a)(1)(2) , 91.417(a) and (b) of Title 14 , Code of Federal Regulations. The petitioner requested to operate DJI Phantom 2 for the purpose of capturing photography and video for commercial purposes. The petitioner additionally requested to be granted allowance for operations outside the United States for the above reasons. The petitioner supports its request with the following information : The original petition for exemption describing the proposed operation and the regulations from which the petitioner seeks exemption is posted to the docket. To view the petition, visit http: //www .regulations.gov, enter the regulatory docket number found on the first page ofthis document into the search box and click " Search," then click on the " Open Docket Folder" link next to a result associated with the docket number. The petitioner requested authorization to conduct photography and videography operations within the United States. The petitioner also requested to operate a UAS outside the United States

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### The FAA sent Mr

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### Salo a Request for Information (RFI) on August 2 , 2016. The RFI noted the petitioner ' s request to conduct operations outside ofthe United States. The FAA requested confirmation of intent to pursue operations outside ofthe United States as a comment to the docket at www.regulations. gov . On August 10, 2016 the petitioner posted confirmation of his request to operate outside ofthe United States.2



### The FAA's analysis is as follows: Article 8 ofthe Convention on International Civil Aviation specifies no unmanned aircraft
'' shall be flown without a pilot over the territory of a contracting State without special authorization by that State and in accordance with the terms of such authorization. '' Article 8 also calls on States to undertake '' to insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil aircraft.' ' The FAA has considered fully the petitioner's information and determined:
1. Per the FAA August 8 , 2016 , notice to Section 333 ofthe FAA Modernization and Reform Act of 2012, the petitioner is authorized to operate as requested within the United States under the provisions of 14 CFR, part 107: Operation and Certification of Small Unmanned Aircraft Systems without further relief (Tier 1 ). 2. The FAA cannot authorize operations in another country' s sovereign, lower-level airspace. Therefore , the petitioner's request for relief is denied. To conduct operations outside the United States, the petitioner must review specific statutes , regulations , and guidance for clarification for operations in another country ' s airspace and follow the processes necessary to gain the required special authorization from the relevant foreign civil aviation authority

. Refer to the International Civil Aviation Organization Depository Library http: //www .icao.int/ publications/Pages/depository -libraries.aspx for a list of contact information for foreign aviation authorities. Additionally, U.S

. international trade obligations , including the North American Free Trade Agreement, cover certain kinds of operations known as specialty air services. Specialt y air services are generally defined as any specialized commercial operation using an aircraft whose primary purpose is not the transportation of goods or passengers. The petitioner should consult such agreements prior to approaching foreign civil aviation authorities

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### The FAA's decision:
In consideration ofthe foregoing , I find that a grant of exemption is not 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, the petition ofJeremy Salois hereby denied. The petitioner is expected to conduct operations within the United States in accordance with the operating documents, conditions and limitations specified in 14 CFR, part 107: Operation and Certification of Small Unmanned Aircraft Sy stems. Issued in Washington, DC on 

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John S. Duncan Director, Flight Standards Service