August 31, 2015

Exemption No. 12676 Regulatory Docket No. FAA

− 20 15

− 2484

Mr. Kevin G. Kinsey
7245 Third Avenue Sykesville

, MD 21784

Dear Mr. Kinsey :

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 dated May 27, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption

. You requested to operate an unmanned ai rcraft system (UAS) to enhance academic community aw areness and augment real estate listing videos for local real estate videographers/photographers, real estate agents and home inspection services

.

See Appendix A for the petition submitted to the FAA des cribing 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 3

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart 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 operat ion, the Secretary of Transportation has determined that this aircraft2

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from
14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness
Ce rtificates , 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 1

. 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 pe titioner 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 granti ng 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, Mr. Kevin G. Kinsey is granted an ex emption 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 is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Kevin G. Kinsey is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by
instruments aboard the UA.3

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 Phanto m 3 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 p ermitted.

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 operat ed 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 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 revised4

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, then 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 maintaining approp riate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficie ncy, 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
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 flight rules (S VFR) 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 symbo 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 avail able 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 c ommunications 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 prohibited from beginn ing 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 manufacture r 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 operation s 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 (N− Number) markings in accor dance 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 t he 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 nonpartici pating 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 r emain 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 control led

- access property with permission from the property owner/controller or aut horized 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 opera tional 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
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 mot ion 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 this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea 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 phon e 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 th e 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 t o 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 91.8

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,
/ s/
John S. Duncan Director, Flight Standards Service

EnclosuresMay 27, 2015

Management System U. S. Department of Transportation Docket Operations
West Building Ground Floor Room W12-140
1200 New Jersey Ave., Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of
the Federal Aviation Regulations

Dear Sir or Madam:

I, Kevin G Kinsey located at 7245 Third Ave. Sykesville, MD 21784, plan to operate a UAS, the DJI PHANTOM 3 Professional, which is comprised of an unmanned aircraft, 4K High definition camera, 3 axis gimbals mount and a transportable ground station. The
PHANTOM is referred to as a quad-copter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by electric motors powered by
batteries. The UA has a maximum airspeed of 31.1 knots. I plan to use my UAS in the
mid-Atlantic states to enhance academic community awareness and augment real

estate listing videos for local real estate videographers/photographers, real estate agents and home inspection services

.

I will abide by the following operational enhancements to ensure this exemption will provide a level of safety at least equal to existing rules: I will only operate in reasonably safe environments that are strictly controlled, are away from power lines,
elevated lights, airports and actively populated areas; and I will conduct extensive preflight inspections and protocols, during which safety carries primary importance given the size, weight, speed, and limited operating area associated with the aircraft

to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and§ 91.203 (a) and (b) (Certifications required), 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).

I request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Since
two-inch lettering is difficult to place on such a small aircraft with dimensions smaller
than the minimal lettering requirement I will mark the UAS in the largest possible lettering by placing the word "Experimental" on its fuselage as required by§ 45.29(f)

so that I or anyone assisting me as a spotter will see the markings.

I request an exemption from §§ 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 I will perform a preflight inspection of the UAS before each flight as outlined in the UAS operation manuals and user guides.UAS Pilot in Command (PIC)

As a holder of a private pilot certificate for 15 years (Airplane single engine land),
with approximately 1000 hours flying time logged, I can achieve an equivalent level of safety as achieved by current regulations because the UAS does not carry any pilots or

passengers. Furthermore, the risks of operating a UAS are far less than the risk levels
inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus I
request an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in
command.

Regarding UAS operational training, I have flown numerous practice flights in remote

areas as a hobbyist simulating flights for future commercial use to gain familiarization
with the characteristics of the UAS' performance in many different temperature and
weather situations. I have completed all flights with no incidences or accidents. I also
understand the aerodynamic characteristics of multi rotor aircraft to better
understand the safe use of the UAS.

For the safety purposes I will abide by the following additional operating conditions:

• operate the UAS below 200 feet and in direct line of sight with visual observation

• operate the UAS for 3·12 minutes per flight

• land the UAS prior to the manufacturer's recommended minimum level of battery

power

• operate the UAS only within visual line of sight (VLOS)

• use the UAS' global positioning system (GPS) flight safety feature whereby it hovers

and then slowly lands if communication with the remote control pilot is lost

• conduct all operations under my own personal and flight safety protocols contained

in the operating documents and will actively analyze flight data and other sources of
information to constantly update and enhance my safety protocols

• Will NOT operate within 5 miles of airports without written authorization from the airport manager

• Always obtain all necessary permissions prior to operation

• Have procedures in place to abort flights in the event of safety breaches or potential danger

§ 91. 7(a) prohibits the operation of an aircraft without an airworthiness certificate.

Since there is currently no certificate applicable to his 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 this aircraft and given its size, this regulation is inapplicable.
A level of safety will be achieved by maintaining a safety/flight manual with the UAS ground station at all times while operating.

§ 91.119 prescribe safe altitudes for the operation of civil aircraft, but that it allows helicopters to be operated at lower altitudes in certain conditions. I will not operate the UAS above the altitude of 200 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 his UAS, an equivalent or higher level of safety will be achieved.

§ 91.121 Altimeter settings is inapplicable since the UAS utilizes electronic GPS measuring displaying in AGL.
I will always operate with a spotter, hereafter referred to as a visual observer (YO). I
will brief the YO on conditions and limitations that the YO can perform the functions prescribed in the operating documents. The UA will never be operated beyond the
actual visual capabilities of the YO, and the YO and PIC must have the ability to maintain visual line of sight (YLOS) with the UA at all times. It is the responsibility of
the PIC to be aware of the YO's visual limitations and limit operations of the UA to distances within the visual capabilities of both the PIC and YO. Moreover, the YO will

not be operating the aircraft. Additionally all persons not essential to flight operations (nonparticipating persons) will remain at appropriate distances or indoors during flights. If at any time the safety of persons is in question the flight will be
terminated until such time the area of operation is made safe.

Aerial videography for geographical awareness 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 people to provide this service at a much lower cost. Further, the small
UAS will pose no threat to the public given its small size and lack of combustible fuel
when compared to larger manned aircraft. Also the operation of the UAS will minimize ecological damage and promote economic growth by providing information

to companies looking to relocate or build in the Mid-Atlantic region. Upon approval of

my request I will be able to create employment opportunities.

Thank you for your consideration. I look forward to your response.
Regards,

Kevin G. Kinsey