September 4, 2015

Exemption No. 12770

Regulatory Docket No. FAA−2015−2558

Mr. Jordan Senecal

2960 Ashton Pointe Circle

Dacula, GA 30019

Dear Mr. Senecal:

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 June 15, 2015, you petitioned the Federal Aviation Administration (FAA) for 

an exemption. You requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography and videography.

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 are the DJI Phantom 3 and DJI Inspire 1.

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 relief from 14 CFR part 21, Certification procedures for products and parts, 
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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 collection1. 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, Mr. Jordan Senecal 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 is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Jordan Senecal 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 (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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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 Phantom 3 and 

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 
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documents to the Administrator or any law enforcement official upon request. The 

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 
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14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(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 

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 the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined 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 

(N−Number) 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 September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
U.S. Department of Transportation

Federal Aviation Administration

Washington, DC

June 15, 2015

Petitioner

Jordan Senecal

2960 Ashton Pointe Circle

Dacula, GA 30019

770­365­4949

jordansenecal@me.com

Jordan Senecal will be providing clients with high quality imaging for a variety of

commercial, public, and residential uses. He is a current licensed private pilot

with hours of flying experience and is seeking an exemption from these specific

requirements of Title 14 C.F.R.:

I. 61.113(a) and (b)

II. 91.119(b) and (c)

III. 91.121

IV. 91.151(a)

V. 91.405(a)

VI. 91.407(a)(1)

VII. 91.409(a)(1) and (2)

VIII. 91.417(a) and (b)
Definitions

I. AGL Above Ground Level

II. ATC Air Traffic Control

III. COA Certificate of Authorization

IV. FAA Federal Aviation Administration

V. FAR Federal Aviation Regulation

VI. GPS Global Positioning System

VII. NAS National Airspace System

VIII. PIC Pilot in Command

IX. UA Unmanned Aircraft

X. sUAS Small Unmanned Aerial System

XI. VFR Visual Flight Rules

XII. VLOS Visual Line of Site

Summary

In the instance of granting exemption, Jordan Senecal will be operating the sUAS in

order to fulfill contracted obligations, such as: aerial photography and videography for

real estate agents, appraisers, property managers, general contractors; solar panel

installation technicians; agriculturists; utility inspections (only where safe flight is

attainable); chambers of commerce and associated businesses; wildlife conservation

organizations; public departments; all other institution requiring filmography (safe flight

permitting)
Aircraft

I. DJI Phantom 3

A. Weight (Including Battery and Propellers) 2.82 lbs

B. Diagonal Size (Including Propellers) 23.23 in

C. Max Ascent Speed 11.2 mph

D. Max Descent Speed 6.7 mph

E. Max Flight Time ~ 23 minutes

F. Remote Controller Operating Frequency 2.400 GHz ­ 2.483 GHz

G. Auto­Takeoff Rises to a pre­set height and

will hover in place until directed

where to go

H. Auto­Return Home Remembers the exact spot it

took off from to enable a tap of a

button to return back home

I. Low Battery Failsafe If the flight battery is run running

low or the Phantom 3 loses

connection with the remote it will

automatically return back home
II. DJI Inspire 1

A. Weight (Including Battery and Propellers) 6.47 lbs

B. Diagonal Size (Including Propellers) 22.87 in

C. Max Ascent Speed 11.2 mph

D. Max Descent Speed 9 mph

E. Max Flight Time ~ 18 minutes

F. Remote Controller Operating Frequency 2.400 GHz ­ 2.483 GHz

5.725 GHz ­ 5.825 GHz

G. Auto­Takeoff Rises to a pre­set height and

will hover in place until directed

where to go

H. Auto­Return Home Remembers the exact spot it

took off from to enable a tap of a

button to return back home

I. Low Battery Failsafe If the flight battery is run running

low or the Inspire 1 loses

connection with the remote it will

automatically return back home

Specific Sections of C.F.R From Which Jordan Senecal Seeks

Exemption

I. Section 61.113(a) and (b) ­ Private Pilot Privileges and Limitations

Section 61.113 states that no person who holds a private pilot certificate may act as

pilot in command of an aircraft that is carrying passengers or property for compensation

or hire; nor may that person, for compensation or hire, act as pilot in command of an

aircraft. The sUAS will not carry a pilot or passengers. Then the stated operations can

achieve the equivalent level of safety by requiring the PIC operating the aircraft to have

completed FAA Private Pilot Ground school instruction and passed the FAA Private

Pilot written exam to operate these sUAS. These sUAS are not capable of carrying a

pilot or passengers, therefore distinguishing them as remotely controlled vehicles. The
area of operation is controlled and restricted providing a sound level of safety

referenced from the operations manual. The risk associated with the operation of a UAS

are greatly reduced with a private pilot acting as PIC thus exceeding the present level of

safety achieved by section 61.113.

II. Section 91.119 ­ Minimum Safe Altitudes

Section 91.119 states persons may operate a helicopter at less than the minimums

prescribed in paragraph (b) or (c) of this section, provided each person operating the

helicopter complies with any routes or altitudes specifically prescribed for helicopters by

the FAA. The sUAS meets this criteria as a helicopter and requests the ability to operate

at altitudes up to 400’ AGL. Only in accordance with pre­obtained consent will the sUAS

operate while also maintaining an altitude less than 400’ AGL. For comparison with

traditional aircraft and rotorcraft the sUAS weighs less than 10lbs, while also preventing

potential risks associated with flammable fuel. Lastly the 400’ AGL ceiling limits any

ability for the sUAS to interfere with conventional aircraft operating at or above 500’

AGL.

III. Section 91.121 ­ Altimeter Settings

Section 91.121 states each person operating an aircraft shall maintain the cruising

altitude or flight level of that aircraft, as the case may be, by reference to an altimeter

that is set, when operating below 18,000 feet MSL, to the current reported altimeter

setting of a station along the route and within 100 nautical miles of the aircraft. In the

case of an aircraft not equipped with a radio, the elevation of the departure airport or an

appropriate altimeter setting available before departure. The sUAS will reference its

altitude based on GPS and will be restricted to a 400’ AGL ceiling. The PIC will also

verify GPS elevation from multiple ground based sources prior to takeoff.

IV. Section 91.151 ­ Fuel Requirements for Flight in VFR conditions

Section 91.151 states no person may begin a flight in a rotorcraft under VFR conditions

unless (considering wind and forecast weather conditions) there is enough fuel to fly to

the first point of intended landing and, assuming normal cruising speed, to fly after that

for at least 20 minutes. The sUAS battery powered operational flight time is not able to

incorporate a 20 minute reserve window following successful first point of intended

landing due to current battery capacity limitations. In order to provide adequate reserve

power for return landing the sUAS will abide by a 12 minute flight time or 25% of

remaining battery power, whichever happens first.
V. Section 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b)

These sections only apply to aircraft with an airworthiness certificate, Jordan Senecal

requests exemption from these sections because the DJI Phantom 3 and Inspire 1 do

not require airworthiness certificates. Both sUAS are in accordance with FMRA Section

333 for operation, absent an airworthiness certificate. In order to insure proper

maintenance the operations manual will be cited for necessary corrective measures. In

addition, the PIC is the person most familiar with the aircraft and best suited to maintain

the aircraft in an airworthy condition, and any sUAS conducted maintenance will be

documented for the life of the aircrafts.

Public Interest

● Real estate agents will be able to set their listings apart with a unique perspective

only available from sUAS photographic equipment, therefore increasing the

prospect of meeting or exceeding the asking price.

● Property managers and contractors will have the ability to survey their property

for anomalies while preventing human endangerment due to hazardous

conditions.

● Solar panel technicians can safely inspect potential installation locations without

putting themselves in high elevation and sloping circumstances.

● Agriculturists will have the ability to survey their land in a more timely manner

and better document the condition of their property.

● Marketing firms and other businesses would use unique aerial photography and

panographic video to promote marketing campaigns and increase revenue.

● Search and rescue entities could utilize the sUAS to help quickly aid in finding

the location of person(s) while providing a better vantage point in closer quarters.

Public Safety

● Both sUAS will reduce air and noise pollution do to the aircraft being powered by

a battery and brushless electric motors.

● These small aircraft create less potential for harm, should an emergency

situation occur, thanks to their size and weight.

● Furthermore the lack of combustible fuel also significantly decreases their

chances of producing harm.
Conclusion

Based on the criteria provided under the FMRA Section 333, Jordan Senecal requests

that the FAA grants him exemption from 14 C.F.R Sections 61.113(a) & (b), 91.119(b)

and (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b) in order to conduct contracted commercial sUAS operations using the DJI

Phantom 3 and Inspire 1 for a wide range of industries and applications.

Kind Regards,

Jordan Senecal