Jennifer E. Trock 

Jennifer.trock@pillsburylaw.com 

 

4828-2605-0858.v4 

November 20, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation 

Regulations 

Dear Sir or Madam: 

On behalf of The Cambay Group, Inc. (“Cambay Group”), pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (the “Reform Act”) (“Section 333”), Subsection (f) of 49 

U.S.C. § 44701, and 14 C.F.R. Part 11, we request an exemption from the Federal Aviation 

Administration regulations listed below and discussed in Appendix A to allow Cambay Group to 

conduct commercial operations with the DJI Phantom 3 Professional (“Phantom”)1 small 

unmanned aircraft system (“sUAS”) for aerial photography in connection with residential and 

commercial real-estate construction and developments of Cambay Group or its subsidiaries.2 

Conducting the requested sUAS operations — real-estate construction inspections, marketing 

material production, and research and development — can be done safely in the National Airspace 

System (“NAS”) and is in the public interest for several reasons, which are detailed further herein 

and include: (1) reducing the risks associated with performing real-estate construction inspections 

and marketing photography with persons on elevated surfaces (i.e., rooftops) or manned aircraft, 

(2) offering homebuyers timely updates on construction and unique perspectives of real-estate 

developments, and (3) improving the efficiency of Cambay Group’s business operations, including 

a more environmentally friendly and cost effective alternative to manned aircraft. 

 

1

 The DJI Phantom 3 already has been approved for commercial use in similar contexts. See e.g., Exemption Nos. 

13506, 13507, 13509, and 13517. 

2

 The FAA has granted similar exemptions. See e.g., Exemption Nos. 13509, 13513, and 13518. 

Pillsbury Winthrop Shaw Pittman LLP 

1200 Seventeenth Street, NW | Washington, DC 20036 | tel 202.663.8000 | fax 202.663.8007 
November 20, 2015 

Page 2 

 

4828-2605-0858.v4 

Applicant Information: 

The name of the applicant: The Cambay Group, Inc.

The primary contact for this application, with a copy to me at the address above and Cambay 

Group at the address below, is: 

Susan Dell’Osso, Project Director 

The Cambay Group, Inc. 

73 West Stewart Road 

Lathrop, CA 95330 

Exemptions Requested 

Cambay Group requests exemptions from the following regulations: 

14 C.F.R. 61.23(a) and (c); 

14 C.F.R. 61.101(e)(4) and (5); 

14 C.F.R. 61.113(a); 

14 C.F.R. 61.315(a); 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.119(c); 

14 C.F.R. 91.121; 

14 C.F.R. 91.151(a)(1); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(1) and (2); and 

14 C.F.R. 91.417(a) and (b). 

Airworthiness of the sUAS 

The Phantom is a quadcopter with a gimbal-mounted camera manufactured by DJI, a market leader 

in sUAS. The Phantom has been authorized to conduct commercial operations, including realestate construction inspections and marketing photography, under several Section 333 exemptions.3

Technical specifications for the Phantom are summarized in the table below. 

 

3 See e.g., Exemption Nos. 13506, 13509, 13518, and 13438. 
November 20, 2015 

Page 3 

 

4828-2605-0858.v4 

DJI Phantom 3 

Diagonal Size (including 

propellers) 

590 mm (23.23 inches) 

Total Weight 1280 g (2.82 lbs) 

Max Ascent Speed 5 m/s (9.72 knots) 

Max Descent Speed 3 m/s (5.83 knots) 

Max Flight Speed 16 m/s (31.10 knots) 

Controller Range 5 km (3.1 miles) 

Hover Accuracy: 

Vertical / Horizontal 

0.5 m / 1.5 m 

Controller Frequency 

(Main Channel) 

2.400 GHz – 2.483 GHz 

Communications 

(Second Channel) 

2.4 GHz ISM 

DJI provides, and attached in Appendix C, a suite of user manuals and guidelines for the 

Phantom (“Phantom Documents”).4 PICs will be required to comply with all maintenance and 

inspection procedures outlined in the Phantom Documents. 

Operating Conditions 

Cambay Group requests an exemption subject to the conditions listed in Appendix B, which are 

similar to the operating conditions required for the FAA’s previous grants of exemptions under 

Section 333.5

 

In accordance with the conditions approved in previous exemption grants, Cambay Group is 

requesting authority to operate the Phantom within visual line of sight and below 400 feet AGL, 

except as provided by FAA Air Traffic Control via COA. These operating conditions, along 

with those listed in Appendix B, and the sUAS safety features listed below provide an equivalent 

level of safety. 

 

4

 The Phantom Documents are available at http://www.dji.com/product/phantom-3/download. 

5

 If, and when, the FAA finds such conditions unnecessary for operations conducted pursuant to Section 333 

exemptions, River Islands reserves the right to amend its operating conditions and request exemptions from the 

relevant regulations to operate without such conditions. 
November 20, 2015 

Page 4 

 

4828-2605-0858.v4 

The following safety features are incorporated into the Phantom to ensure public safety and safe 

integration into the NAS: 

• Stability Control with Auto-Takeoff and Auto-Land: The automated flight-control system 

can take off and land automatically, and the system autocorrects the aircraft’s position to 

adjust for environment disturbances such as wind. 

• Intelligent Flight Mode and Inertial Measurement Unit (IMU): The Intelligent Flight 

Mode allows the operator to set different modes to ensure a controlled flight paths, 

including Course Lock (locking the current nose direction as the aircraft’s forward 

direction), Home Lock (returning the aircraft to its recorded home point when pulling the 

pitch stick backward), Waypoints (following a recorded flight path), Point of Interest 

(orbiting around a pre-determined subject), and Follow Me (a virtual tether). The built-in 

inertial sensor and barometric altimeter measures orientation and altitude, respectively, 

and communicates this data back to the controller. 

• Live Map with Failsafe & Battery Warnings: The controller displays a live map to show 

the aircraft’s recent flight path, heading, bearing and distance from “home” (a 

predetermined start location within the boundaries of the privately owned property) for 

complete situation awareness. It also illustrates battery status and low-battery warnings to 

alert the PIC and ensure that the aircraft does not power down unexpectedly during use. 

• LED Flight Indicators: LED lights are mounted to the four rotor arms to visually indicate 

aircraft orientation (attitude) and status of the flight control system, alerting the PIC of 

possible issues. 

• Maximum Height and Radius Limits: Before beginning flight, the PIC may set a 

maximum altitude and distance that prevent the sUAS from exceeding altitude limits and 

distance from “home.” 

• Flight-limited Safety Zones: The sUAS flight software comes loaded with a list of 

restricted areas, including no-fly zones for sensitive national security areas such as the 

White House. Each restricted area is comprised of a no-fly zone in which the sUAS 

cannot be operated and a warning zone surrounding the no-fly zone in which the PIC is 

alerted to the sUAS’ proximity to a restricted area. Additional details regarding the 

safety zones can be found in the Phantom User Manual, attached as Appendix C. 

• Loss of link. The built-in GPS system that aids in stability control will automatically return 

the sUAS to “home” if communication between the controller and aircraft is lost. The 

system has three Return-to-Home (“RTH”) functions – Smart RTH, Low Battery RTH, and 

Failsafe RTH, bringing the sUAS back to the last recorded home point. Smart RTH is 
November 20, 2015 

Page 5 

 

4828-2605-0858.v4 

commanded by the operator. The Low Battery RTH is triggered when the battery system is 

depleted to a point that may affect the safe return of the aircraft. The Failsafe RTH is 

triggered when the remote signal is lost for more than 3 seconds. Additional details 

regarding the RTH functions can be found in the Phantom manual, attached as Appendix C. 

• Loss of GPS. If a loss of GPS occurs, the PIC maintains positive control of the aircraft 

and can either land the sUAS, hover in place until GPS is reacquired, or continue the 

flight. Using the sensors built into the Phantom’s Vision Positioning System, 

automatically activated where GPS is unavailable, the Phantom 3 can hover precisely. 

Additionally, the sUAS has the ability to abort a flight in the event of unpredicted 

obstacles or emergencies. 

Operator Requirements 

As a condition to the grant of the exemptions, Cambay Group will require that the PIC hold 

either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC 

will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by 

a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC will 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. 

At the conclusion of PIC training, the PIC must demonstrate the ability to safely operate the 

sUAS in a manner consistent with how the sUAS will be operated under the requested 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles, and structures. Training flights will be logged for each PIC in 

training in a manner consistent with 14 CFR § 61.51(b). 

Cambay Group respectfully submits that the operator qualifications take into account the 

operating conditions and characteristics of the sUAS. 

Public Interest 

Cambay Group respectfully submits that using sUAS to inspect construction sites and 

photograph real-estate in lieu of using construction inspectors on rooftops or other elevated 

positions or manned aircraft offers a net safety benefit and will achieve an enhanced level of 

safety, as mandated under Section 333(c) of the Reform Act. Approval of this application also 

will benefit the public interest by providing faster and more cost-efficient real-estate construction 

inspections and marketing. 

Inspection and photography operations over residential real-estate developments with 

conventional manned aircraft involve very heavy aircraft, transiting to the operational location, 
November 20, 2015 

Page 6 

 

4828-2605-0858.v4 

carrying significant quantities of combustible fuels, and a multi-person crew in piloting and 

observation roles. By contrast, the sUAS weighs less than three pounds, uses a battery for 

power, is carried to and from the area of activity, removes the need for airborne pilots and 

observers, and poses less risk to people and infrastructure on the ground, as well as other aircraft. 

Additionally, no national security issue is raised by the grant of the requested exemption due to 

the sUAS’ small size and load-carrying capacity, as well as its operational limitations and lack of 

flammable fuel. All PICs will have been screened by the Department of Homeland Security. 

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 and 49 U.S.C. § 44701(f),6

 the equivalent and enhanced level of safety of the 

proposed operations, and the significant public benefit, and cost savings to be realized as a result 

of the use of sUAS for aerial inspections. Accordingly, the applicant respectfully requests that 

the FAA grant the requested exemption without delay. 

Privacy Concerns 

The proposed operations will take place only over private or controlled-access property and only 

after obtaining written or verbal consent from the individual who owns or controls the property 

or is the property owner’s authorized representative before each flight. No privacy issues are 

raised by this application. 

Federal Register Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the 

Federal Register, should the FAA determine that publication is needed: 

Docket No.: No. FAA-2015-____ 

Petitioner: The Cambay Group, Inc. 

Section of 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), § 91.405(a), § 91.407(a)(1), § 91.409(a)(1) 

and (2), and §91.417(a) and (b). 

Description of Relief Sought: Cambay Group seeks an exemption to conduct residential 

and commercial real-estate inspections and marketing operations using a small unmanned 

aircraft (55 pounds or less). 

 

6 Pursuant to 49 U.S.C. § 44701(f), the “Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the Administrator 

finds the exemption is in the public interest.”
November 20, 2015 

Page 7 

 

4828-2605-0858.v4 

Sincerely, 

Jennifer E. Trock 

cc: Lisa Freilicher, The Cambay Group, Inc. 

 
November 20, 2015 

Page 8 

 

4828-2605-0858.v4 

APPENDIX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Cambay Group requests an exemption from the following regulations as well as any additional 

regulations that the FAA deems necessary to the operation of the DJI Phantom 3 Professional 

sUAS: 

14 C.F.R. § 61.23 (a) & (c)

Section 61.23(a) requires a person exercising the privileges of a transport pilot certificate to hold 

a first-class medical certificate, the privileges of a commercial pilot certificate to hold a secondclass medical certificate, and the privileges of a private or recreational pilot certificate to hold a 

third-class medical certificate. Section 61.23(c) requires a person to hold a medical certificate or 

U.S. driver’s license when exercising the privileges of a sport pilot certificate in a light-sport 

aircraft other than a glider or balloon. 

The operations proposed herein will provide an equivalent level of safety by complying with the 

conditions and limitations of this exemption. The FAA has found that these conditions and 

limitations provide an equivalent level of safety in numerous previous exemptions, including but 

not limited to Exemptions 13506, 13507, 13509, and 13517. 

14 C.F.R. § 61.101 (e)(4) & (5): Recreation Pilot Privilege and Limitations; 14 C.F.R. 

§ 61.315(a): What are the privileges and limits of my sport pilot certificate

Section 61.101(e)(4) prohibits a recreational pilot from acting as pilot in command of an aircraft 

for compensation or hire. Section 61.101(e)(5) prohibits a recreational pilot from acting as pilot 

in command of an aircraft in furtherance of a business. Section 61.315(a) authorizes persons 

holding a sport pilot certificate to act as pilot in command of a light-sport aircraft. 

As with previous Section 333 exemptions,7

 an equivalent level of safety is established because 

(1) the aeronautical knowledge requirements that would be applicable to UAS operations for a 

recreational pilot and sport pilot certificate were substantially similar as those for a private pilot 

certificate; (2) holders of recreational and sport pilot certificates are subject to security screening 

 

7 See, e.g., Exemption Nos. 13506, 13507, 13509, and 13517. 
November 20, 2015 

Page 9 

 

4828-2605-0858.v4 

by the Department of Homeland Security; and (3) risk was mitigated through conditions and 

limitations regarding PIC training. 

14 C.F.R. §§ 61.113(a): Private Pilot Privileges 

Sections 61.113(a) limits private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the UAS are remotely controlled with no 

passengers or property of others on board. The area of operation is controlled and restricted, and 

all flights are planned and coordinated in advance as set forth in the Phantom Documents. In 

conjunction with the PIC’s required training, the level of safety provided by the procedures 

included in the Phantom Documents meets or exceeds that level of safety provided by a single 

individual holding a commercial pilot certificate operating a conventional aircraft. The proposed 

operations will achieve at least an equivalent level of safety. 

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Section 91.7(a) prohibits an individual from operating a civil aircraft unless it is in an airworthy 

condition. No FAA standard exists for determining an aircraft’s airworthiness when an 

airworthiness certificate is not issued. As the FAA has done with previous exemption grants,8

airworthiness will be ensured and an equivalent level of safety will be achieved by use of the 

procedures in the Phantom Documents prior to every flight. 

14 C.F.R. § 91.119(c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section 

91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, the 

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

Because the aerial photography and videography work must be accomplished at altitudes less 

than 500 feet AGL an exemption is required. 

The equivalent level of safety will be achieved given the sUAS’ size, weight, speed, and 

proposed operating conditions. sUAS operations will be conducted over private or controlledaccess property with consent granted by the property owner/controller or authorized 

representative prior to each operation. 

 

8

 Exemption Nos. 11156, 11158, 11159. 
November 20, 2015 

Page 10 

 

4828-2605-0858.v4 

14 C.F.R. § 91.121: Altimeter Setting 

Section 91.121 requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” The Phantom’s Inertial Measurement Units has a 

barometric altimeters, but it cannot be set to the elevation of the departure location. Rather, upon 

initialization, the sUAS calibrate their positions without user input and transmit a single altitude 

measurement to the ground station. Thus, an exemption is required. An equivalent level of 

safety will be achieved by the operator, pursuant to the Phantom Documents’ procedures, 

confirming the altitude of the launch site shown on the altitude indicator before flight. 

14 C.F.R. § 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning “a flight in an airplane 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 – (1) During the day, 

to fly after that for at least 30 minutes.” 

The Phantom’s batteries provide approximately 23 minutes of powered flight. Without an 

exemption from 14 C.F.R. § 91.151, the sUAS flights would not be allowed. Given the 

limitations on its proposed operations, allowing the sUAS to operate without the required reserve 

fuel is reasonable and is consistent with prior exemptions.9

 An equivalent level of safety will be 

achieved because operating the sUAS without 30 minutes of reserve fuel does not engender the 

type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the 

sUAS operate. In the unlikely event that a sUAS should run out of battery power, it would 

simply land. Given the sUAS’s weight and construction material, the risks are less than 

contemplated by the current regulation. Cambay Group will require the UAS to return home and 

land when the battery has 5 remaining minutes of flight. 

14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) & (b): Maintenance 

Inspections 

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

 

9

 Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)); see also

Exemptions 2689F, 5745, 10673 and 10808. 
November 20, 2015 

Page 11 

 

4828-2605-0858.v4 

chapter.” Section 91.407 similarly makes reference to requirements in Part 43. Section 

91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance 

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and 

records of approval of the aircraft for return to service. 

An equivalent level of safety will be achieved by complying with the Phantom Documents’ 

maintenance and inspection procedures because the sUAS will carry no external payload, will 

operate only in restricted predetermined areas. In addition, the PIC will ensure that the sUAS is 

in working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance that is performed. Moreover, the PIC is the person most familiar with the aircraft 

and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent 

level of safety. 
November 20, 2015 

Page 12 

4828-2605-0858.v4 

APPENDIX B 

CAMBAY GROUP OPERATING LIMITATIONS 

1) Operations authorized by this grant of exemption are limited to the DJI Phantom 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 

permitted. 

3) The Phantom shall not be flown at a speed exceeding 87 knots (100 miles per hour). 

Cambay Group may either use 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 sUAS will not be operated at an altitude more than 400 feet above ground level 

(“AGL”). Altitudes reported to ATC shall be in feet AGL. 

5) The sUAS 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 use a visual observer (“VO”). The UA must be operated within 

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 
November 20, 2015 

Page 13 

4828-2605-0858.v4 

operator’s responsibility to track such revisions and present updated and revised 

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) Cambay Group is responsible for maintaining and inspecting the UAS to ensure that it 

is in a condition for safe operation. 

9) 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. 

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) Cambay Group must follow DJI’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

12) The sUAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

13) The 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) Cambay Group shall 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 
November 20, 2015 

Page 14 

4828-2605-0858.v4 

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 

(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) Operations may not be conducted during night, as defined in 14 C.F.R. § 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 sUAS 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 sUAS loses communications or loses its GPS signal, the sUAS 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 5 minutes or with the reserve 

power recommended by the manufacturer if greater. 

21) 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 the requested exemption must be identified by 

serial number, registered in accordance with 14 C.F.R. Part 47, and have identification 
November 20, 2015 

Page 15 

4828-2605-0858.v4 

(N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings 

shall be as large as practicable. 

23) The documents required under 14 C.F.R. §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the sUAS any time the aircraft is operating. 

These documents shall be made available to the Administrator or any law enforcement 

official upon request. 

24) The sUAS must remain clear and yield the right of way to all other manned operations 

and activities at all times. 

25) The sUAS may not be operated from any moving device or vehicle. 

26) Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, structures, and public access roads unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the sUAS 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 sUAS, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons; and/or 

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. 

27) All operations must be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from the property owner/controller or authorized representative will be 

obtained for each flight 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 shall 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. 
 

4828-2605-0858.v4 

APPENDIX C

DJI Phantom Documents