May 21, 2015

Exemption No. 11643

Regulatory Docket No. FAA–2015–0606

Mr. Dennis M. Fisher 

President

Rapid Mortgage Company

272 West Central Avenue

Springboro, OH 45066

Dear Mr. Fisher:

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 March 2, 2015, you petitioned the Federal Aviation Administration (FAA) for 

an exemption. The exemption would allow the petitioner to operate an unmanned aircraft 

system (UAS) to conduct aerial photography, videography, and cinematography to enhance 

community awareness and to augment real estate videos.

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. However, the FAA 

received one comment in support of the petition made to the docket.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+.
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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, 

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 collection. 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. Dennis M. Fisher 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. Dennis M. Fisher 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 Phantom 2 

Vision+ 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 

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 5 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 May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
 

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

March 2, 2015

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

RE: Petition For Exemption Request Section 333 of the FAA Reform Act of the Federal 

Aviation Regulations from 14 C.F.R. Part 91.7(a); 91.119; 91.121; 91.151(a); 

91.405(a); 91.407(a)(1); 91.409(a)(1)&(2); 91.417(a)&(b)

To whom it concerns,

I, Dennis M. Fisher, President of Rapid Mortgage Company, am writing pursuant to the 

FAA Modernization and Reform Act of 2012 and the procedures contained within 14 

C.F.R. 11, to request that I, Dennis M. Fisher, an FAA licensed Commercial Pilot with 

ASEL, AMEL, Instrument Airplane and Glider ratings and Flight Instructor ratings in ASEL, 

Instrument Airplane and Gliders and operator of small unmanned aircraft such as the 

Phantom 2 Vision +, be exempted from the Federal Aviation Regulations (“FARs”) listed 

below so that I, Dennis M. Fisher on behalf of my company Rapid Mortgage Company, 

may operate ultra-lightweight unmanned aircraft systems (“UAS”) commercially in 

airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein I, Dennis M. Fisher, am a licensed, HUD approved mortgage lender

based in the State of Ohio; experienced in flying fixed wing aircraft and gliders for 

commercial and recreational purposes. I intend to use a Phantom 2 Vision + with a High 

Definition still and video camera for aerial photography/videography/cinematography to 

enhance community awareness for those individuals and companies unfamiliar with or 

desiring a unique perspective of the geography of the community; and augmentation of

real estate listing photos and videos following exemption and approval by the FAA, 

thereby enhancing their research for the area being reviewed.

I have flown various aircraft for over 27 years – all without incident. Additionally, while 

not rated in helicopters, I have flown helicopters and understand the concepts of rotary 

flight. Every flight I make is approached with safety in mind. I refuse to compromise 

my personal minimums in aircraft, and these UAS flights are no different.

My exemption request would permit operation of ultra-lightweight, unmanned (piloted by 

remote control) UAS(s) in a tightly controlled environment for preplanned flights in areas 

away from the general public, airports, heliports and vehicular traffic for community 

videos and within property boundaries for real estate listing videos/photos. 

I, Dennis M. Fisher, have developed the appropriate safety protocols and controls to 

prevent hazards to the public as well as manned aircraft. If deemed appropriate, use of 

these safety protocols is encouraged to further the safe utilization of ultra-lightweight 
 

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

UAS's specific to real estate video and photography usage as I, Dennis M. Fisher will 

retain recorded flight data and other information gained through permitted flight 

operations to share with the FAA through any reports the FAA may request to assist with 

safety regulation.

Granting my, Dennis M. Fisher’s, request comports with the Secretary of Transportation’s 

(FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the 

national airspace system, but to “...establish requirements for the safe operation of 

such aircraft systems [UAS's] in the national airspace system” under Section 

333(c) of the Reform Act specific to the use of UAS's for real estate purposes. Further I, 

Dennis M. Fisher, will conduct my operations in compliance with the protocols described 

herein or as otherwise directed by the FAA.

For the reasons stated below I, Dennis M. Fisher, respectfully request the grant of an 

exemption allowing me to operate ultra-lightweight, remote controlled UAS’s for 

community awareness to benefit/stimulate attraction to our business market area and to 

enhance real estate listing videos for owners who cannot afford expensive manned 

aircraft for the same purpose. Both of these purposes promote local economic growth 

through increased employment and increased tax base. Additionally, the public’s safety 

is kept in mind by avoiding the use of heavier manned aircraft containing combustible 

fuel posing a potential public hazard.

I. Contact Information:

Dennis M. Fisher, President

Rapid Mortgage Company

272 West Central Avenue

Springboro, OH 45066

Office: (937) 748-8888, EXT 301

Mobile: (937) 474-3828

Email: DFisher@RMCBanc.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From

Which Dennis M. Fisher Requests Exemption are:

14 C.F.R. 91.7(a)

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)

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

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

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

III. The Extent of Relief Dennis M. Fisher Seeks and the Reason He Seeks Such

Relief:

I, Dennis M. Fisher, submit this application in accordance with the Reform Act, 112 P.L.

95 §§ 331-334, seeking relief from the applicable FARs prohibiting me, Dennis M. Fisher, 

from performing commercial photographic, cinematic, and other flight operations within 

the national airspace system. The Reform Act in Section 332 provides for such 

integration of civil unmanned aircraft systems into our national airspace system as it is in 

the public’s interest to do so. My, Dennis M. Fisher’s, ultra-lightweight UAS meets the 

definition of “small unmanned aircraft” as defined in Section 331 and therefore the 

integration of my ultra-lightweight UAS is expressly contemplated by the Reform Act. 

I am requesting this exemption to permit the operation of an ultra-lightweight UAS prior 

to the time period which the Reform Act requires the FAA to promulgate rules governing 

such craft. Approval of my request will provide direct experience and valuable data for 

implementation of regulations administered uniformly to all real estate related UAS aerial 

video and photography. 

The Reform Act guides the Secretary in determining the types of UAS's that may operate 

safely in our national airspace system. Considerations include: The weight, size, speed 

and overall capabilities of the UAS's; whether the UAS will be operated near airports or 

heavily populated areas; and, whether the UAS will be operated by line of sight. 112 P.L. 

95 § 333 (a). Each of these items aligns with my, Dennis M. Fisher’s request for 

Exemption. The Phantom 2 Vision + utilizes four (4) counter-rotating propellers for 

balance, control and stability. The Phantom 2 Vision + UAS is equipped with GPS and 

auto return safety technology. Weighing less than six (6) pounds (far below the 

maximum 55 pound limit), including camera and gimbal mount.

I, Dennis M. Fisher, consider safety foremost with each flight. The Phantom 2 Vision + 

UAS is designed to hover in place via GPS and operate in relatively calm wind conditions. 

For safety and stability flight operations will not be conducted when winds exceed 10 

knots. Built-in safety systems include a GPS mode allowing the Phantom 2 Vision + UAS 

to hover in place when remote controls are released.

Flight operations will utilize the “Ready To Fly” mode for aerial

videography/photography. “Ready To Fly” restricts flight to programmed Special Area 

Limits, Max Height and Max Radius, further enhancing safety of operations and stability 

while preventing accidents and hazards. When pilot communication is lost the Phantom 2 

Vision + UAS is designed to return to the point of takeoff.

My Exemption request would allow flight operations up to 200’ AGL outside of a 2 mile 

radius from towered airports and 1 mile from non-towered airports; outside of a 3 mile 

radius from any airport, maximum flight operating altitude will be 400’ AGL. I recognize 

previous exemptions have been granted prohibiting flight operations within 5 nautical 
 

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

miles of an airport. Given the petitioner’s extensive experience as a commercial pilot (in 

excess of 2,500 hours of flight time) and thorough understanding of traffic patterns and 

instrument approach minimums, I believe this is a reasonable request that will prevent

hazards to aircraft and property while serving the community.

Flight operations will not be conducted over densely populated or congested areas, and 

at least 500’ from non-participating people, vessels, vehicles and structures. 

Constant vigilance will be maintained for any manned aircraft and the petitioner will be 

prepared to land/abort immediately to the nearest and safest ground point should a 

manned aircraft approach, or appear to approach the area of flight operations.

The Phantom 2 Vision + UAS is capable of vertical and horizontal operations, and will be

flown only within a visual line of sight. Utilizing battery power rather than combustible 

fuels, flights are generally expected to last no more than 10-15 minutes, utilizing 40-

60% of the Phantom 2 Vision +’s battery capacity. Each flight will utilize a fresh, fully 

charged battery for each flight; full flight time limit for each battery is 25 minutes as 

tested. The UAS will not be operated below 40% of battery charge levels to maintain a 

safe operating reserve, ensuring adequate communication between the PIC remote

control and the UAS. Reserve batteries are on hand for each flight to ensure an adequate 

source of power is available to safely complete each operation.

I, Dennis M. Fisher, am extremely cautious when operating ANY aircraft and have no 

intention of creating a hazard to other aircraft, property or persons when operating the 

Phantom 2 Vision + UAS/ultra-lightweight unmanned aircraft. My flight operations will 

not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 

§ 333 (b). Given the small size and weight of the Phantom 2 Vision + UAS, it falls well 

within Congress’s contemplated safety zone when it promulgated the Reform Act and 

the corresponding directive to integrate UAS's into the national airspace system. 

IV. How Dennis M. Fisher’s Request Will Benefit the Public As A Whole:

Aerial videography for geographical awareness and real estate marketing has been 

around for decades through manned fixed wing aircraft and helicopters. For small real 

estate companies and average homeowners the expense of such aerial videography is 

cost prohibitive. Typically upscale Realtors or luxury homeowners are in a position to 

afford such an expense. As a result, the expense of manned aerial photography deprives 

many homeowners and smaller Realtors of a valuable marketing tool. 

Congress has already proclaimed it is in the public’s interest to integrate commercially 

flown UAS's into the national airspace system, hence the passing of the Reform Act. 

Granting my, Dennis M. Fisher’s exemption request furthers the public interest through 

visual awareness of the geographical benefits in and around the markets I serve. The 

Phantom 2 Vision + ultra-lightweight UAS is battery powered and creates no emissions 

that harm the environment. 
 

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

The public’s interest is furthered by minimizing potential ecological damage by 

permitting aerial video/photo capture through the Phantom 2 Vision + battery operated 

ultra-lightweight UAS. Permitting me, Dennis M. Fisher, to immediately fly within the 

national air space system furthers economic growth. Granting my exemption request 

substantially furthers the economic impact for the community I serve by assisting 

companies considering our market for relocation or building, as well as individuals

relocating for career advancement by providing our aerial photographic services and 

improving geographical awareness. Both aspects serve as a stimulus to the community.

V. Reasons Why Dennis M. Fisher’s Exemption Will Not Adversely Affect Safety 

Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing 

Rule:

My, Dennis M. Fisher’s, exemption will not adversely affect safety. Quite the contrary, for 

the reasons stated permitting me, Dennis M. Fisher, to log more flight time in FAA 

controlled airspace, communicate with the FAA, and allow me to contribute to the 

innovation and implementation of new safety protocols. In addition I, Dennis M. Fisher, 

submit the following representations of enhancements to current aerial videography and 

photography for real estate:

The Phantom 2 Vision + UAS weighs less than 6 pounds with max payload, high 

definition video camera and gimbal mount;

Flight operations will be limited to a maximum height of 400’ AGL outside of a 3 nautical 

mile radius of any airport and 200’ AGL outside of a 2 nautical mile radius of towered 

airports and 1 mile from non-towered airports;

Flight operations will be conducted for the Phantom 2 Vision + UAS a maximum of 15 

minutes per flight;

The Phantom 2 Vision + UAS will be landed prior to manufacturer recommended 

minimum level of battery power;

The Phantom 2 Vision + UAS will be operated through remote control by visual line of 

sight;

The Phantom 2 Vision + UAS has a GPS flight safety fail safe feature whereby it returns 

to its point of takeoff and lands if communication with the remote control pilot is lost;

Flight data and other sources of information are continually reviewed to update and 

enhance safety protocols;
 

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

Flight operations will be conducted in a safe manner and tightly controlled environment, 

away from power lines, elevated fixtures, structures and lights, airports and congested 

and densely populated areas;

Extensive pre-flight inspections along with weather and risk assessments are conducted 

prior to each flight, the objective being execution of a safe flight operation being the first 

priority;

All necessary permissions and notification will be obtained prior to operation;

Finally, procedures are established to abort flights in the event of safety breaches or 

potential danger.

My, Dennis M. Fisher, safety protocols provide a level of safety equal to or greater than 

existing rules. It should be is important to note that absent the integration of 

commercial UAS into the national airspace system, helicopters are the primary means of 

aerial video and photography for community education and real estate marketing. While 

the overall safety record of such helicopters may be satisfactory, the exposure to the risk 

involved, potential loss of life and substantial property damage cannot be ignored; it is 

far safer to operate a battery powered ultra-lightweight UAS.

First, the potential loss of life is diminished because UAS's carry no passengers or crew

on board and flight operations are conducted away from densely populated areas. 

Second, with no combustible fuel on board a UAS, the potential for fire or explosion is 

eliminated. Third, the small size and extreme maneuverability of the Phantom 2 Vision 

+ UAS enables quick and safe avoidance of hazards.

VI. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR §

91.203(a)(1). The size, weight and limited operational area of the Phantom 2 Vision + 

UAS permits exemption from Part 21 because the UAS meets (and exceeds) an 

equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under both 

the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of 

legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity 

to areas such as airports and dense populations. The Phantom 2 Vision + UAS meets or 

exceeds each of the elements.
 

 

 

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NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no 

onboard pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a

safety/flight manual delineating areas of where safety can be defined. The FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as the Phantom 2 

Vision + UAS utilizes electronic global positioning systems with a barometric altimeter 

sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The 

equivalent level of safety will be achieved by maintaining any such required certifications 

and registrations by me, Dennis M. Fisher.

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. The Phantom 2 Vision + UAS is, by definition, unmanned. They 

therefore do 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 small aircraft with 

dimensions smaller that minimal lettering requirement. The FAA has previously issued 

exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 

10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. I, Dennis M. Fisher, holder of a Commercial pilot certificate will exceed the 

requirements of the current Regulations even though the Phantom 2 Vision + UAS does 

not carry any pilots or passengers. 

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. The Phantom 2 Vision 

+ UAS will never operate at an altitude greater than 400’ AGL. I, Dennis M. Fisher, will 

operate the Phantom 2 Vision + UAS safely, away from densely populated and congested 

areas, providing a level of safety equivalent to or in excess of those in relation to 
 

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

minimum safe altitudes. Given the size, weight, maneuverability and speed of the 

Phantom 2 Vision + UAS an equivalent or greater level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and 

operators to “have [the] 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 chapter....”

These Regulations apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to the Phantom 2 Vision + UAS. As a safety precaution, I will perform a 

thorough preflight inspection of the Phantom 2 Vision + UAS just as I would any aircraft 

I am PIC of before each flight.

In summary, Dennis M. Fisher seeks an exemption from the following

Regulations:

14 C.F.R. § 91.7 (a); § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 

91.151(a); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 

(a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially 

operate the Phantom 2 Vision + UAS, small unmanned vehicle/lightweight unmanned 

aircraft vehicle in community awareness and real estate operations, and to develop 

economic platforms for real estate to enhance the experience of those seeking to 

relocate to the markets my business services. 

Currently, geographic area awareness and real estate aerial videography/photography 

relies primarily on the use of larger aircraft carrying significant quantities of, and running 

on combustible fuel, posing potential risk to the public. Granting my, Dennis M. Fisher’s, 

request for exemption will reduce current risk levels and thereby enhance safety. The 

Phantom 2 Vision + UAS does not contain potentially explosive fuel, is smaller, lighter 

and more maneuverable than conventional real estate video and photographic aircraft 

and achieves aerial objectives in much less flight time. 

Further, by operating at lower altitudes and in controlled airspace, the potential public 

risk is avoided without the need to fly to and from established air fields. I, Dennis M. 

Fisher, as an active Certified Flight Instructor and commercial rated pilot have a 

thorough understanding of flight information and will compile safety protocols and the 

implementation of a flight operation’s manual for real estate usage that exceeds 

currently accepted means and methods for safe flight.

Formal collection of information shared with the FAA will enhance the FAA's internal 

efforts to establish protocols for complying with the FAA Modernization and Reform Act of 
 

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

2012. Since there is no crew or passengers aboard my, Dennis M. Fisher’s UAS, the 

likelihood of death or serious bodily injury is minimized. My, Dennis M. Fisher’s, 

operation of the Phantom 2 Vision + UAS, weighing less than 6 pounds and travelling at 

lower speeds within limited areas will provide an equivalent level of safety as that 

achieved under current FARs. Accordingly I, Dennis M. Fisher, respectfully request the 

FAA grant my exemption request and am willing to cooperate in sharing information to 

benefit the FAA, safety of manned aircraft, and the general public at large.

Petitioner’s Proposed Conditions and Limitations

The following documents provided by the petitioner –

1) Phantom 2 Vision+ User Manual v1.8,

2) Phantom 2 Vision+ Quick Start Guide, 

3) Smart Flight Battery Safety Guidelines, 

4) Phantom 2 Vision+ Pilot Training Guide v1.1,

5) UAS Safety & Flight Operating Procedures, hereinafter referred to as operating 

documents.

Petitioner agrees that failure to comply with any of the conditions and limitations of the 

requested exemption is grounds for the immediate suspension or rescission of this 

exemption.

1) Operations authorized by this grant of exemption are limited to the quad-rotor 

aircraft PHANTOM 2 Vision+ Unmanned Aircraft System.

2) The UAS will not be flown in excess of 30 knots.

3) The UAS will be operated at an altitude of no more than 200’ AGL outside of a 2 

nautical mile radius from towered airports and 1 nautical mile from non-towered 

airports; outside of a 3 nautical mile radius of any airport, maximum operating altitude 

will be 400’ AGL. All altitudes will be reported to ATC in feet AGL.

4) The UAS will be operated within visual line of sight (VLOS) of the Pilot In Command 

(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.

5) The operating documents and the grant of exemption will 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 will 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 
 

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

documents to the Administrator upon request. The operator will also present updated 

and revised documents if he 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 

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.

6) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, 

the UAS will not be operated until the necessary maintenance has been performed and 

the UAS is found to be in a condition for safe flight. The Ground Control Station will be 

included in the preflight inspection. All maintenance and alterations will be properly 

documented in the aircraft records.

7) Any UAS maintenance or alterations affecting the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional 

test flight. The PIC conducting the test flight will make an entry in the aircraft records.

8) The pre-flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents.

9) The operator will follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements.

10) The operator will carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

and alterations will be noted in the aircraft records, including total flight hours, 

description of work accomplished, and the signature of the authorized person returning 

the UAS to service.

11) Any UAS operated under this exemption will comply with all manufacturer Safety

Bulletins.

12) The authorized person will make an entry in the aircraft record of the corrective 

action taken regarding discrepancies discovered between inspections.

13) UAS operations will be conducted by a PIC possessing a commercial pilot certificate 

and at least a current third-class medical certificate. The PIC will 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.
 

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

14) Prior to operations conducted for the purpose of aerial videography/cinematography 

and augmenting real estate listing videos (or similar operations), the PIC will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 

hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. Prior documented flight experience that was obtained in 

compliance with applicable regulations may satisfy this requirement. Training, 

proficiency, and experience-building flights may also be conducted under this grant of 

exemption to accomplish the required flight time. However, training operations will only 

be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights the PIC will operate the UAS with appropriate distances in 

accordance with 14 CFR 91.119.

15) Prior to operations conducted for the purpose of aerial videography/cinematography 

and augmenting real estate listing videos (or similar operations), the PIC will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 

hours as UAS pilot operating the make and model of the UAS to be used in operations 

under the exemption; 5 hours make and model time may be included in the 10 hours of 

multi-rotor time prescribed above. The PIC will accomplish 3 take-offs and landings in 

the preceding 90 days (for currency purposes). Training, proficiency, experiencebuilding, and take-off and landing currency flights can be conducted under this grant of 

exemption to accomplish the required flight time and 90 day currency. However, said 

training operations will only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights the PIC will operate the UA with 

appropriate distances in accordance with 14 CFR 91.119.

16) The PIC will not operate the UAS for the purpose of aerial 

videography/cinematography and augmenting real estate listing videos (or similar 

operations), unless the PIC has demonstrated and logged in a manner consistent with 14 

CFR 61.51(b), 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 people, vessels, vehicles and structures.

17) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC).

18) The UAS will not operate within 2 nautical miles of a towered airport and 1 nautical 

mile of a non-towered airport reference point as denoted on a current FAA-published 

aeronautical chart.

19) The UAS will 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.
 

 

 

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20) If the UAS loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

21) The PIC will abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

22) The PIC will not initiate a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing 

point and land the UA with 30% battery power remaining.

23) The operator will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (COA) prior to conducting any operations under a grant of exemption. 

This COA also requires the operator to request a Notice to Airman (NOTAM) not more 

than 72 hours in advance, but not less than 48 hours prior to the operation.

24) 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.

25) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

26) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC 

at the Ground Control Station of the UAS any time the UAS is operating. These 

documents will be made available to the Administrator or any law enforcement official 

upon request.

27) The UAS will remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

28) The UAS will not be operated by the PIC from any moving device or vehicle.

29) The UAS will not be operated over congested or densely populated areas.

30) Flight operations will 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 UAS and/or debris in the event of an accident. The operator will ensure 

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 will cease immediately and/or;
 

 

 

272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 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, and;

c. Operations nearer to the PIC, operator trainees or essential persons do not present 

an undue hazard to those persons per § 91.119(a).

31) All operations will be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted.

32) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported to 

the National Transportation Safety Board (NTSB) per instructions contained on the NTSB 

Web site: www.ntsb.gov.

Contact me at 937-474-3828 or dfisher@rmcbanc.com if you have any questions or

require additional information.

Respectfully,

Dennis M. Fisher

President