May 12, 2015

Exemption No. 11569

Regulatory Docket No. FAA–2015–0390

Mr. George Riethof

Nantucket Aerial

31 Miacomet Avenue

Nantucket, MA 02554

Dear Mr. Riethof:

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.

The Basis for Our Decision

By letter dated February 15, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Nantucket Aerial (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial still 

photography.

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 2 and DJI Phantom 2+.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. 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 the requested relief from 

14 CFR part 21and 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, Nantucket Aerial 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, Nantucket Aerial 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 and 

DJI Phantom 2+ 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 May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
Nantucket Aerial, Nantucket, MA- Section 333 Exemption Petition

February 15, 2015

US Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Electronically submitted via www.regulations.gov

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 

91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) 

Dear Sir or Madam, 

George Riethof, dba Nantucket Aerial, seeks exemption pursuant to FAA Modernization and 

Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, from the Federal Aviation 

Regulations (“FARs”) listed below so that Nantucket Aerial may operate their small ultra-light 

weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal 

Aviation Administration (“FAA”). This petition is, in most regards, similar to granted exemption 

No. 11138 both in operational approach (closer than 500’) and equipment being utilized (DJI 

Phantom 2+). 

As described herein Nantucket Aerial proposes to perform aerial still photography with the use of 

a common hobby-grade UAS, presently a DJI Phantom 2+, mostly for real estate advertising 

purposes. 

Nantucket Aerial's exemption request would permit operation of ultra-light weight, unmanned 

and relatively inexpensive UAS in tightly controlled and limited airspace. 

Nantucket Aerial's proprietor, George Riethof, is an FAA-certificated commercial pilot, flight 

instructor, who has about 10 years experience as a Part 135 charter captain, in addition to 25 years 

as an aircraft owner. All Nantucket Aerial UAV operations will be conducted or directly supervised 

by Mr. Riethof utilizing the knowledge, skill, and risk management approach associated with the 

above experience. 

For the reasons stated below, Nantucket Aerial respectfully requests the grant of an exemption 

allowing operation of ultra-light weight, remote controlled UAS primarily to supplant the existing 

aerial photography workflow but also to serve the substantial demand for aerial still images found 

to be prevalent in the local real estate market. 

Nantucket, Martha's Vineyard, and Cape Cod are major summer vacation destinations, with 

substantial increases in air traffic in the summer months. The summer vacation season is 

concentrated mostly in the months of June, July, and August, but with 'shoulder seasons' before 
and after these months. It is during these times when traffic counts at the local airports rise to 

their highest levels. It is in the public interest of safety that operators of UAV systems maintain 

maximum vigilance to prevent the potential for accidents or incidents. Nantucket Aerial proposes 

to enhance safety in the local environment by applying sound risk-evaluation and management 

principles to the operation. 

Contact Information: 

George Riethof

31 Miacomet Ave

Nantucket, MA 02554

ph: 508-228-2650

fax: 617-249-1672

email: george@overnantucket.com

web: www.overnantucket.com

The Specific sections of Title 14 of the Code of Federal Regulations from which Nantucket Aerial 

requests exemption: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR

407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). III. 

The extent of relief Nantucket Aerial seeks and the reason they seek such relief: 

Nantucket Aerial submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, 

seeking relief from any currently applicable FARs operating to prevent commercial 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. Nantucket Aerial's, ultra-light weight UAS meets the 

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

their ultra-light weight UAS is expressly contemplated by the Reform Act. Nantucket Aerial would 

like to operate its ultra-light weight UAS prior to the time period by which the Reform Act requires 

the FAA to promulgate rules governing such craft. 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 are in favor of an exemption for 

Cobblestone Realty. Their UAS utilizes four (4) counter-rotating propellers for balance, control and

stability. Their UAS is equipped with GPS and auto return safety technology. Weighing less than 

ten (10) pounds (far below the maximum 55 pound limit); including camera. 

Operational considerations: 

Nantucket Aerial proposes to operate the UAS in the Nantucket, Martha's Vineyard, Cape Cod, and

South Coast, Massachusetts areas. These areas are primarily served by the towered airports at 

Nantucket (KACK), Martha's Vineyard (KMVY), Hyannis (KHYA), Cape Cod Coast Guard Air Station 
(KFMH), and New Bedford (KEWB). Other smaller non-towered airports are also prevalent. Most 

of the flight operations will be conducted on clear, VFR days, typically between the hours of 7am 

and 8pm. Nearly all operations will be conducted below 500 feet. The ideal altitudes to conduct 

the operations are typically below 300 feet, however. The duration of a single photo shoot 

typically runs for up to 1⁄2 hour. 

Operational Risk Management: 

Nantucket Aerial proposes to reduce operation risk by the following procedures, among others: 

1. Contacting the local Air Traffic Control (ATC) tower, typically one day prior to the operation, 

identifying the location of the flight operation with respect to local known landmarks, GPS 

coordinates or location in relation to navigational aids such as VORs, NDBs or intersections.

2. Identifying the planned time, nature, and altitudes associated with the operation.

3. Utilizing an AM handheld transceiver (HT) such as the Vertex Standard VXA-700, to monitor ATC

communications with local air traffic, and to establish radio communication with the tower, if 

needed. If in the vicinity of a non-towered airport, to monitor air traffic flying in the vicinity. 

4. Prior to the event, identify the runways in use at the time of the shoot and ascertain typical 

traffic flow patterns.

5. Avoid the busiest air traffic time intervals, which typically fall on Fridays and Monday mornings 

in the summer months, with secondary times of Thursday afternoon and Sunday afternoon.

With respect to the Nantucket and Martha's Vineyard airports, these airports are surrounded by 

substantial open space (Martha's Vineyard's state forest, Nantucket's Middle Moors) and bodies 

of water (the Atlantic Ocean south of Nantucket Airport), so it is unlikely that any operations will 

take place in substantial proximity to these airports so as to require unusual coordination with 

ATC. 

Reasons why approval of Nantucket Aerial's application will serve the public benefit: 

1. Operations will be conducted by an experienced commercial pilot and aircraft owner, who is 

intimately familiar with the local airspace, local flight operational considerations, landmarks, and 

ATC procedures.

2. Use of the industry-standard DJI Phantom 2+, which features tested and proven safety 

characteristics.

3. Application of operational-risk methods similar to those applied to Part 135 commercial 

operations on a flight-by-flight basis.

4. Operation almost entirely in very clear day VFR weather.
5. Operational location of sites typically along the waterfront or away from towered and nontowered airports.

6. Operation almost entirely below 400 feet AGL.

7. Maintenance of communication capability via HT.

8. The UAS to be used (DJI Phantom 2+) has 'first-person-view' (FPV) capability. However, all 

operations of the UAS will be conducted using line-of-sight. FPV is useful in framing and evaluating

position with respect to the desired photographs. However, use of FPV for flight control rarely 

offers sufficient image quality, particularly on a very bright VFR day, to utilize for aircraft control 

beyond line-of-sight. Therefore, all operations will be conducted strictly line-of-sight.

9. It is believed that local real estate offices utilize UAS', or contract with operators of UAS' in 

furtherance of their real estate listing activities. These operators are either hobbyists, or are the 

real estate agents themselves. This application, if approved, will help ensure safety by ensuring 

that the operations are conducted in accordance with FAA regulations by an experienced FAAcertificated commercial pilot. 

Sample operational risk management procedure: 

1. Pre-operation: at least 24 hours prior to operation:

a. Contact ATC tower manager, and identify location of shoot with respect to local known ATC 

landmarks. Identify time frame of shoot, identification of UAS, and communications capability of 

pilot (i.e. radio, cell phone). 

b. Obtain complete weather briefing via approved weather information providers, as one would 

for a commercial Part 135 flight. 

2. Day of operation:

a. Examine site of operation via online mapping, such as the town GIS map applications. Sample: 

http://www.mapgeo.com/NantucketMA/

b. Ascertain runway in use and traffic patterns being used via Flightaware.com, by monitoring ATC

tower frequency, etc. 

c. Upon arrival at site, observe traffic patterns in area, and monitor ATC frequency at all times.

d. Utilize operations checklist for UAS.

e. Conduct safety inspection of UAS. 

f. Test UAS and obtain good GPS signal prior to flight. 
g. Use safety observer if in an area of high population concentration i.e. 'in town'. 

e. While monitoring ATC, in the unlikely event that the operation is perceived to be in conflict with

any air traffic, cease operation. 

Summary: 

Nantucket Aerial requests exemption from 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 

C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b)., for the purpose of

conducting safe operation of a DJI Phantom 2+ UAS in the general area of Nantucket, Martha's 

Vineyard, Cape Cod, and the South Coast, Massachusetts areas. Nantucket Aerial proposes to 

maximize safety through Operational Risk Management procedures comparable to those applied 

to Part 135 commercial operations in which Nantucket Aerial is experienced and familiar. 

This application is similar to other approved or pending applications centered on Real Estate 

photography operations utilizing the DJI Phantom 2 or Phantom 2+. The applicant believes the 

FAA is familiar with the aircraft capability so the flight manual for the aircraft is not included 

herewith, but can be provided on request. The manual is available at: 

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1

.8_en.pdf

Respectfully submitted, 

George Riethof

proprietor, Nantucket Aerial

31 Miacomet Ave

Nantucket, MA 02554