July 22, 2015

Exemption No. 12114

Regulatory Docket No. FAA–2015–1064

Mr. David Pinkerton

President

AgriImage, LLC

91 A Milan Highway

Milan, TN 38358

Dear Mr. Pinkerton:

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 April 9, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of AgriImage, LLC (hereinafter petitioner or operator) for an exemption. The 

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

agriculture operations.

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 AgScout and AgScout Mini.

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 
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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 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 collection1

. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, AgriImage, LLC 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.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, AgriImage, LLC is hereafter referred to as the operator.

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 AgScout and 

AgScout Mini 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, 
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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 

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.
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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 

(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.
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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.

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.
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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.

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.
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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
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April 9, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 • i 

--- _/ 

Agrilmage, LLC 

91 A Milan Hwy. 

Milan, TN 38358 

731-613-7850 

RE: Request for Exemption under Section 333 ofthe FAA Modernization and Reform Act of2012 and 

Part 11 of the Federal Aviation Regulations from 14 C.F.R 21(h); 14 C.F.R. 45.23(b), 14 C.F.R 61.113(a) and (b), 

14 C.F.R 91.7(a), 14 C.F.R 91.9(b)(2), 14 C.F.R 91.103(b)(2), 14 C.F.R. 91.105, 14 C.F.R 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 91.203(a) and (b), 14 C.F.R 91.405(a), 14 C.F.R 

91.407(a)(l), C.F.R 91.409(a) (2), and C.F.R 91.417(a) and (b). 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FFA Modernization and Reform Act of2012 (the Reform Act) and C.F.R. 

Part 11, Agrilmage, LLC, an operator of Small Unmanned Aerial Systems ("sUAS") equipped to record and take 

images of farmland for members ofthe agriculture industry, applies for exemption from the listed Federal Aviation 

Regulations ("F ARs") to allow the commercial operation of its sUASs, so long as such operations are conducted 

within and under all the conditions outlined herein or as may be established by the FAA as required by Section 

333. 

The approval of exemptions for Agrilmage will allow commercial operations of the AgScout and AgScout 

Mini UA Vs for precision agriculture. This will help farmers, agronomists, crop consultants, and other agriculture 

industry professionals locate problem areas in their field. Once a problem area is detected, the individual can use 

the data in order to write chemical and fertilizer subscriptions. The contemplated applications involve aerial 

surveys of agricultural areas (including but not limited to farm fields), using a variety of sensors and technologies 

(including but not limited to infrared photography, thermal imagery, optical zoom camera, photogrammetry, and 

high resolution imagery) to collect data to make more informed decisions. The pilot in command (PIC) has flown 

numerous practice flights in field locations as a hobbyist in order to prepare for future commercial use. The 

practice flights have increased Agrilmage' s knowledge of its sUAS performance under different temperature and 

weather conditions. This request should be granted because operation of the proposed small UASs conducted in the 

conditions outlined below, will provide an equivalent level of safety while still allowing commercial operations. 

The AgScout and AgScout Mini, both lightweight aircrafts, covered by the exemption are safer than operations 

piloted with helicopters and fixed-wing aircraft weighing thousands of pounds containing pilot and crew members 

operating in close proximity to the ground and people below. Congress directed the FAA to consider the following 

seven factors when approving Section 33 exemption petitions: size, weight, speed, operational capability, 

proximity to airports, proximity to populated areas, and operation within visual line of sight (VLOS). These factors 

are supported in this petition. The sUASs that Agrilmage use are small, operate at slow speeds, stay below 400 

feet, will not operate within 5 miles of an airport, and are not flown in populated areas. 

If we can provide any additional information to better assist your understanding of this petition, please do 

not hesitate to contact us at 731-613-7850 or by email at david@agriimage.com. 

Thank you, 

··D_d-~ct~tS 

David Pinkerton 

President of Agrilmage, LLC 

1 
Table of Contents 

Item 

I. Petitioner's Contact Information 

II. Agriimage LLC' s Operations 

A. The sUAS 

B. Flight Conditions 

C. Flight Operations 

III. Privacy 

IV. Aircraft and Equivalent Level of Safety 

v. Public Interest and Safety 

VI. Regulations from Which Exemption is Requested 

A. 14 C.P.R. 21 (h) and 14 C.P.R. 91.203(a)(l): Airworthiness Certificates, Manuals and the Like. 

B. 14 C.P.R. 45.23(b): Marking of the Aircraft. 

C. 14 C.P.R. 61.113 (a)(b): Private Pilot Privileges and Limitations: Pilot in Command. 

D. 14 C.P.R. 91.7(a) Civil aircraft worthiness. 

E. 14 C.P.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements. 

F. 14 C.P.R. 91.103(b)(2): Preflight action. 

G. 14 C.F .R. 91.105: Flight crewmembers at stations. 

H. 14 C.F .R. 91.1 09( a): Flight Instruction. 

I. 14 C.P.R. 91.119: Minimum Safe Altitudes. 

J. 14 C.P.R. 91.121: Altimeter Settings. 

K. 14 C.F .R. 91.151: Fuel Requirements for flight in VFR conditions. 

L. 14 C.P.R. 91.405 (a); 407 (a)(l); 409 (a) (2); 417 (a) (b): Maintenance Inspections. 

VII. Exhibit List 

A. Exhibit 1: Douglas Trudeau, Docket No. F AA-2014-0481, Grant of Exemption (Jan. 6, 2015) 

B. Exhibit 2: User Manual 

C. Exhibit 3: Failsafe Safety Features 

D. Exhibit 4: No Fly Zone 

E. Exhibit 5: Sky hero Syder 

F. Exhibit 6: Wookong 

G. Exhibit 7: JR Module 

H. Exhibit 8: EZUHF 8 Channel 

I. Exhibit 9: Data Link 

J. Exhibit 10: iOSD 

K. Exhibit 11: Sky hero Little Spyder 

L. Exhibit 12: Naza 

M. Exhibit 13: EZUHF lite 8 Channel 

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I. 

II. 

Petitioner's Contact Information: 

Agrilmage, LLC 

91 A Milan Hwy 

Milan, TN 38358 

Office: 731-613-7850 

Email: david@agriimage.com 

President: David Pinkerton 

Agrilmage LLC's Operations: 

A. sUASs 

The requested exemption will permit the operation of two small, unmanned multirotor aircraft, the 

AgScout and the AgScout Mini. 

1. The AgScout 

The AgScout is a small, unmanned multirotor aircraft, weighing 11 lbs., inclusive of batteries and 

technical payload. The AgScout can operate at a speed of26 knots (30 mph). 

The sUAS will have the following specifications or equivalent: 

Airframe: Skyhero Spyder 

Control System: Wookong 

Tx: ImmersionRC EZUHF JR transmitter 

Rx: ImmersionRC EZUHF 8ch receiver 

Motors: Tiger RC U5 400KV brushless motors 

Propellers: Tiger RC 15" Carbon Fiber 

Autonomous flight system: DJI 2.4GHz Data Link 

OSD: iOSD mini 

Gimbal: Tarot 2D gimbal 

Cameras: ReadyMadeRC flight camera, GoPro Hero 3 Silver edition, Tetracam ADC micro 

multispectral camera, Flir Tau 2 Thermal camera 

Batteries: Pulse 1 OOOOmAh 6-cell Lithium Polymer Ion batteries with XT -60 main power 

connection 

Please refer to Exhibits 5-10, attached to this petition, for further information about the Airframe, Control System, 

Tx, RX, Autonomous flight system, and the OSD respectively. 

FAA has previously granted Exemption No. 11138, allowing commercial flight of a for a DJI sUAS system. 

Exhibit 1. 

3 

2. The AgScout Mini 

The AgScout Mini is a small, unmanned multirotor aircraft, weighing 5lbs., inclusive of batteries and 

technical payloads. The AgScout Mini can operate at a speed of26 knots (30 mph). 

The sUAS will have the following specifications or equivalent: 

Airframe: Skyhero Spyder 
Control System: Naza v2 

Tx: ImmersionRC EZUHF JR transmitter 

Rx: ImmersionRC EZUHF 8chlite receiver 

Motors: Skyhero SKH04-002 950KV brushless motors 

Propellers: Gymfan 1 O"Carbon Fiber 

Autonomous flight system: DJI 2.4GHz Data Link 

OSD: iOSD mini 

Gimbal: Zenmuse H3D gimbal 

Cameras: ReadyMadeRC flight camera, GoPro Hero 3 Silver edition 

Batteries: Pulse 5000mAh 4-cell Lithium Polymer ion batteries with XT-60 main power connection 

Please refer to Exhibits 11, 12,7,13,9, and 10 attached to this petition, for further information about the Airframe, 

Control System, Tx, Rx, Autonomous flight system, and the OSD respectively. 

4 

B. Flight Conditions 

The sUAS will be flown in airspace under 400 feet above ground level ("AGL") and under 

controlled conditions in rural areas. The majority of flights will take place in rural, remote areas and will 

avoid congested and densely populated areas. These flights occur over farmland that is usually located in 

very rural areas. Agriimage will abide by visual meteorological conditions (VMC), which is no less than 

500 feet below and no less than 2,000 feet horizontally from a cloud or when visibility is at least 3 statute 

miles from the PIC. The flight crew will always conduct preflight checklists, and will only operate when it 

is determined that no undue dangers are present. 

C. Flight Operations 

Agrilmage requires that the Pilot in Command (PIC) always keep the sUAS in the line of sight of 

both the PIC and visual observers (VOs). Flights will remain at altitudes below 400 feet AGL, and at 

speeds less than 20 knots. 

The PIC, and the VO, have over 5 years of experience with RC aircraft, and have numerous hours 

flying sUAS as hobbyist. A pilot license could be helpful, but a pilot license will not ensure remote control 

piloting skills. The operation of Agriimage's sUAS are far less the risks than the risk levels inherent in the 

commercial activities outlined in 14 CFR part 61.113. An exemption was granted to File No. 11138 in 

regards to an exemption under Section 333 ofthe FAA Modernization and Reform Act of2012 and Part 11 

of the Federal Aviation Regulations, and this individual did not have a pilot license. Exhibit I. 

The week of an operation, the flight crew will carefully review the flight location to determine if it 

is a safe area to fly, based on the following criteria: at least 5 miles away from airports, away from 

populated areas, and any obstructions. If there are any individuals who live close to the area in which the 

flight crew will fly, the flight crew will contact these individuals and make them aware of the flight. The 

sUAS will only fly over land of which it has permission from the landowner or landowner's agent. If a 

notification is necessary to members who live close by, the flight crew will provide them with the 

following: time, place, and type ofUAS operation being conducted. Ifthe flight crew is unable to reach 

individuals who own property close by, they will leave letters in mailboxes and/or front doors in order to 

inform the individuals of the panned sUAS operation. The flight crew will also brief the property owners on 

their safety guidelines. 

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Flights will take place on rural farmland that will vary in size. The PIC will remain in visual line of 

sight (VLOS) at all times. For larger fields, the PIC will break the fields into sections in order to remain in 

visual line of sight. Operation will not take place in congested or densely populated areas, and the PIC will 

abide by local and federal laws and restrictions. The flight crew will monitor weather data information prior 

to every flight, and conduct a preflight checklist as found in the W ookong or N aza V2 user guides. Refer to 

exhibits 6 and 12 for the respective user guides. 

Agriimage will abide by the following operating conditions under this exemption: 

• Agriimage will only operate its sUASs in Visual Line of Sight (VLOS) of the pilot or observer; 

operating within 1,500 feet will ensure the UAS stays within visual line of sight (VLOS); 

• The sUASs will be restricted to an altitude of 400 feet above ground level (AGL); 

• Will not operate the sUASs within 5 miles of an airport. If flight is to be conducted within 5 miles of an 

airport, Agriimage will contact respective airports to request permission to fly, providing the respective 

airport with: estimated flight time, flight duration, elevation of flight and other relevant flight 

information; 

• Will obtain permission from land owner/controller prior to the beginning of every flight; 

• All operations will avoid congested or populated areas; 

• Use the UAS' global positioning system (GPS) failsafe feature in which the unit returns to its original 

take-off spot if communication with remote control pilot is lost. This failsafe systems also monitors 

battery life of the UAS, and will return the unit home if battery levels get too low (refer to Exhibit 3 for 

a detailed description of the failsafe safety features); 

• Operations will occur during daylight hours; 

• Will not fly the UAS unless it has the maximum amount of satellites as specified in the user manual; 

• Operate the UAS following all safety precautions, conducting a pre-flight checklist before every flight, 

and will actively monitor flight data and other sources of information in order to enhance safety 

protocols. 

The ground station software for the AgScout and AgScout Mini have "no fly zones" programmed 

into them, which will prevent the PIC from placing waypoints in no fly zones. A no fly zone is defined as a 

5 mile circular area covering all major airports. Refer to exhibit 4 for a comprehensive list of no fly zones. 

Agriimage will take every precaution to avoid flying in airspace other than class G airspace, and the "no fly 

zones" will add an additional level of safety to flight operations. 

The sUAS has been tested by the PIC and VO in a variety of weather conditions. The AgScout is 

capable of flying in winds up to 30 mph (26 knots), while the AgScout mini can fly in winds up to 15 mph 

(13 knots). Due to the potential for water damage to the sUAS, Agriimage will not fly in rainstorms. 

Rainstorms also decrease the visibility of the unit, therefore it would not be safe to operate the unit in such 

conditions. The PIC and VO have also practiced failsafe features in case an emergency bailout is necessary. 

This feature allows the PIC to flip the failsafe switch, which makes the sUAS return to home. Another 

safety feature, if an emergency occurs, allows the PIC to release the joysticks. Releasing the joysticks will 

make the sUAS hover in place and maintain its position and altitude. 

When operating the sUAS, the PIC and the VO will stand next to each other, always communicating 

while viewing the ground station monitor. The VO will observe the telemetry data and images from the 

camera on the ground station monitor. If the PIC wishes to capture a different angle on the camera, the VO 

will direct the PIC. 
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III. Privacy 

Proposed flights will not invade privacy because all flights will occur over rural property with the 

property owner's prior knowledge and consent. Property to be filmed will have requested and hired 

Agriimage for the purpose of filming and photographing the property with the sUAS. 

IV. Aircraft and Equivalent Level of Safety 

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Agriimage proposes that the exemption requested herein apply to civil aircraft that have the ) 

characteristics and that operate within the limitations listed herein. These limitations provide for at least an 

equivalent or higher level of safety to operate under the current regulatory structure. ) 

These limitations and conditions to which Agrilmage agrees to be bound when conducting ) 

commercial operations under an FAA issued exemption include: 

1. The sUASs will weigh significantly less than (50) lbs. The AgScout weighs 11 lbs., inclusive of 

battery and payload. The AgScout Mini weighs 5 lbs., inclusive of battery and payload. ) 

2. Flights will not exceed an altitude of 400 feet AGL. 

3. Flights will be operated within visual line of sight (VLOS) ofthe PIC and VO. 

4. Crew for each operation will consist of the sUAS PIC and VO. 

5. Each flight will have a maximum total flight time of75% of battery life. Flights will be 

terminated once battery level reaches 25% level. The PIC and VO will have access to this 

information via the telemetry data submitted to the ground station monitor and transmitter. If for 

some reason the PIC and VO do not notice battery level getting low, the sUAS will enter into 

failsafe mode. 

6. Prior to each flight, the flight crew will review the desired flight patterns and conduct the 

preflight checklist. 

7. The operator will obtain a FAA UAS Civil COA prior to conducting any operations under this 

grant of exemption. 

8. The PIC and VOs will at all times be able to communicate with each other. 

9. Flight data will be actively analyzed, along with other sources of information to constantly 

update and enhance safety protocols. 

10. Procedures will be set in place to abort flights in the event of safety breaches or potential 

danger. Both the AgScout and AgScout Mini will have the capability to abort flight in case of 

unexpected obstacles or emergencies. 

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11. All local and federal laws and regulations will be followed. 

12. The PIC has accumulated numerous flight hours that easily exceed over 100 hours. PIC has 5 

years the experience with RC aircraft, and has numerous hours flying sUAS as a hobbyist. 

V. Public Interest and Safety 

Agriimage' s safety protocols provide a level of safety equal to or exceeding existing rules. 

Airplanes are currently the means of aerial video and photography for agricultural images. While the safety 

record of such airplanes is astonishing, there have been accident that involves the loss of life as well as 

extensive property damage; it is far safer to operate battery-powered sUAS. 

The sUAS does not carry people and it operates in specific rural areas away from mass populations, 

therefore the loss of life is diminished. There is no fuel on board the sUAS, which reduces the risk for fire 

or explosions. The limited weight of the AgScout and AgScout Mini significantly reduces the potential for 

harm to participating and nonparticipating individuals or property in the event of an incident or accident. 

Both sUASs can fly at lower altitudes the manned aircraft and requires less room for takeoff and landing, 

allowing for flights to take place over smaller areas. 

The AgScout and AgScout Mini's small size, weight, speed, and limited operating area associated 

with the aircraft and its operation meet the statutory considerations of Section 333. 

VI. Regulations from Which Exemption is Requested 

A. 14 C.F.R. 21 (h) and 14 C.F.R. 91.203(a)(1): Airworthiness Certificates, Manuals and the Like. 

Agriimage, LLC requests an exemption from 14 C.F .R. 21 (h), which "prescribes requirements for the 

issue of airworthiness certificates" in relation to FAR C.F.R. 91.203(a)(1). The size, weight and 

enclosed operational area of the sUASs meets 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. Section (f)) and Section 333 ofthe Reform Act. These 

pieces oflegislation permit the FAA to exempt sUAS's from the airworthiness certificate requirement 

in consideration to weight, size, speed, maneuverability and proximity to areas such as airports or 

highly populated areas. 

Equivalent level of safety: Agriimage's proposed exemption meets the requirements for an equivalent 

level of safety of this section, pursuant to Section 333, based upon the following factor: 

• Small Size: 

• AgScout: The AgScout's external dimensions can be found in Exhibit 5. 

• AgScout Mini: The AgScout Mini's external dimensions can be found in Exhibit 11. 

• Light weight: 

• AgScout: 11 lbs. inclusive of battery and technical payload. 

• AgScout Mini: 5 lbs. inclusive of battery and technical payload. 

• Operate at relatively slow speed: 
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• AgScout and AgScout Mini: while the AgScout and AgScout Mini are capable of operating 

at speeds up to 30 mph (26 knots), flights will be limited to the slower speed of20 mph (17 

knots). 

• Operational capacity: 

• AgScout and AgScout Mini: the low battery failsafe is triggered in both of these units, as 

found in exhibit 3, when battery level is depleted to 84%. 

• Operating near airports: Agriimage will only operate in class G airspace, and will not operate within 

5 miles of an airport. If operation within 5 miles must take place, Agriimage will contact necessary 

officials at the airport to obtain permission to operate its unit. 

• Visual line of sight (VLOS): the PIC will always fly the sUAS within his line of sight. 

• Altitude: Agriimage will always operate no more than 400 feet AGL. 

• Operating near populated areas: Agriimage will only operate in Class G airspace in rural, natural 

areas. Due to the industry in which Agriimage serves, flights take place over rural farmland. These 

areas are typically far away from heavily populated areas. 

• Area in which the sUAS will be operated: The aircraft will operate in the area in which Agriimage 

has permission to operate within. The flight crew will watch for individuals and other aircraft 

entering the area. Flights will be aborted if flight crew notices any individuals or aircraft entering 

the area. 

B. 14 C.F.R. 45.23(b): Marking of the Aircraft. 

This regulation states the following: 

When marks include only the Roman capital letter "N" and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally certified aircraft, the 

operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in 

letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable. 

Agrilmage seeks exemption from 14 C.F.R. 45.23(b) due to the fact the AgScout does not have a 

cabin, cockpit, or pilot station on which the word "experimental" can be placed. The 2-inch lettering 

would not fit due to the size of the aircraft. However, in order to comply with 14 C.F.R. Section 

45.29(f), Agriimage will mark the fuselage with the word "Experimental." Agriimage will also mark 

one or more of the "arms" of the sUAS. The size of the marking will be determined by the size of the 

"arm" being used and may be less than 1 inch in size. 

Equivalent level of safety: Marking the fuselage as required by 14 C.F.R. 45.29(f) will meet the 

equivalent level of safety. It will allow the PIC, VO and others working with the sUAS will see the 

identification of the UAS as "Experimental." This request is consistent with the following exemptions 

to this regulation that the FAA has issued: Exemption Nos. 10700, 8738, 10167 and 10167A. 

C. 14 C.F.R. 61.113 (a)(b): Private Pilot Privileges and Limitations: Pilot in Command. 

Agriimage requests an exemption from 14 C.F.R. 61.113. The PIC ofthe sUAS does not possess 

either a private or commercial license. However, both sUASs are essentially model aircrafts. The 

AgScout weighs 11 lbs. inclusive of battery and technical payload, and the AgScout Mini weighs 5 lbs. 

inclusive of battery and technical payload. Agrilmage's sUASs will not carry any pilot or passengers, 

the area of operation is controlled and restricted, all flights will be planned in advance, and the 

maximum altitude will not exceed 400 feet AGL. A pilot license could be helpful, but a pilot license 

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will not ensure remote control piloting skills. The operation of Agriimage's sUAS are far less the risks 

than the risk levels inherent in the commercial activities outlined in 14 CFR part 61.113. 

The FAA previously granted exemption for this section for File No. 11138 (Exhibit 1). Agriimage 

requests the same determination to be made for this Petition. 

Equivalent level of safety: The sUASs do not carry pilot or passengers and will operate in 

controlled areas. Flights will not exceed 400 feet AGL. The sUASs are very light in weight, and they 

both contain failsafe features (Exhibit 3). The PIC, and the VO, have over 5 years of experience with 

RC aircraft, and have numerous hours flying sUAS as hobbyist. The flight crew are familiar with the 

unit and have knowledge of its operations. 

D. 14 C.F.R. 91.7(a): Civil aircraft worthiness. 

Agrilmage, LLC requests exemption from Section 91.7(a). As no such certificate will be applicable 

in the form contemplated by the F ARs, this Regulation is inapplicable. 

Equivalent level of safety: The PIC and VO assemble the sUAS from start to finish, which makes 

them the most qualified to confirm that the copters is in an airworthy mechanical and electrical 

condition. Thus, this exemption provides an equivalent level of safety to 14 C.F.R. 91.7(a) because the 

PIC and VO contain knowledge ofthe aircraft, which will enable them to make the determination as to 

the airworthy condition. 

E. 14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements. 

The FAA previously stated that no exemption is required for this section, Exhibit 1. Agrilmage requests 

the same determination to be made for this Petition. 

Alternatively, Agrilmage requests exemption from Section 91.9(b) (2) because the UAS does not 

contain any pilots or passenger on board, and due to the size of the UAS it is impossible to place an aircraft 

flight manual inside of the aircraft. To provide an equivalent level of safety, Agrilmage will maintain a 

safety flight manual with the UAS ground station, Exhibit 2. 

F. 14 C.F.R. 91.103(b)(2): Preflight action. 

Agrilmage, LLC requests exemption from Section 91.1 03(b )(2) because the UAS will not be operated 

at airports or require a runway for takeoff. To provide an equivalent level of safety, Agrilmage, LLC will 

make sure that all pre-flight safety instructions are followed. Agrilmage, LLC will ensure that the landing 

and take-off area ofthe UAS is clear of any obstructions, and that the user or observer is at least 15 feet 

away from the UAS at takeoff and landing. 

G. 14 C.F.R. 91.105: Flight crewmembers at stations. 

Agrilmage requests an exemption for 14 C.F.R. 91.105 due to the fact that the sUAS carries no flight 

crewmembers. 

Equivalent Level of Safety: Agriimage will achieve an equivalent level of safety by ensuring that 

someone is at the controls at all times. The flight crew will consist of the PIC and the VOs. These 

individuals will remain at their stations at all times during flight. These stations will be on the ground, not 

in the air. 

H. 14 C.F.R. 91.109(a): Flight Instruction 

These regulations provide that no person may operate a civil aircraft (except a manned free balloon) 

that is being used for flight instruction unless that aircraft has fully functioning dual controls. 
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The AgScout and AgScout Mini are remotely piloted aircraft and by design, does not have fully 

functional dual controls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. If needed during flight, the observer can easily gain control of 

the aircraft by commandeering the UAS' control unit. This serves as an equivalent level of safety for fully 

functioning dual controls. The FAA has approved exemptions for flight training without fully functional 

dual controls for number of aircraft and for flight instruction in experimental aircraft (See Exemption Nos. 

5778k & 9862A). Agriimage requests the same determination be made for this Petition. 

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

This Section establishes safe altitudes for operation of civil aircraft. 91.119( c) states the following: 

"Except when necessary for takeoff or landing, no person may operate an aircraft below the following 

altitudes ..... 

(c) Over other than congested areas. 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." 

The AgScout and AgScout Mini will never operate at higher than 400 feet AGL. They will, however, be 

operated to avoid congested or populated area. Because aerial survey work must be accomplished at 

relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91,119(c) is 

needed. The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the sUASs are built. Agriimage will operate the UAS under the following, self-imposed restrictions: 

o the UAS will not be operated over congested or populated areas, and will stay away from power lines, 

elevated lights, airports, and other relevant obstructions; 

o if flight is to be conducted within 5 miles of an airport, Agrilmage will contact respective airports and 

advise them of estimated flight time, flight duration, elevation of flight and other relevant flight 

information; 

o Agriimage will seek permission from land owner/controller prior to the beginning of every flight; 

o All operations will occur over private or controlled access property. 

Agriimage, will be flying over private agricultural land. These areas are secluded and are not 

considered to be congested or populated areas. Agriimage will also follow all safety requirements as 

mentioned in the user manual. Agriimage will not fly in congested and highly populated areas. Therefore, 

emergency landings can be performed without causing hazard to persons or property on the surface. The 

failsafe mechanism built into the UAS also ensures that safe landings will be performed. 

J. 14 C.F.R. 91.121: Altimeter Settings 

Agriimage requests exemption from 14 C.F.R. 91.121. The AgScout and AgScout Mini's flight 

controller both have an internal measurement unit ("IMU"). This is a built-in internal sensor and barometric 

altimeter that measures both attitude and altitude, Exhibit 2. Agriimage is not requesting a general 

exemption from the requirement that its sUAS have an Altimeter. However, Agrilmage requests an 

exemption from the requirement to set its altimeter to a station along the route, or out of an airport, because 

the AgScout and AgScout Mini will not be traveling from point-to-point and it has to remain in the VLOS 

of the PIC. Agrilmage will also not operate within 5 miles of an airport. 

Equivalent Level of Safety: Agrilmage will never exceed an altitude of 400 feet AGL and will not 

exceed the speed of 20 knots. The PIC and VO will be able to observe and control the maximum height of 

the sUAS through telemetry features of the transmitter and on the ground station monitor. Both the 

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AgScout and AgScout Mini, through the use of telemetry features, provide altitude information from the 

ground station monitor. The PIC will always keep the sUAS in VLOS. Therefore, Agrilmage will meet the 

equivalent level of safety provided by Section 91.121. The FAA has previously granted this exemption. 

Exhibit 2. 

K. 14 C.F.R. 91.151: Fuel Requirements for flight in VFR conditions. 

The AgScout and AgScout Mini are powered by lithium polymer batteries that currently have a 

flight time of no more than 30 minutes. Due to the limitations ofthe batteries, it is currently impossible to 

comply with 14 C.F.R. 91.151. During the flight, the PIC will keep the sUAS in VLOS while the VO 

observes the battery life via the telemetry display on the ground station monitor. 

Equivalent Level of Safety: The failsafe mechanisms is triggered in both of these units, as found in 

exhibit 3, when battery level is depleted to 84%. This meets an equivalent level of safety to 14 C.F.R. 

91.151 (a) due to limitations on Agriimage's proposed operations and locations of the operations, a reduced 

minimum power reserve for flight in daylight VFR conditions is reasonable. 

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

The regulations cited above require 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 ..... " 

The aforementioned regulations only apply to aircraft with an airworthiness certificate. Therefore, these 

regulations do not apply to Agrilmage's sUASs. 

Equivalent Level of Safety: This exemption will meet an equivalent level of safety to 14 C.F .R. 

91.405 (a); 407 (a)(l); 409 (a)(2); and 417 (a)&(b) because Agriimage will repair and maintain the 

AgScout and AgScout Mini by following the manufacturer's specifications. Exhibit 5 and Exhibit 11. 

Agrilmage will also conduct preflight inspections to ensure the sUAS is ready to fly. Agriimage will keep 

detailed maintenance record on every part as it is replaced, including but not limited to motors, propellers, 

batteries, and electrical components. 
VII. Exhibit List 

A. Exhibit 1: Douglas Trudeau, Docket No. FAA-2014-0481, Grant of Exemption (Jan. 

6, 2015) 

In the matter of the petition of 

DOUGLAS TRUDEAU, REALTOR® 

for an exemption from Part 21; and 

§§ 45.23(b); 61.113(a) & (b); 

91.7(a); 91.9(b)(2); 91.103(b); 

91.109; 91.119; 91.121, 91.151(a); 

91.203(a) & (b); 91.405(a); 91.407(a)(1); 

91.409(a)(2); and 91.417(a) & (b) of 

Title 14, Code of Federal Regulations 

Exemption No. 11138 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

Regulatory Docket No. FAA-2014-0481 

GRANT OF EXEMPTION 

By letter dated July 12, 2014, Mr. Douglas Trudeau, Realtor®, of Tierra Antigua Realty 

(Trudeau), 1650 E River Road, Suite 202, Tucson, AZ 85718 petitioned the Federal Aviation 

Administration (FAA) for an exemption from part 21, subpart H; and Sections 45.23(b), 

61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

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would allow Trudeau to operate the PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS) to conduct aerial 

videography and cinematography to enhance academic community awareness for those individuals and companies 

unfamiliar with the geographical layout ofthe metro Tucson area and augment real estate listing videos. 

The petitioner requests relief from the following regulations: 

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, 

airworthiness certificates, and airworthiness approvals. 

Section 45.23(b) prescribes that when marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the 

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operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less 

than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. Section 61.113(a) and (b) prescribes that-

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying 

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

an aircraft. 

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any 

business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. 

Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for determining whether that aircraft is 

in condition for safe flight and that the PIC shall discontinue the flight when unairworthy mechanical, electrical, or 

structural conditions occur. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the aircraft a current 

approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. 

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports of intended 

use, and takeoff and landing distance information. 

Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free balloon) 

that is being used for flight instruction unless that aircraft has fully functioning dual controls. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: 

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(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or 

property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of 

persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. 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. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. lfthe operation is conducted without hazard to 

persons or property on the surface-

(I) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, 

provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA; and 
(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in 

paragraph (c) ofthis section. 

Section 91.121 requires, in pertinent part, 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." 

Section 91.151(a) prescribes that no person may begin 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 [emphasis added]. 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an 

appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for 

operation within the United States, the second copy of the Aircraft registration Application as provided for in§ 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness 

certificate or a special flight authorization issued under§ 91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew. 

Section 91.40S(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as 

prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the 

same section, have discrepancies repaired as prescribed in part 43 of the chapter. 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized 

under§ 43.7 ofthe same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 

calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis 

chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that14 

(a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of 

this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, 

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records 

must include-

(i) A description (or reference to data acceptable to the Administrator) ofthe work performed; 

and 

(ii) The date of completion of the work performed; and 

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(iii) The signature, and certificate number of the person approving the aircraft for return to 

service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis. 

(iv)The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. lfthe AD 

or safety directive involves recurring action, the time and date when the next action is required. 

(vi)Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated or 

superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the 

aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under§ 43.11 of this chapter shall be 

retained until the defects are repaired and the aircraft is approved for return to service. 

The petitioner supports his request with the following information: 

The petitioner has provided the following information- contained in his petition and supporting documentation including: 

1) Supplemental Response for Petition, 2) PHANTOM Flying Flow Chart V1.0 (Simplified Version), PHANTOM Quick Start 

Manual v1.7, PHANTOM Advanced Manual v.1.4, 3) PHANTOM 2 Vision+ User Manual4) restricted areas map, 5) personal 

protocols and controls, and 6) Safety/Flight Manual (all hereinafter referred to as operating documents). 

The FAA has organized the petitioner's information into four sections: 1) the unmanned aircraft system (UAS), 2) the UAS 

Pilot In Command (PIC), 3) the UAS operating parameters and 4) Public Interest. 

Unmanned Aircraft System 

The petitioner states he plans to operate a UAS, the PHANTOM 2 Vision+, which is comprised of an unmanned aircraft (UA 

or PHANTOM) and a transportable ground station. The PHANTOM is referred to as a quad-copter with a maximum gross 

weight of about 3 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. 

The UA has a maximum airspeed of 30 knots. Petitioner plans to attach a small ultra lightweight Go Pro 3+ camera to his UA 

and operate the UA over various areas near Tucson, Arizona to enhance academic community awareness and augment real 

estate listing videos. Petitioner makes the following representations of operational enhancements which he proposes to 

abide by to ensure this exemption will provide a level of safety at least equal to existing rules: 

15 
He will only operate in reasonably safe environments that are strictly controlled, are away from power lines, 

elevated lights, airports and actively populated areas; and 

• He will conduct extensive preflight inspections and protocols, during which safety carries primary importance. 

The petitioner states that given the size, weight, speed, and limited operating area associated with the aircraft to be utilized 

by him, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and§ 91.203 (a) and (b) (Certifications 

required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of 

safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333). 

Petitioner requests an exemption from§ 45.23 Marking of the aircraft because his UA will not have a cabin, cockpit or pilot 

station on which to mark certain words or phrases. Further, he states that two-inch lettering is difficult to place on such a 

small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, petitioner states that he 

will mark his UAS in the largest possible lettering by placing the word "Experimental" on its fuselage as required by§ 

45.29(f) so that he or anyone assisting him as a spotter will see the markings. 

The petitioner states that an exemption from§§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance 

inspections may be required and should be granted since they only apply to aircraft with an airworthiness certificate. 

However, the petitioner states as a safety precaution he will perform a preflight inspection of his UAS before each flight as 

outlined in his operating documents. 

UAS Pilot in Command (PIC) 

The petitioner asserts that under§ 61.113 (a) and (b) private pilots are limited to noncommercial operations, however he 

can achieve an equivalent level of safety as achieved by current regulations because his UAS does not carry any pilots or 

passengers. Further, he states that, while helpful, a pilot license will not ensure remote control piloting skills. He further 

indicates that the risks of operating a UAS are far less than the risk levels inherent in the commercial activities outlined in 14 

CFR part 61, et seq., thus he requests an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in 

command. 

Regarding UAS operational training, the petitioner states he has flown numerous practice flights in remote areas as a 

hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of his UAS' performance 

under different temperature and weather conditions. He further states that he practices computerized simulated flights to 

maintain adequate skills and response reflex time. 

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' In a supplemental request to the FAA, the petitioner requests consideration of a 120 day temporary airman certificate in J 

accordance with § 63.13, to allow him time to obtain a private pilot certificate or to allow the FAA time to establish 

minimum UAS airman certification standards. 

UAS Operating Parameters 

The petitioner states that he will abide by the following additional operating conditions under this exemption: 

• operate his UAS below 300 feet and within a radius distance of 1000 feet from the controller to both aid in direct 

line of sight visual observation; 1 

operate the UAS for 3-7 minutes per flight; 

land his UAS prior to the manufacturer's recommended minimum level of battery power; 

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

1 As specified in Douglas Trudeau Supplementary Information No.2 

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use the UAS' global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if 

communication with the remote control pilot is lost; 

conduct all operations under his own personal and flight safety protocols (including posting a warning sign reading: 

"Attention Aerial Photography in Progress- Remain Back 150 feet") contained in the operating documents and will 

actively analyze flight data and other sources of information to constantly update and enhance his safety protocols; 

contact respective airports if operations will be within 5 miles to advise them of his estimated flight time, flight 

duration, elevation of flight and other pertinent information; 

always obtain all necessary permissions prior to operation; and 

have procedures in place to abort flights in the event of safety breaches or potential danger. 

Petitioner states that§ 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. The petitioner 

asserts that since there is currently no certificate applicable to his operation, this regulation is inapplicable. 

Petitioner states that§ 91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no pilots or 

passengers on board his aircraft and given its size, this regulation is inapplicable. He further indicates an equivalent level of 

safety will be achieved by maintaining a safety/flight manual with the UAS ground station. 

Although petitioner requests an exemption from § 91.103(b) Preflight action, he provides no information supporting his 

request. 

Similarly, the petitioner requests an exemption from§ 91.109 Flight instruction; simulated instrument flight and certain 

flight test, and provides no information indicating how safety will be maintained if an exemption to this section is granted. 

Petitioner states that§ 91.119 prescribes safe altitudes for the operation of civil aircraft, but that it allows helicopters to be 

operated at lower altitudes in certain conditions. Petitioner states he will not operate his UAS above the altitude of 300 

feet above ground level (AGL) and will also only operate in safe areas away from the public and traffic, thus "providing a 

level of safety at least equivalent to or below those in relation to minimum safe altitudes." The petitioner asserts that given 

the size, weight, maneuverability, and speed of his UAS, an equivalent or higher level of safety will be achieved. 

Petitioner indicates that§ 91.121 Altimeter settings is inapplicable since he UAS utilizes electronic GPS with a barometric 

sensor. 

While petitioner requests an exemption from§ 91.151(a) Fuel requirements for flight in VFR conditions, he provides no 

information supporting his request for this exemption. 

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The petitioner states that aerial videography for geographical awareness and for real estate marketing has been around for 

a long time through manned fixed wing aircraft and helicopters, but for small business owners, its expense has been costprohibitive. Granting this exemption to the petitioner would allow him to provide this service at a much lower cost. 

Further, the petitioner indicates his small UAS will pose no threat to the public given its small size and lack of combustible 

fuel when compared to larger manned aircraft. The petitioner also states that the operation of his UAS will minimize 

ecological damage and promote economic growth by providing information to companies looking to relocate or build in the 

Tucson metro area. 

Discussion of Public Comments: 

17 
A summary of the petition was published in the Federal Register on August 8, 2014 (79 FR 46500). The petition 

received five comments. During the comment period, the petitioner submitted supplemental information in 

response to several ofthe comments. 

Ofthe five comments received, including four from trade organizations and one submitted by an individual, three raised 

concerns with the petition and one was specifically opposed. The other two supported the petition. Three trade 

organizations submitted letters expressing various concerns with the petition for exemption, including the Air Line Pilots 

Association International (ALPA), the National Agricultural Aviation Association (NAAA), and the United States Hang Gliding 

& Paragliding Association (USHPA). 

ALPA expressed concern regarding certain conditions outlined in Trudeau's petition. ALPA noted that the proposed 

operations will be for "compensation or hire," and believes the UAS pilot must hold at least a current FAA Commercial Pilot 

Certificate with an appropriate category and class rating for the type of aircraft being flown and a current second-class 

airman medical certificate. ALPA also noted that this is the requirement for compensation or hire operations in the National 

Airspace System (NAS) today. NAAA and USHPA raised similar concerns on pilot qualification. NAAA and USHPA asserted 

that the operator should hold a pilot certificate and be thoroughly familiar with the limitations of manned aircraft flight. 

NAAA further stated that requirements for UAS pilot licensing should be developed along with other rigorous rules and 

qualifications to ensure safe integration ofthe unmanned aircraft into the NAS. The Small UAV Coalition (Coalition) 

disagreed with ALPA, NAAA and USHPA, asserting that a pilot certification should not be required for small unmanned 

operations such as the petitioner's. 

The FAA has carefully reviewed the concerns expressed in these comments and the discussion regarding knowledge, 

training, and medical certification required by holders of both private and commercial pilot certificates. Additional details 

are available in the ensuing analysis of this issue with regard to 14 CFR part 61. 

ALPA stated that the petitioner asserts that although he plans to fly below 300 feet above the surface and will generally not 

operate near populated areas, he also states he plans to survey real estate development which ALPA believes are by 

definition populated areas. ALPA also stated that the petitioner's area of operations as outlined in his exhibits show he 

would be within the airport traffic area of both Tucson International Airport and Davis-Monthan AFB. ALPA also raised 

concerns about whether the petitioner's UAS' barometric sensor will enable him to accurately address his altitude 

restrictions. ALPA also asserted that processes or mitigations, such as redundant control capability, fail-safe systems, and 

backups, and specific, validated procedures for system and equipment failures, must be in place to ensure the aircraft and 

its control system(s) operate to the same level of safety as other aircraft operated commercially in the NAS. NAAA stated 

commercial UAS should have to receive airworthiness certification by the FAA to ensure they can safely operate in the NAS 

without posing a hazard to persons or property. 

ALPA commented that command and control (C2) link failures are one of the most common failures on a UAS, and that lost 

link mitigations should require safe modes to prevent UA fly-away or other scenarios. If lost-link occurs, mitigations like 

auto-hover, auto-land, returnto-home and gee-fencing boundary protection must be incorporated into the navigation and 

control systems for the UAS to safely land or re-establish C2. 

The FAA agrees and carefully examined the proposed operation to ensure that the vehicle design and the petitioner's 

supporting documentation addressed potential hazards related to C2 failure. The FAA finds that the UAS to be operated by 

Trudeau has sufficient design features to address these hazards. Further detail is contained in the analysis of the UAS 

below. 

Regarding use ofthe NAS, ALPA noted there must be means to ensure the UA remains within the defined airspace and to 

ensure the hazard of other aircraft intruding on the operation is mitigated. ALPA stated given the absence of an on board 

pilot, the means to meet the requirements to "see and avoid" must be specified. ALPA also expressed concern, stating that 

"because the waiver request is not for a specific operation but rather for all operations ofthe same general type, the FAA's 

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oversight task is considerably increased." Per the conditions and limitations below, the FAA has prescribed operator, pilot 

and notification requirements to ensure that appropriate oversight can occur. 

The FAA agrees and has required specific conditions and limitations outlined below related to the use of a visual observer, 

that the pilot be a current FAA certificated private pilot and that a notice-to-airmen (NOT AM) be issued prior to operations. 

NAAA stated that it represents the interests of small business owners and pilots licensed as commercial applicators and 

ensuring safe low-level airspace includes minimizing obstructions which are difficult to be seen and identified by the pilots. 

NAAA members operate in lowlevel airspace, and clear low-level airspace is vital to the safety of these operators. NAAA 

stated that seeing and avoiding other aircraft and hazardous obstructions is the backbone for agricultural safety, and 

agricultural pilots depend on pilots of other aircraft to perform their see and avoid functions needed to prevent collisions. 

NAAA believes that UA operations at low altitudes will increase the potential of collision hazards with agricultural aircraft. 

NAAA requested that operators of UAS develop ways of making the presence of UAS known to VFR air traffic if they are to 

be integrated into the NAS and, for areas with less UAS activity, recommended a procedure for issuing NOTAMs when they 

are present. 

The FAA agrees and has incorporated this into the conditions and limitations ofthis exemption. NAAA's notification 

concerns are also addressed by the conditions and limitations that will require an Air Traffic Organization issued Certificate 

of Waiver or Authorization (COA) to address airspace requirements and notification. Further detail is contained in the 

analysis ofthe UAS operating parameters below. 

NAAA proposed UAS comply with 13 measures similar to those presented by the North Dakota Agricultural Aviation 

Association to the North Dakota Department of Commerce, the organization awarded the North Dakota UAS test site. 

The FAA believes the limitations under which the petitioner will operate (i.e. VLOS and at or below 300 feet AGL) and the 

UAS emergency procedures as outlined in the petitioner's supplemental documentation are sufficient mitigations to this 

risk so that the operations will not adversely affect safety. Further, the FAA addressed additional concerns raised by NAAA 

by adding operating conditions and limitations regarding operations in the proximity of airports, stand-off distance from 

clouds, altitude restrictions, and operating distance from nonparticipating persons. Further detail is contained in the 

analysis ofthe UAS operating parameters below. 

The USHPA also raised concerns about the identification marking regulations as well as the petitioner's need to coordinate 

his operations with airports and comply with local and state notification regulations associated with his type of activity. 

Commenter James Lee wrote in support of Trudeau's petition, so long as he does not fly higher than 200 feet within a 

quarter mile from an airport or any flight path or flight operation and never flies above 400 feet AGL. 

The FAA considered USHPA's and Mr. Lee's concerns and included conditions and limitations to address these issues as 

outlined below. 

Lastly, the Small UAV Coalition submitted extensive comments supporting the petition. These included suggestions that the 

FAA: apply regulations differently to small UAVs versus those in the air transport category, not require all seven factors 

outlined in Section 333 as a prerequisite for every exemption (i.e. beyond visual line of sight (VLOS); weight; size, altitude, 

airspace, geographic area, and proposed technology), and consider Trudeau's safety protocols including his posting of signs 

warning of flights as sufficient to enable operations in populated areas. Regarding use in the NAS, the Small UAV Coalition 

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stated, in part, that the FAA's safety evaluation of UAV operations should not hinge on the type of operation (i.e. public, 

commercial, recreational or philanthropic) rather operational risks and steps that can be taken to eliminate or reduce such 

risks. The Small UAV Coalition also commended the petitioner for developing a "Personal Protocols and Controls" document 

that details how he will contact any airport within a 5 mile radius in advance of his proposed UAV operation. 

The FAA's analysis is as follows: 

Unmanned aircraft system (UAS) 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts. In accordance with the 

statutory criteria provided in Section 333 of P.L. 112-95 in reference to 49 USC§ 44704, and in consideration ofthe 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 21, and any associated noise certification and testing requirements of part 36, is not necessary. 

Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or more, are operated by an onboard pilot 

and may carry other on board crewmembers, as well as 100 gallons or more offuel. The petitioner's UA weighs less than 3 

lbs. The pilot and crew will be remotely located from the aircraft. The limited weight reduces the potential for harm to 

persons or damage to property in the event of an incident or accident. The risk to an on board pilot and crew during an 

incident or accident is eliminated with the use of a UAS for the proposed operation. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The Phantom 2 Vision+ carries no 

fuet and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. 

This exemption does not require an electronic means to monitor and communicate with other aircraft, such as 

transponders or sense and avoid technology. Rather the FAA is mitigating the risk of these operations by placing limits on 

altitude, requiring stand-off distance from clouds, permitting daytime operations only, and requiring that the UA be 

operated within VLOS and yield right of way to all manned operations. Additionally, the exemption provides that the 

operator will request a notice to airmen (NOT AM) prior to operations to alert other users of the NAS. These mitigations 

address concerns raised by NAAA and ALPA regarding awareness of UAS operations occurring in the airspace 

The petitioner's UAS has the capability to operate safely after experiencing certain in-flight contingencies or failures and 

uses an auto-pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lostlink event with pre-coordinated automated flight maneuvers. These safety features provide an equivalent level of safety 

compared to a manned aircraft holding a restricted airworthiness certificate performing a similar operation and address 

concerns raised by ALPA and NAAA. 

Regarding the petitioner's requested relief from 14 CFR 45.23(bL Display of marks, the petitioner requests this relief under 

the assumption that marking with the word "experimental" will be required as a condition of a grant of exemption. 

However, this marking is reserved for aircraft that are issued experimental certificates under 14 CFR 21.191. The 

petitioner's UAS will not be certificated under§ 21.191, and therefore the "experimental" marking is not required. Since the 

petitioner's UAS will not be certificated under§ 21.191, a grant of exemption for§ 45.23(b) is not necessary. 

Regarding the petitioner's requested relief from 14 CFR 91.405(aL Maintenance required, 

91.407(a)(1L Operation after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2L Inspections, and 

91.417(a) and (bL Maintenance records, the FAA has determined that relief from§ 91.409(a)(1) is also necessary because it 

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is an alternate inspection requirement of§ 91.409(a)(2). The petitioner proposes to inspect and ensure that the UAS is in a 

condition for safe flight. 

Therefore, the FAA finds that adherence to the petitioner's operating documents and the conditions and limitations below, 

describing the requirements for maintenance, inspection, and record keeping, are sufficient to ensure that safety is not 

adversely affected. Accordingly, the FAA finds that exemption from 14 CFR 91.40S(a), 91.407(a)(1), 91.409(a)(1) and (2), 

and 91.417(a) and (b) is warranted. 

Pilot In Command (PIC) of the UAS 

Regarding the petitioner's requested relief from 14 CFR 61.113(a) and (b), Private pilot privileges and limitations, the 

petitioner requested regulatory relief to operate his UAS without an FAA-certificated pilot. In support of his request, the 

petitioner states that "while helpful, a pilot license will not ensure remote control piloting skills." However, the FAA does 

not possess the authority to exempt the petitioner from the statutory requirement to hold an airman certificate, as 

prescribed in 49 USC§ 44711.2 Although Section 333 provides limited statutory flexibility relative to 49 USC§ 44704 for the 

purposes of airworthiness certification, it does not provide similar flexibility relative to other sections of Title 49. 

Unlike operations pursuant to public COAs, the FAA is also requiring a pilot certificate for UAS operations for two reasons, 

the first of which is to satisfy the statutory requirements as stated above. The second is because pilots holding an FAA 

issued private or commercial pilot certificate are subject to the security screening by the Department of Homeland Security 

that certificated airmen undergo. As previously determined by the Secretary of Transportation, the requirement to have an 

airman certificate ameliorates security concerns over civil UAS operations conducted in accordance with Section 333. 

Given these grounds, the FAA must determine the appropriate level of pilot certification for the petitioner's proposed 

operation. 

Under current regulations, civil operations for compensation or hire require a PIC holding a commercial pilot certificate per 

14 CFR part 61. Based on the private pilot limitations in accordance with pertinent parts of 14 CFR 61.113(a) and (b), a pilot 

holding a private pilot certificate cannot act as a PIC of an aircraft for compensation or hire unless the flight is only 

incidental to a business or employment. However, in Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

determined that a PIC with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in 

the NAS or present a hazard to persons or property on the ground. 

As discussed above, the petition received three comments registering concern about pilot certification. ALPA stated its 

opposition to the proposed operation by a non-certificated pilot without a required medical certificate. ALPA believes that 

the operation should be conducted by a PIC holding a current FAA commercial pilot certificate with an appropriate category 

and class rating for the type of aircraft being flown and a current second-class airman medical certificate. NAAA stated that 

the UAS pilot should be a commercial pilot or have similar training and can demonstrate knowledge of aviation safety and 

communication procedures. USHPA stated that since the petitioner has not indicated any restriction to location of his 

operations, nor his knowledge of airspace rules, and because his operations would constitute commercial operations, he 

should be required to meet that level of certification. 

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) or appliance used, or intended for use, in air commerce ... without an airman certificate authorizing the airman to serve in the capacity for 

which the certificate was issued .... ". 

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The FAA has analyzed the petitioner's proposed operation, considered the comments above, and determined it does not 

differ significantly from the situation described in Grant of Exemption No. 11062 (Astraeus). The petitioner plans to operate 

in the NAS over private property while also limiting access to the property at times he is operating the UA. Given: 1) the 

similar nature of the petitioner's proposed operating environment to that of Astraeus, 2) the parallel nature of private pilot 

aeronautical knowledge requirements to those of commercial requirements [ref: Exemption No. 11062L and 3) the 

airmanship skills necessary to operate the UAS, the FAA finds that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for the petitioner's proposed 

operations. Therefore, the FAA finds that a PIC holding a private pilot certificate and a third-class airman medical certificate 

is appropriate for the proposed operations. 

With regard to the airmanship skills necessary to operate the UAS, the petitioner has provided no training program, 

minimum flight time hours, or test standards to demonstrate his capability to meet some of the conditions and limitations 

below including avoiding hazards, reacting to emergencies, or maintaining specific distances from persons or property. The 

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petitioner indicates he avoids risks that may cause a crash and that he has flown numerous practice flights in remote areas ) 

as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics and performance of 

this UAS under different temperature and wind conditions. He also mentions his computerized simulated flights to 

maintain adequate skills and response reflex time. 

Since the petitioner provides no information regarding a training program, minimum flight 

time hours, or test standards to demonstrate his capability to operate safely, and in response to concerns raised by ALPA, 

NAAA, and USHPA, the FAA reviewed the minimum requirements for providing a waiver to manned operations under 14 

CFR 91.119. While this process applies to an operator seeking a waiver rather than an exemption, the exemption process is 

similar. Manned operations that require relief from 14 CFR 91.119 in the form of a waiver have established minimum 

requirements for pilot personnel (PIC). 3 

1) at least 500 hours logged as the PIC and at least 20 hours logged as the PIC in the aircraft type; 

2) a minimum of 25 hours (or 100 hours in the case of motion picture operations) in the same category and class of 

aircraft to be used; and 

3) a minimum of 5 hours in the make and model aircraft to be used under the waiver. 

However, given the relative size, weight, speed and operating parameters of the proposed UAS operations and its 

accompanying reduction in risk to persons and property when compared to manned operations, these minimum 

requirements should be reduced, but not eliminated. UAS operators still need to establish airmanship skills in order to 

meet the conditions and limitations listed below such as the ability to maneuver near but maintain specific distances from 

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persons and property, respond to unexpected emergencies, or avoid objects as well as the ability to avoid potential \ 

conflicts with manned aircraft. In consideration of the above, the FAA must determine the appropriate level of pilot flight 

hours necessary to qualify the PIC for the petitioner's proposed operations. The FAA has considered minimum skills and 

associated flight-hours necessary to practice and build proficiency in these skills. The petitioner is responsible for assessing 

its operations and identifying any additional skills required to operate safely under normal and abnormal conditions. 

Normal condition skills may include the ability to maintain altitude, maintain VLOS, and navigational skills. Abnormal 

condition skills may include the ability to avoid obstacles, avoid air traffic, and respond to loss of link. 

In making its determination the FAA considered the requirements proposed by Astraeus in Exemption No. 11062. The FAA 

notes that the petitioner's proposed operation is similar to that authorized in Exemption No. 11062 because both include 

3 FAA Order 8900.1, Volume 3, Chapter 7, Section 1 Issue a Certificate of Waiver or Authorization:§ 9 I. I 19(b) and/or (c) (Minimum 

Safe Altitudes) and FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Issue a Certificate of Waiver for Motion Picture and Television 

Filming. 

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operations closer than 500 feet from persons, vessels, vehicles, and structures. In Exemption No. 11062, the FAA required 

that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 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 to operations under Exemption No. 11062, 

the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model 

of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour 

requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of 

multi rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour 

requirements, the PIC must accomplish 3 take-offs and landings in the preceding 90 days (for currency purposes). The FAA 

finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior 

documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish 

the required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the UA 

with appropriate distances in accordance with 14 CFR 91.119. 

The flight-hours above are considered appropriate given the circumstances of the proposed operation and the description 

provided by the petitioner of the preparations he has undertaken to conduct the UAS operation safely. The petitioner may 

determine through its safety assessment that additional hours are necessary to address all potential flight hazards and 

requisite airmanship skills. Consequently, the FAA has included in the conditions and limitations below that the petitioner 

may not permit any PIC to operate unless that PIC is able 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. 

In conclusion, the FAA finds that prior to operations the PIC must, at a minimum, hold a private pilot certificate, a third-class 

airman medical certificate, and completed the minimum flight hour and currency requirements as stated in the conditions 

and limitations below. Thus, the FAA finds relief from 14 CFR 61.113(a) and (b) is warranted. 

In a supplemental request to the FAA, the petitioner requests consideration of a 120 day temporary airman certificate in 

accordance with 14 CFR 63.13, to allow him time to obtain a private pilot certificate. The requested relief is not applicable 

to pilot certificates because, 14 CFR 63.1, Applicability, states this part prescribes the requirements for issuing flight 

engineer and flight navigator certificates and the general operating rules for holders of those certificates, only. Thus, 14 

CFR 63.13 does not provide a basis from which to issue a temporary pilot certificate as requested by the petitioner and the 

requested relief is denied. 

The petitioner has also indicated he will supplement his proposed operation(s) with a spotter, hereafter referred to as a 

visual observer (VO). The conditions and limitations below stipulate that the PIC must ensure that the VO can perform the 

functions prescribed in the operating documents. Additionally, as discussed in Exemption No. 11109 to Clayco, Inc., there 

are no regulatory requirements for visual observer medical certificates. Although a medical certificate is not required for a 

VO, the UA must never be operated beyond the actual visual capabilities of the VO, and the VO and PIC must have the 

ability to maintain visual line of sight (VLOS) with the UA at all times. It is the responsibility of the PIC to be aware of the 

VO's visual limitations and limit operations ofthe UA to distances within the visual capabilities of both the PIC and VO. 

Moreover, the VO will not be operating the aircraft. Therefore, as in Grant of Exemption No. 11062 to Astraeus, the FAA 

does not consider a medical certificate necessary for the VO. 

Operating parameters of the UAS 

23 
Regarding the petitioner's requested relieffrom 14 CFR 91.7(a) Civil aircraft airworthiness, petitioner's request is based on 

his belief that since no FAA regulatory standard exists for determining airworthiness of the UAS, the regulation is 

inapplicable. While the petitioner's UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, 

Subpart H, the FAA considers the petitioner's compliance with his operating documents to be sufficient means for 

determining an airworthy condition. Therefore, relief from § 91.7(a) is granted. The petitioner is still required to ensure 

that his aircraft is in an airworthy condition- based on compliance with the operating documents prior to every flight, and 

as stated in the conditions and limitations below. 

Additionally, in accordance with 14 CFR 91.7(b), the PIC ofthe UAS is responsible for determining whether the aircraft is in a 

condition for safe flight. The FAA finds that the PIC can comply with this requirement, therefore relief from§ 91.7(b) is not 

necessary. 

Regarding the petitioner's requested relief from 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements 

and 14 CFR 91.203(a) and (b) Civil aircraft: 

Certifications required, the FAA has previously determined that relief from these sections is not necessary. Relevant 

materials may be kept in a location accessible to the PIC in compliance with the regulations. 

Regarding the petitioner's requested relief from 14 CFR 91.103, Preflight Action, the petitioner requires each PIC to take 

certain actions before flight to ensure the safety ofthe flight. The exemption is needed because the pilot will take separate 

preflight actions as referenced in the operating documents. Although there will be no approved Airplane or Rotorcraft 

Flight Manual available, the FAA believes that the petitioner can comply with the other applicable requirements in 14 CFR 

91.103(b)(2). The procedures outlined in the operating documents address the FAA's concerns regarding compliance with § 

91.103(b). The PIC will take all actions including reviewing weather, flight battery requirements, landings, and takeoff 

distances and aircraft performance data before initiation of flight. The FAA has imposed stricter requirements with regard 

to visibility and distance from clouds; this is to both keep the UA from departing the VLOS and to preclude the UA from 

operating in the NAS. The FAA also notes the risks associated with sun glare; the FAA believes that the PIC's and VO's ability 

to still see other air traffic, combined with the PIC's ability to initiate a return-to-home sequence, are sufficient mitigations 

in this respect. The PIC will also account for all relevant site-specific conditions in his or her preflight procedures. 

Therefore, the FAA finds that exemption from 14 CFR 91.103 is not necessary. 

Regarding the petitioner's requested relief from 14 CFR 91.109(a), Flight instruction; Simulated instrument flight and certain 

flight tests, the petitioner did not describe training scenarios in which a dual set of controls would be utilized or required, 

i.e. dual flight instruction, provided by a flight instructor or other company-designated individual, that would require that 

individual to have fully functioning dual controls. Rather, the petitioner refers to his "numerous practice flights in remote 

areas as a hobbyist." But, as outlined above, the FAA is requiring that the petitioner's PIC possess at least a private pilot's 

certificate. Also, the currency requirements expressed in the conditions and limitations below will help ensure that a PIC 

training on the UAS has the authority to operate the UAS during training flights as PIC in accordance with§ 61.31(1). The 

FAA will impose a limitation that those training operations are only conducted during dedicated training sessions. As such, 

the FAA finds that the petitioner can conduct his operations without the requested relief from § 91.109. 

The petitioner's requested relief from 14 CFR 91.119, Minimum safe altitudes, relief from§ 91.119(a), which requires 

operating at an altitude that allows a safe emergency landing if a power unit fails, is not granted. The FAA expects the 

petitioner to be able to perform an emergency landing without undue hazard to persons or property on the surface if 

a power unit fails. Relief from§ 91.119(b), operation over congested areas, is not granted, because, as discussed below, 

operations over congested areas will not be permitted under this exemption. 

Relief from§ 91.119(c) is necessary because the aircraft will be operated at altitudes below 300 feet AGL. Section 91.119(c) 

states that no person may operate an aircraft below the following altitudes: over other than congested areas, an altitude of 

500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be 

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operated closer than 500 feet to any person, vessel, vehicle, or structure. The petitioner states that he will operate 

pursuant to the following, self-imposed restrictions related to§ 91.119: 

• 

• 

operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, 

airports and actively populated areas away from public and traffic; 

conduct all operations under his own personal safety protocols (including posting a warning sign reading: 

"Attention Aerial Photography in Progress- Remain Back 150 Feet") contained in the operating documents and will 

actively analyze flight data and other sources of information to constantly update and enhance his safety protocols; 

contact respective airports if operations will be within 5 miles to advise them of his estimated flight time, flight 

duration, elevation offlight and other pertinent information; and 

always obtain all necessary permissions prior to operation . 

The petitioner proposes to avoid "actively populated areas" but does not explain how these areas are determined. As in 

Exemption No. 11110 (Trimble Navigation, Ltd.), the FAA notes that avoidance of areas which are depicted in "yellow" on 

VFR charts is a practicable step in assuring that operations are not conducted over congested or densely populated areas. 

However, using these "yellow" areas solely to make this determination is not sufficient. Pilots may obtain information 

regarding congested areas from the local Flight Standards District Office (FSDO). Therefore, operations over congested or 

densely populated areas are prohibited as stated in the conditions and limitations below. 

The petitioner did not describe stand-off distances from persons, vessels, vehicles and structures. Section 91.119(c) 

requires that aircraft operate no closer than 500 feet to these persons or objects. As discussed in Exemption No. 11109 

(Ciayco, Inc.), operations conducted closer than 500 feet to the ground may require that the UA be operated closer than 

500 feet to essential persons, or objects that would not be possible without additional relief. Therefore, the FAA is 

requiring that prior to conducting UAS operations, all persons not essential to flight operations (nonparticipating persons) 

must remain at appropriate distances. In open areas, this requires the UA to remain 500 feet from all persons other than 

essential flight personnel (i.e. PIC, VO, operator trainees or essential persons). The FAA has also considered the UA's 

maximum gross weight of approximately 3 pounds. If barriers or structures are present that can sufficiently protect 

nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet 

to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, 

flight operations must cease immediately. When considering how to immediately cease operations, the primary concern is 

the safety of those nonparticipating persons. In addition, the FAA finds that operations may be conducted closer than 500 

feet to vessels, vehicles and structures when the owner/controller of any such vessels, vehicles or structures grants 

permission for the operation and the PIC makes a safety assessment of the risk of operating closer to those objects and 

determines that it does not present an undue hazard. 

Thus, the FAA finds that relief from§ 91.119(c) is warranted provided adherence to the procedures in the operating 

documents and the FAA's additional conditions and limitations outlined below. Relief from § 91.119(a) is unwarranted as 

the FAA expects the petitioner to be able to perform an emergency landing without undue hazard to persons or property 

on the surface. Relief from §§ 91.119(b) is not granted and 91.119(d) is not applicable. 

Regarding the petitioner's requested relief from 14 CFR 91.121Altimeter Settings, the petitioner has a barometric altimeter 

and GPS derived altitude capabilities. However, as stated in the conditions and limitations below, the FAA requires any 

altitude reported to ATC to be in feet AGL. The petitioner may choose to set the altimeter to zero feet AGL rather than local 

barometric pressure or field altitude before flight. Considering the limited altitude of the proposed operations, relief from 

14 CFR 91.121 is granted to the extent necessary to comply with the applicable conditions and limitations stated below. 

Regarding the petitioner's requested relief from§ 91.151 (a) Fuel requirements for flight in VFR conditions, prior relief has 

been granted for manned aircraft to operate at less than prescribed minimums, including Exemption Nos. 2689, 5745, and 

10650. In addition, similar UAS-specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR 

25 
conditions. The petitioner's only reference to this section is his commitment to land the UAS prior to the manufacturer's 

recommended minimum level of battery power. The operating documents indicate that two low-voltage (low battery) J 

alerts are issued- warning that the first alert should be followed (30%- low battery level warning). Further, the petitioner ', 

has indicated his flights will last only 3-7 minutes each. Also, the UAS has an automated function which results in '> 

immediate landing when a low battery is detected. These factors provide the FAA with sufficient reason to grant the relief 

from 14 CFR 91.151(a) as requested in accordance with the conditions and limitations below, that prohibit the PIC from 

beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point 

of intended landing and, assuming normal cruising speed, land the UA with 30% battery power remaining. 

Regarding an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COAL the majority of current UAS 

operations occurring in the NAS are being coordinated through Air Traffic Control (ATC) by the issuance of a COA. This is an 

existing process that not only makes local ATC facilities aware of UAS operations, but also provides ATC the ability to 

consider airspace issues that are unique to UAS operations. The COA will require the operator to request a NOT AM, which 

is the mechanism for alerting other users of the NAS to the UAS activities being conducted. The conditions and limitations 

below prescribe the requirement for the petitioner to obtain an A TO-issued COA. 

Public Interest 

The FAA finds that a grant of exemption is in the public interest. The enhanced safety and reduced environmental impact 

achieved using a 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. The following table summarizes the FAA's 

determinations regarding the relief sought by the petitioner: 

R'~liefconsiaered (14 CFR) FAAd~termination(14CFR)'> ''.'''\ ·' \ 

Part 21 Relief not necessary 

45.23(b) Relief not necessary 

61.113(a) and (b) 

Relief granted with conditions and limitations 

63.13 Relief not granted 

91.7(a) Relief granted with conditions and limitations 

91.9(b)(2) Relief not necessary 

91.103{b) Relief not necessary 

91.109 Relief not necessary 

91.119 Paragraph (c) granted with conditions and 

limitations 

91.121 

Relief granted with conditions and limitations 

91.151(a) Paragraph 91.151(a)(1), day, granted with 

conditions and limitations 

91.203(a) and (b) Relief not necessary 

91.405(a) Relief granted with conditions and 

Relief considered {14 CFR) FAA determination (14 CFR) 

limitations 

91.407(a)(1) Relief granted with conditions and limitations 

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91.409(a)(1) and (2) Relief granted with conditions and limitations 

91.417(a) and (b) Relief granted with conditions and limitations 

The FAA's 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. Douglas Trudeau, 

Realtor®, ofTierra Antigua Realty, is granted an exemption from 14 CFR 61.113(a) and (b), 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 petitioner 

to operate an unmanned aircraft systems (UAS) for the purpose of aerial videography/cinematography and augment real 

estate listing videos. This exemption is subject to the conditions and limitations listed below. 

Conditions and Limitations 

Relative to this grant of exemption, Trudeau is hereafter referred to as the operator. 

The following documents provided by the operator in its petition, 1) Supplemental Response for Petition, 2) PHANTOM 

Flying Flow Chart V1.0 (Simplified Version), PHANTOM Quick 

Start Manual v1.7, PHANTOM Advanced Manual v.1.4, 3) PHANTOM 2 Vision+ User Manual4) restricted areas map, 5) 

personal protocols and controls, and 6) Safety/Flight Manual, are hereinafter referred to as operating documents. 

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. 

27 

1) Operations authorized by this grant of exemption are limited to the following aircraft described in the operating 

documents which is a quad-rotor aircraft weighing less than 3 pounds: PHANTOM 2 Vision+ Unmanned Aircraft 

System. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 

2) The UA may not be flown at an indicated airspeed exceeding 30 knots. 

3) The UA must be operated at an altitude of no more than 300 feet above ground level (AGL), as indicated by the 

procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL. 

4) The UA must be operated within visual line of sight (VLOS) ofthe 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) All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of 

the 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. 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 functions prescribed in the operating documents. 

6) The operating documents and this grant of exemption 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 upon request. The operator must 

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 
28 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating 

documents. 

7) Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection 

reveals a condition that affects the safe operation ofthe UAS, the UAS is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground 

Control Station must be included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a J 

flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight ) 

must make an entry in the aircraft records. ) 

9) The pre-flight inspection section in the operating documents must account for all discrepancies, i.e. inoperable 

components, items, or equipment, not already covered in the relevant sections ofthe operating documents. 

1 0) The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements. 

11) The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the 

operating documents. Maintenance, inspection, and alterations must 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. 

12) Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

13) The authorized person must make an entry in the aircraft record ofthe corrective action taken against 

discrepancies discovered between inspections. 

14) UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at least a current 

third-class medical certificate. 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. 

15) Prior to operations conducted for the purpose of aerial videography/cinematography and augmenting real estate 

listing videos (or similar operationsL the PIC must have accumulated and logged, in a manner consistent with 14 

CFR 61.51(bL a minimum of 

25 hours oftotal 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 

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this requirement. Training, proficiency, and experience-building flights can also be conducted under this grant of '· 

exemption to accomplish the required flight time. However, said training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and experience-building flights the PIC is required 

to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 

16) Prior to operations conducted for the purpose of aerial videography/cinematography and augmenting real estate 

listing videos (or similar operationsL the PIC must have accumulated and logged, in a manner consistent with 14 

CFR 61.51(bL 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 must accomplish 3 take-offs and landings in the preceding 90 days (for currency 

purposes). Training, proficiency, experience-building, 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 

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operations may only be conducted during dedicated training sessions. During training, proficiency, and experiencebuilding flights the 

PIC is required to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 

17)The operator may not permit the PIC to 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(bL 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. 

18)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}. 

19)The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published 

aeronautical chart. 

20}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. 

21)1fthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned 

operating area and land or be recovered in accordance with the operating documents. 

22}The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating 

documents. 

23)The PIC is prohibited from beginning 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. 

24)The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior 

to conducting any operations under this grant of exemption. This COA will also require the operator to request a 

Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 

25)AII 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. 

26)Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply 

with the Federal Communications Commission (FCC) or other appropriate government oversight agency 

requirements. 

27)The 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 UAS is operating. These documents must be made available to the Administrator or any law 

enforcement official upon request. 

28)The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 

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

30)The UA may not be operated over congested or densely populated areas. 
31)Fiight 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 and/or; 

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, VO, operator trainees or essential persons do not present an undue hazard to 

those persons per§ 91.119(a). 

32)AII operations shall be conducted over private or controlled-access property with permission from the land 

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owner/controller or authorized representative. Permission from land owner/controller or authorized '! 

representative will be obtained for each flight to be conducted. ~ 

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33)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. ) 

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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 January 31, 2017, unless sooner superseded or rescinded. 

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Issued in Washington, DC, on January 5, 2015. 

/sf 

JohnS. Duncan 

Director, Flight Standards Service 

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