July 1

, 2015

Exemption No. 11973 Regulatory Docket No. FAA

– 20 15

– 0439

Mr. Steven R

. Mitchell eMedia Films

– Lake Tahoe
P .O. Box 3250 Olympic Valley, C A 96146

Dear Mr. Mitchell :

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 February 23 , 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of eMedia Films

– Lake Tahoe ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct aerial photography and cinematography over private property

.
See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

.

The FAA has de termined 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 is a DJI Phantom 2 and DJI Inspire 1

.
In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited2

operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 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 Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications des cribed 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 th e 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 publ ic interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, eMedia Films

– Lake Tahoe is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

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

Conditions and Limitations

In this grant of exemption, eMedia Films

– Lake Tahoe 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.3

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 and DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by th e 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 operat ed 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 ;

e lectroni c 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 t he 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 docume nts 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 s uch 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 update4

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 FA A’s UAS Integration Office (AFS− 80) may be contacte d 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 p eople. 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. Pr ior 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 ins pection 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 UA S 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 exemptio n, 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 Col u mbia, Pu erto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining approp riate 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 (traini ng, proficie ncy, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated5

under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, 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 (S VFR) 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 symbo l 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 avai lable 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 sign al, the UA must return to a

pre

- determined location within the pr ivate 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 begin ning 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 manufactur er if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operatio ns that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in acco rdance 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.6

These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear a nd 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, v ehicles, 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 ensurin g 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 control led

- access property w ith 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 tran sgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTS B) per instructions contained on the NTSB Web site: www.ntsb.gov

.
If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditi ons 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 a rea of proposed filming. The 3

- day7

notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the f ollowing:

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 th e 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 lis t 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 wh ich 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 t he exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

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

Sincerely,

/s/ John S. Duncan Director, Flight Standards Service**Petition for exemptions to UAS specific rules:** 

1) Steven R Mitchell ( DOB: 1 1/03/1961, SS#067

- 56

- 0316 ) eMedia Films

– Lake T

ahoe Po Box 3250, Oly mpic Va lley

, Ca 96146 Ph: 530

- 448

- 6105 emediamitchell@y ahoo.com

2) Seeking exemptions to Sect ions 45.23(b), 61.1 13(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109,
91.1 19, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of T itle 14, Code of Federal Regulations (14 CFR). The proposed exemption w ould allow Mitchell and eMedia films the right to operate the DJI PHANT OM 2 quad

- copter unmanned aircraft sy stem (Micro UAS: 1000g

– 2.2lb ) & The DJI I nspire 1 ( 2935g

– 6.47lb ) to conduct aerial photography and cinematography

over private property

wi th prior permission and restricted access by non

- participants. The general geographic area of operations would be T ruckee, Ca, Lake T

ahoe and Reno, but would on occasions include other regions. 3) This petition is based on the precedent set by the Regulat ory

Docket No. F

AA

- 2014

- 0481, Exemption
No. 1 11 38 Douglas T

rudeau issued January

5 th , 2015. 4) Further more I seek an exemption for the requirement ( Conditions & L imitations 14, Exemption No.
111 38 ) to have a private pilots license in order to operate the UAS. As part of this request I will provide all necessary

documents and procedures to met the security screening requirements of the Department of Homeland Security

. Additionally

, I will provide a third

- class medical certificate, or equivalent. The b asis for this request is that the requirements of a manned

- flight private pilots license does not facilitate safe knowledgeable operations of a UAS specific flight. 5) The requested exemptions will allow my self personally , and my company to provide aerial photography

& cinematography

for commercial clients while meeting necessary safe operating parameters and regulations defined by the F AA & other local and regional agencies. 6) My qualifications & track record as UAS Operator: Fly ing UAS since May 2013. Ove r 450 documented flights, and approximately 65 flight

- hours. Utilizing Phantom 1 & Phantom 2 Models. ( under 3 lbs ) I have experienced emer gency landings, however my

record includes: No significant crashes, no injuries to persons or damage to pers onal property . Furthermore I

have worked as cinematographer filming for over twenty y ears and have filmed on many occasions from both manned Helicopters, and fixed wing vessels, 7) I have attached below: my personal **Pre**

**- flight tech and safety check list**  , a s well as the **Rules of flight**  I observe while operating my Micro UAS. I will comply with any additions the F

AA might have for Pre

- Flight, and Flight Rules.

Thank y ou for y our consideration in this matter

.

Steven R Mitchell Producer / Director / Aerial Specialist eMedia FilmsSteve Mitchell

– eMedia Films

**UAS PRE**

**- FLIGHT CHECK LIST & PROCEDURES**  :

 In spect rotors for shape, and cracks, any signs of loss of integrity

.

 In spect / Attach rotors

– check rotation direction and nut tension.

 In spect overall vess el for signs of damage and loose connections.

 In spection of motors for smooth balanced, quiet operation

- free of debris.

 Check battery

– at a minimum of 95% of char ge.

 Check battery

– for clean connections & free of defects, swelling, etc

 Define flight pl an, take of f & objectives & LZ.

 Check flight plan against designated “No Fly Zone” ie: proximity

to Airports, Military

, etc.

 Check wind and weather

– look for signs of unusual wind at higher elevations.

 Confirm the designated fly ing area and confirm wit h all personnel.

 Confirm fly ing area is clear of all restricted air space requirements.

 Confirm y our VO, LOS range and verbal communications to be used.

 Check for aerial obstructions

– utility wires, etc.

 Check all external connections: fpv , etc for tightn ess.

 Check all external devices are attached securely : gimbal, camera, fpv tx, etc, and each has a safety : ziptie, etc, incase a device comes loose it does not separate from the vessel.

 Check camera lens is clean.

 Check camera setting are correct.

 Check a ll control switches are in proper start up position.

 Clear and reset flight clock to zero.

 Check take of

f area is clear of objects and persons for 10 ft radius.

 Announce “Stand Clear

– We 're Powering Up Now! “

 Spin up rotors

– listen for any unusual sounds in the sy stem.

 Allow the sy stem to complete it's full start up procedure.

 Confirm that the sy stem status is flight

- ready

.

 Confirm GPS status, and number of satellites.

 Check that battery

still indicates operational status at 95% or better

 Start flight

- clo ck.

 Li ft of f and hover at 4 feet.

 Check all status lights on the UV and Controller

.

 Check that hover is stable. ( not drifting or erratic )

 Check that camera and fpv is operational.

 Check that all control commands are responsive.

 Set current home location for Lost Link: “Return to Home”

 Confirm VO readiness, and proceed with the flight plan.**Flight Rules:**

Receive Permissions to fly over specific private property

. Maintain L OS at all times. Have a VO at all times. Conduct flight only

during day light hours. Maintain a minimum clearance of 10’ of f the deck. Not to exceed a fly ing height 400’ above ground. Maintain 30’ of clearance of all objects and obstacles. Perform an emer gency

landing if the situation becomes unsafe. Perform and emer gency

landin g if the vessel shows any unstable characteristics. Return to ground with 25% battery life in reserve.