April 20, 2015

Exemption No. 11384 Regulatory Docket No. FAA–2014–1006

Mr. Tippon Chandler Weiss AirCam Photography 798 Lighthouse Avenue #232 Monterey, CA 93940

Dear Mr. Weiss:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated December 2, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of AirCam Photography (hereinafter pe titioner or operator) for an exemption. The exemption would allow the petitioner to opera te an unmanned aircraft system (UAS) to conduct commercial applications such as professional marketing, produce field management, inspections, real estate, construction, and events.

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 petiti oner are the DJI Phantom 2, DJ I S900, and DJI Inspire 1.2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, a nd limited operating area associated with the aircraft and its operation, the S ecretary of Transportation has de termined 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 collection. The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pres ented 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 Labs, Inc. ( see Docket No.

FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.

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

 They are similar in all material respects to relief previously re quested 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 situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant 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, AirC am Photography 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) an d (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to ope rate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.3

Conditions and Limitations

In this grant of exemption, AircCam Photography is hereafter referred to as the operator.

Failure to comply with any of the conditions an d limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2, DJI S900, and DJI Inspire 1 when weighing less than 55 pounds in cluding 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 restricti on. 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 th e 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 PI C 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 pe rmitted during flight operations. The PIC must be designated before the flight and ca nnot transfer his or her designation for the duration of the flight. The PIC must en sure 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 discre pancy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,4

the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d 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 wh ich the FAA granted this exemption, then the operator must petition for an amendmen t 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 aff ect the UAS operation or flight characteristics, e .g., replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions 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 functi onal 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. Th e 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 manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exempti on must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot 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 f light review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles 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 e xperience-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 dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants 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 me teorological conditions (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity 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 ai rport 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 pr ivate or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a f light 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 fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce 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 unde r the terms of the attached COA.6

22. All aircraft operated in accord ance 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 th e 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 wa y 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 pr otect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under su ch 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 struct ures 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 es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/contro ller 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 Sa fety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for th e 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 ove r the area of proposed filming. The 3-day notification may be waived w ith 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 res ponsible for the on-s cene operation of the UAS;

d. Make, model, and serial or N

− Number of UAS to be used;

e. Name and certificate number of UAS PI Cs involved in the aerial filming;

f. A statement that the operator has obtain ed permission from property owners

and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and

h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating 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 al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight St andards Service* Plea se note, there was a decision in serted in my docket that doesn’t belong there. T his response is

from:

AirCam Photography
Tipp on Chandler Weiss
798 Lighthouse #232

Monterey, Ca 93940

This is a follow up to my petition for exemption posted to the public docket on December 2, 2014,

Docket No. FAA

- 2014

- 1006 in your request for more information to comply with the requirements of
§11.81 for your consideration.

Specific section or sections of 14 CFR from which I seek relief and the reason I seek relief:
Part 21; and §§ 45.23(b);
91.7(a); 91.9(b)(2); 91.103(b);
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) o f
Title 14, Code of Federal Regulations Part 21 91.203(a) & (b)
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)
subject t o 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).

45.23 Marking of the aircraft because UA will not have a cabin, cockpit or pi lot station on which to
mark certain words or phrases. Further, two

- inch lettering is difficult to place on such a
small aircraft with dimensions smaller than the minimal lettering requirement.
Will mark UAS in the largest possible lettering by placing the word “ experimental ” on its fuselage as required by § 45.29(f) so that anyone assisting him as a spotter will see the markings.
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 a pply to
aircraft with an airworthiness certificate. However as a safety precaution user will perform a preflight inspection of his UAS before each flight as outlined in his operating documents

and follow manufacture maintenance recommendations as stated in UA user manual. 91.7(a )
prohibits the operation of an aircraft without an airworthiness certificate.
There is currently no certificate applicable to this operation, this regulation is inapplicable. 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. An equivalent level of safety will be achieved by maintaining a safety/flight manual with the
UAS ground station. 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.Stricter requirements with regard to visib ility 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. Sun glare will be taken into account. PIC’s and VO’s ability to still see other air traffic, combined

with the PIC’s abili ty to initiate a return

- to

- home sequence, are sufficient mitigations. The

PIC will also account for all relevant site

- specific conditions in his or her preflight
procedures.

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. UAS will not be operated above the altitude of 400 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.” Given the size, weight, maneuverability, and
speed of the UAS, an equivalent or higher level of safety will be achieved.

91.121 Altimeter settings is inapplicable since he UAS utilizes electronic GPS with a barometric sensor. Sensor is calibrated before flight and reads AGL altitudes. 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 conditions. The UAS will land prior to the

man ufacturer’s recommended minimum level of battery power (30%). The operating
documents indicate that the low battery level failsafe is triggered when the battery is
depleted to a point that may affect the safe return of the aircraft. Users are to return hom e or land the aircraft immediately when these warnings are shown. Pilot ground station will advise user to return the aircraft to the Home Point when low battery warning is triggered.
Aircraft will automatically return to home point if no action is taken a fter 10 second
countdown. User can cancel the return to home any time. The thresholds for these
warnings are automatically determined based on the current aircraft altitude and its
distance from home point.
Aircraft will land automatically if the current b attery level can only support the aircraft to
land to the ground from the current altitude. User can use ground station to control the
aircraft during landing process.

How my request will benefit the public as a whole: I would gladly offer my services upo n request and with proper coordination and appropriateness to any
official search and rescue or emergency services organization to benefit the public. Agricultural and
crop inspection could substantially decrease water usage and increase efficiency in the industry by
identifying troubled areas and waste . This would greatly benefit the public as we have been in a water
drought on the West Coast for the last three years. Aerial videography for geographical awareness

, agricultural applications, and marketin g has been around for a long time through manned fixed wing aircraft and helicopters. Although they have been operated in an extremely safe manner , my UAS s pose
much less risk since the small size and lack of combustible fuel greatly reduces the potential threat to
the public. Congress has already proclaimed that it is in the public’s in terest to integrate commercially
flown UAS's into the national airspace sy stem, hence the passing of the Reform Act. Granting AirCam Photography’s exempt ion reque st furthers the public interest through academic/visual awareness of the

geog raphical benefits in and around the Monterey Bay area. My light weight UAS is battery powered

and creates no emissions that can harm the environment. The conse quence of my light weight UAScrashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible

fuel and can cause catastrophic devastation to the public. The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture t hrough my battery operated light weight UAS's.

The reasons why the exemption would not adversely affect safety or how the exemption would
provide a level of safety at least equal to existing rule:

My, Tippon Chandler Weiss’s , exemption will not adversely aff ect safety. Quite the contrary, for the
reasons stated permitting me, Tippon Chandler Weiss

, to log more flight time in FAA controlled airspace

wil l allow me to contribute to the innovatio n and implementation of new and novel , as of yet
undiscovered safety protocols for UAS operators.

 I generally operate my UAS below 200 feet AGL (well within the 400 foot permissible ceiling set
by the FAA Modern ization and Reform Act of 2012)

 I don’t ope rate within 5 miles of an airport unless prior contact to Air Traffic Control or the
airport manager has been made. I determine this distance with GPS using a pilot’s app call ed
Foreflight on the Apple Ipad or Iphone.

 I land my UAS prior to manufacturer recommended minimum level of battery power

 I pilot my UAS through remote control by line of sight

 My UAS uses GPS a nd a flight safety feature whereby it returns to a preprogrammed position
and then slowly lands if communication with t he remote control pilot is lost

 I actively analyze flight data and other sourc es of information to constantly updat e and enhance
safety protocols

 I only operate in reasonably safe environment th at are strictly controlled, are away from power
lines, elevated lights, airport s and actively p opulated areas

 I conduct extensive pre

- flight inspections an d protocol, during which safety carries primary
importance

 I always obtain all necessary permi ssions prior to operation; and,

 I have procedures in place to abort flights in the event of safety br eaches or potential danger.

My, Tippon Chandler Weiss’s , safety protocols (see attached) provide a level of safety equal to or
exceeding existing rules. It is important to note that absent the integration of commercial UAS into
our national airspace syst em, helicopters are the pr imary means of aerial video and photography for
community awareness , inspections, crop management, and real estate. While the safety record of such
helicopters is remarkably astounding, it is far safer to operate a battery powere d UAS. First, the
potential loss of life is diminished because UAS's carry no people on board and I only operate my UAS in specific ar eas away from mass populations. Second, there is no fuel on board a UAS and thus the
potential for fire or ex plosions is greatly diminished. Third, the small size and extreme maneuv erability
of my UAS allow me to remotely pilot away from and av oid hazards quickly and safely. Accordingly, my
UAS has been experimentally operated for familiarization/competency and will conti nue to operate at and above current safety levels.

Additional Information:The bulk of our aerial operations will be using the DJI Phantom 2 with Gimbal (3 pounds) and the DJI

Inspire 1 (6.5 pounds)
Using the same safety protocols as outlined and found in our Safety Protocol Manual (Separate
document) for the DJI Phantom 2 and DJI Inspire 1 and an additional camera operator /observer , we would like to have the option of employing the DJI S900, a six (6) rot or multirotor UAS with GH4 Gimbal

or similar vari ants (16.5 pounds). We feel we can operate all 3 UAS platforms with utmost safety without
putting the general public or manned aircraft at risk. As not ed in exe mption 11138 for Douglas Trudeau,
Realtor, the minimum separat ion between the public a nd his operations is 150 feet for his 3 pound DJI

Phantom 2. W e feel this is a safe minim um distance but if it is deemed that it needs to be larger, we

would like to at lea st have the option of operating our DJI Phantom 2 at 150 feet or greater and the
larger separation distance to apply to our DJI Inspire and /or DJI S900.

10 Additional d ocuments submi tted as proprietary information.

Sincerely,
Tippon Chandler Weiss

AirCam Photography