September 9, 2015

Exemption No. 12795

Regulatory Docket No. FAA−2015−2646

Mr. Adam Marquart

3815 South 191 Street

Omaha, NE 68130

Dear Mr. Marquart:

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 June 11, 2015, you petitioned the Federal Aviation Administration (FAA) for 

an exemption. You requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography, videography, surveying, and inspections.

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 is a DJI Phantom 3 Professional.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 
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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, Mr. Adam Marquart is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

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

Conditions and Limitations

In this grant of exemption, Mr. Adam Marquart is hereafter referred to as the operator.

 

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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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 

Professional when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 
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documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 
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14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

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

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

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

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

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

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

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

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

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

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

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
June 11, 2015

Name and Address of Petitioner:

Adam Marquart

3815 S 191 Street

Omaha, NE 68130

402­577­0109

adam.marquart@hotmail.com

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation

Regulations 14 CFR, Part 21, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(l) &

(a)(2), 91.409(a)(l), 91.417(a)&(b)

I, Adam Marquart, the petitioner, request exemptions in order to legally operate an Unmanned

Aircraft Systems (UAS), a DJI Phantom 3 Professional, in the National Airspace System. The

DJI Phantom 3 Professional this petitioner seeks exemption to use will be referred to as ‘Named

UAS’. All flights of the ‘Named UAS’ will be flown by line of sight (LOS) and performed under

400' above ground line (AGL). The ‘Named UAS’ does have GPS guidance and "return to

home" safety feature installed. The ‘Named UAS’ also uses a smartphone to enhance controls

by showing current AGL and visual location of the ‘Named UAS’ to the subject and its

surroundings. The petitioner wishes to be granted the exemption for use of the ‘Named UAS’ for

commercial videography and photography of:

1. Residential and Commercial Real Estate, for marketing the sale of each.

2. Construction Process (Residential and Commercial), providing a visual review of the

construction process to be used for marketing of a construction company or

documentation to be provided to the owner.

3. Property Survey, providing a visual review of the property to the land owner to be sold,

purchased, or prior to construction.

4. Property Inspection, providing a visual review of existing conditions to the land owner.

5. Property Landscape, provide visual documentation of ‘before and after’ improvement to

a land owner.

The Petitioner believes the use of the DJI Phantom 3 Professional is more economical and safe

to use than a manned aircraft for the aforementioned purposes. In the past, a manned aircraft

would be used to provide a visual review of land and property, which involves pilot fees,

inspections,and use of an airport. Use of the ‘Named UAS’ rather than a manned aircraft is

more economical to the consumer, and beneficial to the general public due to its small size, low

noise, and minimal potential for accident.

Additionally, I the petitioner, would like to point out that in order to have a successful business it

is in my best interest to be safe. That safety will directly benefit the public because that safety

relates to protecting my investment in a UAS. If the UAS is damaged, so is my means of

providing a service and profiting from it. Also, if I don’t provide a safe service to my customers
they will be less likely to recommend me to their neighbors. So I have to provide a safe service

in order to gain the trust of other potential customers.

My request for the following exceptions are based on those provided to Exemption No. 11623,

11650, 11664, and 11734. I reviewed and quote these public letters because of the similarities

to the use of a UAS to capture photography and videography of real estate and construction for

hire.

.

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation

Regulations:

14 CFR Part 21

Certification Procedures For Products and Parts

REASON FOR EXCEPTION

It has been determined that similar UAS’s do not require an airworthiness certificate as granted

in Exemption No. 11623, 11650, 11664, and 11734.

14 CFR 91.7(a)

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy

condition.

REASON FOR EXCEPTION

It has been determined that similar UAS’s do not require an airworthiness certificate, however

the petitioner will ensure airworthiness through the combined use of the manufacturer's

Operations Manual and preflight checks.

14 CFR 91.119(c)

Minimum Safe 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.

REASON FOR EXCEPTION

The use of ‘Named UAS’ will be flown no higher than 400’ AGL in LOS over developed and

developing residential areas that may be considered congested areas. That will not always be

the case when providing a ‘Property Survey’ flight because they could be conducted over empty

lots or acreages with no structures. This will minimize the amount of bystanders present or in

the surrounding area. In the case of flying over or near existing private property while providing

a ‘Residential and Commercial Marketing’, ‘Construction Process’, ‘Property Inspection’, and

‘Property Landscaping’ landowners will be notified in person by the petitioner, or by a card left

behind by the petitioner, of an occurring ‘Named UAS’ flight. The petitioner also proposes to

display a caution sign on site while a ‘Named UAS’ flight is ongoing. The petitioner will review

with the landowners of associated risks to people and property. Due to the small size of the

‘Named UAS’ the associated risk to persons, vessels, vehicles, and structures is not

comparable to manned aircraft and should be taken into consideration.
14 CFR 91.121

Altimeter Settings:

REASON FOR EXCEPTION

The ‘Named UAS’ does not have a barometric altimeter. It does have a GPS that will calculate

altitude. The petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in

Exemption No. 11623, 11650, 11664, and 11734.

14 CFR 91.151(a)(l)

Fuel requirements for flight in VFR conditions:( a) 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.

REASON FOR EXCEPTION

The ‘Named UAS’ provides low battery warnings to indicate when you should return the ‘Named

UAS” to the launch point. A fail safe automatic landing will occur if the battery reaches critical

low voltage. The ‘Named UAS’ will be landed upon the 1st low battery alert.. The petitioner will

not initiate a flight unless (considering wind and forecast weather conditions) there is enough

power to fly at normal cruising speed to the intended landing point. All flights will be done during

the day and at an appropriate time as to not be a nuisance to others.

14 CFR 91.405(a)

Maintenance required: Each owner or operator of an aircraft­ (a) Shall have that aircraft

inspected as prescribed in Subpart E of this part and shall between required inspections,except

as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part

43 of this chapter.

REASON FOR EXCEPTION

The petitioner shall inspect the aircraft prior to every flight. The petitioner plans to follow

manufacturer's recommended preflight checklist. Reference given to the Operations Manual.

14 CFR 91.407(a)(l)

Operation after maintenance, preventive maintenance, rebuilding, or alteration: (a) No person

may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding,

or alteration unless( 1 )It has been approved for returned to service by a person authorized

under 43.7 of this chapter

REASON FOR EXCEPTION

The petitioner who has the responsibility for the operation and safety of the ‘Name UAS’ will

follow the manufacturer's suggestions for maintenance and repair. Including the use of

suggested replacement parts.
14 CFR 91.409(a)(l) & (2)

Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had (1) An annual inspection in

accordance with part 43 of this chapter and has been approved for return to service by a person

authorized by 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness

certificate in accordance with part 21 of this chapter. No inspection performed under paragraph

(b) of this section may be substituted for any inspection required by this paragraph unless it is

performed by a person authorized to perform annual inspections and is entered as an "annual"

inspection in the required maintenance records.

REASON FOR EXCEPTION

The petitioner will follow manufacturer’s suggestions to ensure that the ‘Named UAS’ is in a

condition for safe flight.

14 CFR 91.417(a) & (b)

Maintenance Records: (a) Except for work performed in accordance with 91.411 and 91.413,

each registered owner or operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(

vi) for the periods specified in paragraph (b) of this section: ( 1 )(2)(3)

REASON FOR EXCEPTION

The petitioner will keep a record of all repairs and modifications. The petitioner also proclaims to

use approved manufactured parts for repairs and modifications.

SUMMARY

I, Adam Marquart the petitioner request for exemption, Section 333 of the FAA Reform Act

pertaining to Federal Aviation Regulations 14 CFR, Part 21, 91.7(a), 91.119(c), 91.121,

91.151(a)(1), 91.405(a), 91.407(a)(l) & (a)(2), 91.409(a)(l), 91.417(a)&(b) in order to legally

operate an Unmanned Aircraft Systems (UAS), a DJI Phantom 3 Professional, in the National

Airspace System in order to take aerial video and photography of real estate and construction

processes.