April 17, 2015 

 Exemption No. 11363 

 Regulatory Docket No. FAA–2015–0114 

Mr. David Ho 

8312 Callista 

Frankfort, IL 60423 

Dear Mr. Ho: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated January 14, 2015, you petitioned the Federal Aviation Administration (FAA) 

for an exemption. The exemption would allow the petitioner to operate an unmanned aircraft 

system (UAS) to conduct saleable aerial cinematography in video or still format to enhance 

real estate listings. 

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 2 Vision Plus V3.0. 
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, 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 collection. The FAA has issued grants of 

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

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

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

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

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

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

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

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

by this exemption is in the public interest. 

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

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

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

delegated to me by the Administrator, Mr. David Ho 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. David Ho is hereafter referred to as the operator. 
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision Plus V3.0 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 
4 

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. 

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 
5 

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. 

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. 
6 

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. 
7 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

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

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

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

must include at least the following: 

a. Dates and times for all flights; 

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

under this grant of exemption; 

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

the UAS; 

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

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

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

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

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

g. Signature of exemption holder or representative; and 

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

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

essential to accomplish the operation. 

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

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

exemption holder’s MPTOM. 

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

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

parts 45, 47, 61, and 91. 

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

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 
Exemption Request for David Ho Pursuant To Section 3 3 3 of the FAA Reform Act of2012 

1/14/15 

United States Department of Transportation 

Docket Operations 

1200 New Jersey A ve.SE 

West Building Ground Floor Room W12-BO 

Washington DC 20590 

Re: Exemption Request Pursuant To Section 3 3 3 of the FAA Reform Act of2012 

Dear Sir or Madam: 

I am writing pursuant to the FAA Modernization and Reform Act of2012 (the "Reform Act 11) 

And the procedures contained in 14 C.F .R. 11, to request that David Ho, owners and operators of a DJI Phantom 2 Vision Plus 

Vs.o model no. PV331 (Serial # PH645472832) UNMANNED AIRCRAFT SYSTEMS (UAS), and a transportable ground 

station. The PHANTOM is referred to as a quad-copter with the maximmn gross weight of about 3 pounds. It is equipped with 

four rotors that are driven by electric motors powered by batteries. The Phantom has a maximmn airspeed of 30 knots and to 

be exempted fi·om the Federal Aviation Regulations (FAR's) listed below. 

The exemption is needed in order to operate a small lightweight unmanned aircraft system (UNMANNED AIRCRAFT 

SYSTEMS (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA). These operations will be 

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

333.§1 1.8 I. 

The following aspects of Section 333 of the FAA Modernization and Reform Act of2012 should be considered. 

The following information is submitted to meet the requirement of the above act. 

1. Name and address: 

a. David Ho 

b. 8312 Callista, Frankfort II 60423 

c. Office: 779-324-0788 

d. Email: David@aerialphoto.pics 

2. The Specific Sections of Title 14 of the Code of Federal Regulations from 

Which David Ho Requests Exemption are: 

14 CFR 21; 

14 C.F.R. 45.23(b ); 

14 CFR 61.113 (a) & (b); 

14 C.F.R. 91, et seq.; 

14 CFR407 (a) (1); 

14 CFR 409 (a) (2); and, 

14 FR417(a)&(b). 

3. The extent of relief you seek, and the reason you seek relief: 

David Ho, respectfully submits this request in harmony with the Refmm Act, 112 P.L. 95 §§ 331-334, pursuing r·eprieve 

from any currently applicable FARs operating to preclude me, David Ho intended use is saleable aerial cinematography in 

video or still format within the Greater Chicago region to provide information for intended parties that enhances real estate 

listings or any legal business that provide supplementary tool adding a greater degree of flexibility which supplements the 

present abilities obtainable by manned aircraft inside the national airspace system. 

The Reform Act in Section 332 provides for such incorporation of civil unmanned aircraft systems into our national airspace 

system as it is in the public's interest to do so. David Ho's, DJI Phantom 2 Vision Plus V3.o model no. PV331 (Serial # 

PH6454·72832) quad-copter small UNMANNED AIRCRAFT SYSTEMS (UAS), meets the definition of "small unmanned 

aircraft" as defined in Section 331 and therefore the integration of my ultra-light weight UNMANNED AIRCRAFT 

SYSTEMS (UAS) is expressly considered by the Reform Act. David Ho would like to operate my DJI Phantom 2 Vision 

Plus Vs.o model no. PV331 (Serial# PH645472832) ultra-light weight UNMANNED AIRCRAFT SYSTEMS (UAS), prior 

to the time period, by which the Reform Act requires the FAA to broadcast rules governing such craft. The Reform Act 

guides the Secretary in defining the types of UNMANNED AIRCRAFT SYSTEMS (UAS)'s that may operate safely in 

1 
Exemption Request for David Ho Pursuant To Section 3 3 3 of the FAA Reform Act of2012 

our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UNMANNED 

AIRCRAFT SYSTEMS (UAS)'s; whether the UNMANNED AIRCRAFT SYSTEMS (UAS) will be operated near airports 

or heavily populated areas; and, Whether the UNMANNED AIRCRAFT SYSTEMS (UAS) will be operated by line of 

sight. My DJI Phantom 2 Vision Plus V3.o model no. PV3S 1 (Serial # PH645472832) UNMANNED AIRCRAFT 

SYSTEMS (UAS) operates four (4·) counter-rotating propellers for stability, control and steadiness. My UNMANNED 

AIRCRAFT SYSTEMS (UAS) is equipped with GPS and auto return safety technology. Weighing less than five (5) 

pounds far below the maximum 55 pound limit); including camera with gimbal. 

Operation of the UNMANNED AIRCRAFT SYSTEMS (UAS) preceding flight and post flight must be operated in a check 

list format and that safety is paramount with each flight. My DJI Phantom 2 Vision Plus V3.o model no. PV331 (Serial # 

PH645472832) is designed to hover in place via GPS and operate in less than a 22 knots (25 mph) wind. David Ho 

operates this UNMANNED AIRCRAFT SYSTEMS (UAS) with in mind that safety, stability and fear of detrimental 

financial loss, I will not fly in winds exceeding 13 knots (15 mph). Built in safety systems include a GPS mode that allows 

my UNMANNED AIRCRAFT SYSTEMS (UAS) to hover in place when radio controls are released. This is the safest, 

most dependable and unwavering mode to prevent accident and hazard. When pilot communication is lost UNMANNED 

AIRCRAFT SYSTEMS (UAS) is designed to slowly descend to point of origination, the UNMANNED AIRCRAFT 

SYSTEMS (UAS) has a function that instantaneously video records once communication is lost. I do not and will not operate 

my UNMANNED AIRCRAFT SYSTEMS (UAS) near airports, Hospitals or helipads, and do not operate near areas where 

general public is one hundred (100) yards depending on location, conditions and weather. David Ho is constantly vigilant 

on alert for any manned aircraft and prepared either avoid and shall yield the right-of-way to all aircraft and operate in a 

manner to avoid any type of collision hazard with respect to persons on the ground or property and to land/terminate 

instantly to the nearby and safest ground point should a manned aircraft approach my location or suspect manned aircraft 

may approach near my location, My DJI Phantom 2 Vision Plus V3.o model no. PV331 (Serial # PH645472832) 

UNMANNED AIRCRAFT SYSTEMS (UAS) is capable of vertical and horizontal operations, and are flown only within 

my line of sight of me. As the Remote controlled pilot The UNMANNED AIRCRAFT SYSTEMS (UAS) is operation 

under the power of a battery power rather than combustible fuels, flights generally last between ten (10) to 15 minutes, with 

an altitude under three hundred fifty (300) feet. 

4. How Request Will Benefit the Public As A Whole: 

In-flight videography for topographical awareness and real estate marketing or any legal business utilizing aerial photographs 

or video has been around for an extensive period of time done with manned fixed wing aircraft and helicopters. For the small 

budget businessperson the expense of such aerial Videography is enormously fee and cost prohibitive. Depriving, many others 

of the smaller businessperson from exploiting a valuable advertising tool. Manned aircraft exposes a superior hazard to the 

public through conceivable cataclysmic crash causing loss to property and or life. UNMANNED AIRCRAFT SYSTEMS 

(UAS) pose no such hazards due its size, speed and nonexistence of flammable fuel significantly reduces any potential threat to 

the public. 

5. Reasons Why Exemption Will Not Adversely Affect Safety or How the Exemption Will Provide a Level of Safety At 

Least Equal To Existing Rule: 

David Ho's safety protocols will enhance safety; exemption will not adversely affect safety. 

In addition I, submit the following representations of enhancements to current aerial videography and photography for real 

estate or any legal business requiring photographic images: 

DJI Phantom 2 Vision + 

Serial Number: PH6454728S2 weighs less than 5 pounds complete with DJI Factory installed camera: 

~ The Phantom 2 Vision +,firmware programmed fOr maximum 300 feet Above ground level and 1000 feet radius distance 

are limited distance for maintaining Visual sight line of operation. Most intended operation will only requires range of 25-

125 above ground level and less than 200 feet lateral distance from Pilot in command. 

2 
Exemption Request for David Ho Pursuant To SectionS 3 3 of the FAA Reform Act of20l2 

Current firmware upgrades for: 

~ Main Controller 

~ GPS 

~ Receiver 

~· Battery 

~ Zen IMU 

Current Physical upgrades: 

)I;> DJI factory Prop Guards 

1. I for one always obtain all essential permissions prior to operation and postings a warning sign reading 

"Attention Use of Quad Rotor Drone for Aerial Photography in progress- Remain Back 125 feet"; 

2. I for one will conduct operations under strict personal and flight safety protocols and constantly strive to 

update and enhance safety protocols; 

S. I for one conduct extensive pre-flight inspections and protocol, during which saf€ty carries principal 

importance; 

4. No payloads other than gimbaled camera; 

5. I for one only operate in reasonably safe environment that are strictly controlled, are away from power lines, 

elevated lights, airports and actively populated areas; 

6. I for one, pilot my UNMANNED AIRCRAFT SYSTEMS (UAS) through remote control only by line of sight; 

7. I for one, only operate my UNMANNED AIRCRAFT SYSTEMS (UAS) with a height 

limitation set for a maximum of 300 feet ABOVE GROUND 

L E V E L . ( Operating -25% inside the 4·00 foot permissible ceiling set by the FAA Modernization and 

Reform Act of20l2); 

8. I for one, UNMANNED AIRCRAFT SYSTEMS (UAS) only operate for 3-7 minutes per flight, well with in 

tolerances issued by the manufacture; 

9. I for one will land my UNMANNED AIRCRAFT SYSTEMS (UAS) prior to manufacturer recommended 

minimum level of battery power; 

lO. I for one will employ the GPS a flight safety feature whereby it hovers and then slowly lands if 

communication with the remote control pilot is lost and continues to record flight as per manufacture 

settings; 

11. I for one will maintain records specific to retain until the work is repeated or superseded by other work for 

one year after the work is perfmmed; 

12. I for one will maintain records shall retain and transferred with the aircraft at the time the aircraft is sold; 

13. I for one will list or denote in records a list of defects furnished to a registered owner or operator shall be 

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

David Ho's operating procedures exceeding existing rules. First, the possible loss of life is lessened because 

UNMANNED AIRCRAFT SYSTEMS (UAS)'s carry no pilots or passengers on board and I only operate my UNMANNED 

AIRCRAFT SYSTEMS (UAS) safely in the direct detailed areas of operation versus fixed wing or helicopter requires travel 

to the region of need. Second, there is no fuel on board an UNMANNED AIRCRAFT SYSTEMS (UAS) and thus theprobability for fire or explosions is significantly diminished. Lastley, the small size and extremely maneuverability of my 

UNMANNED AIRCRAFT SYSTEMS (UAS) allow me to remotely pilot away from hazards quickly and safely. 

3 
Exemption Request for David Ho Pursuant To Section .'3 .'3 .'3 of the FAA Reform Act of2012 

6. A Summary The FAA May Publish in the Federal Register: 

14 C.F.R. 21 and 14· C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 

14· C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets fOrth requirements for procurement of necessary 

airworthiness certificates in relation to FAR § 91.20.'3(a)(1). The size, weight and enclosed operational area of my, 

David Ho's, UNMANNED AIRCRAFT SYSTEMS (UAS) petmits exemption from Part 21 because my UNMANNED 

AIRCRAFT SYSTEMS (UAS) meets (and exceeds) an equivalent level of safety pursuant to Section .'3.'3.'3 of the 

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the 

Act (49 U.S.C. § 44·701 (f)) and Section 3.'3.'3 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UNMANNED AIRCRAFT SYSTEMS (UAS)'s from the airworthiness certificate requirement in 

consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. 

My, David Ho's, current and projected UNMANNED AIRCRAFT SYSTEMS (UAS)'s meet or exceed each of the 

details. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, 

and given the size of the UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining safety /flight manual delineating areas of where safety can 

be defined.( See Enclosed) The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 

87.'37, 8738,9299, 9299A, 9565, 9565B, 10167, l0167A, 10602, 10700 and32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UNMANNED AIRCRAFT 

SYSTEMS (UAS) utilizes electronic global positioning systems with a barometric sensor. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are 

inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any 

such required certifications and registrations by me, David Ho. 

14 C.F.R. § 45.2.'3: Marking of the Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My 

UNMANNED AIRCRAFT SYSTEMS (UAS) are, by definition, unmanned. They therefore do not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to 

place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark 

its UNMANNED AIRCRAFT SYSTEMS (UAS)s in the largest possible lettering by placing the word 

"EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 

§45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA 

has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 

14 C.F.R. § 61.ll3: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. I, David Ho, 

can achieve an equivalent level of safety as achieved by current Regulations because my UNMANNED 

AIRCRAFT SYSTEMS (UAS) does not carry any pilots or passengers. Further, while helpful, a pilot license will 

not ensure remote control piloting skills. The risks attended to the operation of my UNMANNED 

AIRCRAFT SYSTEMS (UAS) is far less than the risk levels inherent in the commercial activities outlined 

4 
Exemption Request for David Ho Pursuant To Section 3 3 3 of the FAA Reform Act of20 12 

in 14 C.F.R. § 61, et seq. Thus, allowing me, David Ho, to operate my UNMANNED AIRCRAFT SYSTEMS 

(UAS) meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 

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

H C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be 

operated at lower altitudes in certain conditions. My UNMANNED AIRCRAFT SYSTEMS (UAS) will never 

operate at an altitude greater than 300 ABOVE GROUND LEVEL; safely below the standat-d of 4,00 ABOVE 

GROUND LEVEL. I, David Ho, will however operate my UNMANNED AIRCRAfT SYSTEMS (UAS) in safe 

areas away from public and traffic, 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 my UNMANNED AIRCRAFT 

SYSTEMS (UAS), an equivalent or higher level of safety will be achieved. 

14 C.f.R. 91.405 (a); 407 (a) (I); 409 (a) (2); 417(a) & (b); Maintenance Inspections. 

The above-cited Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft 

inspected as prescribed in subpart E of this pa1i 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. ... " 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, David 

Ho's, UNMANNED AIRCRAfT SYSTEMS (UAS). However, as a safeguard I inspect my UNMANNED AIRCRAfT 

SYSTEMS (UAS) beforehand and afterward each flight. 

Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 

C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, 

sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a)(1). The size, 

weight and enclosed operational area of my UNMANNED AIRCRAFT SYSTEMS (UAS) permit exemption from Part 

21 because my, David Ho's, UNMANNED AIRCRAFT SYSTEMS (UAS) 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 (4·9 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UNMANNED AIRCRAFT SYSTEMS (UAS)'s fi"'m the airworthiness certificate requirement in consideration of 

the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UNMANNED 

AIRCRAFT SYSTEMS (UAS) meets or exceeds each of the elements. 14· C.F.R. 91.7(a) prohibits the operation of an 

aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the 

F ARs, this Regulation is inapplicable. 14 

C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the 

size of the UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this Regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption 

Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates 

and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. 

7. There is no request to exercise the privileges of your exemption outside the United States. 

Respec{u ly submitted, 

David Ho 

5