# August 4

, 2015

Exemption No. 12297 Regulatory Docket No. FAA

– 20 15

– 0533

Mr. Jason Hoffman P.O. Box 330526 Nashville, TN 37203

Dear Mr. Hoffman :

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 limita tions of the exemption, including the date it ends.

By letter s dated March 2 , March 24, and July 15, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct aerial filming of motion pictures, music videos, web videos, corporate videos, television programs and commercials, and still photography

.
See Appendix A for the petition submitted to the FAA des cribing the proposed operatio ns 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 a cting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria

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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 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

, C ertification procedures for products and p arts, 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

− 20 14

− 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 described by the peti tioner 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 i nterest.

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. Jason Hoffman 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 i s subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Jason Hoffman 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+ 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

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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 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 people. The functional test flight must be conducted in suc h 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 inspe ction 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, inspec tion, 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal G overnment. 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 appropriate distances from persons, vessels, vehicles and structures. PIC qualification flig ht 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

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(traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the U AS 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 traini ng, proficiency, and exp erience

- 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 conducte d 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 symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with tha t 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 no t 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 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 5 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 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 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 do cuments 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 suffi ciently 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 protectio n 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 unde r this exemption.

27. All operations shall be conducted over private or control led

- 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 FA A'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 a rea of proposed filming. The 3

- day notificatio n 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 a nd 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 permi ssion 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 participa ting 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 applica ble parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

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

Sincerely,

/s/ John S. Duncan Director, Flight Standards ServiceMarch2,2015U.S.DepartmentofTransportation,DocketOperationsWestBuildingGroundFloor,RoomW12-1401200NewJerseyAvenue,SEWashington,DC20590Re:ExemptionRequestunderSection333oftheFAAReformActandPart11oftheFederalAviationRegulationsfromcertainpartsoftheFARs.DearSirorMadame,PursuanttoSection333oftheFAAModernizationandReformActof2012(theReformAct)and14C.F.R.Part11,JasonHoffman,photographer,herebyappliesforanexemptionfromthelistedFederalAviationRegulations("FARs")toallowhimtooperateasmallUnmannedAircraftSystem("UAS")undertheconditionsandlimitationssetforthinthisPetition.Theproposedexemptions,ifgranted,wouldallowPetitionertooperatesmall,camera-mountedunmannedaircraftsystems("UAS")weighing55poundsorlessforthepurposeofaerialfilmingofmotionpictures,musicvideos,webvideos,corporatevideos,televisionprogramsandcommercials,andstillphotography.Therequestedexemptionwouldpermittheoperationofsmall,unmannedandrelativelyinexpensivesUASundercontrolledconditionsinairspacethatis(1)limited,(2)predetermined,and(3)wouldprovidesafetyenhancementstothealreadysafephotographyoperationspresentlyusingmannedhelicoptersandairplanesinNashville.ApprovalofthisexemptionwouldtherebyenhancesafetyandfulfilltheFAAAdministrator'sresponsibilitiesto"...establishrequirementsforthesafeoperationofsuchaircraftsystemsinthenationalairspacesystem."Section333(c)oftheReformAct."Thenameandaddressoftheapplicantis:JasonHoffmanP.O.Box330526Nashville,TN37203Regulationsfromwhichtheexemptionisrequested:14CFRPart2114C.F.R.§45.23(b)14CFR§61.314C.F.R.§91.7(a)14CFR§91.9(b)(2)14C.F.R.§91.10314C.F.R.§91.10914C.F.R.§91.11914C.F.R.§91.12114CFR§91.151(a)14CFR§91.203(a)&(b)14CFR§91.205(b)14CFR§91.21514CFR§91.405(a)14CFR§407(a) (1)14CFR§409(a) (2)14CFR§417(a)&(b)TheAppendixdescribestheFARsfromwhichanexemptionisrequestedandsummarizesthejustificationforeachrequestedexemption.ThePetitionissubmittedtofulfillCongress'goalunderSection333(a)through(c)oftheReformAct,whichdirectstheSecretaryofTransportationtoconsiderwhethercertainunmannedaircraftsystemsmayoperatesafelyinthenationalairspacesystem(NAS)beforecompletionoftherulemakingrequiredunderSection332oftheReformAct.Inmakingthisdetermination,theAdministratormustdeterminewhichtypesofUASsdonotcreateahazardtousersoftheNASorthepublicorposeathreattonationalsecurityinlightofthefollowing:•TheUAS'ssize,weight,speed,andoperationalcapability;•OperationoftheUASincloseproximitytoairportsandpopulatedareas;and•OperationoftheUASwithinvisuallineofsightoftheoperatorReformAct§333(a).IftheAdministratordeterminesthatsuchvehicles"mayoperatesafelyinthenationalairspacesystem,theSecretaryshallestablishrequirementsforthesafeoperationofsuchaircraftinthenationalairspacesystem."ld.§333(c)(emphasisadded).TheSecretaryhasdelegatedhisaviationauthoritytotheAdministratoroftheFAA.TheFederalAviationActexpresslygrantstheFAAtheauthoritytograntexemptionsfromitsregulatoryrequirementsforcivilaircraft,atermdefinedunder§40101oftheAct,whichincludessUASs.TheAdministratormaygrantanexemptionfromarequirementofaregulationprescribedundersubsection(a)or(b)ofthissectionoranysections44702-44716oftheFederalAviationActifAdministratorfindstheexemptioninthepublicinterest.49U.S.C.§44701(f)Seealso49USC§44711(a);49USC§44704;14CFR§91.203(a)(1).Thepetitionerhasoverfifteenyearsofexperienceasadigitalphotographer,bothasaprofessionandhobby,andhasbeenahelicopterandairplaneRCenthusiastwithoutincidentforovertwelveyears.ThewideavailabilityofsmallUnmannedAircraftSystems,alsoknownas"microdrones,"capableofcarryinghigh-quality

video cameras

and priced

at affordable
levels attracted

the petitioner

. His entire involvement

with photography

has involved exploring

new technologies

and adapting them

to capture better quality imagery. Petitioner currently

has practiced flying various
UAS models under

50 pounds, under

35 miles per hour, under 400 feet, for total

of sixty hours over remote areas

of the Nashville metropolitan

area, over remote locations

in East Tennessee,

and

in the Smokey Mountains,

in Tennessee

for recreational purposes, exploring

the potential

and the limitations

of its video subsystem. He

is pleased with the quality

of the still and video imagery captured

and overall safe maneuverability and controlled operation

of the various UASs he's flown

. Currently,

a number

of people, some professional colleagues

and potential future clients, have been made aware

of Petitioner's accomplishments

and have seen the results
and are requesting Petitioner

to undertake additional microdrone photography

for compensation

. He has been advised
that this

is not now permitted unless

he obtains special permission

from the FAA. Many competitors

of Petitioner

are actively flying sUAS

to conduct aerial photography

for commercial purposes, notwithstanding

the FAA's stated prohibition.

He also notes and has read the congressional mandate

in sections

332 and 333
of the FAA Revitalization

and Reform

Act of 2012 that the FAA move quickly

to accommodate

the economic

and societal benefits
that can result from widespread deployment

of sUAS technology. Accordingly, Petitioner applies

for authorization

under
the Federal Aviation

Act, and the FARs rules

to undertake

the following activities

for commercial purposes. Unless the Petition

is granted, Petitioner

will
be at

a significant competitive dis-advantage

if he,
as he prefers, complies
with FAA policy. Vehicle The Petitioner

will fly various small, camera-mounted unmanned aircraft systems ("UAS") weighing

55 pounds

or less,

at

a speed

no greater than

50 knots

. This vehicle

has built

in capability

to limit the height it flies above
the ground,

to limit the radius

of the distance

it flies from the operator,

and
to exclude

it from class

B, C, and

D airspace.

The vehicle
also has the built-in capability

to return

to the launching point

if the wireless control

link

is interrupted

or
if the operator attempts

to exceed

any
of the height, radius,

or airspace limitations programmed

into

it

. The vehicle weighs about five pounds empty
and has

a maximum
gross weight

of approximately
twenty pounds.

It has

a top speed

of about

30 knots, carry neither

a pilot nor passenger,

carry

no explosive materials

or flammable liquids,

and operate exclusively within

a predetermined

area.

It has four fixed pitch rotors, thrust from which

is varied

by changing

RPM

. It is powered

by

a lithium polymer battery. Flight Profile The petitioner

will not fly UAS above 400 feet above ground level,

or more than 1500 feet away from him

. He will carefully preflight check the vehicle before each mission

to assure that

its navigation system are properly calibrated

and that any included return-to-home features, altitude,

and radius limitations work

. He will operate

the vehicle

for aerial photography missions
only

in the early morning hours and other times when few people

are out

in the public.

He will operate

it only over largely unpopulated

areas where
the potential

of uncontrolled descent

to cause injury

or damage

is lowest.He will not operate

it in controlled airspace whatsoever, without express written consent from the FAA. In the unlikely event that

a manned aircraft
flies below 400 feet AGL where
the petitioners operating

his Phantom,

he will keep both the vehicle

and manned aircraft

in sight and avoid the manned aircraft. More particularly,

the Petitioner

will fly UASs only over the following types

of areas

in Metropolitan Nashville: • Over Lakes and various waterways

of Nashville

and the state

of Tennessee, outward ofthe shoreline • Over open water

in marinas, anchorages,

and rivers amongst

and surrounding

the city
of Nashville • Over lines

of railroad

and rail classification

yards • Over metropolitan Nashville parks • Over nonresidential

and noncommercial large-scale industrial
areas • Over private property when

he has been commissioned

by the person

in legal possession

of the property

to do so • Over public

or private events petitioner

is hired

as photographer. The Petitioner's proposed operations satisfy
the criteria provided

in Section

333
of the Reform

Act relating

to size, weight, speed, operating capabilities, proximity

to airports

and populated
areas and operation within visual
line of sight and national security.

The Petition justifies grant

of the requested exemptions

allow the Petitioner

to obtain aerial photography

with
his microdrone. Respectfully submitted, 14 CFR

§ 45.23{b) 14 CFR Part
21 14 CFR

§ 61.3 14 CFR

§ 91.7

{a)

APPENDIX Requirement

to display registration number

on vehicle Aircraft certification requirements

and procedures Requirement

for pilot certificate Airworthiness requirement Insufficient
space

on vehicle Designed

for manned aircraft; not suitable

for off-the-shelf sUAS Part
61 requirements designed for manned aircraft,

not sUAS; petition describes training

for sUAS

o erator Designed

for manned aircraft; not suitable

for off-the-shelf sUAS14 CFR

§ 91

. 9 (b) (2) Requirement

for manual

to be

No one aboard

to read manual available

in the cockpit 14 CFR

§ 91.103(b)
Requirement

for crew Unmanned vehicle members

to be onboard 14 CFR

§ 91.109
Requirement

for dual controls

No one aboard

to operate during flight instruction

controls 14 CFR

§ 91.119

Minimum altitudes

for safe Safety requires operation flight

below these altitudes 14 CFR

§ 91.121

Altimeter settings

No one aboard

to read altimeter 14 CFR

§ 91.203

(a)

& (b) Requirement

for registration

No one aboard

to read and airworthiness certificates certificates to be onboard 14 CFR

§ 91

. 205{b)

Cockpit instruments

No one aboard

to read **::~:·**
r..- **-~~·l4~~·:.:tHR•i l~1i~12:1'2~~:** 

**~li1:1!1**

**i~: ~_;i~:;:?c!** 

( **~"'l~L.;,,**

I 'liTil.'1

u

I II

[

·:m;o **~,~¢7i-;-**

.. **·:t:c3~~J;** 14 CFR

§ 91.215
Transponder requirement

Vehicle

has insufficient
useful load; will
be operated below ATC radar coverage 14 CFR

§ 91.405

(a) Inspection requirements

Designed

for manned aircraft

; not suitable

for off-the

- shelf sUAS 14 CFR

§ 91.407{a)

{1) Inspection approval

Designed

for manned aircraft; requirements

not suitable

for off

- the-shelf sUAS 14 CFR

§ 91.409

(a) {2) Airworthiness

i nspection
Designed

for manned aircraft; not suitable

for off-the-shelf sUAS 14 CFR

§ 91.417

(a)

& {b) Maintenance records

Designed

for manned aircraft; requirements

not suitable

for off-the-shelf sUAS