August 24, 2015

Exemption No. 12568

Regulatory Docket No. FAA−2015−2407

Mr. Brandon Horgeshimer

Pneumatic Drone Cinema Inc.

4327 South Highway 27

Clermont, FL 34711

Dear Mr. Horgeshimer:

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 April 28, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Pneumatic Drone Cinema Inc. (hereinafter petitioner or operator) for an exemption. 

The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography and videography.

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. However, the FAA 

received three comments in support of the petition made to the docket.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+, DJI S900, and 3D 

Robotics Solo.

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 
2

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, 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, Pneumatic Drone Cinema Inc. 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.

 

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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Conditions and Limitations

In this grant of exemption, Pneumatic Drone Cinema Inc. is hereafter referred to as 

the operator.

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

grounds for the immediate suspension or rescission of this exemption.

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

Vision+, DJI S900, and 3D Robotics Solo 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 
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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 

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.
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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 

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.
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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.

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.
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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.

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 August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

Pneumatic Drone Cinema Inc.

Brandon Horgeshimer

4327 South Hwy 27

Clermont, Florida 34711

407.353.9022

brandon@pneumaticdrone.com

www.pneumaticdrone.com

April 28, 2015

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from 14 CFR 91.7(a);91.119(c); 91.407(a)(1);91.409(a)(1) and (2); 91.417(a)&(b); C.F.R.

61.113(a(&(b); C.F.R. 61.133 (a); C.F.R. 91.405 (a).

To whom it may concern,

Enclosed please find an exemption application filed on behalf of Pneumatic Drone Cinema Inc.

(PDC) under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R Part 11 

to allow commercial operations of unmanned aircraft for aerial photography and videography 

for the real estate, construction, and utilities industries for commercial use, so long as such 

operations are conducted within and under the conditions outlined herein or as established by 

the FAA in an exemption granted under either Section 333 or Section 

It is the request of the petitioner for exemptions listed above in order to legally and safely operate 

the DJI Phantom 2 Vision Plus UAS, DJI S900 UAS and a 3DRobotics Solo in the National Airspace 

System.

PDC is a leading production company in Central Florida with an extensive background in television 

production and videography. PDC proposes to use small, lightweight, UAVs and proprietary 

cloud-based software. 
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As discussed below, PDC’s operations under the exemption will be subject to strict operating 

requirements and conditions to ensure at least an equivalent level of safety to currently 

authorized operations using manned aircraft and under conditions as may be modified by the 

FAA as required by Section 333.

It is the petitioners position that the operations for which exemption is requested are safer and 

more cost effective than using manned aircraft, and for those reasons are in the Public Interest; 

and would be of benefit in identifying areas of operation that may need additional oversight as 

well as raising public awareness and interest in this rapidly growing facet of aviation. 

Because these small UASs will be used in lieu of comparatively hazardous operations now 

conducted with fixed wing and rotary manned aircraft, PDC respectfully submits that the FAA can 

have confidence that the operations will achieve at least an equivalent level or greater level of 

safety. Approval of this exemption would thereby enhance safety and fulfill 333(c) of the Reform 

Act to “establish requirements for the safe operation of such aircraft systems in the national 

airspace system.”

Section 333’s Legal Standard

Grant of this exemption application for use of the above named UAV’s for purposes of obtaining 

and recording video will advance the Congressional mandate in Section 333 of the Reform Act to 

accelerate the introduction of UASs into the national airspace system (“NAS”) if such integration 

can be accomplished safely. The statutory provision directs the Secretary of Transportation to 

consider whether certain UASs may operate safely in the NAS before completion of the 

rulemaking required under Sections the Secretary of Transportation to consider whether certain 

UASs may operate safely in the NAS before completion of the rulemaking required under Section 

332 of the Reform Act. In doing so, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or the public or pose a threat to national security in 

light of the following;

 The UAS’s size, weight, speed, and operational capability;
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 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the operator

If the Secretary determines that such vehicles “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system. (333 emphasis added)

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory, by its terms, includes exempting civil aircraft, as the term is defined under 40101 of 

the Act, from the requirement that all civil aircraft must have a current airworthiness certificate 

and those regulation requiring commercial pilots to operate aircraft in commercial service.

Reform Act 333(a)(1)

Applicant submits that this provision places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems the 

conditions proposed herein require modification in order to allow approval, to supply conditions 

for the safe operation of the UASs. PDC requests to consult with the FAA staff to address any 

issues or concerns that they believe may require such modification. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the Administrator 

finds the exemption is in the public interest.

49 U.S.C 440701(f) See also 49 U.S.C 44711(a); 49 U.S.C 44704; 14 C.F.R 91.203(a)(1).

The grant of the requested exemption is in the public interest given the clear direction in Section 

333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the 

strong equivalent level of safety surrounding the proposed operations; and the significant public 

benefit arising from the use of new technology to provide services that are not practical or safe 
4

to provide using traditional aircraft. Accordingly, the applicant respectfully requests that the FAA 

grant the requested exemption without delay.

Aircraft and Equivalent of Level of Safety

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations and conditions listed herein. These 

limitations provide for at least an equivalent or even higher level of safety to operations under 

the current regulatory structure because the proposed operations represent a safety 

enhancement to operations that would be conducted with conventional aircraft. These 

conditions are drawn from Exemptions 11062 through 11067, 11080, 11109, 11110, 11136, 

11138, 11150 and 11153.

Additional Issues

Privacy- All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Operations will be where the owners have agreed to all PDC’s 

activities to take place. In addition, members of the general public will be alerted to the operation 

of UASs at these locations.

In filing this application, PDC also requests that the FAA combine the grant of the Section 333 

exemption with a stand-alone Certificate of Operation (“COA”) that will allow commercial 

operations of DJI Phantom 2 Vision Plus UAS, DJI S900 UAS and a 3DRobotics Solo without filing for a 

COA for each flight. Compliance with the conditions agreed herein and that may be imposed by the FAA, 

as set forth in prior Section 333 exemptions, provide the separation needed from other aircraft. Notice to 

airmen and notice to air traffic control can be provided by the filing of a NOTAM as set forth within the 

proposed conditions. 
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National Security

Grant of this exemption will not raise any national security concerns. Given the size, load carrying 

capacity, speed at which they operate and the fact that it carries no explosives or any other 

dangerous materials, the DJI Phantom 2 Vision Plus UAS, DJI S900 UAS and a 3DRobotics Solo 

pose no threat to national security.

Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012- size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line 

of sight and national security- provide more than adequate justification for the grant of the 

requested exemptions allowing commercial operation of applicants UAVs for the purposes 

outlined herein and are consistent with exemptions already granted, including Exemptions 11062 

through 11067, 11080, 11109 through 11112, 11114, 11136, 11138, 11150 and 11153.

Given that PDC is willing to abide by conditions the FAA has required in issuing recent Section 

333 exemptions, the FAA has a strong basis for prompt consideration and grant of this request. 

Please contact PDC if there are any other questions or concerns.

Best regards,

Brandon Horgeshimer 

Owner

Pneumatic Drone Cinema Inc.
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Exemption Request and Equivalent Level of Safety Showings under 

Applicable Rules Subject to Exemption

PDC request an exemption from the following regulations as well as any additional regulations 

that may apply to the operations of the DJI Phantom 2 Vision Plus UAS, DJI S900 UAS and a 

3DRobotics Solo.

14 C.F.R. 61.113(a)(b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a)(b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers and cargo, the DJI Phantom 2 Vision Plus UAS, DJI S900 

UAS and 3DRobotics Solo are remotely controlled with no passengers or property of others on 

board. Section 61.133(a) requires an individual with a commercial pilot’s license to be the pilot 

in command of any aircraft for hire and/or compensation. PDC proposes that operator 

requirements should take into account the characteristics of these particular UAS’s. 

DJI Phantom 2 Vision Plus UAS, DJI S900 UAS and the 3DRobotics Solo have navigation and control 

systems capable of conducting pre-programmed missions. Flights are pre-programmed with 

precision GPS guidance and, although monitored by the PIC and Observer, do not require human 

intervention. The aircrafts also can operate in guided mode, where the aircraft will fly to a 

location designated by the operators. In the case of an unplanned event, operators can manually 

intervene and take one of the following actions: 

 Command the aircraft to return and land at the recovery location

 Command the aircraft to conduct a return to the recovery area where the pilot will 

assume control and land the aircraft

 Manually assume control of the aircraft via the hand controller and return the craft to the 

recovery area in which the operator land its manually
7

Additionally, the automated safety functions and safety enhancing features include the 

following:

 Auto-pilot detection of lost GPS initiates GPS failsafe mode, in which the aircraft 

switches to manual control in an altitude hold mode.

 Low battery power on the aircraft triggers the landing sequence and then the craft 

will land at the current location

 If the aircraft detects a lost-link to the ground control station, it will return to the 

launch site and land. 

 If the aircraft exceeds an altitude of 400ft AGL or goes more than 2 km from its launch 

point (except if it is in GPS failsafe mode), it will return to the launch point, 

automatically. 

Given these safety features, PDC purposes that operators of the UAS’s should not be required to 

hold a commercial pilot certification. Instead, operators should be required to hold only a private 

pilot certification. 

The risks associated with the operation of DJI Phantom 2 Vision Plus UAS, DJI S900 UAS and the 

3DRobotics Solo are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 with conventional aircraft that allowing operations of the UAS’s as set 

forth above meets and/or exceeds the present level of safety provided under 14 C.F.R. 

61.113(a)(b) and does not rise to the level of requiring a commercial pilot to operate the aircraft 

under 61.133(a).

Given these conditions and restrictions, an equivalent level of safety will be provided allowing 

operation of the DJI Phantom 2 Vision Plus UAS, DJI S900 UAS and the 3DRobotics Solo with a 

private pilot’s certificate, under the conditions set forth in the exemption re, quest. The FAA has, 

granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080,

11109, 11110, 11136 and 11138.
8

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. As set forth herein, PDC 

will never operate at higher than 400 feet AGL. It will, however, be operated to avoid congested 

or populated areas that are depicted in yellow on VFR sectional charts. No flight will be taken 

without the permission of the landowner, all affected individuals will be aware of and will have 

signed waives consenting to the flights. PDC will ensure that the aircraft will remain at least 500 

feet away from non-participants unless they are protected from potential hazards by barriers or 

structures. 

14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning “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 landing and, assuming normal cruising speed- (1) During the day, to fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The batteries powering the DJI Phantom 2 Vision Plus UAS, DJI S900 UAS and the 3DRobotics Solo

provide approximately 15 minutes of powered flight. Without an exemption from 14 C.F.R. 

91.151, the UAS’s flights would not be permitted. Because, of the limitations of the DJI Phantom 

2 Vision Plus UAS, DJI S900 UAS and a 3DRobotics Solo, a longer time frame for flight in daylight 

VFR conditions is reasonable. PDC would not initiate flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UAS’s with 25% battery power remaining. 

PDC believes that an exemption from 14 C.F.R. 91.151(a) is safe and within the scope of prior 

exemptions. See exemption 10673. Operating the UAS without 30 minutes of reserve fuel does 

not engender the type of risks that Section 91.151(a) was meant to prevent given the size and 

speed at which the UAS’s operate. In the unlikely event that the UAS’s achieve a low battery 
9

status it would simply land. Given the UAS’s weight and construction materials, the risks are less 

than contemplated by the current regulation.

Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745, 

10808, 10673 and Exemptions 11062 through 11067, 11080, 1110, 11112, 11109, 11138, 11136 

and 11150.

14 C.F.R. 91.405(a); 407(a)(1); 409(a)(2); 417(a)&(b): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this and shall between required inspections, expect as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43; Section 

91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance 

work that has been accomplished by certified mechanics, under Part 43, or licensed pilots and 

records of approval of the aircraft for return to service. 

Maintenance of the DJI Phantom 2 Vision Plus UAS, DJI S900 UAS and the 3DRobotics Solo will be 

accomplished by the owner/operator pursuant to the manuals attached as confidential exhibits. 

An equivalent level of safety will be achieved because UAS’s are small and light, will carry a small 

payload, will operate in restricted predetermined areas and is not a complex mechanical device. 

The operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance that is performed; moreover, the 

operator is the person most familiar with the aircraft and is best suited to maintain the aircraft 

in an airworthy condition and to ensure an equivalent level of safety. The FAA has granted 

exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 11110, 

11112, 11136 and 11138.
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Limitations and Conditions

The limitations and conditions for which PDC agrees to be bound when conducting commercial 

operations under an FAA issued exemption include:

1. Operations of the UA is limited to the aircraft described in the attached manuals which 

are miniature rotor aircraft.

2. The UA may not be flown at an indicated airspeed exceeding 50 knots.

3. The may be operated an altitude of no more than 400 feet above the ground level. All 

altitudes reported to Air Traffic Control (ATC) must be in feel AGl.

4. The UA must operate within visual line of sight (VLOS) of the pilot-in-command (PIC) at all 

times. 

5. All operations must utilize a visual observer. The visual observer (VO) may be used to 

satisfy the VLOS requirements as long as the PIC always maintains VLOS capability. The 

VO and PIC must be able to communicate verbally at all times. 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 functions prescribed in the operator’s 

manuals.

6. The manuals must be amended to include all conditions and limitations required by the 

FAA. The manuals must be maintained and made available to the administrator upon 

request. 

7. The PIC must inspect the UA to ensure it is in a condition for safe flight. If the inspection 

reveals a condition that affects the safe operation of the UA, the aircraft is prohibited 

from operating until the necessary maintenance has been performed, and the UA is found 

to be in a condition for safe flight. All maintenance and alterations will be properly 

documented in the aircrafts records.

8. The PIC who conducts the functional test flight after the UAS has undergone maintenance 

or alterations that affect the UAS’s operation, must make an entry in the UAS aircraft 

record.
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9. The preflight inspection must account for all discrepancies not covered in the relevant 

preflight inspection sections of the operator’s manuals. 

10. The operator must follow the manufacturer’s UA aircraft/component, maintenance, 

overhaul, replacement, inspection and life limit requirements, with particular attention 

to flight critical components that may not be addressed in the manufacturer’s manuals. 

11. The operator must carry out its maintenance, inspections, and record keeping 

requirements in accordance with the manuals. Maintenance, inspection and alterations 

must be noted in the aircraft records, including total flight hours, description of work 

accomplished, and the signature of the authorized technician returning the UAS to 

service. 

12. The authorized technicians must receive and document training referenced in the 

manuals.

13. Each UAS operated under the exemption must comply with all manufacturer system and 

safety bulletins.

14. Operator’s maintenance personnel must make a record entry in the UAS logbook or 

equivalent document of the corrective action taken against discrepancies discovered 

between inspections.

15. The PIC must possess at least a private pilot certificate and a third-class airman medical 

certificate. The PIC must also meet the flight review requirements specified in 14C.F.R. 

61.56 as to the UAS.

16. The operator may not permit and PIC to operate unless that PIC has demonstrated 

through PDC’s training and currency requirements that the PIC is able to safely operate 

the UA in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.

17. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within or controlled-access property and land or be recovered in 

accordance with the manuals. 
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18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the manuals.

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

weather condition) there is enough power to at normal cruising speed to the intended 

landing point and land the UA with 25% batter power remaining.

20. The operator will file a request for a Notice to Airmen (NOTAM) not more than 72 hours 

in advance, but not less than 48 hours prior to operation. 

21. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. Part 47 and have identification (NNumber) markings in accordance with 14 C.F.R. Part 45, Subpart c. Markings must be as 

large as practicable.

22. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (“FCC”) or 

other appropriate government oversight agency requirements. 

23. The documents required under 14 C.F.R. 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 yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.).

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

26. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1.All 

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

27. During operations in Class G airspace, the UA may not operate within 5 nautical miles of 

geographic center of an airport as denoted on a current FAA-published aeronautical chart 

unless a letter of agreement with that airport’s management is obtained, and the 
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operation is conducted in accordance with a NOTAM as required by the operator’s COA. 

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

Administrator upon request.

28. The UA may not be operated over congested or densely populated areas unless the 

conditions set forth in #31 are satisfied. These populated areas include, but are not 

limited to, the yellow areas depicted on World Aeronautical Charts (“WAC”, Sectional 

Aeronautical Charts (“Sectionals”), or Terminal Area Charts (“TAC”). However, it is the 

PIC’s responsibility to maintain safe altitudes required by 91.119.

29. Operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC or VO), vessels, vehicles and structures unless:

 Barriers or structures are present that sufficiently protect nonparticipating 

persons from debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If nonparticipating 

persons leave such protection and are within 500 feet of the UA, flight operations 

must cease immediately; and/or 

 The aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those object; and

 Operations near the PIC or VO do not present an undo hazard to the PIC or VO, 

per 91.119(a).

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

permission from the land owner/controller or authorized representative will be obtained 

for each flight to be conducted.

31. In the event COA’s are required, 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 website : www.ntsb.gov.