July 14, 2015

Exemption No. 12025 Regulatory Docket No. FAA

– 20 15

– 1524

Mr. Jesse La sky 155 Exchange Street Albany, NY 12205

Dear Mr. Lasky :

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 May 1, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to

conduct aerial phot ography, videography, and survey operations

.

See Appendix A for the petition submitted to the FAA des cribing 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 p etitioner is a DJI Inspire 1

.

In accordance with the statutory criteria 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 relief from 14 CFR part 21

, C ertification procedures for products and parts,2

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 1

. 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 C layco, Inc. ( see Docket No. FAA

− 2014

− 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 sp ecifications 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 reas ons 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. Jesse La sky is granted an exempt ion 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 UA S 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. Jesse La sky is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

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 Inspire 1 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 maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r 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 thi s 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

limita tions 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 ope rator 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. The4

operator must also present up dated 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 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 op eration 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 p eople. 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. Pr ior 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

ins pection 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 UA S 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 exemptio n, 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, Pu erto Rico, a territory, a possession, or the Federal government. 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, ve ssels, 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 VOs5

(traini ng, proficiency, and experience

- building) an d 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 tr aining sessions. During

traini ng, 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 wi th 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 symbo l as denoted on the current

FAA

- published ae ronautical 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 s ign 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 five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organ ization (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, Subpa rt 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 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.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 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 91.8

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

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresJesse Lasky

155 Exchange Street
Albany, New York 12205
(Phone) 518

- 598

- 2849
jesseclasky@gmail.com

May 1, 2015

U.S. Department of Transportation

Docket Management System
1200 New Jersey Avenue, SE
Washington, DC 20590

RE: Request for Exemption Per PL 112

- 95 §333 from 14 CFR 61.113(a) and (b), 14 CFR 91.103, 14
CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.405(a), 14 CFR
91.407(a)(1 ), 14 CFR 91.409(a)(2), 14 CFR 91.417(a) and (b)

T he following documents have been included in or der to provide supplement al information for this

petition ’s request for exemption:

1. Inspire_1_Safety_Guidelines

2. Inspire_1_User_Manual_v1.2

3. Inspire_1_Maintenance_ManualV1.0

Dear Sir or Madam,

This letter will serve as a request for an exemption of the above sections of title 14 CFR for myself , Jesse
Lasky, henceforth referred to as the petitioner, for the purpose of conducting commercial “ aerial
photography, videography , and survey operations ” using a small Unmanned Aircraft S ystem (sUAS) in
FAA controlled airspace. As described herein , Jesse Lasky, is an e xperienced user of multicopter sUAS
for hobby operations , flying multicopters of varying sizes under 55 pounds using both V isual L ine O f

S ight (VLOS) and on board camera controls. The following petition provides all necessary information to justify an exemption from the above listed Federal Aviation Regulations.



### The Unmanned Aircraft System

The petitioner will be flying a DJI Inspire 1 that is equipped with 4 propellers, onboard camera, and
onboard flight control systems that utilize both GPS and ground movement to stabilize the aircraft. The
Inspire 1 is o p erated via remote control in the 2.4ghz spectrum.

The sUAS has built in fun c tionality that can limit the height it flies above the ground, limit the distance

between the aircraft and PIC, and restrict the sUAS fro m flying in class B, C, and D airspace. The aircraft
also comes preinstalled with the ability to automatically return to the PIC and land if any of the previous

restrictions are violated, or if the connection to the wireless controller is lost.

The sUAS we ighs 2935 grams (just under 6 pounds) while carrying all necessary batteri e s and cameras. It

also has a max speed of 22 meters per second (just under 43 knots) that can be limited prior to takeoff.The aircraft is powered via a lithium polymer battery whic h supplies electricity to the 4 brushless onboard

motors.

( For more specifications, please refer to the attached owner’s manual [ Inspire_1_User_Manual_v1.2 ]

. Pre

- flight and post

- flight inspections will be consistent with the attached Safety Gu idelines and

Maintenance Manual [ Inspire_1_Safety_Guidelines ] [ Inspire_1_Maintenance_ManualV1.0 ] )



### The Unma nned Aircraft PIC

Jesse Lasky, the PIC of the DJI Inspire 1 is an expe rienced sUAS pilot, especially piloting multi

- rotor

aircraft. The petitioner has been a hobbyist sUAS pilot for over 5 years, and has piloted this particular

aircraft on numerous occasio ns without incident. To improve safety and comply with the FAA’s requests,
a trained observer will be present at all times during the flight. The petitioner is also experienced with

maintain ing a controlled area of operations, ensuring the safety of all nearby persons and prope rty.



### sUAS Operation Overview

The sUAS will be operated to provide aerial photography

, videography , and survey services to the public
sector, particularly for the purposes of real estate, weddings, events, and property surveys.

Prior to the operation, flight restrictions will be programmed into to sUAS to prevent it from flying 400
feet above ground level or 1500 away from the PIC. Before takeoff, t he operator and observer will review
the pre

- flight checklist (found in Inspire_1_Safety_Guidelines ) and survey the area to determine if

weather/cloud conditions are suitable for flight and what the emergency landing sites would be. A ll
nearby persons in the operations area will be made aware of the flight in progress. Flights will not take
place over densely populated areas or private property without the owner ‘s permission. Once the
operation is complete, the sUAS will be inspected to determine if any maintenance will be needed before
the next operation.

Compared to traditiona l flights using manned aircraft , flights using sUAS are much less dangerous and
therefor would not adversely affect safety :

 The nature of these flights will restrict the use of the sUAS to a small area where all nearby
persons can be aware of the ongoing flight

.

 The sUAS carries no explosive materials or combustible liquid fuel.

 The light weight of the sUAS would cause minimal damage in the event of an airborne failure,
especially when compared to traditional manned aircraft with airworthiness certificates.

 The small size of the sUAS would allow for all operations to be conducte d within a clearly
defined area, including takeoffs and landings.

All flights by the PIC will begin and remain outside of a 5 mile radius of any airport. The sUAS has a
mandatory, built

- in fun c tionality to restrict the aircraft from flying within this radius and will
automatically land if it inadvertently violates this restriction. Any and all precautions will be taken by the
PIC and the accompanying Observer to prevent midair collisions with objects and other aircraft

, even outside the 5km radius of airports.All planned operations utilizing the sUAS will be completed safely. With the combi nation of the preflight

safety risk assessments previously discusse d and the inherently reduced risk of flying a sUAS compared

to a traditional manned aircraft, the PIC will be able to provide a level of safety greater than the
traditional method of performing aerial ba sed photography, videography

, and survey operations.



### Benefit to Public Interest

The services provided by the petitioner would be a great benefit to the public as a whole. Granting this
exemption would reduce the need for traditional forms of aerial photography, videography, and surveys

which

, as previously discussed

, are much more dangerous than operations perf ormed by sUAS. The cost
of sUAS operations is also significantly lower than traditional aerial photography flights, making these
services available to smaller businesses or individuals that otherwise may not be able to afford them. This

in turn allows businesses to better serve their clients, increasing the public benefit as a whole

.



### Conclusion

All commercial sUAS flights by the petitioner shall satisfy the criteria provided in Section 333 of the

Reform A ct of 2012, including: size, weight, speed, flight within VLOS, distance f r om PIC, distance from
airports, o peration capabilities, maintain ing safety , and the ben efit to the public. In accordance with the

FAA ’s announcement on March 23 rd , 2015, the petitioner will apply for a Certificate of Waiver or

Authorization for all flights over 200 feet above the ground. These qualifications more than justify
granting the petitioner, Jesse Lasky, with an exemption to the stated sections of title 14 CFR

.

The requests of this petition are similar to those of Marcus D. Melhus, Ralph J. Apel, and Saratoga Aerial

and Video, all of whom have received Section 333 exemptions for use of comparable aircraft for similar
operations.

Thank you for your time and consideration.

Sincerely,

Jesse C. Lasky

Petitioner