September 25, 2015

Exemption No. 13019 Regulatory Docket No. FAA

− 20 15

− 2850

Mr. Ashton M. Onesko Prestige Pro Photo

2082 Aurora Avenue Lewis Center, OH 43035

Dear Mr. Onesko :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated June 8, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Prestige Pro Photo ( hereinafter petitioner or operator ) for an exemption . Th e petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct a erial imaging and videography for real estate sales

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petit ioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

.

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 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 the2

aircraft and its operation, the Secr etary 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 parts, Subpart H

— Airworthiness Certificates

, and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection

. 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 Clayco, 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 specifications described by the petitioner and carrying no passengers or crew, rather t han 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 requesti ng 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, Prestige Pro Photo 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 lis ted 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 (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Prestige Pro Photo 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 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 groun dspeed 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 ;

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 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 op erate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be follow ed.4

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

documen ts 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 revisi on 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 t o 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 o perations 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 perso ns 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 saf e 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 operatin g 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 an d

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 government. The PIC must also meet the flight revi ew requi rements 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 be5

operated under this exemption, including evasive and emergency maneuvers and maintaining approp riate 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 (traini ng, proficie ncy, 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

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 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 symbo l as denot ed 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 ava ilable 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 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 begi nning 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 manufactu rer 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 operati ons 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 identification6

(N− Number) markings in acc ordance 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 nonpartici pating 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 r emain 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 control led

- access property with permission from the property owner/controller or aut horized 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 opera tional 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.7

29. The operator must have a mot ion 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 a rea 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 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 certific ate 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 t o 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

essenti al 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 specifie d in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.

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

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

Enclosures1

Ashton	M.	Onesko Prestige	Pro	Photo

2082	Aurora	Avenue Lewis	Center,	OH		43035 (Office)	614

- 330

- 8295

June	8,	2015

U.S.	Department	of	Transportation Docket	Management	System 1200	New	Jersey	Avenue SE	Washington,	DC		20590

Subject:	Exemption	Request Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the Federal	Aviation	Regulations	from	14	C.F.R.	Part	21,	45.27(a),	45.29 (3)(c)(d)(e)(f)(g)(h),	61.113	(a)	&	(b),	91.103,	91.119,	91.121,	91.203,	91.151

Following	the	format	of	FAA	Exemption	No.	11138

- Regul atory	Docket	No.	FAA

2014

- 0481	I	have	included: 1) Supplemental	Response	with	Petition

- Inspire	1	Quick	Start	Manual	v.1.7 2) DJI	Inspire	1 User	Manual 3) Personal	protocols	and	controls

- Safety/Flight	concerns

Pursuant	to	Section	333	of	the	FAA	Modernization and	Reform	Act	of	2012	and	14 C.F.R.	Part	11,	I,	Ashton	Onesko,	a	drone	hobbyist,	preparing	this	exemption	request for	myself,	would	like	to	apply	for	an	exemption	from	the	following	Code	of	Federal Regulations	(C.F.R.)	to	be	allowed	commercial	operation of	lightweight	Unman n ed Aircraft	Systems	(UAS)	for	aerial	imaging	and	videos	for	sale	of	real	estate	in	Ohio and	surrounding	areas.

I	have	experience	in	flying	hobby	quads	for	recreational	purposes	during	the	past	2 years	without	incident.				I	have	added a	hobby	grade Dji	Inspire	1 quad

- copter (maximum	gross	weight	6.4 pounds,	equipped	with	four	rotors	that	are	driven	by electric	motors	powered	by	batteries,	the	UAS	has	a	maxim um	airspeed	of	42 knots) to	my	inventory equipped	with	a	Inspire	1	gimbal with intent	for	aerial videography/cinematography	to	enhance	academic	community	awareness	and augment	real	estate	listing	videos;	following	an	exemption	and	approval	by	the	FAA.

My	exemption	request	would	permit	operation	of	ultra

- light	weight,	unmanned (pil oted	by	remote	control)	in	predetermined	areas	away	from	general	public, airports,	heliport s	and	vehicular	traffic,	under	2 00	ft.	and	after	carefully	reviewing, inspecting	and	examining	the	area	of	aerial	observation.		This	would	allow	for community	videos and	within	property	boundaries	for	individual	homeowner	real estate	listing	videos/photos.		I	will	abide	by	all	FAA	requirements	to	ensure	this exemption	will	provide	a	level	of	safety	at	least	equal	to	existing	rules	and	will	only2

operate	in	a	safe	envir onment	that	is	strictly	controlled,	is	away	from	power	lines, elevated	lights,	airports	and	actively	populated	areas;	and	I	will	conduct	extensive preflight	inspections	and	protocols,	during	which	safety	carries	primary	importance.

14	C.F.R.	Part	21,	Su bpart	H:	Ai rworthiness	Certificates	14	CF § 91.203

Given	the	size,	weight,	speed,	and	limited	operating	area	associated	with	the	aircraft to	be	utilized,	I	am	asking	exemption	from	14CFRpart21,	Subpart	H	(Airworthiness Certificates)	and § 91.203	(a)	and (b)	(Certifications	required),	subject	to	certain conditions	and	limitations,	is	warranted	and	meets	the	requirements	for	an equivalent	level	of	safety	under	14CFR	part	11	and	Section	333	of	P.L.	112

- 95 (Section	333).

14	C.F.R.	45.27(a):	Location	of	marks ;	non	fixed

- wing	aircraft.			14	C.F.R.	45.29	(3) (c)(d)(e)(f)(h):	Size	of	Marks

Furthermore,	I	request	an	exemption	from § 45.23	Marking	of	the	aircraft	because my	UAS	will	not	have	a	cabin,	cockpit	or	pilot	station	on	which	to	mark	certain words	or	phras es.		Additionally,	two

- inch	lettering	is	difficult	to	place	on	such	a small	aircraft	with	dimensions	smaller	than	the	minimal	lettering	requirement.		I understand	the	need	for	marking	and	will	mark	my	UAS	in	the	largest	possible lettering	by	placing	the	wo rd	“Experimental”	or	assigned	number	or	name	(based	on a	request	or	ruling	by	the	FAA)	on	is	fuselage	as	required	by § 45. 29(f)	so	that anyone	assisting	me	as	a	spotter	will	see	the	markings.

I	also	ask	for	an	exemption	from § 91.405(a),	91.407(a)(1),	91. 409(a)(2)	and 91.417(a)	and	(b)	Maintenance	inspections	may	be	required	and	should	be	granted since	they	only	apply	to	aircraft	with	an	airworthiness	certificate.		But,	as	a	safety precaution	I	will	perform	a	preflight	inspection	of	my	UAS	before	each	flig ht	as outlined	in	my	operating	documents.

14	CFR	61.113	(a)	&	(b):	Private	pilot	privileges	and	limitations:		Pilot	in	command.

Under § 61.113	(a)	and	(b)	private	pilots	are	limited	to	non

- commercial	operations, however,	I	can	achieve	an	equivalent	level of	safety	as	achieved	by	current regulations	because	my	UAS	does	not	carry	any	pilots	or	passengers.		While	helpful, a	pilots’	license	will	not	ensure	remote	control	piloting	skills.		The	risks	of	operating

a	UAS	are	far	less	than	the	risk	levels	inherent in	the	commercial	activities	outlined in	14	CFR	part61,	et	seq.,	I	requests	an	exemption	from § 61.113	Private	Pilot Privileges	and	Limitations

.

Regarding	UAS	operational	training,	as	stated	previously,	I	have	two	years experience	flying	numerous	practic e	flights	in	remote	areas	as	a	hobbyist	simulating flights	for	future	commercial	use	to	gain	familiarization	with	the	characteristics	of my	UAS	performan ce	under	different	temperature and	weather	conditions.		I	also3

own	and	practice	on	a	computerized	simul ated	flight	software	to	maintain	adequate skills	and	response	reflex	time.

14	C.F.R. 91.103	(b)(1),	(b)(2):	Preflight	Action If	granted	an	exemption	I	agree	to	additional	safety	procedures	including,	but	not

limited	to:

1) Keeping	my	UAS	within	a	radius	di stance	of	1000	from	the	controller	to	both aid	in	direct	line	of	sight	visual	observation. 2) Operate	the	UAS	for	3

- 7	minutes	per	flight;	land	my	UAS	according	to	the manufacturer’s	recommended	minimum	level	of	battery	power. 3) Operate	my	UAS	only	within	visual line	of	sight	(VLOS). 4) Use	the	UAS’	global	positioning	system	(GPS)	flight	safety	feature;	it	hovers	and then	slowly	lands	if	communication	with	the	remote	control	is	lost. 5) Conduct	all	operations	under	my	own	personal	and	flight	safety	protocols (including )	posting	a	warning	sign	reading:		“Attention	Aerial	Photography	in Progress

- Remain	Back	150”). 6) I	will	operate	and	will	actively	analyze	flight	data	and	other	sources	of information	to	constantly	update	and	enhance	my	safety	protocols. 7) Contact	respective	a irports	if	operations	will	be	within	5	miles	to	advise	them of	my	estimated	flight	time,	flight	duration,	elevation	of	flight	and	other pertinent	information. 8) Always	obtain	all	necessary	permissions	prior	to	operation. 9) Have	procedures	in	place	to	abort	fli ghts	in	the	event	of	safety	breaches	or potential	danger.

Aerial	videography	for	geographical	awareness	of	real	estate	marketing	has	been around	for	a	long	time	through	manned	fixed	winged	aircraft	and	helicopters,	but for	small	business	owners,	its expense	has	been	cost

- prohibitive.			Granting	this exemption	would	allow	me	to	provide	this	service	at	a	much	lower	cost.		Further,	my

small	UAS ,	when	used	properly,	will	pose	no	threat	to	the	public	given	its	small	size

and	lack	of	combustible	fuel	when compared	to	larger	manned	aircraft.		The operation	of	my	UAS	will	minimize	ecological	damage	and	promote	economic growth	by	providing	information	to	companies	looking	to	relocate	or	build	in	the

Ohio	area.

One	final	comment,	the	use	of	a	UAS	has	already	p roven	to	increase	the marketability	of	a	home.		For	example	please	review	the	article	published	January	7, 2015	in	the	San	Diego	source	entitled	“Drone	use	in	real	estate	may	increase:,	(also added	as	an	attachment).		The	article	cites	the	FAA’s	exemption given	to	Douglas Trudeau,	but	also	describes	a	record	high	price	for	an	area	home	that	used	a	drone for	aerial	photography		.”				I	think	it’s	important	to	point	out	that	the	use	of	any	tool that	increases	value	to	a	home	or	community	(by	adding	visibility to	more	potential buyers)	is	in	the	best	interest	of	homeowners	nationwide.		Selling	a	home	faster	and for	more	money	because	of	the	use	of	new	technology	(being	safely	used	and approved	by	the	FAA)	will	go	a	long	way	to	ensure	our	economy	continues	to	gr ow.4