September 25, 2015

Exemption No. 13019

Regulatory Docket No. FAA−2015−2850

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. The 

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

and videography for real estate sales.

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

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
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aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

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

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection.

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 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, 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 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, 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 groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
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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.

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 
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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.

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 
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(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.

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.
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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.

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

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-Regulatory	Docket	No.	FAA2014-0481	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	Unmanned	

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	maximum	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	

(piloted	by	remote	control)	in	predetermined	areas	away	from	general	public,	

airports,	heliports	and	vehicular	traffic,	under	200	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	only	
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operate	in	a	safe	environment	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,	Subpart	H:	Airworthiness	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	phrases.		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	word	“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	flight	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	practice	flights	in	remote	areas	as	a	hobbyist	simulating	

flights	for	future	commercial	use	to	gain	familiarization	with	the	characteristics	of	

my	UAS	performance	under	different	temperature	and	weather	conditions.		I	also	
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own	and	practice	on	a	computerized	simulated	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	distance	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	airports	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	flights	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	proven	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	grow.
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