July 8, 2015

 Exemption No. 11363A

 Regulatory Docket No. FAA-2015-0114

Mr. David Ho

8312 Callista Drive

Frankfort, IL 60423

Dear Mr. Ho:

This letter is to inform you that we have granted your petition for an amendment. It explains 

the basis for our decision, describes its effect, and lists any changes to the original conditions 

and limitations.

By letter dated May 11, 2015 you petitioned the Federal Aviation Administration (FAA) for 

an amendment to your current exemption. That exemption from §§ 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) of Title 14, Code of 

Federal Regulations (14 CFR) allows the petitioner to operate a UAS to perform aerial data 

collection. You requested an amendment to add DJI Inspire I.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

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

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. The 

unmanned aircraft(s) authorized in the original grant are comparable in type, size, weight, 

speed and operating capabilities to those in this petition.

Airworthiness Certification

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 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, 
2

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11363 

remains valid and is in the public interest. Therefore, under the authority contained 

in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, the operator is 

granted an amendment to add new aircraft to its UAS operations.

The operator shall add this amendment to its original exemption.

 

Conditions and Limitations

All conditions and limitations within Grant of Exemption No. 11363 remain in effect except 

as follows. Condition No. 1 has been updated to reflect the additional aircraft. 

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 and 

DJI Phantom 2 Vision Plus 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.

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
Exemption Request tor David Ho Pursuant To Section S s s of the FAA Reform Act of 20 12, March 2S, 20 16 "Blanket 

"Request. 

6/11/16 

United States Department ofTransportation 

Docket Operations 

1200 New Jersey Ave.SE 

West Building Ground Floor Room W12-14·0 

Washington DC 20590 

Re: Exemption Request Pursuant To Section S S S of the FAA Ref(xm Act of 2012, and March 23, 2015, "Blanket" CoA 

Dear Sir or Madam: 

I am writing pursuant to the FAA Modernization and Reform Act of 2012 (the "Reform Act") and Blanket COA, of March 23, 

2015 and the procedures contained in 14· C.F .R. 11, to request that David Ho, owners and operators of a DJI Inspire 1 model no. 

T600 (Serial #W130CA23020~J4.7) (camera Serial #w ISDBL30011349) (Repeater serial WHOCA15030320) UNMANNED 

AIRCRAFT SYSTEMS (UAS), and a transportable ground station. The INSPIRE I is referred to as a quad-copter with the 

maximum gross weight of about 6.5 pounds. It is equipped with four rotors that are driven by electric motors powered by 

batteries. The Inspire 1 has a maximum airspeed of4·5 knots and to be exempted fl·om the Federal Aviation Regulations (FAR's) 

listed below. 

The exemption is needed in order to operate a small lightweight unmanned aircraft system (UNMANNED AIRCRAFT 

SYSTEMS (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA). These operations will be 

conducted within and under the conditions outlined herein or as may be established By the FAA as required by Section 333.§ 11.81. 

The following aspects of Section 333 of the FAA Modernization and Reform Act of2012 should be considered. 

The following information is submitted to meet the requirement of the above act. 

1. N arne and address: 

a. David Ho 

b. 8312 Callista, Frankfort II 6042S 

c. Oflice: 779-324-0788 

d. Email: David({V,aerialphoto.pics 

2. The Specific Sections of Title 14 ofthe Code of Federal Regulations fi·om 

Which David Ho Requests Exemption are: 

H CFR21; 

H C.F.R. 45.23(b); 

11< CFR 61.113 (a) & (b); 

14< C.F.R. 91, et seq.; 

14· CFR 1·07 (a) (1); 

14 CFR 1·09 (a) (2); and, 

l'l· FR1·17(a)&(b). 

3. The extent of relief you seek, and the reason you seek relief: 

David Ho, respectfully submits this request in harmony with the Reform Act, 112 P.L. 95 §§ 3:3 I-:331·, pursuing reprieve 

fhlm any currently applicable FARs operating to preclude me, David Ho intended use is saleable aerial cinematography in 

video or still format within the Greater Chicago region to provide information f(x intended parties that enhances real estate 

listings or any legal business that provide supplementary tool adding a greater degree of flexibility which supplements the 

present abilities obtainable by manned aircraft inside the national airspace system. 

The Reform Act in Section 332 provides for such incorporation of civil unmanned aircraft systems into our national airspace 

system as it is in the public's interest to do so. David Ho's, DJI Inspire I model no. T600 (Serial #W130CA2302091·7) 

(camera Serial #w18DBL300II:H9) (Repeater serial WaoCA15030320) quad-copter small UNMANNED AIRCRAFT 

SYSTEMS (UAS), meets the definition of "small unmanned aircraft" as defined in Section :331 and therefore the integration 

of my ultra-light weight UNMANNED AIRCRAFT SYSTEMS (UAS) is expressly considered by the Reform Act. David 

Ho would like to operate my DJI Inspire 1 ultra-light weight UNMANNED AIRCRAFT SYSTEMS (UAS), prior to the time 

period, by which the Ref(Jrm Act requires the FAA to broadcast rules governing such craft. The Ref(Jrm Act guides the 

Secretary in defining the types of UNMANNED AIRCRAFT SYSTEMS (UAS)'s that may operate safely in our national 

1 
Exemption Request for David Ho Pursuant To Section 3 .'3 ;J of the FAA Reform Act of 20 12, March 23, 2015 "Blanket 

"Request. 

airspace system. Considerations include: The weight, size, speed and overall capabilities of the UNMANNED AIRCRAFT 

SYSTEMS (UAS)'s; whether the UNMANNED AIRCRAFT SYSTEMS (UAS) will be operated near airports or heavily 

populated areas; and, Whether the UNMANNED AIRCRAFT SYSTEMS (UAS) will be operated by line of sight. My DJI 

Inspire 1 1 model no. T600 (Serial #W130CA2302091·7) (camet·a Serial #wiSDBL3001134·9) (Repeater serial 

Wl40CA 15030320) UNMANNED AIRCRAFT SYSTEMS (UAS) operates four ('l·) cotmter-rotating propellers for stability, 

control and steadiness. My UNMANNED AIRCRAFT SYSTEMS (UAS) is equipped with GPS and auto return safety 

technology. Weighing less than flve (6) pounds far below the maximttm 55 pound limit); including camera with gimbal. 

Operation of the UNMANNED AIRCRAFT SYSTEMS (UAS) preceding flight and post flight must be operated in a check 

list format and that safety is paramount with each flight. My DJI Inspire 1 model no. T600 (Serial #W130CA2302094·7) (camera 

Serial #w18DBL30011fl1·9) (Repeater serial W11·0CA15030320) is designed to hover in place via GPS and operate in less 

than a 1·5 knots. David Ho operates this UNMANNED AIRCRAFT SYSTEMS (UAS) with in mind that safety, stability and 

fear of detrimental financial loss, I will not fly in winds exceeding 13 knots (15 mph). Built in safety systems include a GPS 

mode that allows my UNMANNED AIRCRAFT SYSTEMS (UAS) to hover in place when radio controls are released. 

This is the safest, most dependable and unwavering mode to prevent accident and hazard. When pilot communication is lost 

UNMANNED AIRCRAFT SYSTEMS (UAS) is designed to slowly descend to point of origination, the UNMANNED 

AIRCRAFT SYSTEMS (UAS) has a function that instantaneously video records once communication is lost. I do not and will 

not operate my UNMANNED AIRCRAFT SYSTEMS (UAS) near airports, Hospitals or helipads, and do not operate near 

areas where general public is one hundred (100) yards depending on location, conditions and weather. David Ho is constantly 

vigilant on alert f(Jr any manned aircraft and prepared either avoid and shall yield the right-of-way to all aircraft and operate 

in a manner to avoid any type of collision hazard with respect to persons on the ground or property and to land/terminate 

instant! y to the nearby and safest ground point should a manned aircraft approach my location or suspect manned aircraft may 

approach near my location, My DJI Inspire 1 model no. T600 (Serial #W130CA2302094·7) (camet·a Serial 

#w 18D BL300 11349) (Repeater serial W l1·0CA 15030320) UNMANNED AIRCRAFT SYSTEMS (U AS) is capable of vertical 

and horizontal operations, and are flown only within my line of sight of me. As the Remote controlled pilot The 

UNMANNED AIRCRAFT SYSTEMS (UAS) is operation under the power of a battery power rather than combustible fuels, 

flights generally last between ten (10) to 15 minutes, with an altitude under 200 hunclred (200) feet, conducted during 

daytime, visual flight rules (VFR) condition and within visual line of sight (VLOS) ofme, and I will follow FAA guidelines of 

operation 5 NM fi·om an airport having an operational control tower , 3 NM from an airport with a published 

instrument flight procedure, but not an operational tower or 2NM from an airport without a published 

instrument flight procedure or a operational tower or 2 Nm from a heliport with an instrument flight 

procedure. 

4. How Request Will Benefit the Public As A Whole: 

In-flight videography for topographical awareness and real estate marketing or any legal business utilizing aerial photographs 

or video has been around for an extensive period of time done with manned fixed wing aircraft and helicopters. For the small 

budget businessperson the expense of such aerial Videography is enormously fee and cost prohibitive. Depriving, many others of 

the smaller businessperson from exploiting a valuable advertising tool. Manned aircraft exposes a superior hazard to the public 

through conceivable cataclysmic crash causing loss to property and or life. UNMANNED AIRCRAFT SYSTEMS (UAS) pose 

no such hazards due its size, speed and nonexistence of flammable fuel significantly reduces any potential threat to the public. 

5. Reasons Why Exemption Will Not Adversely Affect Safety or How the Exemption Will Provide a Level of Safety At 

Least Equal To Existing Rule: 

David Ho's safety protocols will enhance safety; exemption will not adversely affect safety. 

In addition I, submit the following representations of enhancements to current aerial videography and photography for real estate 

or any legal business requiring photographic images: 

DJI Inspire 1 

Serial Number: 1 model no. T600 (Serial #W1SOCA2;J02094·7) (camera Serial #wl8DBL:30011fl1·9) (Repeater serial 

W14·0CA150.'30B20) weighs less than 7 pounds complete with DJI Factory installed camera: 

2 
Exemption Request for David Ho Pursuant To Section ~J 8 :l of the FAA Reform Act of 20 12, March 28, 20 15 "Blanket 

"Request. 

~ The Inspire I, firmware programmed for maximum 200 feet above ground level and 1000 feet radius distance are limited 

distance for maintaining Visual sight line of operation. Most intended operation will only requires range of 25-125 above 

ground level and less than 200 feet lateral distance from Pilot in command. 

Current firmware upgrades tor: 

~ 

~ 

~ 

~ 

~ 

Main Controller 

GPS 

Receiver 

Battery 

Zen IMU 

I. I for one always obtain all essential permissions prior to operation and postings a warning sign reading 

"Attention Use of Quad Rotor Drone tor Aerial Photography in progress- Remain Back 125 feet"; 

2. I for one will conduct operations under strict personal and flight safety protocols and constantly strive to update 

and enhance safety protocols; 

3. I for one conduct extensive pre-flight inspections and protocol, during which safety carries principal 

importance; 

1·. No payloads other than gimbaled camera; 

5. I for one only operate in reasonably sate environment that are strictly controlled, are away ti·om power lines, 

elevated lights, airports and actively populated areas; 

6. I tor one, pilot my UNMANNED AIRCRAFT SYSTEMS (UAS) through remote control only by line of sight; 

7. I for one, only operate my UNMANNED AIRCRAFT SYSTEMS (UAS) w it h a he i g h t 

limitation set for a maximum of 200 feet ABOVE GROUND LEVEL 

and D uri n g the day (Operating -60% inside the 200 !(Jot permissible ceiling set by the FAA 

Modernization and Reform Act of20 12); 

8. I tor one, UNMANNED AIRCRAFT SYSTEMS (UAS) only operate tor 3-7 minutes per flight, well with in 

tolerances issued by the manufacture; 

9. I tor one will land my UNMANNED AIRCRAFT SYSTEMS (UAS) prior to manufacturer recommended 

minimum level of battery power; 

10. I tor one will employ the GPS a flight safety feature whereby it hovers and then slowly lands if communication 

with the remote control pilot is lost and continues to record flight as per manufacture settings; 

II. I tor one will maintain recot·ds specific to retain until the work is repeated or superseded by other work tor one 

year after the work is performed; 

12. I for one will maintain records shall retain and transferred with the aircraft at the time the aircraft is sold; 

l~l. I for one will list or denote in records a list of detects tltrnished to a registered owner or operator shall be 

retained until defects are repaired and the aircraft is approved tor return service; 

11·. Visual flight rules (VFR) condition and within visual line of sight (VLOS) of me. 

15. I will stay away t!-om 5 NM from an airport having an operational control tower. 

16. 3 NM from an airport with a published instrument flight procedure, but not an operational 

tower 

17. 2NM from an airport without a published instrument flight procedure or an operational tower 

or 2 Nm from a heliport with an instrument flight procedure. 

3 
Exemption Request for David Ho Pursuant To Section :J B ;J of the FAA Reform Act of 2012, March 2:J, 20 15 "Blanket 

"Request. 

David Ho's operating procedures exceeding extstmg rules. First, the possible loss of life is lessened because 

UNMANNED AIRCRAFT SYSTEMS (UAS)'s carry no pilots or passengers on board and I only operate my UNMANNED 

AIRCRAFT SYSTEMS (UAS) safely in the direct detailed areas of operation versus fixed wing or helicopter requires travel 

to the region of need. Second, there is no fuel on board an UNMANNED AIRCRAFT SYSTEMS (UAS) and thus the 

probability for tire or explosions is significantly diminished. Lastley, the small size and extremely maneuverability of my 

UNMANNED AIRCRAFT SYSTEMS (UAS) allow me to remotely pilot away fl·om hazards quickly and safely. 

6. A Summary The FAA May Publish in the Federal Register: 

14 C.F.R. 21 and 11· C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 

11- C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR § 91.20.3( a)( 1 ). The size, weight and enclosed operational area of my, David 

Ho's, UNMANNED AIRCRAFT SYSTEMS (UAS) permits exemption fi·om Part 21 because my UNMANNED 

AIRCRAFT SYSTEMS (UAS) meets (and exceeds) an equivalent level of safety pursuant to Section s.~s of the 

Reform Act. The FAA is authorized to exempt aircraft fi·om the airworthiness certificate requirement under both the 

Act ( 1·9 U.S.C. § 14-70 I (f)) and Section .333 of the Reform Act. Both pieces oflegislation permit the FAA to exempt 

UNMANNED AIRCRAFT SYSTEMS (UAS)'s fi·om the airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, David Ho's, 

current and projected UNMANNED AIRCRAFT SYSTEMS (UAS)'s meet or exceed each of the details. 

14 C.F.R. 91. 7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate 

will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

11· C.F.R. § 91.9 (b) (2) requires an aircraft Hight manual in the aircraft. As there are no on board pilots or passengers, 

and given the size ofthe UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this Regulation is inapplicable. An equivalent 

level of safety will be achieved by maintaining safety/flight manual delineating areas of where safety can be 

defined.(See Enclosed) The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 

8738,9299, 92il9A, 9565, 9565B, 10167, 10lfi7A, 10G02, 10700 and:J2827. 

11- C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UNMANNED AIRCRAFT SYSTEMS 

(UAS) utilizes electronic global positioning systems with a barometric sensor. 

11· C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certif!cations and registrations. They are 

inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any 

such required certifications and registrations by me, David Ho. 

1'1 C.F.R. § 1·5.2:3: Marking of the Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My 

UNMANNED AIRCRAFT SYSTEMS (UAS) are, by definition, unmanned. They therefore do not have a cabin, 

4 
Exemption Request for David Ho Pursuant To Section ~J 3 3 of the FAA Ref(Jrm Act of 2012, March 23, 2015 "Blanket 

"Request. 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch letterin)S is difl'icult to place 

on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark its 

UNMANNED AIRCRAFT SYSTEMS (UAS)s in the largest possible lettering by placing the word 

"EXPERIMENTAL" on its fuselage as required by 11- C.F.R. 

§1·5.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UA V will see the markings. The FAA 

has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10 1G7 A and\0700. 

14 C.F.R. § Gl.l13: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 11· C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. I, David Ho, 

can achieve an equivalent level of safety as achieved by current Regulations because my UNMANNED AIRCRAFT 

SYSTEMS (UAS) does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure 

remote control piloting skills. The risks attended to the operation of my UNMANNED AIRCRAFT SYSTEMS 

(UAS) is far less than the risk levels inherent in the commercial activities outlined in H· C.F.R. § G 1, et seq. 

Thus, allowing me, David Ho, to operate my UNMANNED AIRCRAFT SYSTEMS (UAS) meet and exceed 

current safety levels in relation to H C.F.R. §G 1.113 (a) & (b). 

11- C.F.R. 91.119: Minimum Safe Altitudes. 

11· C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated 

at lower altitudes in certain conditions. My UNMANNED AIRCRAFT SYSTEMS (UAS) will never operate at 

an altitude gt·eater than 200 ABOVE GROUND LEVEL; safely below the standard of 1·00 ABOVE GROUND 

LEVEL. I, David Ho, will however operate my UNMANNED AIRCRAFT SYSTEMS (UAS) in safe areas away 

fi·om public and trafflc, providing a level of safety at least equivalent to or below those in relation to minimum safe 

altitudes. Given the size, weight, maneuverability and speed of my UNMANNED AIRCRAFT SYSTEMS (UAS), 

an equivalent or higher level of safety will be achieved. 

11· C.F.R. 91.1·05 (a); 1·07 (a)(!); 1·ml (a) (2); 1·17(a) & (b): Maintenance Inspections. 

The above-cited Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 1·3 of this chapter. ... " 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, David Ho's, 

UNMANNED AIRCRAFT SYSTEMS (UAS). However, as a safeguard I inspect my UNMANNED AIRCRAFT 

SYSTEMS (UAS) beforehand and afterward each flight. 

Summary the FAA May Publish in the Federal Register: A. 11· C.F.R. 21 and 14 

C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 11- C.F.R. 21, Subpart H, entitled Airworthiness Certificates, 

sets f(Jrth requirements tor procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a)( 1 ). The size, 

weight and enclosed operational area ofmy UNMANNED AIRCRAFT SYSTEMS (UAS) permit exemption fl·om Part 21 

because my, David Ho's, UNMANNED AIRCRAFT SYSTEMS (UAS) meets an equivalent level of safety pursuant to 

Section 3.~~3 of the Reform Act. The FAA is authorized to exempt aircraft ti·om the airworthiness certificate requirement 

under both the Act (4·9 U.S.C. § '1-4701 (t)) and Section 33.~ of the Reform Act. Both pieces oflegislation permit the FAA to 

exempt UNMANNED AIRCRAFT SYSTEMS (UAS)'s fi·om the airworthiness certificate t·equirement in consideration of 

the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UNMANNED 

AIRCRAFT SYSTEMS (UAS) meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft 

without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 11· 

5 
Exemption Request f(x David Ho Pursuant To Section 3 3 3 of the FAA Reform Act of 20 12, March 23, 2015 "Blanket 

"Request. 

C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size 

of the UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this Regulation is inapplicable. An equivalent level of safety will be 

achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 

8737, 8738, 9299, 929>JA, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative 

measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. 

7. There is no request to exercise the privileges of your exemption outside the United States. 

David Ho 

6