## 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 ofthe 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 aircraf t 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 ofany 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 ServiceExemption Request tor David Ho Pursuant To Section S s s ofthe FAA Reform Act of20 12, March 2S, 20 16 "Blanket "Request.

6/11/16
United States Department ofTransportation Docket Operations 1200 New JerseyAve.SE West Building Ground Floor Room W12-14·0 Washington DC 20590

Re: Exemption Request Pursuant To Section S S S ofthe FAA Ref(xm Act of2012, and March 23, 2015, "Blanket" CoA

Dear Sir or Madam:

I am writing pursuant to the FAA Modernization and Reform Act of2012 (the "Reform Act") and Blanket COA, ofMarch 23, 2015 and the procedures contained in 14· C.F .R. 11, to request that David Ho, owners and operators ofa DJI Inspire 1model no. T600 (Serial**#W130CA23020~J4.7)** (camera Serial #wISDBL30011349) (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 1has a maximum airspeed of4·5 knots and to be exemptedfl·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 undertheconditions outlinedhereinoras may beestablishedBy theFAA as required bySection 333.§ 11.81. The following aspects ofSection 333 ofthe FAA Modernization and Reform Act of2012 should be considered.

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

1. Narne 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 ofTitle 14 ofthe Code ofFederal Regulations fi·om WhichDavid 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 ofreliefyou seek, andthe 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 offlexibility which supplements the present abilities obtainableby manned aircraft inside the national airspace system.

The Reform Act in Section 332 provides for such incorporation ofcivil 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 operatemy DJI Inspire 1 ultra-light weightUNMANNED AIRCRAFTSYSTEMS (UAS), prior to thetime 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 ofthe FAA Reform Act of20 12, March 23, 2015 "Blanket "Request.

airspace system. Considerations include:The weight, size, speed and overall capabilities ofthe 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 operatedbyline ofsight. My DJI Inspire 1 1 model no. T600 (Serial #W130CA2302091·7) (camet·a Serial #wiSDBL3001134·9) (Repeater serial Wl40CA15030320) UNMANNED AIRCRAFTSYSTEMS (UAS) operates four 

### ('l·) cotmter-rotatingpropellers 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 ofthe UNMANNED AIRCRAFT SYSTEMS (UAS) preceding flight and post flight must be operated in a check listformat and that safety is paramountwith eachflight. My DJI Inspire 1model 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 ofdetrimental 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 ofcollision hazard with respect to persons on the ground or property and to land/terminate instant!y tothe nearby and safest ground point should a manned aircraft approach my location or suspectmanned aircraft may approach near my location, My DJI Inspire 1 model no. T600 (Serial #W130CA2302094·7) (camet·a Serial #w18DBL300 11349) (Repeaterserial W l1·0CA 15030320) UNMANNEDAIRCRAFTSYSTEMS(UAS) is capable ofvertical 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 ofa 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 ofsight (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 Benefitthe 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 oftime done with manned fixed wing aircraft and helicopters. For the small budget businessperson the expense ofsuch aerial Videography is enormously fee and costprohibitive. 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 offlammable fuel significantly reduces any potential threat to the public.

5. 

### Reasons WhyExemptionWill Not Adversely Affect Safety or How the ExemptionWill Provide a Level ofSafety At LeastEqual To Existing Rule:
David Ho's safety protocols will enhance safety; exemption will not adversely affect safety. In addition I, submitthefollowing representations ofenhancements to currentaerial videographyand photographyfor 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:



### 2Exemption Request for David Ho Pursuant To Section**~J** 8 :l ofthe FAA Reform Act of20 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 ofoperation. 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 ofQuad 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 onlyoperate 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 ofsight; 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 of2012); 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 ofbattery power; 10. I tor one will employ the GPS a flight safety feature whereby it hovers and then slowly lands ifcommunication 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 ofsight (VLOS) ofme. 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.



### 3Exemption Request for David Ho PursuantTo Section :J B ;J ofthe FAA Reform Act of2012, 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 ofoperation 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 andsafely.

6. 

### A Summary The FAAMayPublish inthe FederalRegister:

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

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 ofmy, 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. Bothpieces oflegislation permitthe FAA to exempt UNMANNED AIRCRAFT SYSTEMS (UAS)'s fi·om the airworthiness certificate requirement in consideration ofthe 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 ofthe 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 barometricsensor.

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 ofsafety 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 ofthe 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,



### 4Exemption Request for David Ho Pursuant To Section**~J** 3 3 ofthe FAA Ref(Jrm Act of2012, 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 UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10 1G7A 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 ofsafety as achievedby 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 AIRCRAFTSYSTEMS (UAS) is far less than the risk levels inherent in the commercial activities outlined in H· C.F.R. § G1, 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 ofcivil 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 ofsafety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofmy UNMANNED AIRCRAFT SYSTEMS (UAS),
an equivalent or higher level ofsafety 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 otherthings, aircraft owners and operators to "have [the] aircraft inspected
as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 1·3 ofthis chapter.

..."

These Regulations only apply toaircraft with an airworthiness certificate. They will not, therefore, apply tomy, 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 ofnecessary 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** ofthe 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.~** ofthe 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 AIRCRAFTSYSTEMS (UAS) meets orexceeds each oftheelements. 14 C.F.R. 91.7(a) prohibits the operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 11·



### 5Exemption Request f(x David Ho Pursuant To Section 3 3 3 ofthe FAA Reform Act of20 12, March 23, 2015 "Blanket "Request.

C.F.R. 

### §91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are nopilots orpassengers, and given the size ofthe UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this Regulation is inapplicable. An equivalent level ofsafety 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 ofsafety will be achieved.

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

David Ho



### 6