May 8, 2015 

 Exemption No. 11533 

 Regulatory Docket No. FAA–2015–0462 

Mr. David Akers 

President 

AviTronics Integrated Solutions, LLC 

P.O. Box 1644 

Rockwall, TX 75087 

Dear Mr. Akers: 

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 February 20, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of AviTronics Integrated Solutions, LLC (hereinafter petitioner or operator) for an 

exemption. The exemption would allow the petitioner to operate an unmanned aircraft system 

(UAS) to conduct aerial photography and digital cloud print surveys. 

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 are the DJI Phantom 2 Vision and 3DRobotics IRIS. 
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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 

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. 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, AviTronics Integrated Solutions, LLC 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. 
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Conditions and Limitations 

In this grant of exemption, AviTronics Integrated Solutions, LLC 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 Phantom 2 

Vision and 3DRobotics IRIS 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 
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limitations in this exemption and the procedures outlined in the operating documents, 

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

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The 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. 
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, 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 5 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. 
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, 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. 
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

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. 

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

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 
February 20, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act. 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform 

Act"), AviTronics Integrated Solutions, LLC ("AviTronics"), the operator, David A. Akers 

(the applicant), planned operator of Unmanned Aircraft Systems (UASs) equipped to 

conduct aerial photography and digital point cloud surveys for various industries hereby 

applies for an exemption from Federal Aviation Regulations (FARs) to allow commercial 

operation of our UASs, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 

333. 

As described more fully in Appendix A, the requested exemption would permit the 

operation of UASs by the operator for commercial use that would provide the following 

benefits: 

1. Operations would be performed in an area of operation limited in size suitable to the 

specific use, in advance of flight. 

2. The flight would be planned in advance to minimize hazards to persons and property 

in the air and on the ground. 

3. The operator would reasonably limit or control access to provide safety to those not 

involved in the operation. 

4. Operation of a UAS would provide significant safety, environmental and other 

enhancements not possible by larger sized aircraft. 

5. An FAA licensed airman with a Commercial Pilot Certificate would operate the UAS 

or directly supervise the operation. 

6. Provide a beneficial and currently unavailable service to government organizations 

and the general public that would serve the public interest. 
Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrators) responsibilities to " ... establish requirements 

for the safe operation of such aircraft systems in the national airspace system. "Section 

333(c) of the Reform Act. 

It is possible to operate an UAS so to not create a hazard to users of the National 

Airspace System (NAS), the public or pose a threat to national security if done so safely 

and responsibly. The applicant has demonstrated their willingness to act safely and 

responsibly by not engaging in commercial UAS operations. The applicant has worked 

within FAA guidelines to obtain a legal authorization to conduct commercial operations. 

Additionally, the fact that the applicant currently holds a FAA Commercial Pilot 

Certificate demonstrates that the applicant has a high regard to safe operations, as well 

as a necessary high-level understanding of the NAS and FARs. The experience of a 

FAA certificate serves to add significantly to the level of safety in any operation 

performed by the applicant or the applicant's employees. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics of UAS and that operate with the limitations listed herein. 

These limitations provide for at least an equivalent or higher level of safety to operations 

under the current regulatory structure as the proposed operations represent a safety 

enhancement to the already safe aerial commercial photography and survey operations 

conducted with conventional aircraft. 

The UASs planned to be operated are the OJI Phantom 2 Vision, DJI Phantom 2 Vision 

Plus, and the 30 Robotics IRIS Plus rotorcraft. Each unmanned aircraft (UA) is 

equipped with four rotors that are driven by electric motors, powered by batteries, and 

weigh less than 4 pounds, including payload. The UA would have a maximum airspeed 

of 30 knots. The principal construction material of these UA is plastic. Operations will 

be performed by a qualified UAS Pilot in Command (PIC), as outlined below, to insure 

that the UAS will "not create a hazard to users of the national airspace system or the 

public." Given the small size of the UAS involved and the pre-planned environment 

within which they will operate, the applicant believes that these operations fall squarely 

within that zone of safety (an equivalent level of safety) in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of UAS to commence 

immediately. Also, operation in a researched (to include applicable NOTAMs), predefined area will prevent the possibility of a national security issue. The operation of 

UASs by knowledgeable professionals with experience in the NAS will serve to enhance 

safety, add to the public benefit and reduce environmental impacts related to current 

methods of aerial photography and survey. 

These limitations and conditions to which the operator, or its employees, acting as an 

UAS PIC, agrees to be bound when conducting commercial operations under an FAA 

issued exemption: 

1. Safety will be the first and foremost consideration in any UAS operation. 
2. The UAS pilot will be an FAA licensed airman with at least a Commercial Pilot 

Certificate or the UAS pilot will be directly supervised by an FAA licensed airman with at 

least a Commercial Pilot Certificate. 

3. The UAS Pilot, and observer will hold at least a Second Class Medical Certificate. 

4. The UAS FAA licensed airman will be considered PIC, whether flying or supervising, 

and will be responsible for safe operation of the flight. 

5. Flights will be conducted within line of sight of the PIC and an observer. 

6. Flights will be conducted in Class G airspace whenever possible. If an operation in 

another airspace is required, the relevant controlling agency will be notified at least 

24 hours prior to the operation and, if required, any necessary permission obtained. 

7. Flights will be conducted under visibility and cloud clearance requirements equivalent 

to Visual Flight Rules (VFR). 

8. The UAS will at all times give way to any aircraft, object, or persons. 

9. Minimum crew for each operation will consist of the UAS PIC and an observer. The 

observer and PIC will at all times maintain visual line of site to the UA, and be able to 

communicate by voice. 

10. Prior to a UAS flight, an area of operation will be established. This area of operation 

will include a defined lateral and vertical area, where the UAS will operate (Appendix J). 

Safety procedures will be established for persons, property and applicable airspace 

within the area of operation. 

11. Flight planning will include flight completion with at least 20% battery power 

remaining as measured by the UAS or appropriate timing. 

12. The UAS will utilize GPS navigation, failsafe, return-to-home (RTH) and/or flight 

abort safety features. 

13. A briefing will be conducted in regard to the planned UAS operations prior to 

operation at each new location (Appendix I through K). All personnel who will be 

performing duties within the boundaries of the area of operation will be present for this 

briefing. 

14. All required permissions and permits will be obtained from appropriate state, county 

or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 

15. Written, to include electronic, and/or oral permission from the relevant property 

owners will be obtained prior to an operation. 
16. The UAS pilot will be trained in advance for the safe operation of the UAS to be 

operated. This will include operation of the UAS both in normal and emergency modes 

of operation as applicable, and will include familiarization with the operation manual (or 

similar) if published by the UAS manufacturer. Training will also include types of 

maneuvers to be performed and the safe operation in relation to persons, property and 

applicable airspace. 

Attached Appendix B, please find a letter from Technical Applications & Consulting, LLC 

requesting a UAS operation in Orange, Texas that will document a current landfill 

project. This operation serves as an excellent example of the benefits of using a UAS. 

It represents an enhancement in safety as well as benefiting the public interest. It is 

respectfully requested that the FAA grant an exemption as soon as possible to enable 

TAC's project to be documented within their time constraints. 

It is the applicant's belief that the size, speed, operating environment, limitations, and 

level of applicant's experience in the NAS outlined provides an "equivalent level of 

safety" or better when operating a UAS for the public interest as outlined in Section 333 

in the FAA Modernization and Reform Act of 2012. It is requested that the FAA issue 

an exemption to permit safe, legal, commercial UAS operation by the applicant as soon 

as possible. 

Sincerely, 

David Akers, President 

AviTronics Integrated Solutions, LLC 

P.O. Box 1644 

Rockwall, TX 75087 

972-708-1535 

Appendix A 

Appendix B 

Appendix C 

Appendix D 

Appendix E 

Appendix F 

Appendix G 

Appendix H 

Appendix I 

Appendix J 

Appendix K 

Exemption Requests and Equivalent Level of Safety 

Letter from Technical Applications & Consulting 

DJI Phantom 2 Vision User Manual 

DJI Phantom 2 Vision Plus User Manual 

3D Robotics IRIS Plus Operation Manual 

3D Robotics IRIS Plus Flight Checklist 

3D Robotics Gimbal User Guide 

AviTronics Flight Log Form 

AviTronics Project Risk Assessment Form 

AviTronics Project Concept Sheet 

AviTronics Project Brief/Debrief Form