ExemptionNo. 11138
UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter ofthe petition of

DOUGLAS TRUDEAU, REALTOR®

for an exemption from Part 21; and §§ 45.23(b); 61.113(a) & (b); 91.7(a); 91.9(b)(2); 91.103(b); 91.109; 91.119; 91.121, 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(l); 91.409(a)(2); and 91.417(a) & (b) of Title 14, Code ofFedera1 Regulations Regulatory Docket No. FAA-2014-0481

GRANT OFEXEMPTION By letter dated July 12, 2014, Mr. Douglas Trudeau, Realtor®, ofTierra Antigua Realty (Trudeau), 1650 E River Road, Suite 202, Tucson, AZ 85718 petitioned the Federal Aviation Administration (FAA) for an exemption from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) ofTitle 14, Code of Federal Regulations (14 CFR). The proposed exemption would allow Trudeau to operate the PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS) to conduct aerial videography and cinematographyto enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout ofthe metro Tucson area and augment real estate listing videos.
The petitioner requests relieffrom the following regulations: Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals.

AFS-14-373-E

### 2

Section 45.23(b) prescribes that when marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted orlight-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display onthat aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.
Section 61.113(a) and (b) prescribes that- (a) no person who holds a private pilot certificate may act as a pilot in command ofan aircraft that is carrying passengers or property for compensation or hire; nor maythat person, for compensation orhire, act as pilot in command ofan aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers orproperty for compensation or hire.
Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.
Section 91.7(b) prescribes thatthe pilot in command ofa civil aircraft is responsible for determining whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when unairworthymechanical, electrical, or structural conditions occur. Section 91.9(b)(2) prohibits operation ofU.S.-registered civil aircraft unless there is available in the aircraft a current approved Airplane orRotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.
Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports ofintended use, and takeoffand landing distance information.
Section 91.109(a) prescribes, in pertinentpart, that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.
Section 91.119 prescribes that, exceptwhen necessary for takeoffor landing, no person may operate an aircraft below the following altitudes:3 (a) Anywhere. An altitude allowing, ifa powerunit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area ofa city, town, or settlement, or over any open air assembly ofpersons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of2,000 feet ofthe aircraft. (c) Over otherthan congested areas. An altitude of500 feet above the surface, except over openwater or sparsely populated areas. Inthose cases, the aircraft may notbe operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. Ifthe operation is conducted without hazard to persons orproperty on the surface- (1) A helicopter maybe operated at less than the minimums prescribed in paragraph (b) or (c) ofthis section, provided each person operating the helicopter complies with any routes or altitudes specificallyprescribed for helicopters bythe FAA; and (2) A powered parachute orweight-shift-control aircraft maybe operated at less than the minimums prescribed in paragraph (c) ofthis section.
Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude byreference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure."
Section 91.15l(a) prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes [emphasis added].
Section 91.203(a) prohibits, in pertinentpart, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copyofthe Aircraft registration Application as provided for in§ 47.31(c).
Section 91.203(b) prescribes, in pertinentpart, that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed atthe cabin orcockpit entrance so that it is legible to passengers or crew. Section 91.405(a) requires, in pertinentpart, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E ofthe same part and shall, betweenrequired inspections, except as provided in paragraph (c) ofthe same section, have discrepancies repaired as prescribed in part43 ofthe chapter.

### 4

Section 91.407(a)(l) prohibits, in pertinentpart, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under§ 43.7 ofthe same chapter. Section 91.409(a)(2) prescribes, in pertinentpart, that no person may operate an aircraft unless, within the preceding 12 calendarmonths, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that- (a) Eachregistered owner or operator shall keep the following records for the periods specified in paragraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and otherrequired or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include- (i) A description (or reference to data acceptable to the Administrator) ofthe workperformed; and (ii) The date ofcompletion ofthe work performed; and
(iii) The signature, and certificate number ofthe person approvingthe aircraft for return to service. (2) Records containingthe following information: (i) Thetotal time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, includingthe time sincethe last inspection required bythe inspection program under which the aircraft and its appliances are maintained.

### 5

(v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(l) ofthis section shall be retained until the work is repeated or superseded by otherwork or for 1year after the work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under § 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. The petitioner supports his requestwith the following information: The petitionerhas provided the following information- contained in his petition and supporting documentation including: 1) Supplemental Response for Petition, 2) PHANTOM Flying Flow ChartVl.O (Simplified Version), PHANTOM Quick Start Manual vl.7, PHANTOMAdvanced Manual v.1.4, 3) PHANTOM 2 Vision+ UserManual4) restricted areas map, 5) personal protocols and controls, and 6) Safety/FlightManual (all hereinafter referred to as operating documents). The FAA has organized the petitioner's information into four sections: I)the unmanned aircraft system (UAS), 2) the UAS Pilot In Command (PIC), 3) the UAS operatingparameters and 4) Public Interest. Unmanned Aircraft System The petitioner states he plans to operate a UAS, the PHANTOM 2 Vision+, which is comprised ofan unmanned aircraft (UA or PHANTOM) and a transportable ground station. The PHANTOM is referred to as a quad-copterwith a maximum gross weight ofabout 3 pounds. Itis equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of30 knots. Petitionerplans to attach a small ultra-6 lightweight GoPro 3+ camerato his UA and operate the UA over various areas near Tucson, Arizona to enhance academic communityawareness and augmentreal estate listing videos. Petitioner makes the following representations ofoperational enhancements whichhe proposes to abide by to ensure this exemption will provide a level ofsafety at least equal to existingrules: • He will only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports and activelypopulated areas; and • He will conduct extensive preflight inspections and protocols, during which safety carries primary importance. The petitioner states that given the size, weight, speed, and limited operating area associated with the aircraftto be utilized byhim, an exemption from 14 CFRpart 21, SubpartH (Airworthiness Certificates) and §91.203 (a) and (b) (Certifications required), subjectto certain conditions and limitations, is warranted and meets the requirements for an equivalent level ofsafety under 14 CFRpart 11 and Section 333 ofP.L. 112-95 (Section 333). Petitionerrequests an exemption from§ 45.23 Marking of the aircraftbecause his UA will not have a cabin, cockpit orpilot station on which to mark certain words orphrases. Further, he states that two-inch lettering is difficultto place on such a small aircraft with dimensions smaller than the minimal letteringrequirement. Regardless ofthis, petitioner states that he will mark his UAS in the largest possible lettering by placingthe word "Experimental" on its fuselage as required by§ 45.29(£) so that he or anyone assisting him as a spotter will see the markings.
The petitioner states that 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. However, the petitioner states as a safetyprecautionhe will perform a preflight inspection ofhis UAS before each flight as outlined in his operating documents. UAS Pilot in Command (PIC) The petitioner asserts that under§ 61.113 (a) and (b) private pilots are limited to noncommercial operations, however he can achieve an equivalent level ofsafety as achieved by current regulations becausehis UAS does not carry any pilots orpassengers. Further, he states that, while helpful, a pilot license will not ensure remote control piloting skills. He further indicates thatthe risks ofoperating a UAS are far less than the risk levels inherent in the commercial activities outlined in 14 CFRpart 61, et seq., thus he requests an exemption from § 61.113 Private PilotPrivileges andLimitations: Pilot in command Regarding UAS operational training, the petitioner states he has flown numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics ofhis UAS' performance under different temperature

### 7
and weather conditions. He further states that he practices computerized simulated flights to maintain adequate skills and response reflex time. In a supplemental requestto the FAA, the petitionerrequests consideration ofa 120 day temporary airman certificate in accordance with§ 63.13, to allow him time to obtain a private pilot certificate orto allow the FAAtime to establish minimum UAS airman certification standards. UAS Operating Parameters The petitioner states thathe will abide bythe following additional operating conditions under this exemption: • operate his UAS below 300 feet and within a radius distance of 1000 feet from the controllerto both aid in direct line ofsight visual observation; 1 • operate the UAS for 3-7 minutes per flight; • land his UAS priorto the manufacturer's recommended minimum level ofbattery power; • operate his UAS only within visual line ofsight (VLOS); • use the UAS' global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands ifcommunication with the remote control pilot is lost; • conduct all operations underhis own personal and flight safetyprotocols (including posting a warning sign reading: "AttentionAerial Photography inProgress

- Remain Back 150 feet") contained in the operating documents and will actively analyze flight data and other sources ofinformation to constantlyupdate and enhance his safety protocols; • contact respective airports ifoperations will be within 5 miles to advise them ofhis estimated flight time, flight duration, elevation offlight and other pertinent information; • always obtain all necessarypermissions priorto operation; and • haveprocedures in place to abort flights in the event ofsafetybreaches or potential danger. Petitioner states that§ 91.7(a) prohibits the operation ofan aircraft without an airworthiness certificate. The petitioner asserts that since there is currentlyno certificate applicable to his operation, this regulation is inapplicable. Petitioner states that§ 91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers on board his aircraft and given its size, this regulation is inapplicable. He further indicates an equivalent level ofsafetywill be achieved by maintaining a safety/flightmanual with the UAS ground station.

1As specified in Douglas Trudeau Supplementary Information No. 2

### 8 Although petitionerrequests an exemption from§ 91.103(b) Preflight action, he provides no information supporting his request. Similarly, the petitionerrequests an exemption from § 91.109 Flight instruction; simulated instrument flight andcertain flight test, and provides no information indicatinghow safety will be maintained ifan exemptionto this section is granted. Petitioner states that § 91.119 prescribes safe altitudes for the operation ofcivil aircraft, but that it allows helicopters to be operated at lower altitudes in certain conditions. Petitioner states he will not operate his UAS above the altitude of300feet above ground level (AGL) and will also only operate in safe areas away from the public and traffic, thus "providing a level ofsafety at least equivalentto orbelow those in relation to minimum safe altitudes." The petitioner asserts that given the size, weight, maneuverability, and speed ofhis UAS, an equivalent orhigher level ofsafetywill be achieved. Petitioner indicates that § 91.121 Altimetersettings is inapplicable since he UAS utilizes electronic GPS with a barometric sensor. While petitionerrequests an exemption from§ 91.151(a) Fuel requirements/or flight in VFR conditions, he provides no information supportinghis request forthis exemption. Public Interest The petitioner states that aerial videography for geographical awareness and for real estate marketinghas been around for a long time through manned fixed wing aircraft and helicopters, but for small business owners, its expense has been cost-prohibitive. Granting this exemptionto the petitionerwould allow him to provide this service at a much lower cost. Further, the petitioner indicates his small UAS will pose no threatto the public given its small size and lack ofcombustible fuel when compared to larger manned aircraft. The petitioner also states thatthe operation ofhis UAS will minimize ecological damage and promote economic growth byproviding information to companies lookingto relocate or build in the Tucson metro area. Discussion ofPublic Comments: A summary ofthe petition was published in the Federal Register on August 8, 2014 (79 FR46500). The petition received five comments. Duringthe commentperiod, the petitioner submitted supplemental information in response to several ofthe comments. Ofthe five comments received, including four from trade organizations and one submitted by an individual, three raised concerns with the petition and one was specifically opposed. The other two supportedthe petition. Three trade organizations submitted letters expressing various concerns withthepetition for exemption, including the AirLine Pilots Association9
International (ALPA), the National Agricultural Aviation Association (NAAA), and the United States Hang Gliding & Paragliding Association (USHPA). ALPA expressed concern regarding certain conditions outlined in Trudeau's petition. ALPA noted that the proposed operations will be for "compensation or hire," and believes the UAS pilot musthold at least a currentFAA Commercial Pilot Certificate with an appropriate category and class rating for the type ofaircraft being flown and a current second-class airman medical certificate. ALPA also noted thatthis is the requirement for compensation orhire operations in the National Airspace System (NAS) today. NAAA and USHPA raised similar concerns on pilot qualification. NAAA and USHPA asserted thatthe operator should hold a pilot certificate and be thoroughly familiar with the limitations ofmanned aircraft flight. NAAA further stated thatrequirements for UAS pilot licensing should be developed along with otherrigorous rules and qualifications to ensure safe integration ofthe unmanned aircraft into the NAS. The Small UA V Coalition (Coalition) disagreed with ALPA, NAAA and USHPA, asserting that a pilot certification should not be required for small unmanned operations such as the petitioner's. The FAA has carefully reviewed the concerns expressed in these comments and the discussion regarding knowledge, training, and medical certificationrequired by holders ofboth private and commercial pilot certificates. Additional details are available in the ensuing analysis of this issue with regard to 14 CPRpart 61. ALPA stated that the petitioner asserts that although he plans to fly below 300 feet above the surface and will generally not operate nearpopulated areas, he also states he plans to survey real estate development which ALPA believes are by definition populated areas. ALPA also stated that the petitioner's area ofoperations as outlined in his exhibits show he would be within the airport traffic area ofboth Tucson International Airport and Davis-MonthanAFB. ALPA also raised concerns about whetherthe petitioner's UAS' barometric sensor will enable him to accurately address his altitude restrictions. ALPA also asserted that processes or mitigations, such as redundant control capability, fail-safe systems, andbackups, and specific, validated procedures for system and equipment failures, must be in place to ensure the aircraft and its control system(s) operate to the same level ofsafety as other aircraft operated commercially in the NAS. NAAA stated commercial UAS should have to receive airworthiness certificationbythe FAAto ensure they can safely operate in the NAS without posing a hazard to persons orproperty. ALPA commented that command and control (C2) link failures are one ofthe mostcommon failures on a UAS, and that lost link mitigations should require safe modes to preventUA fly-away or other scenarios. Iflost-link occurs, mitigations like auto-hover, auto-land, returnto-home and geo-fencing boundaryprotection must be incorporated into the navigation and control systems for the UAS to safely land orre-establish C2.10
The FAA agrees and carefully examined the proposed operationto ensure that the vehicle design and the petitioner's supporting documentation addressed potential hazards related to C2 failure. The FAA finds that the UAS to be operated byTrudeau has sufficient design features to address these hazards. Furtherdetail is contained in the analysis ofthe UAS below. Regardinguse ofthe NAS, ALPA noted there mustbe means to ensure the UAremains within the defined airspace and to ensure the hazard ofother aircraft intruding on the operation is mitigated. ALPA stated given the absence ofan onboard pilot, the means to meet the requirements to "see and avoid" mustbe specified. ALPA also expressed concern, statingthat "because the waiverrequest is not for a specific operation but rather for all operations ofthe same general type, the FAA's oversighttask is considerably increased." Perthe conditions and limitations below, the FAAhas prescribed operator, pilot and notification requirements to ensure that appropriate oversight can occur. The FAA agrees and has required specific conditions and limitations outlined below related to the use ofa visual observer, that the pilotbe a currentFAA certificated private pilot and that a notice-to-airmen (NOT AM)be issued priorto operations. NAAA stated that it represents the interests ofsmall business owners and pilots licensed as commercial applicators and ensuring safe low-level airspace includes minimizing obstructions which are difficult to be seen and identified bythe pilots. NAAA members operate in lowlevel airspace, and clear low-level airspace is vital to the safety ofthese operators. NAAA stated that seeing and avoiding other aircraft and hazardous obstructions is the backbone for agricultural safety, and agricultural pilots depend on pilots ofother aircraft to perform their see and avoid functions needed to prevent collisions. NAAA believes that UA operations at low altitudes will increase the potential ofcollision hazards with agricultural aircraft. NAAA requested that operators ofUAS develop ways ofmakingthe presence ofUAS known to VFR airtraffic ifthey are to be integrated into theNAS and, for areas with less UAS activity, recommended a procedure for issuingNOTAMs when they are present. The FAA agrees and has incorporated this into the conditions and limitations ofthis exemption. NAAA's notification concerns are also addressed bythe conditions and limitations that will require an Air Traffic Organization issued Certificate ofWaiver or Authorization (COA) to address airspace requirements and notification. Further detail is contained in the analysis ofthe UAS operatingparameters below. NAAA proposed UAS comply with 13 measures similarto those presented bythe North DakotaAgricultural Aviation Associationto the North DakotaDepartment ofCommerce, the organization awarded the NorthDakotaUAS test site. The FAA believes the limitations under which the petitioner will operate (i.e. VLOS and at or below 300 feet AGL) and the UAS emergencyprocedures as outlined in the petitioner's supplemental documentation are sufficientmitigations to this risk so thatthe operations will11

not adversely affect safety. Further, the FAA addressed additional concerns raised byNAAA by adding operating conditions and limitations regarding operations in the proximity of airports, stand-offdistance from clouds, altitude restrictions, and operating distance from nonparticipating persons. Further detail is contained in the analysis ofthe UAS operating parameters below.
The USHPA also raised concerns aboutthe identification marking regulations as well as the petitioner's need to coordinate his operations with airports and complywith local and state notification regulations associated with his type ofactivity. CommenterJames Lee wrote in support ofTrudeau's petition, so long as he does not fly higherthan 200 feet within a quarter mile from an airport or any flight path or flight operation and never flies above 400 feet AGL.
The FAA considered USHPA's and Mr. Lee's concerns and included conditions and limitations to address these issues as outlined below. Lastly, the Small UAV Coalition submitted extensive comments supporting the petition. These included suggestions that the FAA: apply regulations differentlyto small UAVs versus those in the air transport category, not require all seven factors outlined in Section 333 as a prerequisite for every exemption (i.e. beyond visual line ofsight (VLOS); weight; size, altitude, airspace, geographic area, and proposed technology), and consider Trudeau's safety protocols including his posting ofsigns warning offlights as sufficientto enable operations in populated areas. Regarding use in the NAS, the Small UAV Coalition stated, in part, that the FAA's safety evaluation ofUA V operations should not hinge on the type ofoperation (i.e. public, commercial, recreational orphilanthropic) rather operational risks and steps that can be taken to eliminate orreduce such risks. The Small UA V Coalition also commended the petitioner for developing a "Personal Protocols and Controls" documentthat details how he will contact any airport within a 5 mile radius in advance ofhis proposed UAV operation. The FAA's analysis is as follows: Unmanned aircraft system (UAS)
The petitionerrequested relieffrom 14 CFRpart 21, Certificationprocedures forproducts and parts. In accordance with the statutory criteria provided in Section 333 ofP.L. 112-95 in reference to 49 USC 

### §44704, and in consideration ofthe size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary ofTransportation has determined that this aircraft meets the conditions ofSection 333. Therefore, the FAA finds thatthe requested relieffrom 14 CFRpart 21, and any associated noise certification and testing requirements ofpart 36, is not necessary. Manned aircraft conducting aerial filming and photographycan weigh 5,000 lbs. or more, are operated by an onboard pilot and may carry other onboard crewmembers, as well as 10012 gallons ormore offuel. The petitioner's UA weighs less than 3 lbs. The pilot and crew will be remotely located from the aircraft. The limited weight reduces the potential for harm to persons ordamage to property in the event ofan incident or accident. The risk to an on board pilot and crew during an incident or accident is eliminated with the use ofa UAS for the proposed operation. Manned aircraft are at risk offuel spillage and fire in the event ofan incident or accident. The Phantom 2 Vision+ carries no fuel, and therefore the risk offire following an incident or accident due to fuel spillage is eliminated. This exemption does notrequire an electronic means to monitor and communicatewith other aircraft, such as transponders or sense and avoid technology. Rather the FAA is mitigatingthe risk ofthese operations by placing limits on altitude, requiring stand-offdistance from clouds, permitting daytime operations only, and requiringthat the UA be operated within VLOS and yield right ofway to all manned operations. Additionally, the exemption provides that the operatorwill request a notice to airmen (NOT AM) priorto operations to alert other users of the NAS. These mitigations address concerns raised by NAAA and ALPA regarding awareness ofUAS operations occurring in the airspace The petitioner's UAS has the capabilityto operate safely after experiencing certain in-flight contingencies or failures and uses an auto-pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss ofGPS or a lost-link event withpre-coordinated automated flight maneuvers. These safety features provide an equivalent level ofsafety compared to a manned aircraft holding a restricted airworthiness certificate performing a similar operation and address concerns raised by ALPA and NAAA. Regarding the petitioner's requested relieffrom 14 CPR45.23(b), Display of marks, the petitionerrequests this reliefunder the assumption that marking with the word "experimental" will be required as a condition ofa grant ofexemption. However, this marking is reserved for aircraft that are issued experimental certificates under 14 CPR 21.191. The petitioner's UAS will not be certificated under§ 21.191, and therefore the "experimental" marking is not required. Since the petitioner's UAS will not be certificated under§ 21.191, a grant of exemption for§ 45.23(b) is not necessary. Regarding the petitioner's requested relieffrom 14 CPR 91.405(a), Maintenance required, 91.407(a)(l), Operation after maintenance,preventive maintenance, rebuilding, or alteration, 91.409(a)(2), Inspections, and 91.417(a) and (b), Maintenance records, the FAA has determined that relieffrom § 91.409(a)(l) is also necessary because it is an alternate inspection requirement of§ 91.409(a)(2). The petitionerproposes to inspect and ensure that the UAS is in a condition for safe flight. Therefore, the FAA finds that adherence to the petitioner's operating documents and the conditions and limitations below, describing the requirements for maintenance, inspection,13
and recordkeeping, are sufficient to ensure that safety is not adversely affected. Accordingly, the FAA finds that exemption from 14 CPR 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b) is warranted. Pilot In Command (PIC) ofthe UAS Regardingthe petitioner's requested relieffrom 14 CPR 61.113(a) and (b), Privatepilot privileges andlimitations, the petitionerrequested regulatory reliefto operate his UAS without an FAA-certificated pilot. In support ofhis request, the petitioner states that "while helpful, a pilot license will not ensure remote control piloting skills." However, the FAA does notpossess the authorityto exemptthe petitionerfrom the statutoryrequirementto hold an airman certificate, as prescribed in 49 USC §44711. 2 Although Section 333 provides limited statutoryflexibility relative to 49 USC 

### §44704 for the purposes ofairworthiness certification, it does not provide similar flexibility relative to other sections ofTitle 49. Unlike operations pursuantto public CO As, the FAA is also requiring a pilot certificate for UAS operations for two reasons, the first ofwhich is to satisfythe statutoryrequirements as stated above. The second is because pilots holding an FAA issued private or commercial pilot certificate are subjectto the security screeningbythe Department ofHomeland Securitythat certificated airmen undergo. As previously determined bythe Secretary ofTransportation, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conducted in accordance with Section 333. Given these grounds, the FAA must determine the appropriate level ofpilot certification for the petitioner's proposed operation. Under current regulations, civil operations for compensation or hire require a PIC holding a commercial pilot certificate per 14 CPRpart 61. Based on the private pilot limitations in accordance with pertinentparts of 14 CPR 61.113(a) and (b), a pilot holding a private pilot certificate cannot act as a PIC ofan aircraft for compensation orhire unless the flight is only incidental to a business or employment. However, in Grant ofExemptionNo. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS orpresent a hazard to persons orproperty onthe ground. As discussed above, the petition received three comments registering concern aboutpilot certification. ALPA stated its opposition to the proposed operation by a non-certificated pilot without a required medical certificate. ALPA believes that the operation should be conducted by a PIC holding a current FAA commercial pilot certificate with an appropriate category and

2 49 USC§ 44711 prohibits a person from serving "in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce...without an airman certificate authorizing the airman to serve in the capacityfor which the certificate was issued

....".14

class rating for the type ofaircraft being flown and a current second-class airman medical certificate. NAAA stated that the UAS pilot should be a commercial pilot or have similar training and can demonstrate knowledge ofaviation safety and communication procedures. USHPA stated that since the petitionerhas not indicated any restriction to location ofhis operations, nor his knowledge ofairspace rules, and because his operations would constitute commercial operations, he should be required to meet that level ofcertification.
The FAA has analyzed the petitioner's proposed operation, considered the comments above, and determined it does not differ significantly from the situation described in Grant of ExemptionNo. 11062 (Astraeus). The petitionerplans to operate in the NAS overprivate property while also limiting access to the property at times he is operating the UA. Given: 1) the similar nature ofthe petitioner's proposed operating environment to that ofAstraeus, 2) the parallel nature ofprivate pilot aeronautical knowledge requirements to those of commercial requirements [ref: Exemption No. 11062], and 3) the airmanship skills necessary to operate the UAS, the FAA finds thatthe additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for the petitioner's proposed operations. Therefore, the FAA finds that a PIC holding a private pilot certificate and a third-class airman medical certificate is appropriate for the proposed operations.
With regard to the airmanship skills necessaryto operate the UAS, the petitioner has provided no training program, minimum flight time hours, ortest standards to demonstrate his capabilityto meet some ofthe conditions and limitations below including avoiding hazards, reacting to emergencies, ormaintaining specific distances from persons or property. The petitioner indicates he avoids risks that may cause a crash and that he has flown numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization withthe characteristics and performance ofthis UAS under different temperature and wind conditions. He also mentions his computerized simulated flights to maintain adequate skills and response reflex time.
Since the petitionerprovides no informationregarding a training program, minimum flight time hours, ortest standards to demonstrate his capabilityto operate safely, and in response to concerns raised byALPA, NAAA, and USHPA, the FAA reviewed the minimum requirements for providing a waiver to manned operations under 14 CFR 91.119. While this process applies to an operator seeking a waiver rather than an exemption, the exemption process is similar. Manned operations that require relieffrom 14 CFR 91.119 in the form ofa waiver have established minimum requirements for pilot personnel (PIC). 3

3 FAA Order 8900.1, Volume 3, Chapter 7, Section 1Issue a Certificate of Waiver orAuthorization:§91.119(b) and/or (c) (Minimum SafeAltitudes) and FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Issue a Certificate ofWaiverfor Motion Picture and Television Filming.15 1) at least 500 hours logged as the PIC and at least 20 hours logged as the PIC in the aircraft type; 2) a minimum of25 hours (or 100 hours in the case ofmotion picture operations) in the same category and class ofaircraftto be used; and 3) a minimum of5 hours in the make and model aircraft to be used under the waiver. However, given the relative size, weight, speed and operating parameters ofthe proposed UAS operations and its accompanying reduction in risk to persons and propertywhen compared to manned operations, these minimum requirements should be reduced, but not eliminated. UAS operators still need to establish airmanship skills in orderto meet the conditions and limitations listed below such as the abilityto maneuver near but maintain specific distances from persons and property, respond to unexpected emergencies, or avoid objects as well as the ability to avoid potential conflicts with manned aircraft. In consideration ofthe above, the FAA must determine the appropriate level ofpilot flight hours necessaryto qualify the PIC for the petitioner's proposed operations. The FAA has considered minimum skills and associated flight-hours necessary to practice and build proficiency in these skills. The petitioner is responsible for assessing its operations and identifying any additional skills required to operate safelyunder normal and abnormal conditions. Normal condition skills may include the abilityto maintain altitude, maintain VLOS, and navigational skills. Abnormal condition skills may include the abilityto avoid obstacles, avoid air traffic, and respond to loss oflink.
In making its determination the FAA considered the requirements proposed by Astraeus in ExemptionNo. 11062. The FAA notes that the petitioner's proposed operation is similarto that authorized in Exemption No. 11062 because both include operations closer than 500 feet from persons, vessels, vehicles, and structures. InExemption No. 11062, the FAArequired that prior to conducting operations for the purpose ofmotion picture filming (or similar operations), the PIC musthave accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotaltime as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under ExemptionNo. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations underthe exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours ofmultirotor time and the 10 hours may be included in the total 25 hours ofUAS rotorcrafttime. In addition to the hour requirements, the PIC must accomplish 3 take-offs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessaryto safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfythis requirement. Training, proficiency, and experience-building flights can also be conducted underthe grant ofexemption to accomplish the required flight16

time. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 CPR 91.119.
The flight-hours above are considered appropriate given the circumstances ofthe proposed operation and the description provided bythe petitioner ofthe preparations he has undertaken to conductthe UAS operation safely. The petitioner may determine through its safety assessmentthat additional hours are necessaryto address all potential flight hazards and requisite airmanship skills. Consequently, the FAA has included in the conditions and limitations belowthatthe petitioner may not permit any PIC to operate unless that PIC is able to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures.
In conclusion, the FAA finds that prior to operations the PIC must, at a minimum, hold a private pilot certificate, a third-class airman medical certificate, and completedthe minimum flight hour and currencyrequirements as stated in the conditions and limitations below. Thus, the FAA finds relieffrom 14 CPR 61.113(a) and (b) is warranted.
In a supplemental requestto the FAA, the petitionerrequests consideration ofa 120 day temporary airman certificate in accordance with 14 CPR 63.13, to allow him time to obtain a private pilot certificate. The requested reliefis not applicable to pilot certificates because, 14 CPR 63.1,Applicability, states this partprescribes the requirements for issuing flight engineer and flight navigator certificates and the general operating rules for holders ofthose certificates, only. Thus, 14 CPR63.13 does not provide a basis from which to issue a temporary pilot certificate as requested by the petitioner and the requested reliefis denied.
The petitionerhas also indicated he will supplementhis proposed operation(s) with a spotter, hereafter referred to as a visual observer (VO). The conditions and limitations below stipulate that the PIC must ensure that the VO can perform the functions prescribed in the operating documents. Additionally, as discussed in Exemption No. Ill09 to Clayco, Inc., there are no regulatory requirements for visual observer medical certificates. Although a medical certificate is not required for aVO, the UA must never be operated beyond the actual visual capabilities ofthe VO, and the VO and PIC musthave the abilityto maintain visual line of sight (VLOS) withthe UA at all times. It is the responsibility ofthe PIC to be aware ofthe YO's visual limitations and limit operations ofthe UAto distances within the visual capabilities ofboththe PIC and VO. Moreover, the VO will not be operating the aircraft. Therefore, as in Grant ofExemptionNo. 11062 to Astraeus, the FAA does not consider a medical certificate necessary for the VO. Operating parameters ofthe UAS Regarding the petitioner'srequested relieffrom 14 CPR 91.7(a) Civil aircraft airworthiness, petitioner's request is based on his beliefthat since no FAA regulatory standard exists for17 determining airworthiness ofthe UAS, the regulation is inapplicable. While the petitioner's UAS will not require an airworthiness certificate in accordance with 14 CFRpart 21, SubpartH, the FAA considers the petitioner's compliance withhis operating documents to be sufficient means for determining an airworthy condition. Therefore, relieffrom§ 91.7(a) is granted. The petitioner is still required to ensure thathis aircraft is in an airworthy condition

- based on compliance withthe operating documents priorto everyflight, and as stated in the conditions and limitations below. Additionally, in accordance with 14 CFR91.7(b), the PIC oftheUAS is responsible for determiningwhetherthe aircraft is in a condition for safe flight. The FAAfinds thatthe PIC
can complywiththis requirement, therefore relieffrom § 91.7(b) is notnecessary. Regardingthe petitioner's requested relieffrom 14 CFR91.9 Civil aircraft flight manual, marking, and placardrequirements and 14 CFR91.203(a) and (b) Civil aircraft: Certifications required, the FAA has previously determined that relieffrom these sections is not necessary. Relevant materials maybe kept in a location accessible to the PIC in compliance with the regulations. Regardingthe petitioner's requested relieffrom 14 CFR91.103, PreflightAction, the petitionerrequires eachPIC to take certain actions before flight to ensure the safety ofthe flight. The exemption is needed because the pilot will take separate preflight actions as referenced in the operating documents. Although there will be no approved Airplane or Rotorcraft FlightManual available, the FAA believes that the petitioner can comply withthe other applicable requirements in 14 CFR91.103(b)(2). The procedures outlined in the operating documents address the FAA's concerns regarding compliance with§ 91.103(b). The PIC will take all actions including reviewing weather, flight batteryrequirements, landings, and takeoffdistances and aircraft performance data before initiation offlight. The FAA has imposed stricter requirements with regard to visibility and distance from clouds; this is to both keep the UAfrom departing the VLOS and to precludethe UA from operating in the NAS. The FAA also notes the risks associated with sun glare; the FAAbelieves thatthe PIC's and VO's abilityto still see other airtraffic, combined with the PIC's ability to initiate a return-to-home sequence, are sufficient mitigations in this respect. The PIC will also account for all relevant site-specific conditions in his or her preflightprocedures. Therefore, the FAA finds that exemption from 14 CFR91.103 is not necessary. Regardingthe petitioner's requested relieffrom 14 CFR91.109(a), Flight instruction; Simulated instrument flight andcertain flight tests, the petitioner did not describe training scenarios in which a dual set ofcontrols would be utilized or required, i.e. dual flight instruction, provided by a flight instructor or other company-designated individual, that would require that individual to have fully functioning dual controls. Rather, the petitionerrefers to his "numerous practice flights in remote areas as a hobbyist." But, as outlined above, the FAA is requiring that the petitioner's PIC possess at least a private pilot's certificate. Also, the currencyrequirements expressed inthe conditions and limitations below will help ensure18

that a PIC training on the UAS has the authorityto operate the UAS duringtraining flights as PIC in accordance with 

### § 61.31(1). The FAAwill impose a limitationthatthose training operations are only conducted during dedicated training sessions. As such, the FAA finds that the petitioner can conduct his operations withoutthe requested relieffrom § 91.109.
The petitioner's requested relieffrom 14 CPR91.119, Minimum safe altitudes, relieffrom § 91.119(a), which requires operating at an altitude that allows a safe emergency landing ifa powerunit fails, is not granted. The FAA expects the petitionerto be able to perform an emergency landing without undue hazard to persons orproperty on the surface ifa powerunit fails. Relieffrom 

### § 91.119(b), operation over congested areas, is not granted, because, as discussed below, operations over congested areas will not be permitted under this exemption.
Relieffrom 

### § 91.119(c) is necessarybecause the aircraft will be operated at altitudes below 300 feet AGL. Section 91.119(c) states that no person may operate an aircraft belowthe following altitudes: over other than congestedareas, an altitude of500 feet above the surface, except over open water or sparselypopulated areas. Inthose cases, the aircraft maynot be operated closerthan 500 feet to any person, vessel, vehicle, or structure. The petitioner states that he will operate pursuantto the following, self-imposedrestrictions related to 

### § 91.119: • operate in reasonably safe environmentthat are strictly controlled, are awayfrom power lines, elevated lights, airports and actively populated areas awayfrom public andtraffic; • conduct all operations underhis own personal safety protocols (includingposting a warning sign reading: "AttentionAerial Photography in Progress- Remain Back 150 Feet") contained in the operating documents and will actively analyze flight data and other sources ofinformationto constantly update and enhance his safetyprotocols; • contactrespective airports ifoperations will be within 5 miles to advise them ofhis estimated flight time, flight duration, elevation offlight and otherpertinent information; and • always obtain all necessarypermissions priorto operation.
The petitionerproposes to avoid "activelypopulated areas" but does not explain howthese areas are determined. As in ExemptionNo. 11110 (Trimble Navigation, Ltd.), the FAA notes that avoidance ofareas which are depicted in "yellow" on VFRcharts is a practicable step in assuringthat operations are not conducted over congested or densely populated areas. However, using these ''yellow" areas solely to makethis determination is not sufficient. Pilots may obtain informationregarding congested areas from the local Flight Standards District Office (FSDO). Therefore, operations over congested or densely populated areas are prohibited as stated in the conditions and limitations below.
The petitioner did not describe stand-offdistances from persons, vessels, vehicles and structures. Section 91.119(c) requires that aircraft operate no closerthan 500 feet to these persons orobjects. As discussed in Exemption No. 11109 (Clayco, Inc.), operations conducted closerthan 500 feet to the ground mayrequire that the UA be operated closerthan19

500 feet to essentialpersons, orobjects thatwould notbe possible without additional relief. Therefore, the FAA is requiring that prior to conducting UAS operations, all persons not essential to flight operations (nonparticipating persons) must remain at appropriate distances. In open areas, this requires the UAto remain 500 feet from all persons otherthan essential flight personnel (i.e. PIC, VO, operatortrainees or essential persons). The FAAhas also considered the UA's maximum gross weight ofapproximately 3 pounds. Ifbarriers or structures are presentthat can sufficientlyprotect nonparticipating persons from the UA or debris in the event ofan accident, then the UA may operate closerthan 500 feet to persons afforded such protection. The operatormust also ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately. When consideringhow to immediatelycease operations, the primary concern is the safety ofthose nonparticipating persons. In addition, the FAA finds that operations maybe conducted closer than 500 feet to vessels, vehicles and structures whenthe owner/controller ofany such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment ofthe risk ofoperating closer to those objects and determines that it does not present an undue hazard.
Thus, the FAA finds thatrelieffrom § 91.119(c) is warranted provided adherence to the procedures inthe operating documents and the FAA's additional conditions and limitations outlined below. Relieffrom§ 91.119(a) is unwarranted as the FAA expects the petitionerto be able to perform an emergency landing without undue hazard to persons orproperty on the surface. Relieffrom§§ 91.119(b) is not granted and 91.119(d) is not applicable. Regardingthe petitioner's requested relieffrom 14 CPR 91.121 AltimeterSettings, the petitionerhas a barometric altimeter and GPS derived altitude capabilities. However, as stated in the conditions and limitations below, the FAA requires any altitude reported to A TC to be in feet AGL. The petitionermay choose to setthe altimeter to zero feet AGLrather than local barometric pressure or field altitude before flight. Consideringthe limited altitude ofthe proposed operations, relieffrom 14 CPR 91.121 is granted to the extent necessaryto comply with the applicable conditions and limitations statedbelow. Regardingthe petitioner's requested relieffrom § 91.151 (a) Fuel requirements for flight in VFR conditions, prior reliefhas been granted for manned aircraft to operate at less than prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS-specific reliefhas been granted in ExemptionNos. 8811, 10808, and 10673 for daytime, VFR conditions. The petitioner's onlyreference to this section is his commitmentto land the UAS prior to the manufacturer's recommended minimum level ofbatterypower. The operating documents indicate that two low-voltage (low battery) alerts are issued -warning thatthe first alert should be followed (30%- low battery level warning). Further, the petitionerhas indicated his flights will last only 3-7 minutes each. Also, the UAS has an automated function which results in immediate landing when a low battery is detected. These20

factors provide the FAA with sufficientreason to grant the relieffrom 14 CPR91.151(a) as requested in accordance with the conditions and limitations below, that prohibitthe PIC from beginning a flight unless (consideringwind and forecast weather conditions) there is enough powerto fly to the first point ofintended landing and, assumingnormal cruising speed, land the UA with 30% batterypower remaining. Regarding an AirTraffic Organization (ATO) issued Certificate ofWaiver orAuthorization (COA), the majority ofcurrent UAS operations occurring in the NAS are being coordinated through AirTraffic Control (ATC) by the issuance ofa COA. This is an existingprocess that not only makes local ATC facilities aware ofUAS operations, but also provides ATC the ability to consider airspace issues that are unique to UAS operations. The COA will require the operatorto request aNOT AM, which is the mechanism for alerting other users ofthe NAS to the UAS activities being conducted. The conditions and limitations below prescribe the requirement for the petitionerto obtain an ATO-issued COA.
Public Interest
The FAA finds that a grant ofexemption is in the public interest. The enhanced safety and reduced environmental impact achieved using a UA with the specifications described bythe petitioner and carrying no passengers or crew, rather than a manned aircraft ofsignificantly greater proportions, carrying crew in additionto flammable fuel, gives the FAA good cause to find that the UAS operation enabled bythis exemption is in the public interest. The following table summarizes the FAA's determinations regardingthe reliefsoughtby the petitioner:



## ---

Reliefconsidered( 14 CPR) FAA determination (14 CPR) Part 21 Reliefnot_necessary 45.23(b) Reliefnot necessary

-- 61.113(a) and (b) Reliefgranted with conditions and limitations

-- 63.13 Reliefnot granted 91.7(a) Reliefgranted with conditions and limitations 91.9(b)(2) Reliefnot necessary 91.103(b) Reliefnot necessary 

# j 91.109 Reliefnot necessary

-- -

91.119 Paragraph (c) granted with conditions and limitations 91.121 Reliefgranted with conditions and limitations

-- 91.151(a) Paragraph 91.151(a)(1), day, granted with conditions and limitations

--------- 91.203(a) and (b) Reliefnot necessary 

# j 91.405(a) Reliefgranted with conditions and21

ReliefconsideredJ14 CFR) { .· 

## .fAA determination {14 CPR)



# ~ limitations 91.407(a)(l) Reliefgranted with conditions and 

### I limitations

-- Reliefgranted with conditions and 91.409(a)(l) and (2) limitations

-- Reliefgranted with conditions and 91.417(a) and (b) limitations
The FAA's Decision In consideration ofthe foregoing, I find that a grant ofexemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me bythe Administrator, Mr. Douglas Trudeau, Realtor®, ofTierra Antigua Realty, is granted an exemption from 14 CFR 61.113(a) and (b), 91.7(a), 91.119(c), 91.121, 91.15l(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b) to the extent necessaryto allow petitionerto operate an unmanned aircraft systems (UAS) for the purpose ofaerial videography/cinematography and augment real estate listing videos. This exemption is subjectto the conditions and limitations listed below.
Conditions and Limitations Relative to this grant ofexemption, Trudeau is hereafter referred to as the operator. The following documents provided bythe operator in its petition, 1) Supplemental Response for Petition, 2) PHANTOM FlyingFlow Chart Vl.O (Simplified Version), PHANTOM Quick Start Manual v1.7, PHANTOMAdvanced Manual v.1.4, 3) PHANTOM 2 Vision+ User Manual4) restricted areas map, 5) personal protocols and controls, and 6) Safety/Flight Manual, are hereinafterreferred to as operating documents.
Failure to comply with any ofthe conditions and limitations ofthis grant ofexemption will be grounds for the immediate suspension orrescission ofthis exemption. 1) Operations authorized by this grant ofexemption are limited to the following aircraft described in the operating documents which is a quad-rotor aircraft weighing less than 3 pounds: PHANTOM 2 Vision+ Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petitionto amend this grant. 2) The UA may not be flown at an indicated airspeed exceeding 30 knots. 3) The UA must be operated at an altitude ofno more than 300 feet above ground level (AGL), as indicated bythe procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL.

### 22 4) The UA must be operatedwithin visual line ofsight (VLOS) ofthe Pilot In Command (PIC) at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate. 5) All operations must utilize a visual observer (VO). The UA must be operatedwithin the visual line ofsight (VLOS) ofthe VO at all times. The VOmaybe used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC mustbe able to communicate verbally at all times. The PIC must be designated before the flight and cannottransfer his orher designation for the duration ofthe flight. ThePIC must ensure that the VO canperform the functions prescribed in the operatingdocuments. 6) The operating documents and this grant ofexemptionmust be accessible during UAS operations and made available to the Administrator upon request. Ifa 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 mustbe followed. Otherwise, the operatormust follow the procedures as outlined in its operating documents. The operatormayupdate orrevise its operating documents. Itis the operator's responsibilityto track such revisions and present updated and revised documents to the Administratoruponrequest. The operator must also presentupdated and revised documents ifhe petitions for extension or amendment to this grant ofexemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operatormustpetition for amendmentto its grant ofexemption. The FAA's UAS Integration Office (AFS-80) maybe contacted ifquestions arise regardingupdates or revisions to the operating documents. 7) Priorto each flight, the PIC must inspectthe UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the UAS is prohibited from operatinguntil the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. Allmaintenance and alterations must be properly documented in the aircraft records. 8) Any 

### VAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, mustundergo a functional test flight. The PIC who conducts the functional test flight mustmake an entry in the aircraftrecords. 9) The pre-flight inspection section in the operating documents must account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents.23
1

0) The operatormust follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements. 11)The operatormust carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations mustbe noted in the aircraft records, includingtotal flight hours, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 12)Each UAS operated underthis exemption must complywith all manufacturer Safety Bulletins. 13)The authorized person mustmake an entry in the aircraftrecord ofthe corrective action taken against discrepancies discovered between inspections. 14)UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at least a currentthird-class medical certificate. The PIC must also meet the flight review requirements specified in 14 CPR 61.56 in an aircraft in which the PIC is rated onhis or herpilot certificate.
15)Priorto operations conducted for the purpose ofaerial videography/cinematography and augmentingreal estate listing videos (or similar operations), the PIC musthave accumulated and logged, in a manner consistentwith 14 CPR 61.51(b), a minimum of 25 hours oftotal time as a UAS rotorcraftpilot including at least 10 hours logged as a UAS pilotwith a multi-rotor UAS. Prior documented flight experience that was obtained in compliance with applicable regulations may satisfythis requirement. Training, proficiency, and experience-building flights can also be conducted under this grant ofexemptionto accomplishthe required flight time. However, said training operations mayonlybe conducted during dedicated training sessions. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 CPR91.119. 16)Priorto operations conducted for the purpose ofaerial videography/cinematography and augmenting real estate listing videos (or similar operations), the PIC must have accumulated and logged, in a manner consistentwith 14 CPR 61.5l(b), a minimum of 5 hours as UAS pilot operatingthe make and model oftheUAS to be used in operations underthe exemption; 5 hours make and model time maybe included in the 10 hours ofmulti-rotortime prescribed above. The PIC must accomplish 3 take-offs and landings inthe preceding 90 days (for currencypurposes). Training, proficiency, experience-building, and take-offand landing currencyflights can be conducted underthis grant ofexemptionto accomplish the required flight time and 90 day currency. However, said training operations may onlybe conducted during dedicated training sessions. Duringtraining, proficiency, and experience-buildingflights the24

PIC is required to operate the UAwith appropriate distances in accordance with 14 CPR91.119. 17)The operator may notpermitthe PIC to operate the UAS for the purpose ofaerial videography/cinematography and augmenting real estate listing videos (or similar operations), unless the PIC has demonstrated and logged in a manner consistentwith 14 CPR 61.51(b), the abilityto safely operate the UAS in a mannerconsistentwith howthe UAS will be operated underthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 18)UAS operations maynotbe conducted during night, as defined in 14 CPR 1.1. All operations mustbe conducted under visual meteorological conditions (VMC). 19)The UAmaynot operate within 5 nautical miles ofan airportreference point as denoted on a currentFAA-published aeronautical chart. 20)TheUAmay not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhenvisibility is less than 3 statute miles from the PIC. 21)Ifthe UA loses communications or loses its GPS signal, it mustreturn to a predetermined location withinthe planned operating area and land or be recovered in accordance withthe operating documents. 22)The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies in accordance withthe operating documents. 23)The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough powerto fly at normal cruising speedto the intended landing point and land the UAwith 30%batterypowerremaining. 24)The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver orAuthorization (COA) priorto conducting any operations under this grant of exemption. This COA will also require the operatorto request aNoticeto Airman (NOTAM) notmore than 72 hours in advance, butnot less than 48 hours priorto the operation. 25)All aircraft operated in accordance with this exemptionmustbe identified by serial number, registered in accordance with 14 CPRpart 47, and have identification (NNumber) markings in accordance with 14 CPRpart45, Subpart C. Markings mustbe

as large as practicable.25 26) Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must complywiththe Federal Communications Commission (FCC) or other appropriate government oversight agencyrequirements. 27)The documents required under 14 CPR 91.9 and 91.203 must be available to the PIC at the Ground Control Station oftheUAS anytimethe UAS is operating. These documents mustbe made available to the Administrator or any law enforcement official upon request. 28)The UA must remain clear and yield the right ofway to all manned aviation operations and activities at all times. 29)The UAS may not be operated bythe PIC from anymoving device or vehicle. 30)The UA may not be operated over congested or densely populated areas. 31)Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are presentthat sufficientlyprotectnonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipatingpersons remain under such protection. Ifa situation arises where nonparticipatingpersons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per§ 91.119(a). 32)All operations shall be conducted overprivate orcontrolled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33)Anyincident, accident, or flight operation thattransgresses the lateral or vertical boundaries ofthe 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 SafetyBoard (NTSB) per instructions contained ontheNTSB Web site: www.ntsb.gov.26

Unless otherwise specified in this grant ofexemption, the UAS, the UAS PIC, and the UAS operations must complywith all applicable parts of 14 CFRincluding, butnot limited to, parts 45, 47, 61, and 91.
This exemptionterminates onJanuary 31, 2017, unless sooner superseded orrescinded.
Issued in Washington, DC, onJanuary 5, 2015.
/s/ JohnS. Duncan Director, Flight Standards Service