August 5, 2015

Exemption No. 12341

Regulatory Docket No. FAA–2015–1040

Mr. Christon C. Skinner

Babiyo Enterprises, LLC dba Vivid Aerial Ascent

1802 Southwest Beeksma Drive

Oak Harbor, WA 98277

Dear Mr. Skinner:

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 April 6, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Babiyo Enterprises, LLC dba Vivid Aerial Ascent (hereinafter petitioner or 

operator) for an exemption. The petitioner requested to operate an unmanned aircraft system 

(UAS) to conduct aerial photography and videography.

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

the regulations that the petitioner seeks an exemption.

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

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

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

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+.

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 
2

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 collection1. 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, Babiyo Enterprises, LLC dba Vivid Aerial Ascent is 

granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to 

perform aerial data collection. This exemption is subject to the conditions and limitations 

listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, Babiyo Enterprises, LLC dba Vivid Aerial Ascent 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+ when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

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

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

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

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

U.S. driver’s license.

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

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

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

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

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

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

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

required of the VO.

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

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

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

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

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

limitations in this exemption and the procedures outlined in the operating documents, 
4

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.
5

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 five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

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.
7

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.
8

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Exemption Request

Page 2 of 11

1802 SW Beeksma Drive

Oak Harbor, WA 98277

http://www.vividaa.com

April 6, 2015

US Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590 

Attn: Mr. Robert Pappas

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations 

Dear Mr. Pappas :

Please consider this request for exemption from the Federal Aviation Regulations 

being submitted to you pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA) and 14 CFR Part 11. The specific regulations for 

which this application is submitted are set out in Appendix A to this letter request.

This request is submitted by Babiyo Enterprises, LLC d/b/a Vivid Aerial Ascent

(“VVA”). VVA requests an exemption to allow its to use of the DJI Phantom 2 

Vision Plus, Unmanned Aerial System (UAS) in commercial operations for

purposes of aerial photography and videography; but only 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 or Section 49 USC § 

44701. 

“Vivid Aerial Ascent” is the assumed business name adopted by Babiyo

Enterprises, LLC, a Washington limited liability company. The members of 

Babiyo Enterprises are Christon Skinner, Paul Skinner and Justin Skinner. The 

address of the company is 1802 SW Beeksma Drive, Oak Harbor, Washington 

98277.
Exemption Request

Page 3 of 11

 

As described more fully below, the requested exemption would permit the 

operation of the UAS by the applicant for commercial uses and purposes that 

would provide the following benefits: 

1. Operations would be performed in an area of operation that 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 in the particular application intended would provide 

significant safety, environmental and other enhancements not possible by 

larger sized aircraft. 

5. A member of the company with 80 hours of flight training from a FAA 

certified instructor would operate the UAS or directly supervise the 

operation. 

6. The exemption will provide a beneficial and currently unavailable service 

to government organizations such as state and county environmental 

agencies, planning and community development departments and the 

general public in a manner that would serve the public interest. 

Approval of this exemption will enhance the safe use and operation of unmanned 

aerial vehicles and their incidental uses and fulfill the Secretary of 

Transportation's (the FAA Administrator’s) 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 the UASs so as not to create a hazard to users of the 

National Airspace System (NAS) and the public; or pose a threat to national 

security if operation is done safely and responsibly. This applicant has 

demonstrated a willingness to act safely and responsibly by not previously 

engaging in unauthorized commercial UAS operations. The applicant has, in fact, 

worked with, and is a member of, the Academy of Model Aeronautics (AMA) and 

the Association for Unmanned Vehicles International (AUVSI). In addition, the 

applicant is a member of the Whidbey Island (Washington) Remote Control 

Society, our local UAV authority.

VVA proposes that the exemption requested apply to civil aircraft that have the 
FAA Sec. 333 Exemption Request

Page 4 of 11

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 and 

represent a safety enhancement to the already safe aerial commercial 

photography and survey operations conducted with conventional aircraft. And the 

cost of providing the proposed photography and videography services through 

the use of UASs will be substantially less than through conventional fixed wing 

and rotor aircraft. 

Those UAS's that the applicant intends and plans to operate are DJI Phantom 2 

Plus rotorcraft weighing 55 or fewer pounds including payload. They would 

operate, under normal conditions, at a speed of no more than 40 knots. The 

principal construction material of these UAS craft would be foam and/or plastic. 

Operations will be performed by a qualified UAS pilot in command (“PlC”), 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 UASs 

involved and the pre-planned environment within which they will operate, the 

applicant believes that these operations fall squarely within that zone of safety 

(and equivalent level of safety) in which Congress envisioned that the FAA must, 

by exemption, allow commercial operations of UASs to commence immediately. 

Also, operation in a researched (to include applicable NOTAMs), pre-defined 

area, will prevent the possibility of a national security issue that might unduly 

burden law enforcement and other agencies tasked with addressing any 

breaches or threats in this area. We sincerely believe that the operation of UASs 

by knowledgeable professionals with experience in the NAS, will actually serve to 

enhance safety, add to the public benefit and reduce environmental impacts 

related to current methods of aerial photography and survey, i.e., through the use 

of conventional aircraft. 

The following are the limitations and conditions to which the operator, or it's 

employees, acting as UAS PIC, agree 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 a person with at least 80 hours of flight training from 

an FAA licensed flight training instructor or the UAS pilot will be directly 

supervised by a person with at least 80 hours of flight training from an 

FAA licensed flight training instructor.

3. The UAS FAA trained airman will be considered Pilot in Command (PlC), 

whether flying or supervising, and will be responsible for safe operation of 

the flight. 

4. Flights will be operated within visual line of sight (VLOS) of the PIC or an 

observer, in accordance with the statutory mandate under Section 

333(b)(1) and operated below 400 feet above ground. A spotter/observer 
Exemption Request

Page 5 of 11

 

will be used to assist the PIC with constant visual contact of the UAS.

5. The DJI Phantom 2 Vision Plus UAS is designed to operate at speeds no 

greater than 40 knots.

6. The UAS will weigh less than 55 lbs., total. 

7. Flights will be operated during daylight hours in Class G airspace 

whenever possible. lf operation in other 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. 

8. Flights will be operated under visibility and cloud clearance requirements 

equivalent to Visual Flight Rules (VFR). 

9. VAA does not intend to operate within five miles of any airports. The DJI 

Phantom 2 Vision Plus, “DJI Vision App” software precludes UAS 

operation within five miles of any rated airport.

10. The UAS will at all times give way to any aircraft carrying persons. 

11. Minimum crew for each operation will consist of the UAS PlC and a spotter 

or observer. The observer, if required, and PIC will at all times be able to 

communicate by voice and/or text. 

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. 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. lf equipped, and appropriate for the operation, UAS aircraft 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. 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 
FAA Sec. 333 Exemption Request

Page 6 of 11

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, 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. 

17. The UAS PIC will establish a working relationship with a representative at 

the local FSDO with which to annually review safety procedures and other 

operations to further enhance safety. 

18. The Phantom 2 Vision Plus controllers operate at a radio frequency 

spectrum of 2.4 Ghz and 5.8 Ghz. According to the manufacturer, the 

UAV’s operating RF spectrum fully complies with FCC regulations.

Included with this application you will find a letter from the Executive Director of 

the Oak Harbor Chamber of Commerce requesting approval of a UAS operation 

that will aid in the development and promotion of the City of Oak Harbor, 

Washington’s tourism development. This project serves as an excellent example 

of the benefits of using a UAS. Since no low flying, conventional aircraft will need 

to be utilized to photograph the area and provide still and video content for 

editing, this project represents just one example of the enhancement in safety 

represented by the use of a UAS in certain applications as well as demonstrating 

a direct benefit to the public interest by providing low cost aerial photography for

tourism enhancement and improvement of our local economy. 

VAA also intends to provide aerial photography and videography services to 

private and public organizations monitoring shorelines and other environmentally 

sensitive areas. Specifically, VAA intends to provide video and still photographic 

surveys of shorelines, wetlands, wildlife habitat, construction project and 

development encroachment, and other visual measurements that will aid in the 

management and regulation of environmentally sensitive areas. VAA is located 

on an island that is in the northern part of the Puget Sound and which is a 

gateway to the environmentally sensitive, San Juan Island Archipelago in 

Washington State. The use of UASs in this particular application is particularly 

appealing because of its environmentally friendly interaction with sensitive areas 

and the minimal impact that such operation will have on wildlife, relative to low 

flying, conventional aircraft.
Exemption Request

Page 7 of 11

 

The members and owners of VAA believe that the minimal size and speed of the 

UAS combined with its smaller operating environment and the applicant's 

experience in the NAS, as outlined, all provide 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

lt is respectfully requested that the FAA grant and exemption to VAA as soon as 

possible, to enable the Oak Harbor Chamber of Commerce and other similar 

organizations as well as governmental agencies, to benefit from the reduced cost 

and increased level of safety afforded by the use of UASs for aerial photography 

and videography.

Sincerely,

Christon C. Skinner
FAA Sec. 333 Exemption Request

Page 8 of 11

Appendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Babiyo Enterprises, LLC, d/b/a Vivid Aerial Ascent, requests an exemption from 

the following regulations as well as any additional regulations that may 

technically apply to the operation of UASs: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR § 61.113(a) & (b) 

14 CFR § 91.7(a) 

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 CFR § 91.119(c) 

14 C.F.R. 91.121

14 CFR § 91.151(a) 

14 CFR 91.203 (a) & (b)

14 CFR § 91.405(a) 

14 CFR § 91.407(a)(1) 

14 CFR § 91.409(a)(1) & (2) 

14 CFR § 91.417(a) & (b)

Vivid Aerial Ascent’s request for exemption includes the ability to operate 

PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS), and the 

PHANTOM “Inspire1” for the purpose of conducting aerial videography and 

cinematography to assist private and public agencies within the Pacific Northwest

area with damage assessment, ecological monitoring, project/land survey, and 

municipality tourism promotion. In addition, VAA would like to provide 

videography and photography and related services to real estate brokers and 
Exemption Request

Page 9 of 11

 

agents to aid in the presentation of a more detailed and complete overview of 

listed properties. 

VAA seeks exemption via petition to the Federal Aviation Administration (FAA) 

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) of Title 14, Code of 

Federal Regulations (14 CFR). As supplemental material, I have included 

Phantom 2 Vision + (referred to as P2V+ throughout the document) 

Part 21 prescribes the procedural requirements for issuing and changing design 

approvals, productions approvals, airworthiness certificates, and airworthiness 

approvals.

Section 45.23(b) prescribes that when marks include only the Roman capital 

letter “N” and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the 

operator must also display on that 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 of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft. (b) a private pilot 

may, for compensation or hire, act as pilot in command of an 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 or 

property 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 that the pilot in command of 

a civil aircraft is responsible for determining whether that aircraft is in condition 

for safe flight and that the PIC shall discontinue the flight when an airworthy 

mechanical, electrical, or structural conditions occur. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there 

is available in the aircraft a current approved Airplane or Rotorcraft 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 of intended use, and takeoff and landing distance 

information. 
FAA Sec. 333 Exemption Request

Page 10 of 11

Section 91.109(a) prescribes, in pertinent part, 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, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes:3 (a) Anywhere. An 

altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. (b) Over congested areas. Over 

any congested area of a city, town, or settlement, or over any open air assembly 

of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested 

areas. An altitude of 500 feet above the surface, except over open water or 

sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, 

powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface— (1) A 

helicopter may be operated at less than the minimums prescribed in paragraph 

(b) or (c) of this section, provided each person operating the helicopter complies 

with any routes or altitudes specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less 

than the minimums prescribed in paragraph (c) of this section. 

Section 91.121 requires, in pertinent part, each person operating an aircraft to 

maintain cruising altitude by reference to an altimeter that is set “...to the 

elevation of the departure airport or an appropriate altimeter setting available 

before departure.” 

Section 91.151(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 of intended 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 pertinent part, 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 copy of the Aircraft registration 

Application as provided for in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a 

civil aircraft unless the airworthiness certificate or a special flight authorization 

issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner 

shall have that aircraft inspected as prescribed in subpart E of the same part and 

shall, between required inspections, except as provided in paragraph (c) of the 
Exemption Request

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same section, have discrepancies repaired as prescribed in part 43 of the 

chapter.4 

Section 91.407(a)(1) prohibits, in pertinent part, 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 of the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had an inspection 

for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that— (a) Each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: (1) Records of the maintenance, 

preventive maintenance, and alteration and records of the 100-hour, annual, 

progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance 

of an aircraft. The records must include— (i) A description (or reference to data 

acceptable to the Administrator) of the work performed; and (ii) The date of 

completion of the work performed; and (iii) The signature, and certificate number 

of the person approving the aircraft for return to service. (2) Records containing 

the following information: (i) The total time in service of the airframe, each 

engine, each propeller, and each rotor. (ii) The current status of life-limited parts 

of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last 

overhaul of all items installed on the aircraft which are required to be overhauled 

on a specified time basis. (iv) The current inspection status of the aircraft, 

including the time since the last inspection required by the inspection program 

under which the aircraft and its appliances are maintained.5 (v) The current 

status of applicable airworthiness directives (AD) and safety directives including, 

for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and 

date when the next action is required. (vi) Copies of the forms prescribed by § 

43.9(d) of this 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)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects 

furnished to a registered owner or operator under § 43.11 of this chapter shall be 

retained until the defects are repaired and the aircraft is approved for return to 

service.
FAA Sec. 333 Exemption Request

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