### September 16, 2015

Exemption No. 12878 Regulatory Docket No. FAA

− 2015

–2173

Mr. Dante Robinson and Ms. Natasha Nash New Heights Aerial Photography LLC 12619 Second Branch Road Chesterfield, VA 23838
Dear Mr. Robinson and Ms. Nash : 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 21, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of New Heights Aerial Photography LLC (hereinafter petitioner or operator) for an exemption . The petitioner requested to operate an unmanned aircraft system (UAS) to conduct professional photography and videography services

. See Appendix A for the petition submitted to the FAA des cribing 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 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 fi nds that the requested relief from 14 CFR part 21 , Certification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary. The Basis for Our Decision You have requested to use a UAS for aerial data collection 1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s
. 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 Lab s , 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. 11 062, 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, New Heights Aerial Photography LLC i s 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 petitio ner 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, New Heights Aerial Photography LLC is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.
1. Operations authorized by this grant of exemption are limited to the 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 n o t 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 maint ains 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 fo r 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 thi s 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 up dated 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 op eration 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 mu st 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 i s 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 comp onents, 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 revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certifi cate.

### 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 (traini ng, p roficiency, 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 traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distanc e 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 symbo l 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 sign al, 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 fro m 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 control led

- 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 certific ate 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 essenti al 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 specifie d 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 September 30, 2017 , unless sooner superseded or rescinded. Sincerely, / s/ John S. Duncan Director, Flight Standards Service

EnclosuresNew Heights Aerial

**Phot~graphy** LLC 12619 Second Branch Ro d Chesterfield, VA 23838

April21 , 2015

U.S. Dept. ofTranspo;tttion, Docket Operations West Building Ground

**~loor,** Room Wl2-140 1200 New Jersey Avenfe , SE Washington, DC 20590 Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regul l tions
Dear Sir or Madam:
Pmsuant to Section

**33 oftbe**  FAA Modemization and Reform Act of2012 (the "Reform Act") and 14 "-i

. F

.R

. Part 11 , New



### Hei~ts Aerial Photography LLC (CAY) seeks an exemption fr;oederal Aviation Regul tions ("FARs") detailed below for the following described U anned Aerial System c · led in this application the CA V System , which includes Phantom 2 Vision+ , uad-copter Unmanned Aircraft (UAS) and ground station-baser equipment and crew.
New Heights Aerial Photography LLC wishes to serve our community by providing professional photograph and videography servi9es for various markets detailed in the following paragraphs.
The requested exemptio wou ld s upport an appliEtion for a commercial Certificate of Authorization to use the above CAY system to c nduct aerial photography , videography and cinematography to nhance real estate, insur ce , specia l event, and land development industries. We plan to serve centra ' Virginia and surrounding areas
. The UA , powered by ba h eries , is smaller , lighter requires no fuel , and more maneuverable than



### lar~

**·** aircraft rwming on cot bustible fuel , it operates at lower altitudes with no people on board and will therebr reduce current risk levels and thereby enhance safety and d. · ish the likelihood of de4th or serious bodily injury. With a small payload and maxitpum flight time of only 25 minutes with maximum air speed of 30 knots , this is offers little or no risk to national security.
Low-level oblique phot sand video from severa angles are far more eff e ctiv e than ground-based imagery fi r displaying the charact ristics of large, complex properties with several buildings a d large trees

. Full-si zed helicopters have proven more costly than many potential clie ts have been able to af£ rd. The benefits of reduced cost andimproved quality of presentation from the UA 

# wlu be valuable to and benefit many buyers and sellers of real property

. Additionally, we reques that we be allowed to

**u~e** our system to benefit first responders nearby who might requ· e assistance , including fire fighters, the police, the sheriff , et al. , while remaining subjec to all limitations cited · tlus application as we do so
The CAV System woul be as follows:
THE PHANTOM 2 VI ION+ UNMANNED CRAFT (UA):
• A lightweight (rna imum gross weight of potmds), electric motors powered by

batterie s and oper ted with four rotors in t e fonn of a quad-copter that takes off and lands vertica ly , manufactured by 

# dJI , PHANTOM 2 VISION+, 3-axel camera stabilization system ; • An on-board flight computer with GPS na, .gation and location ability that

receives signals for flight contro s from a ground-based transmitter / control er ; • An on-board tele1 etry system that

**deliver**

**~** flight data from the on-board flight

computer to the o -board radio transmitter including alti tude AGL , horizontal

**a~d** vertical speed compass direction of 1ight and direction back to its lalmch stte ; • A 5.8GHz on-boar radio transmitter that rsmits live v ideo from the on-board

camera plus all tJ>e flight data from the telemetry system described above ; Frequency 2462MHz

THE GROUND

**STA ION-BASED**  PART OF I THE SYSTEM: • A Pilot in Command (PIC) in operational contro l of a ilight operation from

beginning to end and who controls the UA

**~hile** 

### in the air;
• A lOOmw ,

**2.4G~** radio transmitter / controller operated by the PIC to control the UA while in flight ; • A radio receiver r ceiving live video and flight data from the on-board

camera and comp ter projects it all together onto a screen for the PIC to view during flight;
• A Visual

**Observ~** (VO) is a person wh provides a second pair of eyes to

visually track the J A while in flight.
The CA V System will 

### be operated 

### in tl1e field

**w~th** both a PIC and a VO in accordance with FAA Policy N 8900

. 22 1 Section 14



## "Operationa~ Requirements for UAS" and with the following Restrictions: 

## I
(a) No flight will be !made witl1 a UA Gross

**~ight** exceeding 55 pow1ds ; (b) All operations

**~I!St** occur 

### in FAA Class airspace at no more than 400 ft. AGL , at an airspeed of n more ilian 25 knots and o further than 3 / 4 NM from the PIC ; (c) All operations st utilize a visual obsent l er (VO)

. The VO and PIC must be able to communicate by voice at all times during a flight operation; (d) Operations will e restricted to flights



## o~er private property with the pennission of the property owner; (e) The PIC must ha e accmnulated and logg d , in a manner consistent witll 14 CFR § 61.51 (b) , a mini urn of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least en hours logged as a U pilot w i th a similar UA type ;(f) All required pen ·ts will be obtained fro1 state and local government prior to operation ; (g) The CAV Syste will not be operated ov r densely populated areas; (h) TheCA V Syste will not be operated at 

### ir shows ; (i) The CA V Syste will not be operated ovf any open-air assembly of people ; G) The CA V Syste will not be operated ov r heavily trafficked roads; (k) The CA V Syste will not be operated wi in 5 NM of an airport or heliport ; (1) The CAV Syster will not be operated ov r prope1ties smaller than two acres in size ; (m) Operations will b
1 restricted to day only d weather conditions equivalent to VFR ; (n) The PIC will bri f the VO and property wner about the operation and risk before the first flight at eacl new location ; (o) No flight may b made without a Pre-Fii ht Inspection by the PTC before each operation to ascertain that t e UA is 

### in a conditions e for flight. (see Appendix A)
The PIC and YO will eet the requirements o lined in FAA Policy N 8900.227 Section 

### 16 personnel Qualificatio s
. Additionally , the PIC and VO will perform maintenance on the system and will compl te a course of maintena ce instruction as part of their initial training. qualified flight crew a strict operation under he guidelines established in 8900.227 , and under all of the Restric ions (a) through ( o) lis ed above , the FAA can have full confidence that the operation will ave an equivalent or gr ater level of safety than manned aircraft performing the same m ssion
How this Request Will enefit the Public As Granting this exemptio request furthers the p lie interest. First, Congress has already pronounced that it is in the public's interest to i tegrate commercially flown UASs into the national airspace syste , hence the passing of e Reform Act. Second, New Heights Aerial Photography conducts esearch into safe UAS fperations every time it flies its UAS

. Flight data, visual inspections recorded observations nd flight analyses are compiled to further enhance current safety rotocols. Allowing us lo g more flight time directly relates to our research and our abili to further enhance curr nt safety measures. Third , the public has an interest in reducing the dange r and emission as ociated with current aerial cinematic capture methods , namely , full s· z e helicopters. Our U is battery powered and creates no emissions. In the unlikely event o r UA crashes there is n fuel to ignite and explode. The impact of our lightweight UA is negl"gible when compared t a full size helicopter, notwithstanding the statistically noteworthy safety record of full si helicopters used in motion picture captur e. The public ' s interest is furthered by minimizin ecological and crash impacts by permitting photo and motion pictu e capture through our I ghtweight UA. Progression o f the arts nd sciences has been 

### f ndamental to our society since its inclusion in the United States Cons itution. Indeed, Congre s mandated the integration ofUASs into our national airspace syste , in part , to achieve**pr~gression** in this noteworthy, and inevitable , field. Permitting New eights Aerial**Photogr~ahy** LLC to immediately fly within the United States furthers these go Is. Whether it is the a algam of scientific discoveries applicable to feature film making (in luding those drawing pon architecture , physics , engineering and cultural inclusiveness) o advancements in pub icly usable technologies or advancements in equipment available to aw enforcement perso:_rel 

### I first responders that does not cost millions of dollars , gra ting this exemption re uest substantially furthers the public ' s interest in way s known and c ently unknown.

### Granting this request w'll also allow small busi ess owners and home owners to be able to afford high quality aeri I images and video tha 1 they wou ld otherwise have no access to due to several factors, cost te ing the largest.
Attached are

### supportin~documents from them nufacture of the Phantom 2 Vision+. All attached documents ha e been studied and will be periodically reviewed by our PIC.

• DJI Phantom V sion 2+ Users Manual
• DJI Phantom V sion 2+ Quick Start Gu de • DJI Phantom V sion 2+ Pilot Training uide
• Smart Flight B ery Safety Guidelines 

### Our Virginia State Cor oration Commission L C paperwork i s also attached for your review. (SCC ID: S548 301)
The Contact Informati n for the applicants is fi , llows:
New Heights Aerial Ph tography LLC 12619 Second Branch oad C hes terfield, VA 2383 804-476-8505
Dante Robinson OOdrobOO (@. gmail

.com
Natasha Nash Tashagop@aol.com

The Title 14 Code of ederal Regulations fro which the exemptions are requested and listed below. Beside each re ation number is the p ge of the attached Addendum upon which each may be found together ith our proposed equiva ent level of safety fol' each regulation:

- 14 CFR Part 21

.. .. .. . .. . .. .. .. .. .. ... .. .. .. .. . .. . .. .. .. Addendum Page 4

- 14 CFR 45.23(b)

....... ........ . ..... . .. . .. . .......... Addendum Page 4

- 14 CFR 6l.I 13(a); 61.113(b);

.... .. .. .... .. .... . . ... Addendum Page 4

- 14 CFR 91.7(a); 91.9 )(2); 91.103(b)

............ Addendum Page 4

- 14 CFR 91.109 ; 91.1 9; 91.121..

................. . Addendum Page 3

- 14 CFR 91.15 1 (a); 91.203(a) & 

### (b)

............... Addendum Page 4

- 14 CFR Subpart E (9 .405(a) ; 91.407(a)(l)

.... .. Addendum Page 4

- 14 CFR Subpart E (9 .409(a)(2); 91.417(a) & 

### (b)) Addendum Page 4 -FAA Policy 8900 .227 Paragraph 16(c)(4) and ' aragraph 16(e)(l)

... Addendum Page 4
We are prepared to mo ify or amend any part o this request to satisfy the need for an equivalent level of safe

. Please contact us at y time if you require additional information or clarification. We loo forward to working wit your office.

### S incerely and respectf lly,

Dante Robinson

Natasha Nash

### ADDENDUM
EXEMPTI N REQUESTS AND ErU IVALENT LEVEL OF SAFETY
New Height s Aerial

**Ph tograph** 

**y** 

### LLC , requests 

# F exemption from the followin g r egu lation s as we ll as any additional r g ulations that may tec,cally apply to the operation of the CA V System:
14 CFR Part 2 1 , S ubpartt H: Airworthiness Certificates 21

. 191 Experimental cerificates

. Experimental certificat e are issued for the folloring purpo s es: (a) 

### Research and devel pmcnt. Testing new airjc raft de s ign concepts , new aircraft e quipment , new aircraft in s tallation , new aircraft operating techniques, or new uses for aircraft

. (b) 

### Showing complia n c with r e

gu la tions

. Co nducting flight tests and other operations to show compliance with the · orthiness regulations includin g fli g ht s to s how compliance for issuanc e of type and s uppleme ntal e certificates , fli g ht s t 3 substantiate major de sign changes, and fli ght s to show compliance with e function and

**reliabili~** 

### requirements of th e regulation s.

Sect ion 45.23(b)

**presc~**

**·** 

### es that w hen marks inclfde only the Roman capital letter "N" and the registrat ion number i s d s pla yed on limited ,

**res~ cted**  

### or li ght-sport category aircraft or experimental or provisionally certific ted aircraft, th e operator must also di s play on that aircraft near each entrance to the cabi n , c ckpit , o r pilot s tation , in etters not less than 2 inche s nor more than 6 inche s high , the words "limit j " "restricted , " "li g h t

- spo , ""experimental , " or "pr ovis ional , " as applicable.

Sect i on 61.113(a) and 

## (lp) prescribes that- (a) no person w ho holds a private pilo certificate may act a s a pilot in command of an aircraft that is carry in g Jpa sse ngers or property or co mp ensation or hire ; nor m ay that perso n , for compensati o n o r hire , a t as pil ot 

### in command o an aircraft. (b) a private pil t may , for compensatio [ or hire , act as pil o t in command of an aircraft in conn ectio n w ith any bu in ess or e mplo y me nt if: (1) The ight is onl y inc ident a

l t l that business or emplo y ment ; and (2) The aircraft does n ot carry

**~asse**

**ge**
**s** 

### or property for compensation or hire

. [
Sect i on 91

. 7(a) prescr ib s t h at no person may o p erate a civil aircraft w1l ess it i s in an airworthy
condition
.



# ~ Section 91.7 (b) prescri es that the pilot in com and of a civil aircraft i s responsib le for determining whether th t airc raft i s in condition or safe flight and that the PIC shall discontinue the flight when un a irw o rt 4 1 mechani ca l , e lectric al , o r structural conditi o n s occur
. Section 91.9(b)(2) pro bits oper at ion ofU.S

. -rebs tered civil aircraft unle ss th ere i s available in Addendum Page 4 of 10the aircraft a current apJ roved Airplane or



# Rotor **raft** F li ght Manual , approved manual material , markings, and placards, l or any combination thereof.
Section 91.1 03 (b) pres f ribes that a pilot shall 

### fi r any flight, become familiar with runway lengths at airports of intended use , and takeoff a d landing distance information

. Section 91.1 09( a) pres ribes, in pe1tinent prut , t 1at no person may opera te a civil aircraft

. (except a manned free balloon) th tis being used for flight instruction unless that aircraft has fully functioning dual control

. Section 91

. 119 prescrib y s that, except when necessary for takeoff or landing, no person may operate an aircraft belo 'f the following altitudes:
(a) Anywhere

. An

**~titude** allowing , if a po er unit fails , an emergency landing without undue hazard to perso s or property on the surface. (b) Over congested areas. Over any conges l ed area of a city, town, or settlement , or over any open air assem ly of persons , an altitud of 1,000 feet above the highest obstacle within a horizontal radiu of 2,000 feet of the a:i.rc 

### · aft

. (c) Over other than congested areas
. An alti ude of 500 feet above th e surface , except over open water or sparse! populated areas. In tho e cases , the aircraft may not be operated closer than 500 feet to atly r rson , ves s el , vehicle , 0 structure

. (d) Helicopters, po ered parachutes , and weight-shift -control aircraft. If the operation IS conducted with ut hazard to persons or roperty on the surface- (1) A

**helicopte**

**~** may be operated at less

**~an** the minimums prescribed in paragraph (b) or (c) o f this section , provided rch person operating the helicopter complies with any routes altitudes specifically p

1 scribed for helicopters by the FAA ; and (2) A powered arachute or weight-shiijt-control aircraft may be operated at less than the minimu s prescribed in paragrarlh (c) of tlus section.
Section 91

. 121 require , in pertinent part, eacl J person ope rating atl aircraft to maintain cruising altitude by reference to an altimeter that is s et ivailab le within 100 NM of the aircraft "

... to the elevation ofthe departure airport or an approprij e altimeter setting avai labl e before departure."
Section 91.151 (a) prescribes that no person

**rna ~**  begin a flight in an airplane tmder VFR conditions unless (const'dering wind and

**forecas**

**~** weather condition s) there is e n ough fuel to fly to the first point of intend d landing and , assuming normal cruising speed, ( l) during the day , to fly 

### after that 

### for al least 30

. irtutes [emphasis adder
Section 91.203(a) pro · its , in pertinent part , an person from operating a civil aircraft unless it has within it (1) an app opriate and current airw ' rthiness certificate ; and (2) an effective U

. S

. registration certifi ate issued to its owner o , for operation within the United States , the Addendum Page 5 of 10second copy of the Airc aft registration Applica on as provi ded for in § 4 7.3 1 (c).
Section 91.203(b) presc ibes , in pertinent part , tl t no person may operate a civil aircraft unless the airworthiness certificate or a special flight**autho~·zation** issued under § 91.715 is displayed at the cabin or cockpit entranc so that it is legible top ssengers or crew.
At a maximum gross w ight of 5.3 pow1ds , the A is too smal l to carry documentation , does not have an entrance , and is not capab l e of carrying assenge r s or crew. To obtain an equiva lent level of safety and meet the inte t of 91

. 203 , we propose at documents deemed appropriate for this aircraft by the FAA will be co-l cated with the crew at t e ground control station and availabl e for inspection upon req uest.
Section 91.405(a) reqt · es, 

### in pertinent part, that an aircraft operator or owner s hall havetl1at aircraft inspected as prescri bed subpart E of the same art and shall , between required inspections, except as provided in paragrap (c) of tl1e same section, have discrepancies repaired as prescribed in part 43 ofthe chapter.
Section 91.407(a)(l) pr hibits , in pertinent part , y person from operating an aircraft thathas undergone maintenance preventive**maintenan~c ,**  reb uilding , o r alteration unless it has been approved for return to s rvice by a person autho
· zed under § 43.7 of the same chapter.
Section 91.409(a)(2) pr scribes , in pertinent p that no person may operate an aircraft tmless, within the preceding 12 calendar months , it has td an inspection for the issuance of an airworthiness ce1tificat in accordance with part ( of this chapter.
Section 91.417(a) and ) prescribes , in pertinen 1 part, that- (a) Each registe ed owner or operator sh 11 keep the following records for the periods specified in par graph (b) of this section (1) Rec rds of the maintenance , reventive maintenance , and alteration and records of the 1 0-hour, annual , progres ive, and other required or approved inspections, as ate , for each aircraft (inc uding the airframe) and each engine , propeller, rotor, d appliance of an aircra

. The records mu st includei) A descript i on (or re renee to data acceptable to the dministrator) of the wo k perfonned; and ii) The date of completi n of the work performed; and iii) The signature , and , ertificate number of the person approving the

· craft for return to se ing information: i) The total time in se · ce of the airframe, each engine, each
Add endum Page 6 of 10f ropeller , and each rotor.



## ii) The current status



## o~ life-limited parts of each airframe, engine, ropeller, rotor, and appliance. iii) The time since last f l verhaul of all items installed on the aircraft hich are required to be verhauled on a specified time basis

. iv) The current inspecti n status of the aircraft, including the time ince the last in spect ion required by the inspection program under hich the aircraft and its appliances are maintained. v) The current status of applicable airworthiness directives (AD) and safety directives includillf, for each, the method of compliance , the AD or



### afety directive number nd revision date

. If the AD or safety directive involves recurring action the time and date when the next action i s required.

vi) Cop ie s of the forms rescribed by§ 43 .9( d) of tl1i s chapter for each ajor alteration to tl1e · rame and currently installed engines , rotors, ropellers , and appliance

. (b) The owner r operator shall retain th j following records for the periods prescribed: 

### (1) The f ecords spec ifi ed in parlraph (a)(l) of this section shal l be retained until the wor is repeated or s uperse ed by other work or for 1 year after the work is perform d.
(2) The 1 ecords specified in par graph (a)(2) of this section shall be retained and transfe 1 ed with the aircraft at th t time the aircraft is sold. (3) A



### 1~
**t** of defects furnished tor re gi s tered owner ot' operator under § 43.11 of this chapter s h a ll be Jtained until the defects are repaired and the aircraft s approved for return to ervice.
Co ncluding , the Phanto n 2 Vision + aircraft (U ) will not carry persons or propetty , w ill not carry fuel , and will



## onl~y under strict operatiohal requirements. Combined with the UA's lightweight, being cons cted primarily of carbJn fiber and plastic, we propose that the UA will be at least as safe , 

### if no safer , than a conventio nall y certificated aircraft performing the same lTilSStOn

. If an aiiworthiness cet tcate is not appropriate for tllis application , then we request an exemption of 14 CFR Part 21, Sub art H, and the requiremlnt for an airwortl1iness certificate in general , citing the equivalent level of afety.
The UA is battery oper ted and the maximum d ation of flight from a single battery charge is 25 minutes witl1 a 20% res rve. Since the aircraft w 11 never fly more than 3/4 NM from the Addendum Page 7 of 10point of intended landin t a full battery charge at law1ch will ensure that we meet the reserve energy requ irement oftl}.is paragraph. We reques an exemption to the word "fuel" and ask for an equivalent interpretatiod with the word "energy".


### It i s our intention that th PIC perform maintena ce and inspection of the aircraft and "be authorized to approve t e aircraft for return to sef ice ." As provided in the Pre-Flight C heckli st in Appendix A, the PIC wi 

### 1ensure that the aircraft is in an airworthy condition prio r to every flight and in addition conduct etailed inspections aftc every two hours of flight.
Maintenance performed by the PIC i s limited to

**~epa iring**  small cracks, replacing a propeller , checking electrical

**co~ections** and updatin g sortare and firmware for the on-board computer

. All other maintenance will be performed by the manfacturer or de signated repair facility

. The PIC wi ll document work performed in accordance wi h 9 1 .417. We feel that due to the size , construction, and simpli ity of the aircraft , the P can ensure an equivalent level of safety.
The UA maximwn

**gros**

**~** weight is 3.0 pounds and the PIC is not on board. Both the PIC and the YO are required to be in YLbS. Given the unlikely efent that both the PIC and YO become medically incapacitated while the J ircraft is 

### in flight , the U will retwn autonomously to the s ite of launching and land without crew · tervention.
Therefore , requiring the PIC and YO to meet the same medical requirements as a commercial pilot carrying passenger in a lar ge aircraft is an necessary burden.
The UA will always fly

**~elow** 400 feet AGL and will not need to maintain cmising altitudes in order to prevent conflict with other aircraft. An bove Ground Level altimeter measurement above takeoff point is trrsmitted via radio from A on-board computer to display screen held by the PIC , providing a f onstant updated AGL readout.
We propose that the miq.imum medical requirements for the PIC and YO be vision corrected to 20/ 20 and a valid , state i ssued driver's license. T 1 e 20/20 vision requirement will ensure that the PIC and YO can see an avoid air traffic; a lic en ed driver is medically qualified to operate a much larger vehicle.
UAS Operating Parame ers The petitioner states th he will abide by the fol owing additional operating conditions w1der tllis exemption : I
• operate his UAS below 300 feet and witliin a radius distance of 1000 feet from the contro ll er to both aid in direct lin e of



## sig~t visual observation ; 1

• operate the U A I for 

### 15 minutes per

**flig~t**

**;** land hi s UAS rior to the manufacturer' s recommended minimum leve l of battery power ; • operate his UA only within visual line

**f** sight (YLOS);
• use the UAS' gJ , bal positioning system ( PS) flight safety feature whereby it hovers and then slowly lands if communication ith the remote control pilot is lost ; conduct all ope ations under his own pe ' Onal and flight safety protocols ( includin g posting a wan g s ign readin g: "Attenti n Aerial Photography in Progress- Remain
Addendum Page 8 of 10Back 150 feet" contained in the operafng documents and will actively analyze flight data and other sources of information to constantly update and enhance his safety protocols ; • contact respecti e airports if operations ill be within 5 miles to advise them of his estimated flight time, flight duration , ele ation of flight and otl1er pertinent information;
• always obtain I necessary permissions rior to operation; and
• have procedure 

### in place to abort flights the event of safety breaches or potential danger.

Addendum Page 9 of 10

### APPENDIX A- F IGHT MANUAL

(a) No flight will be · de with a UA Gross we ght exceeding 55 pounds; (b) All operations mu t occur in FAA Class airspace at no more th an 400' AGL , at an airspeed of no mor than 25 knots and no**ft~her** than 3 / 4 NM from the PIC ; (c) All**oper~tions** mu t utilize a_ visual o_bserv**~** (YO)

.**Th~** YO and PIC must be able to commumcate verb

. lly at all ttmes dunn g a · tght operatiOn ; (d) Operations will b restricted to flights ov r private property with the permission ofthe property owner ; (e) The PIC must hav accumulated and logge , in a manner consistent with 14 CFR 

### § 61.51 

### (b) , a minimum of 100 fl ght cycles and 25 hours ftotal time as a UA rotorcraft pilot and at least ten hours logged as a A pilot with a similar U type ; (f) All required permi swill be obtained from tate and local government prior to operation ; (g) The CAY System ill not be operated over densely populated areas; (h) The CAY System 

### ill not be operated at a· shows ; (i) The CAY System 

### ill not be operated over any open-air assembly of people; G) The CAY System ill not be operated over heavi l y trafficked roads ; (k) The CA V System 

### ' 11 not be operated witl · 5 NM of an airport or heliport ; (1) The CAY System ill not be operated over properties smaller than two acres in size; (m) Operations will b restricted to day o nly**~f.** weather condition s equivalent to YFR ; (n) The PIC will brie the YO and property o ner about the operation and risk b efore the first fli g ht at each ew loc ation ; (o) No flight may be ade without a success ul Pre-Flight Inspection by the PIC before each operation to ascert in that the U A i s in a c ndition safe for flight.

(1) Us e voltmeter to d tennine that UA batte is fully charged in order to prevent unexpected premature descent ; (2) Check all wiring co ections are tight ; (3) Check all propeller are undamaged and no racks exist in any structural members of the UA ; (5) Turn on radio con oiler, check for adequat vo ltage , set it to connect to the UA, move all control switches to orward or down positio and throttle control stick full back position ; (6) Connect UA main attery , check for radio c ntact with UA's radio receiver ; (7) At a location differ nt from previou s flight, e
- s et GPS and compass to CtUTent location ; (8) Tum on transmitter gimbal and camera
. 

### TO REGAIN CONT



### 1. 

### 2. Throttle = 50°/ 3. Mode = 

### A TTl 4. Failsafe= OFF Mode= G 

### IOCONTACT
If radio contact is n , t restored, the UA will**a~tomatically** 

### c ntinue at SOft. above its la st eleva ion before losing contact toward its t keoff point , t h en descend and l and t ere autonomously

Addendum Page 10 of 10