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 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 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, New Heights Aerial Photography LLC is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

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

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

below.

 

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 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 September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
New 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 Regull 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 would support 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, special event, and land 

development industries. We plan to serve centra' Virginia and surrounding areas. 

The UA, powered by baheries, 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 effective than 

ground-based imagery fi r displaying the charact ristics of large, complex properties 

with several buildings a d large trees. Full-sized helicopters have proven more costly 

than many potential clie ts have been able to af£ rd. The benefits of reduced cost and 
improved 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 CA V 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 

batteries 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 altitude 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 video 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 OFITHE SYSTEM: 

• A Pilot in Command (PIC) in operational control 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 8900.221 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 obsentl 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 with a similar UA type; 
(f) All required pen ·ts will be obtained fro1 state and local government prior to operation; 

(g) The CA V 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 CA V 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 log 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 danger 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 capture. 

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 of 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 ways 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 tha1 they would otherwise have no access to due 

to several factors, cost teing 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 is 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 

Chesterfield, 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 91.151 (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. 
Sincerely and respectf lly, 

Dante Robinson 

Natasha Nash 
ADDENDUM 

EXEMPTI N REQUESTS AND ErUIVALENT LEVEL OF SAFETY 

New Heights Aerial Ph tography LLC, requests F exemption from the following regulations as 

well as any additional r gulations that may tec,cally apply to the operation of the CA V 

System: 

14 CFR Part 21, Subpartt H: Airworthiness Certificates 

21 .191 Experimental cerificates. 

Experimental certificate are issued for the folloring purposes: 

(a) Research and devel pmcnt. Testing new airjcraft design concepts, new aircraft equipment, 

new aircraft installation , new aircraft operating techniques, or new uses for aircraft. 

(b) Showing complianc with regulations. Conducting flight tests and other operations to show 

compliance with the · orthiness regulations including flights to show compliance for issuance of 

type and supplemental e certificates, flights t3 substantiate major design changes, and flights to 

show compliance with e function and reliabili~ requirements of the regulations. 

Section 45.23(b) presc~· es that when marks inclfde only the Roman capital letter "N" and the 

registration number is d splayed on limited, res~cted or light-sport category aircraft or experimental 

or provisionally certific ted aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, c ckpit, or pilot station, in etters not less than 2 inches nor more than 6 inches 

high, the words "limitj " "restricted," "light-spo ,""experimental," or "provisional," as applicable. 

Section 61.113(a) and (lp) prescribes that-

(a) no person who holds a private pilo certificate may act as a pilot in command of an 

aircraft that is carryingJpassengers or property or compensation or hire; nor may that person, for 

compensation or hire, a t as pilot in command o an aircraft. 

(b) a private pil t may, for compensatio[ or hire, act as pilot in command of an aircraft in 

connection with any bu iness or employment if: 

(1) The ight is only incidental tl that business or employment; and 

(2) The aircraft does not carry ~asse ge s or property for compensation or 

hire. [ 

Section 91 .7(a) prescrib s that no person may operate a civil aircraft w1less it is in an airworthy 

condition. ~ 

Section 91.7 (b) prescri es that the pilot in com and of a civil aircraft is responsible for 

determining whether th t aircraft is in condition or safe flight and that the PIC shall discontinue the 

flight when un airwort41 mechanical, electrical, or structural conditions occur. 

Section 91.9(b)(2) pro bits operation ofU.S.-rebstered civil aircraft unless there is available in 

Addendum Page 4 of 10 
the aircraft a current apJroved Airplane or Rotor raft Flight Manual, approved manual material, 

markings, and placards,lor any combination thereof. 

Section 91.1 03 (b) presfribes 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 operate 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 prescribys 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 led 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 the 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, vessel, 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) of 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, eaclJ person operating atl aircraft to maintain cruising 

altitude by reference to an altimeter that is set ivailable within 100 NM of the aircraft " ... to the 

elevation of the departure airport or an approprij e altimeter setting available 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 conditions) there is enough 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 10 
second copy of the Airc aft registration Applica on as provided for in § 4 7.31 (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 small to carry documentation, does not 

have an entrance, and is not capable of carrying assengers or crew. To obtain an equivalent 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 available for 

inspection upon request. 

Section 91.405(a) reqt · es, in pertinent part, that an aircraft operator or owner shall havetl1at aircraft 

inspected as prescribed 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 , rebuilding, or 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 pertinen1 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 must includei) A description (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 

Addendum Page 6 of 10 
f 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 fl 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 inspection 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 is required. 

vi) Copies of the forms rescribed by§ 43 .9( d) of tl1is chapter for each 

ajor alteration to tl1e · rame and currently installed engines, rotors, 

ropellers, and appliance . 

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

(1) Thef ecords specified in parlraph (a)(l) of this section shall be retained until 

the wor is repeated or superse 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 

transfe1 ed with the aircraft at tht time the aircraft is sold. 

(3) A 1~ t of defects furnished tor registered owner ot' operator under 

§ 43.11 of this chapter shall be Jtained until the defects are repaired and the 

aircraft s approved for return to ervice. 

Concluding, the Phanto n 2 Vision+ aircraft (U ) will not carry persons or propetty, will 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 conventionally 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 10 
point of intended landint a full battery charge at law1ch will ensure that we meet the reserve 

energy requirement oftl}.is paragraph. We reques an exemption to the word "fuel" and ask for an 

equivalent interpretatiod with the word "energy". 

It is our intention that th PIC perform maintena ce and inspection of the aircraft and "be 

authorized to approve t e aircraft for return to sefice." As provided in the Pre-Flight Checklist in 

Appendix A, the PIC wi 1 ensure that the aircraft is in an airworthy condition prior to every flight 

and in addition conduct etailed inspections aftc every two hours of flight. 

Maintenance performed by the PIC is limited to ~epairing small cracks, replacing a propeller, 

checking electrical co~ections and updating sortare and firmware for the on-board computer. All 

other maintenance will be performed by the manfacturer or designated repair facility. The PIC 

will document work performed in accordance wi h 91 .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 Jircraft is in flight, the U will retwn autonomously to the site 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 large 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 fonstant 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 issued driver's license. T 1 

e 20/20 vision requirement will ensure that the 

PIC and YO can see an avoid air traffic; a licen 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 

controller to both aid in direct line of sig~t visual observation; 

1 

• operate the U AI for 15 minutes per flig~t; 

land his UAS rior to the manufacturer's recommended minimum level 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 (including 

posting a wan g sign reading: "Attenti n Aerial Photography in Progress- Remain 

Addendum Page 8 of 10 
Back 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 1 0 
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 than 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 dunng 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 heavily 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 only ~f. weather conditions equivalent to YFR; 

(n) The PIC will brie the YO and property o ner about the operation and risk before the 

first flight at each ew location; 

(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 is in a c ndition safe for flight. 

(1) Use 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 voltage, 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 previous flight, e-set 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 last eleva ion before losing 

contact toward its t keoff point, then 

descend and land t ere autonomously 

Addendum Page 10 of 10