### August 24, 2015

Exemption No. 12566

Regulatory Docket No. FAA

− 20 15

− 2395

Mr. Mat McCoury

McCoury Investments Inc

. 2908 E ast 29th Avenue

Spokane, WA 99223

Dear Mr. McCoury :

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 June 10, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of McCoury Investments Inc

. ( hereinafter petitioner or operator ) for an exem ption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial

photography and video graphy

.

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 are the DJI Phantom 3 and DJI Inspire

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products

and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria

provided in Section 333 of P ublic 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 operat ion, 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

, C ertification 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 s imilar 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 t han 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 requesti ng 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, McCoury Investments Inc

. 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 limi tations 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.), chemic al measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.

### 3

Conditions and Limitations

In this grant of exemption, McCoury Investments Inc

. 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 3 and

DJI Inspire when weighing less than 55 pounds including payload. Proposed

operations of any other aircraft wil l 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 manuf

acturer.

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 ;

e lectronic 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 e xemption 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 ac cessible 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 he rein 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 operat or 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 FA A’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 te st 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 dete rmine 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, t he 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, recr eational, 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 Col u mbia, 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 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 curre ncy 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, proficiency, and experience

- building) and determining the PIC’s ability to

safely operate the UAS in a manner con sistent 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 f lights, 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 (A RP) 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

manage ment 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 pr ivate 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 fo r 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

operatio ns shall be cond ucted 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 a vailable 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 ev ent 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 immediatel y 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 cl oser 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 fligh t operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be

reported to the National Transportat ion 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 followi ng 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 a rea 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 th e person responsible for the on

- scene operation of

th e 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 p roduction 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, coun ty, 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 produ ction, 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 9 1.

### 8

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

Sincerely,

/ s/

John S. Duncan

Director, Flight Standards Service

EnclosuresMat McCoury

McCoury Investments INC

2908 E. 29th Ave.

Spokane, WA 99223

June 10, 2015

U.S. Department of Transportation

Docket Management System 1200

New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a);

14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119( c); 14 CFR 91.121; 14 CFR

91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1)

and (2); 14 CFR 91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 201 2 and 14 CFR Part 11, Mat

McCoury, operator of small Unmanned Aerial Systems (UAS), hereby applies for an exemption from the

listed Federal Aviation Regulations to allow commercial operation of a small UAS, so long as such

operations are conducted within a nd under the conditions outlined herein or as my be established by the

FAA as required by Section 333.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors,

would operate in the following manner:

1. Aerial pho tography and/or video for public and/or private use including real estate, architecture,

land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public events,

and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue operations

in cases of an emergency or natural disaster only when the local authorities or government has

requested it by contract or donation.

As described fully below, the requested exemption would permit the operation of small UAS under

controlled co nditions in the NAS that would be a) limited b) controlled c) predetermined and d) willprovide safety enhancements to the already safe operations in the industry presently using conventional

aircraft. Approval of this exemption would thereby enhance safet y 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. ”

The name, phone, email and address of the applican t:

Name: Mat McCoury

Phone: (509) 534

- 7611

Email: mmccoury@comcast.net

Address: 2908 E. 29th Ave.

Spokane, WA 99223

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 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) (2)

14 CFR 91.417 (a) & (b)

The small UAS ’ s I will be using are multi

- rotor cra ft weighing no more than 55lbs. including payload.

Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the ability

to hover and move along a vertical and horizontal plane simultaneously. They will operate in line of s ight

only and by the exempted person only obeying all other local and federal laws.

Given the small size of the UAS and the controlled environment provided the proposed operations will

adhere to the Reform Act ’ s safety requirements. The approval of this a pplication presents no national

security issues. Regarding the level of safety surrounding the proposed operations and the public benefit,

reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of

the reques ted exemption is in the public interest. Accordingly the applicant requests that the FAA grant

the requested exemption with minimum delay.AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will

further enhance the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at

25% battery power reserve or 30 minutes of flight time whichever occurs first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and

not more than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the

Visual Observer (VO) when needed and may include but not limited to a Camera Operator.

6. The small UAS pil ot will be Mat McCoury ONLY not allowing any other person to operate the

small UAS in a commercial capacity.

7. A briefing will be performed regarding the planned small UAS operations prior to each day ’ s

flight consisting of all the days ’ production act ivities.

8. The PIC will obtain verbal/written consent of all persons involved with the planned operation and

ensure that only consenting persons will be allowed within 100 feet of the flight operation, and

the radius may be reduced to 30 feet based up on an equivalent level of safety determination, as

required under the FOM. With the advanced permission or direction of the FSDO, operations at

closer range may be approved.

9. The PIC and VO will have been trained in operation of small UAS and receive up

- to

- date

information for the particular small UAS to be operated and will be able to show upon request

their competent ability to operate the small UAS and/or Camera.

10. The PIC and VO will be able to communicate by voice, radio, and/or text at all t imes.11. Written and/or verbal permission and permits will be obtained from territorial, state, county or

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies

when needed.

12. If the small UAS loses communications or loses GPS signal, the small UAS will have the

capability to return to a pre

- determined location within a designated location and land

autonomously.

13. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather,

or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. § 91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

airwo rthiness certificates as required by FAR § 91.203 (a) (1). Given the size and limited operating area

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets

the requirements of an equivalent level of safety un der Part 11 and Section 333 of the Reform Act. The

Federal Aviation Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act both authorize the FAA

to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size,

weight, speed, operational capability, and proximity to airports and populated areas of the particular small

UAS. In all cases, an analysis of these criteria demonstrates that the small UAS operated without an

airworthiness certificate, in the restricted environment and under the conditions proposed will be at least

as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness

certificate without the restrictions and conditions proposed.

The small UAS to be ope rated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a

secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly

controlled and monitored by both the operator and under the requirements and in compliance with local

public safety requirements. These safety enhancements provide a greater degree of safety to the public

and property owners than conventional operations conducted with airworthiness certificates issued under

14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no

credible threat to national security posed by the small UAS, due to its size, speed of operation, location of

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial

external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include onl y the Roman capital letter "N" and the registration

number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally

certificated aircraft, the operator must also display on that aircraft near each entrance to th e 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.

Even though the small UAS will have no airworthiness cert ificate, an exemption may be needed as the

small UAS will have no entrance to the cabin, cockpit or pilot station on which the word “ Experimental ”can be placed. Given the size of the small UAS, two

- inch lettering will be impossible. The word

“ Experimental ” will be placed on the fuselage in compliance with § 45.29 (f). The equivalent level of

safety will be provided by having the small UAS marked on its fuselage as required by § 45.29 (f) where

the pilot, observer and others working with the small UAS will se e the identification of the small UAS as

“ Experimental. ”

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (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. Our small UAS

do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR

61.113(a). Although helpful, a pilot ’ s license will not ensure remo te control piloting skills. The risks

attendant to the operation of small UAS is far less than the risk levels inherent in the commercial

activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to

the safe op eration of the small UAS.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As

there will be no airworthiness certificate issued for the aircraft, sh ould this exemption be granted, no FAA

regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance

and use of safety checklists prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft

... (2) For which an

Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, 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. The small UAS, given its size and configuration has no ability

or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but

because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety

will be maintained by keeping the flight manual at the ground cont rol point where the pilot flying the

small UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety of

flight. As FAA approved ro torcraft flight manuals will not be provided for the aircraft an exemption will

be needed. The OPERATOR will take all actions including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data before initi ation of flight.

14 C.F.R. § 91.109: Flight Instruction.

Section 91.103 provides 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. Small UAS and

remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is

accomplished through the use of a control box that communicates with the aircraft via radio

communications. The FAA has approved exempti ons for flight training without fully functional dual

controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level ofsafety provided by the fact that neither a pilot nor passengers will be carried in the airc raft and by the size

and speed of the aircraft.

14 C.F.R. § 91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescrib ed, provided the person operating the

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption

is for a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to

400 AG L, or not more than 200 above an elevated platform from which filming is planned, an exemption

may be needed to allow such operations. As set forth herein, the small UAS will never operate at higher

than 400 AGL with the exception that in circumstances whe re the small UAS is used to survey or

photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more

than 100' above the highest point on the structure. It will however be operated in a restricted area with

security perim eter, where buildings and people will not be exposed to operations without their pre

obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the

small UAS as well as the location where it is operated. No flight wi ll be taken without the permission of

the property owner or local officials. Because of the advance notice to the property owner and participants

in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to

flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein

and the lack of flammable fuel, any risk associated with these operations is far less than those presently

presented with conventional aircraft operati ng at or below 500 AGL. In addition, the low

- altitude

operations of the small UAS will ensure separation between these small

- UAS operations and the

operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.121 Altimeter Sett ings.

This regulation requires 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. ” As the s mall UAS may not have a barometric altimeter, but instead a GPS altitude read

out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant

to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on

the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “ 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; or (2) At night, to fly after that for at least 45 minutes. ” The battery powering the small UAS

provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14

CFR § 91.151, small UAS flights would be limited to approximately 10 minutes in length. Given the

limitations on the small UAS ’ s proposed flight area and the location of its proposed operations within a

predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR § 91.151(a) falls within the scope of prior exemptions.

Operating the small UAS, in a tightly controlled area where only people and property owners or official

representatives who have signed waivers will be allowed, with less than 30 minutes o f reserve fuel, does

not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of

the small UAS. Additionally, limiting small UAS flights to 10 minutes would greatlyreduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of

safety can be achieved by limiting flights to 30 minutes or 25% of battery power

— whichever happens

first. This restriction would be more than adequate to return the small UAS to its planned landing zone

from anywhere in its limited operating area.

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91. 715, no person may operate a civil aircraft unless it has within it the

following:

(1) An appropriate and current airworthiness certificate.

. . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a)

o f this section 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.

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilo t. As

such, there is no ability or place to carry certification and registration documents or to display them on the

small UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the pilot flying th e small UAS will have immediate access to them; to the extent they are applicable

to the small UAS.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “ shal l have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter..., ” and

others shall i nspect or maintain the aircraft in compliance with Part 43. Given that these section and Part

43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant.

Maintenance will be accomplished by the operator purs uant to the flight manual and operating handbook.

An equivalent level of safety will be achieved because these small UASs are very limited in size and will

carry a small payload and operate only in restricted areas for limited periods of time. If mechanica l issues

arise the small UAS can land immediately and will be operating from no higher than 400 feet AGL. The

operator will ensure that the small UAS is in working order prior to initiating flight, perform required

maintenance, and keep a log of any mainte nance performed. Moreover, the operator is the person most

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the

equivalent level of safety.

An equivalent level of safety will be achieved because main tenance and inspections will be performed in

accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual

(AOM). As provided in the FOM, the operator will ensure that the small UAS is in working order prior to

initia ting flight and perform required maintenance needed.

Small UAS InformationSmall UAS ’ s to be used are as follows:

1. DJI Phantom 3 Professional



### Weight (Including Battery And Propellers) 1280 g

Diagonal Size (Including Propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy

• Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m

• Horizontal: +/

- 1.5 m

Max Speed 16 m/s (ATTI mode, no wind)

2.

DJI Inspire

Model T600

Weight (Battery Included) 2935 g

Hovering Accuracy (Gps Mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300 ° /s

Yaw: 150 ° /s

Max Tilt Angle 35 °

Max Ascent Speed 5 m/s

Max Descent Speed 4 m/s

Max Speed 22 m/s (ATTI mode, no wind)

Max Flight Altitude 4500 m

Max Wind Speed Resistance 10 m/s

Max Flight Time Approximately 18 minutes

Motor Model DJI 3510

Propeller Model DJI 1345

Indoor Hovering Enabled by default

Operating Temperature Range

- 10 ° to 40 ° C

Diagonal Distance 559 to 581 mm

Dimensions 438x451x301 mm