May 5, 2015

Exemption No. 11482 Regulatory Docket No. FAA–2015–0317

Mr. Michael Carey Goudeau 8309 Bella Famiglia Avenue Las Vegas, NV 89178

Dear Mr. Goudeau:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

By letter dated February 4, 2015, you petitioned the Federal Aviation Administration (FAA)) for an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial videogra phy and cinematography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

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

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, a nd limited operating area associated with the2

aircraft and its operation, the S ecretary of Transportation has de termined 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 collection 1 . The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pres ented 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 Labs, Inc. ( see Docket No.

FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for re questing an exemption, I find that—

 They are similar in all material respects to relief previously re quested 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 situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant 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, Mr. Mi chael Carey Goudeau 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 pe titioner to operate a UAS to perform aerial data

collection and/or closed set mo tion picture and filming. 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, et c.), electronic measurement (precision surveying, RF analysis, etc.), chemical measuremen t (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Mr. Michael Ca rey Goudeau is hereafter referred to as the operator.

Failure to comply with any of the conditions an d limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision+ when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will re quire a new petition or a peti tion 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 restricti on. 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 th e 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 PI C 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 pe rmitted during flight operations. The PIC must be designated before the flight and ca nnot transfer his or her designation for the duration of the flight. The PIC must en sure 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 discre pancy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,4

the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d 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 wh ich the FAA granted this exemption, then the operator must petition for an amendmen t 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 aff ect the UAS operation or flight characteristics, e .g., replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions 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 functi onal 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. Th e 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 manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exempti on must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot 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 f light review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles 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 e xperience-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 dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants 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 me teorological conditions (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity 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 ai rport 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 pr ivate or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a f light 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 fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce 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 unde r the terms of the attached COA.6

22. All aircraft operated in accord ance 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 th e 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 wa y 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 pr otect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under su ch 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 struct ures 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 es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/contro ller 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 Sa fety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for th e 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 ove r the area of proposed filming. The 3-day notification may be waived w ith 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 res ponsible for the on-s cene operation of the UAS;

d. Make, model, and serial or N

− Number of UAS to be used;

e. Name and certificate number of UAS PI Cs involved in the aerial filming;

f. A statement that the operator has obtain ed permission from property owners

and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and

h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating 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 al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

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

Sincerely,

/s/

John S. Duncan Director, Flight St andards Service

EnclosuresRequest	for	FAA	Exemptions:

Michael	Carey	Goudeau 8309	Bella	Famiglia	Ave. Las	Vegas,	NV.	89178 goudeau@gmail.com (702)	496

- 7702 February	4,	2015

I	wish	to petition	the	Federal	Aviation	Administration	(FAA)	for	an	exemption	from part	21,	subpart	H;	and	Sections	45.23(b),	61.113(a)	and	(b),	91.7(a),	91.9(b)(2), 91.119,	91.121,	91.151(a),	91.203(a)	and	(b),	91.405(a),	91.407(a)(1),	91.409(a)(2), and	91.417(a)	a nd	(b)	of	Title	14,	Code	of	Federal	Regulations	(14	CFR).

I	would	like	to	be	permitted	to	operate	a	DJI	PHANTOM	2	Vision+	quad

- copter unmanned	aircraft	system	(UAS)	to	conduct	aerial	videography	and cinematography.	I	currently	work	for	the	Nevada	Public Broadcasting	System	for	an upcoming	television	show	called	“Outdoor	Nevada.”		This	show	is	designed	to increase	community	awareness	of	the	many	scenic	places	and	outdoor	activities

within	the	state	of	Nevada.

I	am	a	licensed	private	pilot	(Certificate	n umber	3233835)	with	over	150	hours	as PIC.		The	quad

- copter	will	be	flown	within	sight	and	below	400	ft.	AGL.

Attached	are	documents	regarding	the	type	of UAS I	fly.	PHANTOM	Flying	Flow Chart	V1.0	(Simplified	Version),	PHANTOM	Quick	Start	Manual	v1.7, PHANTOM Advanced	Manual	v.1.4,	3)	PHANTOM	2	User	Manual

I	plan	to	operate	a	UAS,	a	PHANTOM	2	Vision+,	which	is	comprised	of	an	unmanned aircraft	(UA	or	PHANTOM)	and	a	transportable	ground	station.	The	PHANTOM	is referred	to	as	a	quad

- copter	and	has	a	maxi mum	gross	weight	of	about	3	pounds.	It is	equipped	with	four	rotors	that	are	driven	by	electric	motors	powered	by batteries.	The	UA	has	a	maximum	airspeed	of	30	knots.	I	plan	to	attach	a	small	ultra

l ightweight	GoPro	3+	camera	to	the	UA	and	operate	the	UA over	various	areas

within	the	state	of	Nevada.

 I	will	only	operate	the	UA	in	reasonably	safe	environments	that	are	strictly controlled,	are	away	from	power	lines,	elevated	lights,	airports	and	actively populated	areas.

 I	will	conduct	extensive	prefligh t	inspections	and	protocols,	during	which safety	carries	primary	importance.Given	the	size,	weight,	speed,	and	limited	operating	area	associated	with	the	aircraft

I	believe	an	exemption	from	14	CFR	part	21,	Subpart	H	(Airworthiness	Certificates) and	§ 91.203	(a)	and	(b)	(Certifications	required),	subject	to	certain	conditions	and limitations,	is	warranted	and	will	meet	the	requirements	for	an	equivalent	level	of safety	under	14	CFR	part	11	and	Section	333	of	P.L.	112

- 95	(Section	333).

I	also	request	an	exemption	from	§	45.23 Marking	of	the	aircraft because	the PHANTOM	UA	does	not	have	a	cabin,	cockpit	or	pilot	station	upon	which	to	place	the markings.	Two

- inch	lettering	is	difficult	to	place	on	such	a	small	aircraft	with

dimensions	smal ler	than	the	minimal	lettering	requirement.

I	also	request	an	exemption	from	§§	91.405(a),	91.407(a)(1),	91.409(a)(2)	and 91.417(a)	and	(b) Maintenance	inspections. As	a	safety	precaution	I	will	perform	a preflight	inspection	of	the	PHANTOM	UAS	before	e ach	flight	as	outlined	in	the operations	manual.

UAS	Pilot	in	Command	(PIC) Under	§	61.113	(a)	and	(b)	private	pilots	are	limited	to	non

- commercial	operations, however	the	UAS	does	not	carry	any	pilots	or	passengers	and	so	poses	very	little risk	to	pers ons	or	property.	The	risks	of	operating	a	UAS	are	far	less	than	the	risk levels	inherent	in	the	commercial	activities	outlined	in	14	CFR	part	61,	et	seq.

While	I	have	no	formal	UAS	operational	training,	I	have	flown	numerous	practice flights	as	a	hobbyis t.	I	have	often	practiced	flights	similar	to	the	ones	I	will	be performing	for	Outdoor	Nevada.		I	am	familiar	with	the	UAS’	performance	under different	altitudes,	temperatures	and	weather	conditions.

Also,	as	part	of	my	training	I	have	spent	several	hour s	practicing	computerized simulated	flights	(which	came	with	and	were	designed	as	training	aids	for	the PHANTOM	UAS)	to	maintain	adequate	skills	and	response	reflex	time.

I	will	abide	by	the	following	additional	operating	conditions:	I	will	operate	the	U AS

below	400	feet	AGL	and	within	a	radius	distance	of	1000	feet	from	the	controller	to both	aid	in	direct	line	of	sight	visual	observation.

I	will	operate	the	UAS	for	no	more	than	15	minutes	per	flight.		This	leaves	a	safety

window	of	at	least	5	minutes (25%)	before	battery	power	begins	to	get	low.

I	will	only	operate	the	UAS	only	within	visual	line	of	sight	(VLOS).	Included	in	the operational	software	of	the	UAS	is	a	global	positioning	system	(GPS)	flight	safety feature	whereby	it	returns	to	the	point of	take	off,	hovers,	and	then	slowly	lands	if

communication	with	the	remote	control	is	lost.

I	will	conduct	all	operations	under	strict	flight	safety	protocols	(including	posting	a warning	sign	reading:	“Attention	Aerial	Photography	in	Progress

– Remain	B ack	150feet”)	contained	in	the	operating	documents	and	I	will	actively	analyze	flight	data

and	other	sources	of	information	to	constantly	update	and	enhance	my	safety protocols.

I	will	contact	respective	airports	if	operations	will	be	within	5	miles	to	a dvise	them of	his	estimated	flight	time,	flight	duration,	elevation	of	flight	and	other	pertinent information.		I	will	always	obtain	all	necessary	permissions	prior	to	operation;	and	I will	have	procedures	in	place	to	abort	flights	in	the	event	of	safety	b reaches	or potential	danger.		The UAS has	a	“return	to	home”	button	that	will	automatically	fly

the UAS back	to	its	point	of	take	off.		If	the	pilot	were	to	become	in	any	way	disabled

the UAS will	return	autonomously

While	§	91.7(a)	prohibits	the	operati on	of	an	aircraft	without	an	airworthiness certificate	there	is	currently	no	certificate	applicable	to	this	type	of	operation. Regulation	§	91.9(b)(2)	requires	an	aircraft	flight	manual	in	the	aircraft,	however since	there	are	no	pilots	or	passengers	on	bo ard	this	aircraft	and	given	its	size,	this regulation	is	inapplicable.	I	will	have	a	safety/flight	manual	with	the	UAS	ground

station.

§	91.119	prescribes	safe	altitudes	for	the	operation	of	civil	aircraft,	but	it	allows helicopters	to	be	operated	at	low er	altitudes	in	certain	conditions.	I	will	not	operate the	UAS	above	the	altitude	of	400	feet	above	ground	level	(AGL)	and	I	will	also	only operate	in	safe	areas	away	from	the	public	and	traffic.		I	believe	the	small	size,	low weight,	maneuverability,	and low	speed	of	the	UAS,	will	proffer	an	equivalent	or higher	level	of	safety.

§	91.121 Altimeter	settings is	inapplicable.	The UAS utilizes	electronic	GPS	with	a

barometric	sensor.

Regulation	§	91.151(a) Fuel	requirements	for	flight	in	VFR	conditions is	not	relevant as	there	are	no	passengers	or	fuel	involved	in	flying	the UAS

.

Aerial	videography	has	long	been	available	using	more	traditional	aircraft	but	a show	of	the	size	and	budget	of		“Outdoor	Nevada”	could	not	afford	such	a	luxury.

The UAS al lows	us	to	highlight	the	beauty	and	geography	of	some	of	Nevada’s remote	regions.

Granting	this	exemption	will	allow	our	small	Public	Television	program	to	provide our	viewers	scenic	overviews	and	geographic	orientation	of	many	beautiful	sights.

Our	sho w	is	committed	to	ecological	conservation	and	we	believe	that	the knowledge	of	the	beauty	of	nature	will	motivate	people	to	care	for	the	land.