July 28, 2015

Exemption No. 12206

Regulatory Docket No. FAA–2015–0838

Mr. Gordon D. Lytle

Owner

Aerialnomics, LLC

123 Dixie Road

Urbana, MO 65767

Dear Mr. Lytle:

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 March 24, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Aerialnomics, LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography, videography, and UAS training1.

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.

 

1 The petitioner also requested authority to conduct UAS training. At this time, the FAA is unable to authorize 

UAS operations for training until a further assessment is completed. When the FAA completes its review, we 

will proceed accordingly and no further action will be required by the petitioner. However, the petitioner is 

permitted to train its own pilot in commands and visual observers in accordance with condition no. 14 and the 

other conditions and limitations in this exemption.
2

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+ and Tarot 680pro.

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 

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 collection2. 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.

 

2 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

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, Aerialnomics, 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.

Conditions and Limitations

In this grant of exemption, Aerialnomics, 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 DJI Phantom 2 

Vision+ and Tarot 680pro 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 
4

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, 

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.
5

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.

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.
6

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.

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. 
7

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.

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 July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
March 24, 2015 

U.S. Department ofT ransportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, Aerialnomics, operator of an Unmanned Aircraft System (UA V), hereby applies for an 

exemption from the listed Federal Aviation Regulations to allow commercial operation of its UAV, so 

long as such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

Commercial operation of an UAV, as described herein, which are equipped with camera(s) and sensors, would 

operate in the following manner: 

• Aerial photography and/or video for public and/or private use including real estate, architecture, agriculture 

land surveying, engineering and other related professional activities. 

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

cinematography and news gathering. 

• Aerial inspection/photography of residential/commercial structures under contract with the owners 

or local government authority. 

• 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. This would be a free service. 

• The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAV for the purpose of the safe 

operation of a UAV to enhance the safety of the National Airspace System as well as for the 

protection of the persons and property. 
As described fully below, the requested exemption would permit the operation of a UAV under controlled 

conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety 

enhancements to the already safe operations in the industry presently using conventional aircraft. Approval 

of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's 

responsibilities to establish requirements for the safe operation of such aircraft systemsin the national airspace 

system. 

The name and address of the applicant is: 

Aerialnomics 

Attn: Gordon D. Lytle, Owner/Operator 

Ph: 417-988-2955 

Email: aerialnomics@gmail.com 

Address: 123 Dixie Rd, Urbana, Missouri, 65767 

Aerialnomics, will operate the DJI Phantom 2 Vision Plus, with a total weight of 1242g or 2.731bs. 

The dimensions are 350mm x 350mm or 13.77inch x 13.77inch. Maximum speed is no more than 15m/s or 33.5mph 

with a max cruising speed of 8m/s or 18mph. The DJI Phantom 2 Vision Plus has the ability to hover and move along 

a vertical and horizontal plane simultaneously. The DJI Phantom 2 Vision Plus has four motors, Motor Model DJI 

2312, powered by 1 5700mAh Lithium Polymer battery. 

There are four propellers, Propeller Model DJI E300, in use. The DJI Phantom 2 Vision will be controlled with the C1 

remote controller with an operating frequency of 5.728GHz- 5.850GHz. The live video feed will have an 

operating frequency of 2.412-2.462MHz. 

Aerialnomics will operate the Tarot 680pro, with a total weight of 2.8kg or 6.171bs. 

The dimensions are 690mm in width or 27.16 inch x 27.16 inch. Maximum speed is no more than 15m/s or 33.5mph 

with a max cruising speed of 8m/s or 18mph. The Tarot 680pro has the ability to hover and move along a vertical and 

horizontal plane simultaneously. The Tarot 680pro has six motors, Motor Model Tarot 4006, powered by 2 4000mAh 

Lithium Polymer batteries. 

There are six propellers, Propeller Model Storm 1355 Carbon Fiber, in use. The Tarot 680pro will be controlled with a 

Spektrum DX8 remote controller with an operating frequency of 2.412-2.462MHz. The live video feed will have an 

operating frequency of 5.728GHz- 5.850GHz. 

The applicant will operate the UAV in line of sight within a closed off and predetermined area owned and/operated by 

the property representative. 

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

to the Reform Act's safety requirements. The approval of this application 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 requested exemption is in the 

public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay. 
AIRCRAFT AND SAFETY 

• The UAVs will weigh less than 55 1bs. 

• The UAV,s will have a maximum operating speed of no more than 33.5mph and 

flights will be operated within line of sight of the Pilot in Command and/or Visual Observer. 

• Maximum flight time for each operational flight will be 20- 25 minutes. Flights will be terminated at 

20% battery power reserve or 20-25 minutes of flight time whichever occurs first. 

• Flights will be operated at an altitude of no more than 300 feet Above Ground Level 

• Minimum crew for each operation will consist of the UAV Pilot, and a, Visual Observer. 

• The UAV pilot will be the designated Pilot in Command. 

• A briefing and pre-flight check will be performed regarding the planned UAVoperations prior to each fl ight. 

• All flights will occur under Visual Flight Rules based upon meteorological conditions at the time. No flight will 

be approved if wind conditions exceed 1 Omph. 

• The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point 

of a tower controlled or uncontrolled airport. 

• If operations will be within a 5 mile radius of a Airport Reference Point of 

a tower controlled or uncontrolled airport the respective airports will be contacted advising them of 

the estimated flight time, flight duration, elevation of flight and other pertinent information. 

• The operator will obtain verbal/written consent of all persons involved with the planned operation 

• The Pilot in Command and the Visual Observer will have been trained in operation of UAS and receive upto-date information for the particular UAS to be operated. 

• The Pilot in Command and the Visual Observer will be able to communicate by voice, radio, and/or text at all 

times. 

• 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 applicable. 

• If the UAV loses communications with the remote controller or loses GPS signal, the UAV will have 

the capability to return to a pre-determined location within a designated location and land autonomously. 

• The UAV will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies. 
Additional Information 

I Gordon D. LyUe, have been in operation of non-commercial UAV's for 6 years. I have complete understanding of the 

capabilities of UAV's and the safety concerns involved with the operation of a UAV. I have consulted and received 

liability insurance through Transport Risk Management and I am a current member of AMA, Academy of Model 

Aeronautics. I have researched and studied the following FAA regulations and feel that Aerialnomics meets or 

exceeds the requirements and therefore request exemptions from the following rules: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14CFR 61 .113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91 .1 03 

14 CFR 91 .109 

14CFR91.119 (c) 

14CFR91.121 

14 CFR 91 .151 (a) 

14 CFR 91 .203 (a) & (b) 

14 CFR 91.405 (a) 

14CFR 91 .407 (a) (1) 

14 CFR 91 .409 (a) (2) 

14 CFR 91 .417 (a) & (b) 

Thank you for your consideration and we look forward to hearing from you soon, 

Aerialnomics, LLC 

0~ 123 Dixie Rd. 

Urbana, Missouri 65767 

41 7-988-2955 

417-890-5134 

aerialnomics@gmail.com