### May 19, 2015

Exemption No. 11622 Regulatory Docket No. FAA

–20 15

–0541

Ms. Anastasia Durden All Aerial Photography 948 Oakpoint Circle Apopka, FL 32712

Dear Ms. Durden :

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 February 21, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of All Aerial Photography (hereinafter petitioner or operator) for an exemption

. The exemption would all ow the petitioner to operate an unmanned aircraft system (UAS) to conduct aerial videography and cinematography to enhance academic community awareness and to augment real estate listing videos

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

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

.
Airworthiness Certification

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

.

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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 collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA

−20 14

−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. (see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 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, All Aerial Photography 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, All Aerial Photography is hereafter referred to as the operator.

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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+ 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 s ight (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, 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

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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 th at 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 revi ew 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 logge d in a manner consistent with

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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 symbo l as denoted on the current FAA

-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre

- determined location within the private or controlled

- access property.

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

20. The PIC is prohibited 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 5 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.

### 6

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, ve ssels, 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

. 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.

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

/s/ John S. Duncan Director, Flight Standards Service

### ALL AERIAL PHOTOGRAPHY 948 Oakpoint Circle. Apopka, FL 32712 adm·den(a super-bar.com Phone (407) 880-1402 Fax (407) 880-6099 Mobile (407) 467-1039
February 21 , 2015

U

. S. Dept. of Transportation , Docket Operations West Building Ground Floor , Room Wl2-140 1200 New Jersey Avenue, SE VIA ELECTRONICALLY Washington , DC 20590 VIA

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11 , All Aerial Photography (CAV) seeks an exemption from Federal Aviation Regulations ( " FARs " ) detailed below for the following described Unmanned Aerial System called in this application the CAV System , which includes an Phantom 2 Vision+ , quadcopter Unmanned Aircraft (UAS) and ground station-based equipment and crew:

THE PHANTOM 2 VISION+ UNMANNED AIRCRAFT (UA):

• A lightweight (maximum gross weight of3 pounds) , electric motors powered by batteries

and operated with four rotors in the form of a quad-copter that takes off and lands vertically , manufactured by DJI , PHANTOM 2 VISION+ , 3-axel camera stabilization system ;
• An on-board flight computer with GPS navigation and location ability that receives

signals for flight controls from a ground-based transmitter /controller ; • An Go Pro 3 + camera capable of capturing imagery in the form of full color , high

definition still photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer

to the on-board radio transmitter including altitude AGL , horizontal and vertical speed, compass direction of flight and direction back to its launch site ;
• A 5.8GHz on-board radio transmitter that transmits live video from the on-board camera

plus all the flight data from the telemetry system described above ; Frequency 2462MHz

THE GROUND STATION-BASED PART OF THE SYSTEM :
• A Pilot in Command (PIC) in operational control of a flight operation from beginning to

end and who controls the UA while in the air;

• A lOOmW , 2.4GHz radio transmitter/controller operated by the PIC to control the UA

while in flight;

• A radio receiver receiving live video and flight data from the on-board camera and

computer projects it all together onto a screen for the PIC to view during flight ;
• A Visual Observer (VO) is a person who provides a second pair of eyes to visually track

the UA while in flight.

The requested exemption would support an application for a commercial Certificate of

Page 1 of 3Authorization to use the above described CAV System to conduct aerial videography and cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the metro Orlando, Florida and surrounding area and augment real estate listing videos.

The UA, powered by batteries, is smaller, lighter, requires no fuel, and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people

on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum 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 photos and video from several angles are far more effective than groundbased imagery for displaying the characteristics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 2-seat full-sized helicopters for this purpose, which has proven more costly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the UA will be valuable to and benefit many buyers and sellers of real property.
Additionally, we request that we be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as we do so.

The CAV System will be operated in the field with both a PIC and aVO in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions:

(a) No flight will be made with a UA Gross weight exceeding 55 pounds; (b) All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at
an airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation; (d) Operations will be restricted to flights over private property with the permission ofthe property owner; (e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA type; (f) All required permits will be obtained from state and local government prior to operation; (g) The CAV System will not be operated over densely populated areas; (h) The CAV System will not be operated at air shows; (i) The CAV System will not be operated over any open-air assembly ofpeople; 

## G) The CAV System will not be operated over heavily trafficked roads; (k) The CAV System will not be operated within 5 NM of an airport or heliport; (1) The CAV System will not be operated over properties smaller than two acres in size; (m) Operations will be restricted to day only and weather conditions equivalent to VFR; (n) The PIC will brief the VO and property owner about the operation and risk before the first flight at each new location; (o) No flight may be made without a Pre-Flight Inspection by the PIC before each operation
Page 2 of 3to ascertain that the UA is in a condition safe for flight (see Appendix A).

The PIC and YO will meet the requirements outlined in FAA Polic y N 8900

. 227 Section 16 personnel Qualifications. Additionall y, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part of their initial training.

We submit that the combination of the UA's light weight , flight performance and ability , full y qualified flight crew and strict operation under the guidelines established in 8900.227 , and under all of the Restrictions (a) through (o) listed above , the FAA can have full confidence that the operation will have an equi v alent or greater le v el of safety than manned aircraft performing the same mission

.
The name and contact information of the applicant are :

All Aerial Photography , LLC Attn : Anastasia Durden Phone: ( 407) 880-1402 Fax: (407)880-6099 Email: adurden @ super

-bar.coll}

The Title 14 Code of Federal Regulations from which the exemptions are requested and listed below

. Beside each regulation number is the page of the attached Addendum upon which each may be found together with our proposed equi v alent le v el of safety for each regulation :

- 14 CFR Part 21

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

- 14 CFR 45.23(b)

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

- 14 CFR 61.113(a); 61.113(b) ;

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

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

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

- 14 CFR 91.109 ; 91.119 ; 91.12l..

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

- 14 CFR 91.151 ( a); 91.203(a) & (b)

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

- 14 CFR Subpart E (91.405(a) ; 91.407(a)(l)

.... .. Addendum Page 4

- 14 CFR Subpart E (91.409 ( a)(2) ; 91.417(a) & (b)) Addendum Page 4 -FAA Policy 8900

. 227 Paragraph 16 (c) (4 ) and Paragraph 16(e)(l)

. . .Addendum Page 4

We are prepared to modify or amend any part of this request to sati s fy the need for an equi v alent level of safety. Please contact us at any time if y ou require additional information

or clarification. We look forward to working with y our office.
Sincerely ,

stasia Durden All Aerial Photography

Addendum containing Exemption Requests and Equivalent Le v el of Safety Appendix A - Flight Manual Appendix B- Owner ' s Manual for Phantom 2 Vision+ (U A ) Page 3 of 3ADDENDUM

EXEMPTION REQUESTS AND EQUivALENT LEYEL OF SAFETY

All Aerial Photography, requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the CA V System:

14 CFR Part 21, Subpart H: Airworthiness Certificates 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment,
new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.

Section 45.23(b) prescribes that when marks include only 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 the 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.

Section 61.113(a) and (b) prescribes that-
(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; nor may that person, for compensation or hire, act as pilot in command of an aircraft.
(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:
(1) The flight is only incidental to that business or employment; and
(2) The aircraft does not carry passengers or property for compensation or hire.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is inan airworthy condition.

Section 91.7 (b) prescribes that the pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when unairworthy mechanical, electrical, or structural conditionsoccur.

Section 91.9(b)(2) prohibits operation ofU.S.-registered civil aircraft unless there is available in
Addendum Page 4 of 10the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Section 91.1 03 (b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports of intended use, and takeoff and landing distance information.

Section 91.1 09( a) prescribes, in pertinent part, that no person may operate a civil aircraft (except

a manned free balloon) that is being used for flight instruction unless that aircrafthas fully functioning dual controls.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no personmay operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface-
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and
(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set available within 100 NM of the aircraft "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure."

Section 91.151 (a) prescribes that no person may begin 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 [emphasis added].

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraftunless it has within it (1) an appropriate and current airworthiness certificate; and (2) aneffective U.S. registration certificate issued to its owner or, for operation within the United States, the
Addendum Page 5 of 10second copy of the Aircraft registration Application as provided for in § 4 7.31 (c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers orcrew.

At a maximum gross weight of 5.3 pounds, the UA is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground control station and available for inspection upon request.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall havethat aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired

as prescribed in part 43 of the chapter.

Section 91.407(a)(l) prohibits, in pertinent part, any person from operating an aircraft thathas undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under§ 43.7 of the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that-
(a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:
(1) Records ofthe maintenance, preventive maintenance, and alteration and records of the 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) andeach engine, propeller, rotor, and appliance of an aircraft. The records must include-
(i) A description (or reference to data acceptable to the Administrator) of the work performed; and
(ii) The date of completion of the work performed; and
(iii) The signature, and certificate number of the person approving the aircraft for return to service.
(2) Records containing the following information:
(i) The total time in service of the airframe, each engine, each

Addendum Page 6 of 10propeller, and each rotor.
(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.
(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.
(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.
(vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter foreach major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the periods prescribed:
(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.
(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
Concluding, the Phantom 2 Vision+ aircraft (UA) will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's lightweight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the

same missiOn.

If an airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety.

The UA is battery operated and the maximum duration of flight from a single battery charge is 25 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the Addendum Page 7 of 10point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for

an equivalent interpretation with the word "energy".

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." As provided in the Pre- Flight Checklist in Appendix A, the PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight.

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level of safety.

The UA maximum gross weight is 3.0 pounds and the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and land without crew intervention.

Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden.

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above takeoff point is transmitted via radio from UA on-board computer to display screen held by the PIC, providing a constant updated AGL readout.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to operate a much larger vehicle.

UAS Operating Parameters
The petitioner states that he will abide by the following additional operating conditions under this exemption:

• operate his UAS below 300 feet and within a radius distance of 1000 feet from the controller to both aid in direct line of sight visual observation; 1

• operate the UAS for 15 minutes per flight;

• land his UAS prior to the manufacturer's recommended minimum level ofbattery power;
• operate his UAS only within visual line of sight (VLOS);

• use the UAS' global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost;

• conduct all operations under his own personal and flight safety protocols (including posting a warning sign reading: "Attention Aerial Photography in Progress- Remain

Addendum Page 8 of 10

---------------------- --·-
------------Back 150 feet") contained in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance his safety protocols;

• contact respective airports if operations will be within 5 miles to advise them ofhis estimated flight time, flight duration, elevation of flight and other pertinent information;

• always obtain all necessary permissions prior to operation; and

• have procedures in place to abort flights in the event of safety breaches or potential danger.

Addendum Page 9 of 10APPENDIX A- FLIGHT MANUAL

FLIGHT RESTRICTIONS

(a) No flight will be made with a UA Gross weight exceeding 55 pounds; (b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate verbally at all times during a flight operation; (d) Operations will be restricted to flights over private property with the permission ofthe property owner; (e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA type; (f) All required permits will be obtained from state and local government prior to operation; (g) The CA V System will not be operated over densely populated areas; (h) The CAV System will not be operated at air shows; (i) The CA V System will not be operated over any open-air assembly ofpeople; 

### G) The CA V System will not be operated over heavily trafficked roads; (k) The CA V System will not be operated within 5 NM of an airport or heliport; (1) The CAV System will not be operated over properties smaller than two acres in size; (m) Operations will be restricted to day only and weather conditions equivalent to VFR; (n) The PIC will brief the VO and property owner about the operation and risk before the first flight at each new location; (o) No flight may be made without a successful Pre-Flight Inspection by the PIC before each operation to ascertain that the UA is in a condition safe for flight.

PRE-FLIGHT CHECKLIST (1) Use voltmeter to determine that UA battery is fully charged in order to prevent unexpected premature descent; (2) Check all wiring connections are tight; (3) Check all propellers are undamaged and no cracks exist in any structural members ofthe UA; (5) Turn on radio controller, check for adequate voltage, set it to connect to the UA, move all control switches to forward or down position and throttle control stick full back position; (6) Connect UA main battery, check for radio contact with UA's radio receiver; (7) At a location different from previous flight, re-set GPS and compass to current location; (8) Tum on transmitter, gimbal and camera.

TO REGAIN CONTROL AFTER LOST RADIO CONTACT



### 1. 

### Failsafe = ON If radio contact is not restored, the UA 

### 2. Throttle 

## = 50°/o will automatically continue at 60ft. 

### 3. Mode = 

### ATTl above its last elevation before losing 

### 4. Failsafe= OFF Mode= G contact toward its takeoff point, then descend and land there autonomously

Addendum Page 10 of 10