### UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, WASHINGTON, DC Regulatory DocketNo.

____ _ IN THE MATTER OF THE PETITION FOREXEMPTION OF: ABSOLUTE MARKETING GROUP, LLC FORAN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS, SECTIONS 61.113(A), 91.7(A), 91.119(C), 91.121, 91.151(A)(1), 91.405(A), 91.407(A)(1), 91.409(A)(1) & 

### (A)(2), AND 91.417(A) & 

### (B) CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATIONAND REFORM ACT OF 2012 (PUBLIC LAW 112-95), SUBMITTED ON

____ _

__ ,2015

PATRICK T. DIXON DANIELSON LEGAL, LLC 503 7TH STREETNORTH, SUITE 107IDENTIFICATION OF PETITIONERAND NATURE OF EXEMPTION REQUESTED 1) Name and Address OfThe Petitioner: MacDalton Berns Absolute Marketing Group, LLC 222 Broadway Fargo, ND 58102 2) Name and Address OfThe Contact Person for this Application is: Patrick Dixon Danielson Legal, LLC 503 

### 7'h StreetNorth, Suite 107 Fargo, ND 58102 3) A BriefDescription OfTheNature OfThe Exemption Absolute: This exemption will permit Absolute Marketing Group, LLC ("Absolute") to commercially operate an Unmanned Aircraft System ("UAS") for the purpose of conducting aerial video and photography overcertain areas ofthe United States as well as closed set filming ofmotion pictures, music videos, web videos, corporate videos, television programs and commercials. 

### BASIS FOR

### PETITION
Absolute submits this petition to the Administrator to commercially operate the UAS described on Exhibit A (the "Aircraft") in the National Airspace System ("NAS"). This Petition is made pursuantto the FAA Modernization and Reform Act of2012 ("FMRA") Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. Absolute specifically requests, pursuant to the provisions ofthe Federal Aviation Regulations (14 CFR 

### § 11.61) and the FAA Modernization and Reform Act of 2012(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, an exemption from the following CFRrequirements:
1. 14 CFR § 61.113(a). Absolute requests relieffrom Section 61.113(a) to the extent necessary to allow a Pilot In Control ("PIC") to conductthe proposed UAS flight operations for compensation orhire provided thatthe PIC holds a private pilot or higher level certificate. 2. 14 CFR § 91. 7(a). Absolute seeks relieffrom Section 91.7(a), entitled Civil Aircraft Airworthiness, because the Aircraft does not require anairworthiness certificate. As such, Absolute submits that it will ensure that the Aircraft is in an airworthy condition, priorto every flight, by determining thatthe UAS are in compliance with the operating documents and thatthe aircraft is in a condition for safe flight.3. 14 CFR § 91.119( c). Absolute seeks relieffrom Section 91.119(c), entitled Minimum Safe Altitudes: General, and submits that safety will not be affected because Petitioner'sUAS closed set filming operations will be a controlled environment in which only participating persons will be permitted entry and the UAS will remain within the visual line ofsite ofthe PIC and VO, below400 feet AGL, and at speeds below 50 knots. 4. 14 CFR § 91.121. Absolute seeks an exemption from the requirements ofSection 91.121, entitled Altimeter Settings, as the Aircraft will not have a typical barometric altimeteron board, but altitude information ofthe Aircraft altitude will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications, when combined withthe operation ofthe Aircraft withinvisual line ofsight, at orbelow400 feet AGL, will ensure a level ofsafety equivalentto that required under Section 91.121. 5. 14 CFR § 91.151 (a)(1). Absolute seeks an exemption from the requirements of Section 91.151(a)(1) and submits that safety will not be affected by operation of the Aircraft during daylight hours in visual meteorological conditions undervisual flight rules. Absolute does notintend to operate point-to-point flight as they are limited to a predefined areawithin visual line ofsight ofthe PIC and will not require and airport for operations. Absolute further requests thatthe Aircrafts be allowed to operate without airworthiness certification and to be exempt from obtaining airworthiness certificates because the Aircraft's speed, weight, size, and limited operating area associated with the Aircrafts and their operation do not create a hazard to users ofthe NAS orthe public, orotherwise pose a threat to national security. Presuming Absolute receives relieffrom the airworthiness certificate requirements, Absolute further requests relieffrom the following sections which apply to aircraft with an airworthiness certificate: C.F.R 

### § 91.405(a), C.F.R 

### § 91.407(a)(l), C.F.R 

### §91.409(a)(1), C.F.R 

### §91.409(a)(2), C.F.R 

### §91.417(a) and C.F.R § 91.417 (b). 

### DETAILED ANALYSIS OF THE SPECIFIC SECTIONSFROM WHICH ABSOLUTE REQUESTSEXEMPTIONS.
In Support ofthis Petition, Absolute herein specifically describes the Regulations from which an exemption has been requested, the extent ofthe requested exemptions, and the reasons why the requested exemptions will not adversely affect safety: 

### 1. Section 61.113(a). Section 61.113, entitled Private Pilot Privileges and Limitations, states the following: Pilot in command, subsection (a) prescribes thefollowing, in relevant part:

### (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation orhire, act as PIC ofan aircraft. Absolute requests relieffrom Section 61.113(a) to the extent necessary to allow a PIC to conduct the proposed UAS flight operations for compensation or hire provided that the PIC holds a private pilot orhigher level certificate. Absolute submits that all flights ofthe Aircraft, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to Absolute business; and (2) will not carry passengers or property for compensation or hire. The FAAhaspreviously granted relieffrom Section 61.113(a) specific to UAS in similar circumstances to those presented herein in, by way ofexample only, Exemption Notices 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 1136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161. 2. Absolute Seeks Exemption From TheRequirements OfSection 91.7(a) Section 91.7, entitled Civil Aircraft Airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. Absolute requests relieffrom Section 91.7(a) so that Absolute may determine whether the Aircraft is airworthy priorto flight through its compliance with the operating documents (i.e., Monthly Maintenance Log, and Aircraft Instruction Manual) priorto every flight.
Because Absolute will ensure thatthe Aircraft is in an airworthy conditionpriorto every flight, the equivalent level ofsafety established by Section 91.7(a) will be maintained. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specific to UAS, 

### in circumstances similar to those presentedherein in many Exemption Notices including, but not limited to, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,11112,11136,11138,11150,11153,11156,11157,11158,11159,11160,11161. 3. Absolute Seeks Exemption From TheRequirements ofSection 91.119(c). Section 91.119, entitled Minimum Safe Altitudes: General, states the following, in part: (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. Because the altitude restrictions ofSection 91.119(c) would severely constrain the motion picture and television filming operations thatAbsolute intends to conductpursuant to this Petition, Absolute requests relieffrom 91.119(c) to the extent necessary to allow the Petitioner's UAS to operate inside a closed-set environmentthat only participating

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### persons, vehicles and structures will be permitted. While in the closed-set, the UAS shall operate within VLOS ofthe PIC and VO, below400 feet AGL, and at speeds below 50 knots consistent withthe relieftypically provided to manned operations under FAA Order 8900.1, Volume 3, Chapter 8, Section 1. The equivalent level ofsafety established by Section 91.119(c) will be maintained because Petitioner's UAS operations will be conducted pursuantto the Motion Picture and Television Operations Manual, attached as Exhibit C. 

### 4. Absolute Seeks Exemption From TheRequirements OfSection 91.121. Section 91.121, entitled Altimeter Settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating- (I) Below 18,000 feet MSL, to- (i) The current reported altimeter setting ofa station along the route and within 1 00 nautical miles ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case ofan aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. Absolute seeks the Relieffrom section 91.121 to the extent necessary to comply with the ann1icah1e conditions and limitations hecause the Aircraft utilizes GPS eouinmentaltitude 

### ·reporiirig:·and radio·communications-to provide altitude intoimatiorifrom the Aircraftto the PIC atthe ground control stationratherthan the local barometric pressure orfield altitude. The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe Aircraftwill be provided to the PIC via GPS equipment and radio communications for active monitoring ofthe flight path and altitude. This altitude information, combined withAbsolute's operation ofthe Aircraft within visual line ofsight, at or below 400 feet AGL, will ensure a level ofsafety equivalent to that required under Section 91.121. The FAA haspreviously granted relieffrom Section 91.121 specific to UAS in similar circumstances in ExemptionNotices 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150,11153,11156,11157,11158,11159,11160 and 11161. 

### 5. Absolute Seeks Exemption From The Requirements OfSection 91.151(a)(1).

### Section 91.151, entitled Fuel Requirements For Flight in VFR Conditions, subsection (a), statesthe following: (a) 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 ofintended landing and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least 30 minutes Because Section 91.151 (a) (1) would severely constrain the practicality ofthe aerial video and still photo flight operations that Absolute intends to conductpursuantto this Petition, Absolute requests reliefto allow flights ofthe battery powered Aircraft during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR) for a total duration ofto the first point ofintended landing and, assuming normal cruising speed, to fly for at least 5 minutes or with the reserve powerrecommended by the manufacturer ifgreater

.. The FAA has previously granted relieffrom Section 91.151 specific to UAS in circumstances similar to those presented herein in many ExemptionNotices, including 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,11136,11138,11150,11153,11156,11157,11158,11159, 11160,and 11161. 6. Absolute Seeks Exemptions From Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2) and 91.417(a) & 

### (b) BecauseTheAircraftMeets The Conditions OfFMRA Section 333 RelatingToAirworthiness certificates Section 333 grants authority to operate a UAS without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, orotherwise pose a threatto national security, stating, inpart: (a) In General. 

### Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 ofthis Act. (b)Assessmentof UnmannedAircraftSystems. 

### In making the determination under subsection (a), the Secretary shall determine, at a nunimum- (1) which types of unmanned aircraft systems, if any, as a result oftheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users ofthe national airspace system orthe public orpose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is required for the operation ofunmanned aircraft systems identified underparagraph(1 ).

### (c) 

### Requirementsfor Safe Operation. If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft systems in the national airspace system. Absolute requests that the Aircraft not be required to have an airworthiness certificate in consideration ofthe size, weight, speed, and limited operating area associated with the Aircraft and the Aircraft's operation. In seeking this exemption, Absolute submits that the Aircraft can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by the characteristics ofthe Aircraft, the pilot certification requirement and the specific operating limitations. In seeking this exemption, Absolute proposes to commercially operate Aircraft for the special purpose ofconducting aerial video andphotography over certain areas ofUnited States, pursuantto the following specific operating limitations described onExhibit B. An equivalent level ofsafety will be ensuredbecause Absolute will use experiencedpersonnel ortechnicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents. Furthermore, Absolute will document and maintain all maintenance records for the Aircraft. Because, the Aircraft meets the conditions ofFMRA Section 333 for operation without an airworthiness certificate, Absolute requests relieffrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), and 91.417(a) & 

### (b) because they only apply to aircraft with an airworthiness certificate. The Requirement OfSection 91.405(a) 

### Section 91.405 subsection (a), entitledMaintenance Required, states the following: Each owneroroperator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.] The Requirements OfSection 91.407(a)(l) 

### Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, oralteration, subsection (a)(l), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless (1) It 

### has been approved for return to service by a person authorized under § 4 3. 7 ofthis chapter[.] The Requirements OfSections 91.409(a)(l) and 91.409(a)(2) 

### Section 91.409, entitled Inspections, subsection (a), states the following:

### (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, withinthe preceding I2 calendar months, it has had- (I) An 

### annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by§ 43. 7 ofthis chapter; or (2) An 

### inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis chapter. TheRequirements OfSections 91.417(a) And 91.417(b). Section 9I.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) ofthis section: (I) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include: (i) A description (or reference to data acceptable to the Administrator) ofthe work performed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, 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 ofapplicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by§ 43.9(d) of this chapter for each 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) 

### ofthis section shall be retained until the work is repeated or superseded by other work or for 1 year after the work performed.(2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft atthetime the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under§ 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. Accordingly, Absolute will use trained technicians to perform maintenance, alterations, orpreventive maintenance on the UASs using the methods, techniques, andpractices prescribed in the UAS operating documents. Furthermore, Absolute will document and maintain all maintenance records for the Aircraft.
In seeking this exemption, Absolute submits that the equivalent level ofsafety with regard to the regulatory maintenance and alterationrequirements established by Sections 91.405(a), 91.407(a)(l ), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be metbecause Absolute will use trained technicians to perform maintenance, alterations, orpreventive maintenance on the UASs using the methods, techniques, and practicesprescribed inthe operating documents. Furthermore, Absolute will document and maintain all maintenance records for the Aircraft. Since the Aircraft will be inspected as prescribed by the operating documents, Absolute will maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Absolute will perform maintenance, alterations orpreventive maintenance on the Aircraft using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe Aircraft will be performed by trained technicians. Maintenance will be documented and maintained utilizing a monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. In consideration of Absolute proposed operating limitations, the operating documents, andthe technical aspects ofthe Aircraft, Absolute submits that safety will notbe adversely affected by granting exemption from Sections 91.405(a), 91.407(a)(l) and (a)(2), 91.409(a)(2), and 91.417(a) and (b).
TheFAAhas previously granted reliefspecific to UAS in similarcircumstances in, for example, ExemptionNotices 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,11112,11136,11138,11150, 11153,11156,11157,11158,11159,11160and 11161.
SPECIAL CONDITIONS In accordance with FMRA Section 333 and 14 CFR § 21.16 entitled Special Conditions, Absolute requests that the FAAprescribe special conditions for the intended operation of the Aircraft which contain such safety standards thatthe Administratorfinds necessary to establish a level ofsafety equivalentto that established by 14 CFRPart21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.119(c), 91.121,91.151 (b), 91.405(a),91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) ifthe airworthiness regulations do notcontain adequate orappropriate safety standards due to the novel orunusual design features ofthe aircraft.



### HOW GRANTING THE EXEMPTION REQUEST IS IN THE PUBLIC'S BEST INTERESTS Granting the present Petition will further the public interest by allowing Absolute to safely, efficiently, and economically perform aerial video and photography over certain areas ofthe United States for commercial purposes while also decreasing congestion of the NAS, reducing pollution, and providing significant benefits to the economy. Notably, the benefits ofAbsolute proposed operation ofthe Aircraft will be realized without implicating any privacy issues. 1. The Public Will BenefitFrom DecreasedCongestion Of The NAS. The Aircrafts are a safe, efficient, and economical alternatives to the manned aircraft traditionally utilized to obtain aerial imagery. The use ofthe Aircraftwill reduce the amount ofmanned aircraft performing aerial acquisitions inthe NAS which will result in: 1) reducing noise and airpollution; 2) increased safety both in the air and on the ground; 3) decreased congestion around airports created by caused by the manned aircraft's arrivals and departures. 2. The Public Will ReduceNoise andAirPollution. Becausethe Aircraft use battery power and electric motors that produce no airpollution, the Aircraft will reduce the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations comparedto the manned aircraft currently used for most aerial video and photography. 3. The Public Will BenefitFrom The SafetyAndEfficiency OfTheAircraft. The use ofthe Aircraft will significantly reduce the risk to life andproperty inthe air and onthe ground associated with traditional manned aircrafts because the Aircraft's crewremains onthe ground and the maximum weight ofthe Aircraft is significantly less than traditional manned aircraft. 

### 4. PerformingAerial Video andPhotography Operations With The Aircraft Will Benefit The Economy. The operation ofthe Aircraftwill allow companies like Absolute to contribute to growth ofthe U.S. economy throughthe development of the UAS economy, expand the local workforce, and, because ofincreases consumer spending, improve local, state, and federal tax revenues. 5. ThereAreNo PrivacyIssues. Absolute's proposed operation ofthe Aircraft will not implicate any privacy issues because such operations will be in compliance with the Federal Aviation Regulations (such as the minimum altitude requirements of 14 CFR 

### § 91.119) as well as Absolute's operating documents requiring property owner involvement and notice to local law enforcement.

### CONCLUSION
As setforth herein, Absolute seeks an exemption pursuantto 14 CFR 

### § 11.61 and Section 333 ofthe FMRA, which will permit safe operation ofthe Aircraft commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAAModernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing Absolute to safely, efficiently, and economically operatethe Aircraft commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FMRA Section 333, Absolute respectfully requests that the Administratorgrant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permitAbsolute to operate the Aircraft commercially for thepurpose ofconducting aerial video and photography overcertain areas ofthe United States. Dated: October ':l

### 6 , 2015 Absolute Marketing Group, LLC



# lfl:ir~r Its: President 222 Broadway, Fargo, ND 58102Exhibit A The Aircraft The unmanned aerial systems that Absolute Marketing Group will be using, orare considering using, in conjunction with this exemption application include the following models, collectively referred to as the "Aircraft": 3D Robotics X8+ 3DRobotics X8-M 3D Robotics Solo 3D Robotics IRIS
DJI Phantom 2 Dll Phantom 2 Vision + DJI Phantom 3
DJI Inspire 1
Yuneec QSOO
Parrot Bebop QuanumNova

### ExhibitB System OperatingLimitations
In seeking this exemption, Absolute proposesto commercially operate Aircraft for the special purpose ofconducting aerial video andphotography over certain areas ofUnited States, pursuantto the following specific operating limitations:
1. Operations authorized by this grant ofexemption will be limited to UASs weighing less than 55 pounds maximum gross weight.
2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video and photography.
3. The UAs may notbe flown at an indicated airspeed exceeding 87 knots (100 miles perhour) In no case will the UAS be operated at airspeeds greaterthanthe maximum operating airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. 5. The UAS mustbe operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate.
6. The use offirst person view (FPV) by the PIC orvisual observer (VO) is not permitted.
7. All operations must utilize a visual observer (VO). 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 ortexting is notpermitted during flight operations. The PIC mustbe designated before the flight and cannot transfer his orher designation for the duration ofthe flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents.
8. The VO must notperform any otherduties beyond assisting the PIC with seeing and avoiding other airtraffic and other ground based obstacles/obstructions and is not permittedto operate the cameraorother instruments. 9. The operating documents and the grant ofexemption mustbe accessible during UAS operations and made available to the Administratorupon request. Ifa discrepancy exists between the conditions and limitations contained in the grant ofexemption and the procedures outlinedinthe operating documents, the conditions and limitations contained inthe grant ofexemption take precedenceand mustbe followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operatormay update orrevise its operating documents. Itis the operator's responsibility to track suchrevisions and present updated andrevised documents to the Administratoruponrequest. The operator must also present updated and revised documents ifitpetitions for extension or amendment to the grant ofexemption. Ifthe operatordetermines that any update orrevision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendmentto its grant of exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates orrevisions to the operating documents.
10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a conditionfor safe flight. Ifthe inspection reveals a conditionthat affects the safe operationofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included inthe preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance oralterations that affect the UAS operation orflight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make anentry inthe aircraft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered inthe relevant sections ofthe operating documents.
13. The operatormust follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements.
14. The operatormust carry out its maintenance, inspections, andrecord keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul componentparts must be noted in the aircraft records, including total time in service, description of work accomplished, andthe signature ofthe authorized personreturning the UAS to service. 15. Each UAS operated underthis exemption must comply with all manufacturer Safety Bulletins.
16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections.1 7. The PIC musthold a current airline transport, commercial, private, recreational, or sportpilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license. 18. The operatormay notpermit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS 

### in a manner consistent with howthe UAS will be operated underthe exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours mustbe logged in ·amanner consistent with 14 CFR 

### § 61.51(b). Flights for the purposes oftraining the operator's PICs are permitted underthe terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. Duringtraining, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR 

### § 91.119.
19. UAS operations may not be conducted during night, as defmed in 14 CFR 

### § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Ifflight atnight is required, a special request will be made atthe FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized.
20. The Aircraftmay not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chartunless a letter of agreement withthat airport's management is obtained, and the operation is conducted in accordance with the issued operator's COA. The letter ofagreement with the airport management mustbe made availableto the Administrator upon request. 21. The Aircraftmay notbe operated less than 500 feet below orless than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC.
22. Ifthe Aircraft loses communications or loses its GPS signal, it mustreturn to a predetermined location within the planned operating area and land

### ~r be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the operating documents.
24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough powerto fly atnormal cruising speed to the intended landing point and land the Aircraft with atleast five minutes or withthe reserve powerrecommended by the manufacturer ifgreater.25. The operatormust obtain an AirTraffic Organization {ATO) issued Certificate ofWaiverorAuthorization (COA) priorto conducting any operations underthe grant ofexemption. This COA will also require the operatorto request a Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 24 hours priorto the operation. All operations shall be conducted in accordance ·with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponderrequirements. 26. All aircraft operated in accordance with the exemptionmustbe identified by serial number, registered in accordance with 14 CFRpart47, and have identification numbermarkings in accordance with 14 CFRpart45, Subpart C. Markings mustbe as large as practicable.
27. The documents required fewer than 14 CFR91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe Aircraft any timethe Aircraft is operating. These documents must be made available to the Administrator orany law enforcement official upon request. 28. The Aircraft must remain clear and yield the right ofway to all manned aviation operations and activities at all times. 29. The Aircraft may notbe operated by the PIC from any moving device or vehicle. 30. Flight operations must be conducted at least 500 feet from all nonparticipating persons {persons otherthan the PIC, VO, operatortrainees oressential persons), vessels, vehicles, and structures unless:

a. Barriers orstructures are presentthat sufficiently protect nonparticipating persons from the Aircraft and/or debris in the event ofan accident. The operator must ensure that nonparticipatingpersons remain under suchprotection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe Aircraft, flight operations must cease immediately and/or; b. The Aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of operating closerto those objects and determined that it does not present an undue hazard, and; c. Operations nearerto the PIC, VO, operatortrainees oressential persons do notpresent an undue hazard to those persons per§ 91.119(a). 32. All operations shall be conducted overprivate orcontrolled-accessproperty with permission from the land owner/controller or authorized representative.Permission from land owner/controller orauthorizedrepresentative will be obtained for each flight to be conducted. 33. Any incident, accident, orflight operationthat transgresses the lateral or vertical boundaries ofthe operational areaas definedby 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 onthe NTSB Web site: www.ntsb.gov.

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