May 29, 2015

Exemption No. 11716 Regulatory Docket No. FAA

– 20 15

– 0802

Mr. Zack Howard
Owner Airspace Aerial, LLC
7161 Oak Hill Drive Sylvania, OH 43560

Dear Mr. Howard :

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 25, 2015 , you pe titioned the Federal Aviation Administration (FAA) on
behalf of Airspace Aerial, LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct a erial photography and video graphy of real property

.

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 petit ion 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

. The FAA received one individual comment in opposition to the petition. In granting thi s exemption, the FAA has determined that the proposed operations can safely be conducted under the conditions and limitations of this exemption. As with exemptions issued to Aeryon Lab, Astraeus Aerial, Clayco, Inc., and VDOS Global, LLC, failure to compl y with the document’s conditions and limitations is grounds for immediate suspension or rescission of the exemption.2

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the
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

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances 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. ( se e Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications de scribed 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 t he 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,

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by
instruments aboard the UA.3

delegated to me by the Administrator, Airspace Aerial, LLC is granted an e xemption 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, Airspace Aerial, 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 Inspire 1 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 tha n 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 u tilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must en sure that the VO can perform the duties required of the VO.4

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 out lined 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 docum ents. 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 fo r 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 FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, repla cement 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 inspectio n reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and
aircraft components.

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

13. Under this grant of exemption, a P IC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a5

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto R ico, 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 logged in a manner consistent with
14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and deter mining 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
traini ng, 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 C FR § 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 no t 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 aeronauti cal 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 en forcement official upon request.

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

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

pre

- determined location within the pr ivate or controlled

- access property.

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power 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.6

21. Air Traffic Organizatio n (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial

num ber, 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 enforcem ent 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
tha t 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 nonparticipa ting 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 control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight op eration that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported7

to the FA A'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 exempt ion must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities
must incl ude at least the following:

a. Dates and times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;
d. Ma ke, 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 productio n, 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 May 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

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

EnclosuresAirspace	Aerial,	LLC
7161	Oak	Hill	Drive Sylvania,	OH	43560

PH:	419

- 699

- 3862

March	25

, 2015

U.S.	Dept.	of	Transportation,	Docket	Operations West	Building	Ground	Floor,	Room	w12

- 140 1200	New	Jersey	Avenue,	SE., Washington,	DC	20590

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

Dear	Sir	or	Madam:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the “Reform	Act”)	and	14	C.F.R.	Part	11,	Airspace	Aerial,	LLC	(AA) seeks	an	exemption from	Federal	Aviation	Regulations	(“FARs”)	detailed	below	for	the	following described	Unmanned	Aerial	System	called	in	this	application	the	AA	System,	which includes	an	Unmanned	Aircraft	(UA)	and	ground	station

- based	equipment	and	crew:

THE	UNMANNED	AIRCRAFT	(UA):

 A	lightweight	(6.5	lb	gross	weight	with	all	on

- board	equipment),	battery operated	4

- motor	rotorcraft	in	the	form	of	a	quadcopter	that	takes	off	and lands	vertically,	manufactured	by	DJI,	Model	Inspire	1	which	carries:

 An	on

- bo ard	flight	computer	with	GPS	navigation	and	location	ability	that receives	signals	for	flight	controls	from	a	ground

- based transmitter/controller	as	well	as	an	iOS	mobil	device	application

 An	on

- board	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	an d	direction	back to	its	launch	site;

 A	2.4	Ghz	on

- board	radio	transmitter	that	transmits	live	video	from	the	on

board	camera	plus	all	the	flight	data	from	the	telemetry	system	described above;

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	2.4GHz	radio	transmitter/controller	operated	by	the	PIC	to	control	the	UA while	in	flight;

 A	radio	receiver	receiving	live	video	an d	flight	data	from	the	on

- board camera	and	computer	projects	it	all	together	onto	an	iOS	device	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	requeste d	exemption	would	support	an	application	for	a	commercial	Certificate
of Authorization	to	use	the	above described AA System	to	support	aerial photography	and	video	primarily	of	real	property,	specifically	individual	properties
of	at	least	two	acres	in	size (equivalent	to	a	square	295	feet/side).

The	UA,	powered	by	batteries,	is	smaller,	lighter	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	15	minutes,	this	is	offers	little	o r	no	risk	to national	security.

Low level	oblique	photos	and	video	fr om	several	angles	are	far	more	effective	than ground

- based	imagery	for	displaying	the	characteristics	of	large,	complex properties	with	sev eral	buildings	and	large	trees.	I n	the	past

, full

- sized	helicopters
and	aircraft	have	been	chartered for	this	purpos e,	which	has	proven	more	costly and dangerous	than	a	UA .	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	t o	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 AA System	will	be	operated	i n	the	field	with	both	a	PIC	and	a	VO	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	of	the property	owner;(e) The	PIC	must	have	accumulated	and	logged,	in	a	manner	consistent	with 14	CFR	§ 61.51	(b),	a	m inimum	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 AA System	will	not	be	operated	over	densely	populated	areas; (h) The AA System	will	not	be	operated	at	air	shows; (i) The AA System	will	not	be	operated	over	any	open

- air	assembly	of people; (j) The AA System	will	not	be	operated	over	heavily	traf ficked	roads; (k) The AA System	will	not	be	operated	within	5	NM	of	an	airport	or heliport; (l) The AA 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	Insp ection	by	the	PIC	before each	operation to	ascertain	that	the	UA	is	in	a	condition	safe	for	flight	(see Appendix	A).

The	PIC	and	VO	will	meet	the	requirements	outlined	in	FAA	Policy	N	8900.227 Section	16	personnel	Qualifications.	Additionally,	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,	fully	qualified	flight	crew	an d	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	equivalent	or greater	level	of	safety	than	manned	aircraft	per forming	the	same	mission.

The	name	and	contact	information	of	the	applicant	are:

Airspace	Aerial,	LLC
Attn: Zack	Howard
7161	Oak	Hill	Drive Sylvania,	OH	43560
Ph: 419

- 699

- 3862
Email: zmhoward@gmail.comT he	regulations	from	which each exemption	is	requested	are	listed	below. E ach

regulation is	outlined	in	the attached	Addendum	with	our	proposed	equivalent	level of	safety	for	each	regulation:

- 14	CFR	Part	21

- 14	CFR	91.203

- 14	CFR	45.23,	45.29

- 14	CFR 91.9

- 14	CFR	61.113,	61.133

- 14	CFR	91.109,	91.119,	91.1 21

- 14	CFR	91.151

- 14	CFR	Subpart	E	(91.401

- 91.417)

- FAA	Policy	8900.227	Paragraph	16(c)(4)	and	Paragrap h	16(e)(1)

We	are	prepared	to	modify	or	amend	any	part	of	this	request	to	satisfy	the	n eed	for an	equivalent	level	of	safety.	Please	contact	us	at	any	time	if	you	require	additional information	or	clarification.	We	look	forward	to	working	with	your	office.

Sincerely,

Zack	Howard

, Owner Airspace	Aerial,	LLC

Addendum	containing	Exempt ion	Requests and	Equivalent	Level	of	Safety

Appendix	A

– Flight	Manual Appendix	B

– Owner’s	Manual	for	UA

### ADDENDUM

**EXEMPTION	REQUESTS	AND	EQUIVALENT	LEVEL	OF	SAFETY**

Airspace	Aerial ,	LLC,	requests	an	exemption	from	the	following	regulations	as	well as	any	additional	regulations	that	may	technically	apply	to	the	operation	of	the AA System:

**14	CFR	Part	21,	Subpart	H:	Airworthiness	Certificates** This	part	establishes	the	procedures	fo r	the	issuance	of	an	airworthiness	certificate. While	the	FAA	continues	to	work	to	develop	airworthiness	standards	for	Unmanned Aerial	Systems,	we	request	an	experimental	certificate	be	issued	for	the AA System under	either	or	both	of	the	following	provisi ons: 21.191	Experimental	c ertificates. Experimental	certificates	are	iss ued	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	aircraf

t. **(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.

Since	the	experimental	certificate	can	be	used	for	commercial	purposes	such	as market	surveys,	sales	demonstrations,	and	customer	crew	training,	we	would	expect that	an	experimental	certificate	would	permit	our	commercial	purpose	as	wel l.

The	aircraft	will	not	carry	persons	or	property,	will	not	carry	fuel,	and	will	only	fly under	strict	operational	requirement s.	Combined	with	the	UA’s	light weight,	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	experimental	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 outlined	in	the	previous	paragraph.

**14	CFR	91.203(a)	&	(b)	Civil	aircraft:	Certifications	required.** The	regulation	provides	that	an	airworthiness	certificate,	with	the	registration number	assigned	to	the	aircraft	and	a	registration	certificate	must	be	aboard	the aircraft.	Additionally,	subparagraph	(b)	provides	that	the	airworthiness	certificate be	"disp layed	at	the	cabin	or	cockpit	entrance	so	that	it	is	legible	to	passengers	or
crew."At	a	maximum	gross	weight	of	6.5 pounds,	the	UA	is	too	small	to	carry

documentation,	does	not	have	an	entrance,	and	is	not	capable	of	carrying passengers	or	crew.	To	obta in	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.	In	order	to identify	the	aircraft,	we	propose	that	the information	found	on	airworthiness	and	registration	certificates	be	permanently affixed	to	the	aircraft	via	placard	containing	the	following	information	plus	the	word
“EXPERIMENTAL”	to satisfy	the	requirement	of	1 4	CFR	45.23,	which	follows immediately	after	the	proposed	placard	description	below:

EXPERIMENTAL
Manu facturer:	DJI	Innovations,	Inc.
950	E	Baseline	Ave.	Ste.	210 Apache	Junction,	AZ	85119
Model: Inspire	1 ,	Serial	Number: W13DCA31020818

If	found	please contact:	( 419)	699

- 3862

**14	CFR	45.23	Display	of	marks;	general	and	45.29	Size	of	marks.** These	regulations	provide	that	each	aircraft	must	display	"N"	and	the	aircraft's registration	number	in	letters	at	least	3	inches	high.	Additionally,	the	aircraft	mu st display	the	word	"EXPERIMENTAL"	in	letters	at	least	2	inches	high	near	the entrance	to	the	cabin,	cockpit,	or	pilot	station.	The	UA	does	not	have	an	entrance	in which	the	word	"EXPERIMENTAL"	can	be	placed,	and	may	not	have	a	registration

nu mber	assigned to	it	by	the	FAA.

We	propose	to	achieve	an	equivalent	level	of	safety	by	including	the	word "EXPERIMENTAL"	in	the	placard	on	the	top	of	the	aircraft,	as	shown	above,	where the	PIC,	VO	and	others	in	the	vicinity	of	the	aircraft	while	it	is	preparing	for	l aunch will	be	able	to	see	the	designation.	Additionally,	we	feel	that	the	permanent	placard discussed	in	the	previous	paragraph	will	provide	the	aircraft's	registration information	at	the	ground	station.	Finally,	we	will	display	at	the	ground	station	a hig h	contrast	flag	or	banner	that	contains	the	words	"Unmanned	Aircraft	Ground Station"	in	letters	3	inches	high	or	greater.	Since	the	aircraft	will	operate	within 1 NM	of	the	ground	station,	the	banner	should	be	visible	to	anyone	that	observes	the
aircraft	a nd	chooses	to	investigate	its	point	of	origin.

**14	CFR	91.9	Civil	aircraft	flight	manual,	marking,	and	placard	requirements.** This	regulation	provides	that	no	person	may	operate	an	aircraft	unless	a	current, approved	flight	manual	is	in	the	aircraft.	We	a ssume	that	the	intent	of	this requirement	is	to	ensure	that	flight	manual	information	is	available	to	the	aircrew while	operating	the	aircraft.	We	request	an	exemption	to	this	requirement	since	the aircraft	is	not	only	too	small	to	carry	documentation,	the documentation	would	not be	available	to	the	crew	during	flight	operations.To	obtain	an	equivalent	level	of	safety	and	meet	the	intent	of	91.9,	we	propose	that	a

current,	approved	UA	Flight	Manual	(Appendix	A)	must	be	available	to	the	crew	at the	ground station	anytime	the	aircraft	is	in,	or	preparing	for,	flight.

**14	CFR	61.113	Private	pilot	privileges	and	limitations:	Pilot	in	Command	and 61.133	Commercial	pi**  **lot	privileges	and	limitations.** The	regulation	provides	that	no	person	that	holds	a	private	pilot	certificate	may	act as	pilot	in	command	of	an	aircraft	for	compensation	or	hire.	Subparagraph	(b) allows	a	private	pilot	to	act	as	pilot	in	command	of	an	aircraft	in	connection	with any	busi ness	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.

Our	proposed	operations	r equire	that	the	PIC	must	either:
1. Hold	a	Commercial Pilot	Certificate	issued by	the	FAA,	and	have logged	25 hours	of	flight experience	in	this	type	of	UA,	or
2. Meet	the	requirements	of	8900.227	para	16 (c)(2)(c)	"Operations
without	a pilot	certificate" in	which	the	PIC	is	required	to	complete	"FAA priv ate	pilot	ground	instruction"	and	pass	"the	FAA	Private	Pilot	written examination."	Since	there	are	currently	no	means	available	for	the	pilot	of	a UAS	to	gain	the	experience	in	an	equivalent	category	and	class	in	order	to apply	for	a	commercial	pilot's	li cense,	we	propose	to	generate	an	equivalent level	of	safety	by	requiring	our	pilots	to	complete,	at	a	minimum,	FAA commercial	pilot	ground	instruction	and	pass	the	FAA	Commercial	Pilot written	examination	in	addition	to	completing	the	private	pilot require ments.	Since	the	aircraft	cannot	carry	passengers	or	property,	we	feel we	meet	the	intent	of	61.113	Subparagraph	(b)	even	though	the	intent	of	this application	is	to	conduct	a	business.

**14	CFR	91.109	Flight	Instruction;	Simulated	instrument	flight	and	c ertain**  **flight	tests** The	regulation	states	that	"No	person	may	operate	a	civil	aircraft	that	is	being	used for	flight	instruction	unless	that	aircraft	has	fully	functioning	dual	controls."
The AA System	ground

- based	control	station	consists	of	a	small	han d

- held	radio transmitter	and	while	it	does	not	offer	a	second	set	of	"controls",	both	the	student and	instructor	can,	and	will,	operate	the	single	set	of	controls	simultaneously.	With both	student	and	instructor	having	"hands

- on"	the	controls	during	flight ,	we	feel that	this	technique	meets	the	intent	91.109	and	provides	an	equivalent	level	of safety.

**14	CFR	91.119	Minimum	safe	altitudes:	General.** The	regulation	states	that	over	sparsely	populated	areas	the	aircraft	cannot	be operated	closer	than	500	fee t	to	any	person,	vessel,	vehicle,	or	structure.	Since	the aircraft	will	be	operating	at	a	maximum	of	400	feet	AGL,	we	cannot	comply	with	this requirement.In	order	to	provide	an	equivalent	level	of	safety	we	will	only	fly	over	private

property	with	a	size of	at	least	two	acres	with	the	permission	of	the	owner	of	the property	flown	over.	The	aircraft	will	not	be	operated	over	congested	areas	or	over any	open	air	assembly	of	persons.	The	property	owner	will	be	briefed	on	the expected	route	of	flight	and	the associated	risks	to	persons	and	property	on	the ground.	The	aircraft	will	be	operated	at	a	low	altitude	allowing,	if	a	power	unit	fails, an	emergency	landing	without	undue	hazard	to	persons	or	property	on	the	surface.
Therefore	we	maintain	that	due	to	the small	size	of	the	UA,	the	hazard	to	persons, vehicles	and	structures	is	minimal	compared	to	manned	aircraft,	which	should	be considered	in	granting	the	exemption.

**14	CFR	91.121	Altimeter	settings.** The	regulation	requires	that	aircraft	shall	maintain	cru ising	altitudes	by	reference	to an	altimeter	setting	available	within	100	NM	of	the	aircraft.

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	Lev el altimeter	measurement	above	the	takeoff	point	is	transmitted	via	radio	from	the	UA

on

- board	computer	to	the	display	screen	held	by	the	PIC,	providing	a constantly updated	AGL	readout.

**14	CFR	91.151	Fuel	requirements	for	flight	in	VFR	conditions.**
The	r egulation	provides	that	no	person	may	begin	a	flight	in	an	airplane	under	day

VFR	conditions	unless	there	is	enough	fuel	to	fly	to	the	first	point	of	intended landing	and	to	fly	afte r	that	for	at	least	30	minutes.

We	feel	the	intention	of	this	paragraph	i s	to	provide	an	energy	reserve	as	a	safety buffer	for	delays	to	landing.	The	UA	is	battery	operated	and	the	maximum	duration of	flight	from	a	single	battery	charge	is 15 minutes	with	a	20%	reserve.	Since	the
aircraft	wil l	never	fly	more	than	1 NM	from	the	point	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".

**14	CFR	Subpart	E	(91.401**

**- 91.417)** 

**- Maintenance,	Preventive	Maintenance,** 
**Alterations** The	regulation	provides	that	the	operator	is	primarily	responsible	for	maintaining the	aircraft	in	an	airworthy	condition,	including	compliance	with	part	39	and	43.
Par agraphs	91.407	and	91.409	require	that	the	aircraft	be	"approved	for	return	to service	by	a	person	authorized	under	43.7"	after	maintenance	and	inspection.

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

air worthy	condition	prior	to	every	flight	and	in	addition	conduct	detailed inspections	after	every	two	hours	of	flight.	Maintenance	performed	by	the	PIC	islimited	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	their	designated repair	facility.	The	PIC	will	document	work	performed	in	accordance	with	91.417. We	feel	that	due	to	the	size,	construction,	an d	simplicity	of	the	aircraft,	the	PIC	can ensure	an	equivalent	level	of	saf ety.

**8900.227	Paragraph	16(c)(4)	PIC	Medical.	and	Paragraph	16(e)(1)	Observer**
**Medical.** This	policy	provides	that	both	the	PIC	and	VO	must	have	a	valid	FAA	second

- class
medical	cer tificate	issued	under	part	67	in	order	to	perform	as	a	pilot	or	observer.

Th e	UA	maximum	gross	weight	is	6.5 pounds,	it	is	constructed	of	carbon	fiber	and plastic	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	medica l	requirements	as	a	commercial	pilot	carrying passengers	in	a	large	aircraft	is	an	unnecessary	burden.

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.**APPENDIX	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	1 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	of	the	property	owner; (e) The	PIC	must	have	accumulated	and	logg ed,	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	st ate	and	local	government prior	to	operation; (g) The AA System	will	not	be	operated	over	densely	populated	areas; (h) The AA System	will	not	be	operated	at	air	shows; (i) The AA System	will	not	be	operated	over	any	open

- air	assembly	of	people;

(j) The AA System	will	not	be	operated	over	heavily	trafficked	roads; (k) The AA System	will	not	be	operated	within	5	NM	of	an	airport	or	heliport;

(l) The AA 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	successf ul	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)	Transmitter	and	UA	firmware	is	up	to	date; (2 ) Determine that	UA	battery	is	fu lly	charged	in	order	to	prevent unexpected	premature	descent; (3 )	Check	al l	wiring	connections and	props are	tight and	locked ; (4)	Position	transmitter	antennae	in	the	up	position	to	maximize	signal	strength; (5 )	Check	all	propellers	are	undamaged	and	no	cracks	exist	in	an y structural members	of	the	UA; (6 )	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	co ntrol	stick	full back	position; (7 )	Connect	UA	main	battery,	check	for radio	co ntact	with	UA’s	radio	receiver;(8 )	At	a	location	different	from	previous	flight,	re

- set	GPS	a nd	compass	to	current

location; (9 )	Turn	on transmitter,	gimbal	and	camera; (10 )	Calibrate	UA	compass	according	to	instructions	outlined	in	user	manual ; (11)	Adjust	minimum	automated	return	height	for	location; (12)	Select	a	clear	frequency	for	transmitter; (13)	Insure	that	launch	area	is	safe	and	clear	of	people; (14)	Warn	bystanders	of	takeoff; (15)	Hover	at	low	altitude	for	20	seconds,	look	and	listen	f or	problems; (16)	Confirm	expected	stick	operation	while	hovering ; (17)	Always	monitor	battery	power	and	signal	strength ; (18)	Maintain	line	of	sight	operation	with	the	UA	at	all	times