May 29, 2015

Exemption No. 11716

Regulatory Docket No. FAA–2015–0802

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 petitioned 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 aircraft system (UAS) to conduct aerial 

photography and videography of real property.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. The FAA received one 

individual comment in opposition to the petition. In granting this 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 comply with the document’s conditions and 

limitations is grounds for immediate suspension or rescission of the exemption.
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Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1.

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 collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

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

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

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 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, 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 than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

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.
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7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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 
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current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

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

pre-determined location within the private or controlled-access property.

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

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.
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21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

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

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

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 
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to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

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

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

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

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

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Airspace	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-board	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	and	direction	back	

to	its	launch	site;

 A	2.4	Ghz	on-board	radio	transmitter	that	transmits	live	video	from	the	onboard	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	and	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	requested	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	or	no	risk	to	

national	security.

Low	level	oblique	photos	and	video	from	several	angles	are	far	more	effective	than	

ground- based	imagery	for	displaying	the	characteristics	of	large,	complex	

properties	with	several	buildings	and	large	trees.	In	the	past, full-sized	helicopters	

and	aircraft	have	been	chartered	for	this	purpose,	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	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	AA System	will	be	operated	in	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	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	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	Pre-Flight	Inspection	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	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	equivalent	or	

greater	level	of	safety	than	manned	aircraft	performing	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.com
The	regulations	from	which	each exemption	is	requested	are	listed	below.	Each	

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,	91.121

- 14	CFR	91.151

- 14	CFR	Subpart	E	(91.401	- 91.417)

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

We	are	prepared	to	modify	or	amend	any	part	of	this	request	to	satisfy	the	need	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	Exemption	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	for	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	provisions:	

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.	

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	well.	

The	aircraft	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	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	"displayed	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	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.	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	14	CFR	45.23,	which	follows	

immediately	after	the	proposed	placard	description	below:	

EXPERIMENTAL

Manufacturer:	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	must	

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	

number	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	launch	

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	

high	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	and	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	assume	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	pilot	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	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.	

Our	proposed	operations	require	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	

private	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	license,	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	

requirements.	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	certain	

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	hand-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	feet	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	cruising	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	Level	

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	regulation	provides	that	no	person	may	begin	a	flight	in	an	airplane	under	dayVFR	conditions	unless	there	is	enough	fuel	to	fly	to	the	first	point	of	intended	

landing	and	to	fly	after	that	for	at	least	30	minutes.

We	feel	the	intention	of	this	paragraph	is	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	will	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.	

Paragraphs	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	

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	their	designated	

repair	facility.	The	PIC	will	document	work	performed	in	accordance	with	91.417.	

We	feel	that	due	to	the	size,	construction,	and	simplicity	of	the	aircraft,	the	PIC	can	

ensure	an	equivalent	level	of	safety.

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	certificate	issued	under	part	67	in	order	to	perform	as	a	pilot	or	observer.	

The	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	medical	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	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	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	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)	Transmitter	and	UA	firmware	is	up	to	date;

(2)	Determine that	UA	battery	is	fully	charged	in	order	to	prevent

							unexpected	premature	descent;	

(3)	Check	all	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	any	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	control	stick	full	

back	position;

(7)	Connect	UA	main	battery,	check	for radio	contact	with	UA’s	radio	receiver;
(8)	At	a	location	different	from	previous	flight,	re-set	GPS	and	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	for	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