1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION OF EXEMPTION OF:

AEROLENS

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS:

CONCERNING COMMERCIAL OPERATION OF THE “DJI INSPIRE 1” UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LA W 112

- 95)

Originally Submitted: June 7
, 2015

Re

- Submitted with Additional Information: July 19, 2015

By: TOM CASKA, CEO / FOUNDER AEROLENS & MATT DUNN, FOUNDER AEROLENS2 

## GLOSSARY

ATO

– Air Traffic Organization

COA

– Certificate of Authorization

ESC

– Electronic Speed Control

FCC

– Federal Communications Commission

UAS

– Unmanned Aerial System

NAS

– National Air Space

NM

– Nautical Mile

PIC

– Pilot in Command

SVFR

– Special Visual Flight Rule

VFR

– Visual Flight Rule

VLOS

– Visual Line of Sight

VMC

– Visual Meteorological Conditions

VO

– Visual Observer

WMO

– World Meteorological Organization3 

## TABLE OF CONENTS

I. DE SCRIPTION OF THE PETITIONER p 5

II. DESCRIPTION OF PROPO SED OPERATIONS p 7

A. Closed

- set Filmmaking and Cinematography

B. Aerial Survey & Inspection of Industrial/Construction Sites, Utility Power Generation Facilities & Infrastructure

C. Aerial Analysis & Inspection for the Agriculture & Insurance Industry

D. Aerial Imaging for the Real Estate Industry

E

. Research and Development

III. RELEVANT STATUTORY AUTHORITY p 10

IV. THE PETITIONER’S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT p 11

A. Approval is Warranted Based on the UAS ’ Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Petitioner’s Operational Manual s

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED p 1 5

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

B: 14 C.F.R. §21.191 (a) and (b) : Research and Development & Showing Compliance with Regulations

C . 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

D . 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

E . 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

F . 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

G . 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

H . 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 144



### C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

I . 14 C.F.R. § 91.103: Preflight Action

J . 14 C.F.R. § 91.109(a): Flight Instruction

K . 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

L . 14 C.F.R. § 91.121: Altimeter Settings

M . 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI. DRUG AND ALCOHOL PROGRAM p 4 0

VII. PUBLIC INTEREST p 4 1

VIII. PRIVACY p 4 4

IX. FEDERAL REGISTER SUMMARY p 4 5

X. CONCLUSION p 4 6

APPENDIX A. p 4 7

APPENDIX B. p 4 8

APPENDIX C. p 49

APPENDIX D. p 5 05

I. DESCRIPTION OF THE PETITIONER

Aerolens ( the Petitioner) is an aerial imaging company dedicated to providing technologically driven and innovative solutions to a variety of industr ies . Its F ounders, Tom Caska (CEO) and Matt Dunn each hold an Australian issued UAV Controller ’s Certificate in which they have commercially operated safely and without incident under their UAV Operator’s Certificate

.

Tom has worked in a viation business and holds an Airline Transport Pilot Licence

. He has actively flown as a fixed

- wing pilot domestically and internationally with a major Australian airline and has 1 2 years of flying experience without incident

. Matt is a meteorological technician and ha s 8 years of experience as a professional aviation weather observer at locations throughout Australia and its external territories including remote offshore islands and major international airports. His o perational experience using remote sensing technologies includes over 2000 incident free flights using unmanned weather balloons to provide upper air atmospheric profiling ; as well as routine and special aerodrome weather repor ts for the purpose of increasing situational awareness for aviation industry personnel performing or planning operations within the vicinity of airports and surrounding airspace

. Tom and Matt are graduates of the University o f New South Wales ( School

o f Aviation) and hold Honours Degrees in Aviation (Flying) and Aviation (Management) respectively

, where safety management and human factors were key components of the ir training and education

.

The Petitioner, in addition to its F ounders, comprises a team of aviation e xperts and subject matter professionals with wide ranging skills specific to the domestic and international aviation industries . This includes extensive experience in aerial electronic news gathering with major television networks

, documentary fil m making, international airline and military flying experience. Collectively

, th e Petitioner holds in excess of 40,000 hours of incident free

, rotary and fixed

- wing flying within the United States, Australia and elsewhere throughout the world. Members of the core t eam sit on advisory boards in the United States in relation to aviation safety and in

- flight medical support.

Building upon this experience, the Petitioner seeks an exemption to allow commer cial operations of small UAS to provide aerial photography

, video and analysis services across a wide range of industries including:

 Film & Television;

 R eal E state ;

 S urveying, B uilding and C onstruction ;

 Agriculture;

 Insurance;

 Utilities & P ower

- G eneration ;

 Research & Development; and,

 E nvironmental.

In addition to the UAS manufacturer documentation and as part of its submission, the Petitioner has also developed and provided copies of its internal operational documentation including an Operations Manual, a Flight Manual and a Maintenance Manual. The Petitioner is committed to carrying out risk assessments and performing job safety assessments prior to

, and as part of

, its routine UAS flying operations

.6

The contact information for the Petitioner is as follows:

Tom Caska CEO & Founder Aerolens Suite 16, Level 1, 50 Yeo Street NEUTRAL BAY, NSW Australia Phone: (+61) 422 150 144 Matt Dunn Founder Aerolens Suite 16, Level 1, 50 Yeo Street NEUTRAL BAY, NSW Australia Phone: (+61 ) 290 338 699 Email: info@aerolens.com.au7

II. DESCRIPTION OF PROPOSED OPERATION

The Petitioner seeks an exemption pursuant to Section 333 of th e Reform Act to operate the DJI Inspire 1 UAS for the proposed operations discussed below. All UAS flying operations will occur under tightly

c ontrolled conditions on property where the Peti ti oner has received permission to operate fr om the landowner, controller or authorized representative. The proposed UAS flying operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and the Petitioner’s Operational Manual s which are made up of the Aerolens Operations Manual , t he Aerolens Flight Manual

– DJI Inspire 1 and the Aerolens Maintenance Manual

– DJI Inspire 1

. These manuals are contained in the Appendix Section and have been submitted individually as separate documents.

As detailed in the Peti ti oner’s Operational Manual s, all UAS operations will be limited to daytime Visual Flight Rule ( VFR ) conditions

, Visual Meteorological Conditions (VMC), within visual line

- of

- sight (VLOS ) of the Pilot

- in

- Command (PIC)

, in uncontrolled airspace

, and will occur at least 5 miles away from an airport unless otherwise authorised by the FAA

. The details cont ained with in the Petitioner’s Operational Manual s incorporate redundant safeguards to en sure the aircraft does no t travel outside the controlled area of intended UAS flying operations, including through the use of GPS technologies.

A. Closed

- set Filmmaking and Cinematography

The Petitioner seeks to use small UAS for the purpose of conducting scripted, closed

- set filming for the motion picture, television, and web industry. Th e Petitioner has tailored its operations to meet the requirements established by the FAA in prior grants of exemption authorizing commercial use of UAS in the motion picture and television filmmaking industry, including:

 Astraeus Aerial (Exemption No. 1106 2)

 Aerial MOB, LLC (Exemption No. 11066)

 Dronair Solutions (Exemption No. 11671)

 Pictorvision, Inc. (Exemption No. 11067)

 HeliVideo Productions, LLC (Exemption No. 11065)

 Snaproll Media, LLC (Exemption No. 11063)

 RC Pro Productions Consulting, LLC d/b/a Vortex Aerial (Exemption No. 11064)

 Flying

- Cam, LLC (Exemption No. 11080)

 Aerocine, LLC (Exemption No. 11150)

 Team 5, LLC (Exemption No. 11158)

 Alan D. Purwin (Exemption No. 11161)

 Helinet Aviation Services, LLC (Exemption No. 11160)

 Picture Factory, Inc. (Exemption No. 11178)

All UAS filmmaking operations will occur on private prop erty in a controlled area, away from spectators and persons not involved in the filming. I n addition, aerial filming will be conducted during daylight, VFR conditions and at altitudes belo w 400' AGL. As set forth below, all flying operations provide an equivalent level of safety that is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.8

B. Aerial Survey & Inspection of Industrial / Construction Sites, Utility Power

- Generation Facilities and Infrastructure

The Petitioner seeks to use small UAS for the purpose of condu cting aerial imaging for safety monitoring of controlled access industrial and construction sites, utility power

- genera tion

, transmission and distribution facilities

, and infrastructure. Traditi onal methods of inspecting these type s of infrastructure, including flare stacks, elevated pipelines an d power lines, tanks, and steep rooftops, expose inspecting engineers to risk of harm or serious i njury. Inspectors need to climb tower or otherwise perform work at elevated heights , which exposes them to the risk of dangerous falls. In addition to this , depending on the nature of the inspection, the proximity to equipmen t often involves a risk of exposure to hazardous chemicals or oxygen

- deficient

atmos pheres, burns from steam or hot equipment, and other mechanical hazards associated with in dustrial sites and construction facilities. The use of small UAS reduces exposure to these hazards and enables a much safer method of performing these types of inspections.

The use of s mall UAS for inspection is also safer than traditional mann ed fixed

- wing aircraft or helicopters performing the same function. Conventional operations us ing rotorcraft and fixed

- wing aircraft in lo w level operations present risks associated with vehicles weighing t housands of pounds and carrying large amounts of fuel. The use of s mall UAS for inspection is more reliable, and allows for the collection , diss emination, and storage of visual and other sensory data with greater precision and du ration. Small UAS will also be capable of accessing and inspecting areas that would otherwise be inaccessible using conventional aircraft or other inspection methods.

C. A erial Analysis & In spection for the Agriculture & Insurance Industr ies

The Petitioner seeks to use small UAS for the purpose of conducting aerial analysis and inspection of sites for the agriculture and insurance industr ies

. The Petitioner has tailored its operations to meet the requirements established by the FAA in prior grants of exemption authorizing commercial use of UAS in insurance industry including:

 OpenSky Drones (Exemption No. 11 691 )

 Principia, Inc (Exemption No. 11 633 )

 AgEagle LLC (Exemption No. 11480)

 T&K LLC (Exemption No. 11619)

 UAV Field Services Inc (Exemption No. 11512)

 HAZON Solutions, LLC (Exemption No. 11487)

 Erie Insurance Group (Exemption No. 11293)

The use of small UAS for aerial analysis and inspection s is safer tha n traditional manned fixed

- wing aircraft and helicopters performing the same function at very low altitudes . Conventional operations using rotorcraft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing thousands of pounds and carrying large amounts of fuel. Small UAS inspection is more reliable, and allows for the collection, dissemination, analysis and storage of visual and other sensory data with greater precision and duration. Small UAS will also be capable of accessing and inspecting areas that would otherwise be inaccessible or too costly using conventional aircraft or other inspection methods.

D. Aerial Imaging for the Real Estate Industry

The Petitioner seeks to use small UAS for the purpose of conducting aerial analysis and inspection of private and commercial sites for the real estate industry. The Petitioner has tailored its operations to meet the9

requirements established by the FAA in prior grants of exemption authorizing commercial use of UAS in the real estate industry.

The use of small UAS for aerial photography is safer than traditional manned fixed

- wing aircraft and helicopters performing the same function. Conventional operations using rotorcra ft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing thousands of pounds and carrying large amounts of fuel. The Petitioner is committed to upholding privacy laws and regulations associated with aerial imaging, particularly in suburban locations where sensitivities to the use of small UASs exist.

E . Research and Development

The Petitioner seeks to use small UAS for the purpose of furthering its research , innovation and development aspirations. The Petitioner is committed to developing innovative ways in which to use current technologies for the purposes of enhancing the livelihoods of the general public, widespread communities and industries throughout the United States of America

. Research and development usi ng the proposed small UAS will have the potential to assist industries including agriculture, emergency response, construction and surveying, environmental monitoring and other government agencies.10

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Se ction 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act") . Congress has directed the FAA " to safely accelerate the integration of civil unmanned aircraft systems into the natio nal airspace system ." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to oper ate in the National Air Space (NAS ) where it is safe to do so and based on the following considerations:

● The UAS 's size, weight, sp eed and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within VLOS of the PIC

. Additionally, the FAA Administrator has general authority to grant exemptions from the a gency's safety regulations and minimum standards when the Ad ministrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting
exemp tions from §§ 44701 (a), (b) and §§ 44702

– 44716 ).

A party requesting an exemption m ust explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existin g rules). See 14 C.F.R. § 11.81 (petitions for exemption). These are detailed in Section V and Section VII.11

IV. PETITIONER’ S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small UAS operations proposed by the Petitioner in this Petitio n for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as eac h of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the DJI Inspire 1 due to its size

, weight, speed, and operational capability.

 The DJI Inspire 1 ha s been approved for use in prior Section 333 Grants of Exemption from the FAA.

 The DJI Inspire 1 weighs less than 10 pounds, including payload.

 The DJI Inspire 1 will not be flown at a ground speed in excess of 50 knots.

 Altitude information will be generated by equipment on

- board the UAS as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, o r any combination thereof. This information will be transmitted to the pilot via telemetric data feed.

 The UAS will have system redundancies and independent fu nctionality to ensure the overall safety and predictability of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS to return to a predetermined location and safely land without injury or d amage.

 The radio frequencies used for operations and control of the UAS comply with the Fede ral Communications Commission (FCC ) and other appropriate government oversight agency requirements. The operating frequenc ies for the DJI Inspire 1 are 2.4 GHz (gro und to air) and 5.8 GHz (ground to ground) for communications.

B. Approval is Warranted Based on the Operat ional Restrictions Set Forth in the Petitioner’s Operational Manual s

The Petitioner’s Operational Manual s and the DJI Manufacturer's Manual for the selected UAS contain all the procedures and limitations necessary to safe ly and successfully perform the flying operations specified in this Petition for Exemption. To as sist the FAA in making a safety assessment of the Petiti oner’s proposed operations, below is a summary of operational limitations and conditions that the Petitioner will adhere to, and which will ensure a n equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS weighs less than 10 pounds, fully loaded. 2. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from the land owner/controller or authorized re presentative will be obtained for each flight operation. 3. All UAS operated under the Grant of Exemption will be identified by a serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CF R part 45, Subpart C. Markings will be as large as practicable. 4. The m inimum number of crew for each flight operation will consis t of a pilot, who will be Pilot i n Command (PIC ) of the UAS , and one or m ore Visual Observers (VO ) as necessary to safely conduct the mission.12

5. PICs shall possess at the very minimum a Private Pilot's Certificate and current Class III Medical Certificate. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
6. The UA S shall be operated within VLOS of the PIC and VO at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate. 7. The PIC and VO designated for any operation will be able to communicate verbally at all times. 8. Electronic messaging or texting by the PIC or VO will not be permitted at any time during fl ying operations. 9. The additional requirements identified in the Grant of Exemption shall be added to the Petitioner’s Operational Manual s. The Operational Manual s will be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and the Petit ioner’s Operational Manual s, the conditions and limitations in the Grant of Exemption shall take precedence and must be followed. Otherwise, the Petitioner shall follow the procedu res outlined in their Operational Manual s. 10. The Petitioner may update or revise its Operational Manual s. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon request. The Petitioner will also present updated and revised Operational Manual s if it petitions for an ex tension or amendment to its Grant of Exemption. If an update or revision would affect the basis upon which the FAA grants the exemption, the Petitioner will seek an amendment to its Grant of Exemption. The Petitioner will

contact the FAA’s UAS Integration Office (AFS

- 80) if any questions arise with regards to updates or other revisions to the operating documents. 11. The Petitioner’s Operational Manual s and its Grant of Exemption will be available to the PIC at the ground control station at any time the UAS is operating. 12. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 mi nutes. 13. The m aximum total flight time for each operational flight using the DJI Inspire 1 will be limited to 20 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25% ; whichever occurs first. 14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without prior written authorization and approval from the FAA. In the event of the structure being inspected exceeds 400 feet AGL, the U AS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally from the structure. 15. Flight operations must be conducted at least 500 feet from all non

- participating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect non

- participating persons from the UA and/or debris in the event of an accident. The operator must ensure that non

- particip ating persons remain under such protection. If a situation arises where non

- p articipating persons leave such protection and are within 500 feet of the U A, all fl ying operations must cease immediately and/or;

b. The aircraft is opera ted near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determi ned that it does not
pre sent an undue hazard, and;13 c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present a n undue hazard to those persons.

16. The UA S may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud o r when visibility is less than 3 statute miles from the PIC. 17. The UA S may not operate within 5 NM of an airport reference point as denoted on a current FAA

published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the Petitioner’s COA. The letter of agreement with the airport management will be made available to the Administrator upon request. 18. Prior to each flight the PIC shall inspect the UAS to confirm that it is in a good condition and safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items or equipment, not already covered in the relevant sections of the operational documents. The PIC shall

not operate the UAS if the inspection reveals a condition that will jeopardize the safe operation of the UAS until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The ground control station sha ll be included in the pre

- flight inspection. All maintenance and alternations must be properly documented in the UAS records as required by the Petitioner’s Operational Manual s. 19. The Petitioner will carry out its maintenance, inspections, and record keeping requirements in accordance with the Operational Manual s. Maintenance, inspection, and alterations will be noted in the UAS records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 20. Any UAS that has undergone maintenance or alterations that may impact on the UAS operation or flight characteristics (e.g., replacement of a flight critical component) must undergo a functional test flight in accordance with the Petitioner’s Operational Manual s. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and UAS record entry shall be included in the Petitioner’s Operational Manual s. 21. The UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins. 22. Prior to any flying operation, a Risk Assessment and Job Safety Assessment will b e conducted in accordance with the requirements o f the Petitioner’s Operational Manual s. 23. The Petitioner will obtai n an Air Traffic Organization (ATO ) issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any flying op erations under this Grant of Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 24. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate government agencies. 25. If the UAS loses communication with the pilot, it will have the capability to return to a pre

determined location within the operational area and land safely. 26. Contingency plans will be in place to safely terminate flight if there is a loss of communication between t he PIC and the VO

. 27. The PIC of the UAS will have the capability to safely abort a flight in the case of unpredicted obstacles or emergencies. 28. All PICs and VOs will have at least a current Class III Medical Certificate. 29. Prior to conducting operations for fil ming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS14

rotorcraft pilot ; and at least 10 hours logged as a UAS PIC with three take

- offs and three landin gs in the preceding 90 days flying the same or equivalent UAS model and type proposed for use by the Petitioner

. 30. Operations shall occur during daytime V isual Meteorological Conditions (VMC) ; flights unde r special visual flight rules (SVFR ) shall not be con ducted. 31. The UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 32. UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited. 33. The UAS will not be operated from an elevated platform or moving device/vehicle. 34. Before conducting operations, the radio frequency spectrum used for operation and control o f the UA will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.15

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil a ircraft, as the term is defined under § 40101 of the Act, including UAS

, from its safety re gulations and minimum standards when the Administrator decides a re quested exempt ion is in the public interest.

The Petitioner seeks an exemption from several interrelated pro visions of Title 14 of the Code of Federal Regulations (referred to as 14 C.F.R ) Parts 21, 27, 45, 61 and 91 for the purposes of conducting the requested flying operations using the DJI Inspire 1 UAS

. A list of specific parts and sections of 14 C.F.R. for which an exemption is sought by the Petitioner is provided in the table below.

Exemption Required Relevant Detail

C.F.R. 14 Part 21, Subpart H §21.171 Applicability.

This subpart prescribes procedural requirements for the issue of airworthiness certificates.

§21.173 Eligibility.

Any registered owner of a U.S.

- registered aircraft (or the agent of the owner) may apply for an airworthiness certificate for that aircraft. An application for an airworthiness certificate must be made in a form and manner acceptable t o the FAA, and may be submitted to any FAA office.

§21.175 Airworthiness certificates: classification.

(a) Standard airworthiness certificates are airworthiness certificates issued for aircraft type certificated in the normal, utility, acrobatic, commuter, or transport category, and for manned free balloons, and for aircraft designated by the FAA as special classes of aircraft.

(b) Special airworthiness certificates are primary, restricted, limited, light

- sport, and provisional airworthiness certificates, special flight permits, and experimental certificates.

§21.177 Amendment or modification.

An airworthiness certificate may be am ended or modified only upon application to the FAA.

§21.179 Transferability.

An airworthiness certificate is transferred with the aircraft.

§21.181 Duration.

(a) Unless sooner surrendered, suspended, revoked, or a termination date is otherwise establis hed by the FAA, airworthiness certificates are effective as follows:

(1) Standard airworthiness certificates, special airworthiness certificates

— primary category, and airworthiness certificates issued for restricted or limited category aircraft are effecti ve as long as the maintenance, preventive maintenance, and alterations are performed in accordance with Parts 43 and 91 of this chapter and the aircraft are registered in the Unite d States.

(2) A special flight permit is effective for the period of time sp ecified in the permit.

(3) A special airworthiness certificate in the light

- sport category is effective as long as

—

(i) The aircraft meets the definition of a light

- sport aircraft;

(ii) The aircraft conforms to its original configuration, except for those alterations performed in accordance with an16 applicable consensus standard and authorized by the aircraft's manufacturer or a person acceptable to the FAA;

(iii) The aircraft has no unsafe condition and is not likely to develop an unsafe condition; and

(iv) The aircraft is registered in the United States.

(4) An experimental certificate for research and development, showing compliance with regulations, crew training, or market surveys is effective for 1 year after the date of issue or renewal unless the FAA prescribes a shorter period. The duration of an experimental certificate issued for operating amateur

- built aircraft, exhibition, air

- racing, operating primary kit

- built aircraft, or operating light

- sport aircraft is unlimited, unless the FAA establishes a specific period for good cause.

(b) The owner, operator, or bailee of the aircraft must, upon request, make it available for inspection by the FAA.

(c) Upon suspension, revocation, or termination by order of the FAA of an airworthiness certificate, the ow ner, operator, or bailee of an aircraft must, upon request, surrender the certificate to the FAA.

§21.182 Aircraft identification.

(a) Except as provided in paragraph (b) of this section, each applicant for an airworthiness certificate under this subpart must show that his aircraft is identified as prescribed in §45.11.

(b) Paragraph (a) of this section does not apply to applicants for the following:

(1) A special flight permit.

(2) An experimental certificate for an aircraft not issued for the purpose of operating amateur

- built aircraft, operating primary kit

- built aircraft, or operating light

- sport aircraft.

(3) A change from one airworthiness classification to another, for an aircraft already identified as prescribed in §45.11.

§21.183 Issue of standa rd airworthiness certificates for normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; and special classes of aircraft.

(a) New aircraft manufactured under a production certificate. An applicant for a standard airwor thiness certificate for a new aircraft manufactured under a production certificate is entitled to a standard airworthiness certificate without furthe r showing, except that the FAA may inspect the aircraft to determine conformity to the type design and cond ition for safe operation.

(b) New aircraft manufactured under type certificate. An applicant for a standard airworthiness certificate for a new aircraft manufactured under a type certificate is entitled to a standard airworthiness certificate upon presenta tion, by the holder or licensee of the type certificate, of the statement of conformity prescribed in §21.130 if the FAA finds after inspection that the aircraft conforms to the type design and is in condition for safe operation.

(c) Import aircraft. An applicant for a standard airworthiness certificate for an import aircraft is entitled to that certificate if

—

(1) The aircraft is type certificated in accordance with §21.21 or §21.29 and produced under the authority of another State of Manufacture;

(2) Th e State of Manufacture certifies, in accordance with the export provisions of an agreement with the United States for import of that aircraft, that the aircraft conforms to the type design and is in condition for safe operation; and

(3) The FAA finds that the aircraft conforms to the type design and is in condition for safe operation.

(d) Used aircraft and surplus aircraft of the U.S. Armed Forces. An applicant for a standard airworthiness certificate for a used aircraft or surplus aircraft of the U.S. Arme d Forces is entitled to a standard airworthiness certificate if

—

(1) The applicant presents evidence to the FAA that the aircraft conforms to a type design approved under a type certificate or a supplemental type certificate and to applicable Airworthiness Directives;

(2) The aircraft (except an experimentally certificated aircraft that previously had been issued a different airworthiness certificate under this section) has been inspected in accordance with the performance rules for 100

- hour inspections set forth17 in §43.15 of this chapter, or an equivalent performance standard acceptable to the FAA, and found airworthy by

—

(i) The manufacturer;

(ii) The holder of a repair station certificate as provided in Part 145 of this chapter;

(iii) The holder of a mech anic certificate as authorized in Part 65 of this chapter; or

(iv) The holder of a certificate issued under part 121 of this chapter, and having a maintenance and inspection organization appropriate to the aircraft type; and

(3) The FAA finds after inspection, that the aircraft conforms to the type design, and is in condition for safe operation.

(e) Noise requirements. Notwithstanding all other provisions of this section, the following must be complied with for the original issuance of a standard air worthiness certificate:

(1) For transport category large airplanes and jet (turbojet powered) airplanes that have not had any flight time before the dates specified in §36.1(d), no standard airworthiness certificate is originally issued under this section unless the FAA finds that the type design complies with the noise requirements in §36.1(d) in addition to the applicable airworthiness requirements in this section. For import airplanes, compliance with this paragraph is shown if the country in which the

a irplane was manufactured certifies, and the FAA finds, that §36.1(d) (or the applicable airplane noise requirements of the country in which the airplane was manufactured and any other requirements the FAA may prescribe to provide noise levels no greater th an those provided by compliance with §36.1(d)) and paragraph (c) of this section are complied with.

(2) For normal, utility, acrobatic, commuter, or transport category propeller driven small airplanes (except for those airplanes that are designed for “agri cultural aircraft operations” (as defined in §137.3 of this chapter, as effective on January 1, 1966) or for dispensing fire fighting materials to which §36.1583 of this chapter does not apply) that have not had any flight time before the applicable date s pecified in part 36 of this chapter, no standard airworthiness certificate is originally issued under this section unless the applicant shows that the type design complies with the applicable noise requirements of part 36 of this chapter in addition to the applicable airworthiness requirements in this section. For import airplanes, compliance with this paragraph is shown if the country in which the airplane was manufactured certifies, and the FAA finds, that the applicable requirements of part of this chapt er (or the applicable airplane noise requirements of the country in which the airplane was manufactured and any other requirements the FAA may prescribe to provide noise levels no greater than those provided by compliance with the applicable requirements o f part 36 of this chapter) and paragraph (c) of this section are complied with.

(f) Passenger emergency exit requirements. Notwithstanding all other provisions of this section, each applicant for issuance of a standard airworthiness certificate for a trans port category airplane manufactured after October 16, 1987, must show that the airplane meets the requirements of §25.807(c)(7) in effect on July 24, 1989. For the purposes of this paragraph

, the date of manufacture of an airplane is the date the inspectio n acceptance records reflect that the airplane is complete and meets the FAA

- approved type design data.

(g) Fuel venting and exhaust emission requirements. Notwithstanding all other provisions of this section, and irrespective of the date of application, n o airworthiness certificate is issued, on and after the dates specified in part 34 for the airplanes specified therein, unless the airplane complies with the applicable requirements of that part.

(h) New aircraft manufactured under the provisions of §21.6( b). An applicant for a standard airworthiness certificate for a new aircraft manufactured under the provisions of §21.6(b) is entitled to a standard airworthiness certificate if

—

(1) The applicant presents evidence to the FAA that the aircraft conforms to a type design approved under a type certificate or supplemental type certificate and to applicable Airworthiness Directives;

(2) The aircraft has been inspected in accordance with the performance rules for a 100

- hour inspections set forth in §43.15 of this chapter and found airworthy by a person specified in paragraph (d)(2) of this section; and

(3) The FAA finds after inspection, that the aircraft conforms to the type design, and is in condition for safe operation.

§21.184 Issue of special airworthiness certificates for primary category aircraft.

(a) New primary category aircraft manufactured under a production certificate. An applicant for an original, special airworthiness certificate

- primary category for a new aircraft that meets the criteria of §21.24 (a)(1), manufactured under a production certificate, including aircraft assembled by another person from a kit provided by the holder of the production certificate and under the supervision and quality control of that holder, is entitled to a special airwo rthiness certificate without further showing, except that the FAA may inspect the aircraft to determine conformity to the type design and condition for safe operation.18 (b) Imported aircraft. An applicant for a special airworthiness certificate

- primary cate gory for an imported aircraft type certificated under §21.29 is entitled to a special airworthiness certificate if the civil airworthiness authority of the country in which the aircraft was manufactured certifies, and the FAA finds after inspection, that t he aircraft conforms to an approved type design that meets the criteria of §21.24(a)(1) and is in a condition for safe operation.

(c) Aircraft having a current standard airworthiness certificate. An applicant for a special airworthiness certificate

primary category, for an aircraft having a current standard airworthiness certificate that meets the criteria of §21.24(a)(1), may obtain the primary category certificate in exchange for its standard airworthiness certificate through the supplemental type certifi cation process. For the purposes of this paragraph, a current standard airworthiness certificate means that the aircraft conforms to its approved normal, utility, or acrobatic type design, complies with all applicable airworthiness directives, has been ins pected and found airworthy within the last 12 calendar months in accordance with §91.409(a)(1) of this chapter, and is found to be in a condition for safe operation by the FAA.

(d) Other aircraft. An applicant for a special airworthiness certificate

- primar y category for an aircraft that meets the criteria of §21.24(a)(1), and is not covered by paragraph (a), (b), or (c) of this section, is entitled to a special airworth iness certificate if

—

(1) The applicant presents evidence to the FAA that the aircraft co nforms to an approved primary, normal, utility, or acrobatic type design, including compliance with all applicable airworthiness directives;

(2) The aircraft has been inspected and found airworthy within the past 12 calendar months in accordance with §91.4 09(a)(1) of this chapter and;

(3) The aircraft is found by the FAA to conform to an approved type design and to be in a condition for safe operation.

(e) Multiple

- category airworthiness certificates in the primary category and any other category will not b e issued; a primary category aircraft may hold only one airworthiness certificate.

§21.185 Issue of airworthiness certificates for restricted category aircraft.

(a) Aircraft manufactured under a production certificate or type certificate. An applicant fo r the original issue of a restricted category airworthiness certificate for an aircraft type certificated in the restricted category, that was not prev iously type certificated in any other category, must comply with the appropriate provisions of §21.183.

( b) Other aircraft. An applicant for a restricted category airworthiness certificate for an aircraft type certificated in the restricted category, that was either a surplus aircraft of the Armed Forces or previously type certificated in another catego ry, is entitled to an airworthiness certificate if the aircraft has been inspected by the FAA and found by him to be in a good state of preservation and repair and in a condition for safe operation.

(c) Import aircraft. An applicant for the original issue of a s pecial airworthiness certificate for a restricted category import aircraft is entitled to that certificate if

—

(1) The aircraft is type

- certificated in accordance with §21.25 or §21.29 and produced under the authority of another State of Manufacture;

(2) The State of Manufacture certifies, in accordance with the export provisions of an agreement with the United States for import of that aircraft that the aircraft conforms to the type design and is in condition for safe operation; and

(3) The FAA finds that the aircraft conforms to the type design and is in condition for safe operation.

(d) Noise requirements. For propeller

- driven small airplanes (except airplanes designed for “agricultural aircraft operations,” as defined in §137.3 of this chapter, as effec tive on January 1, 1966, or for dispensing fire fighting materials) that have not had any flight time before the applicable date specified in Part 36 of this chapter, and notwithstanding the other provisions of this section, no original restricted category airworthiness certificate is issued under this section unless the FAA finds that the type design complies with the applicable noise requirements of Part 36 of this chapter in addition to the applicable airworthiness requirements of this section. For impor t airplanes, compliance with this paragraph is shown if the country in which the airplane was manufactured certifies, and the FAA finds, that the applicable requirements of Part 36 of this chapter (or the applicable airplane noise requirements of the count ry in which the airplane was manufactured and any other requirements the FAA may prescribe to provide noise levels no greater than those provided by compliance with the applicable requirements of Part 36 of this chapter) and paragraph (c) of this section a re complied with.

§21.187 Issue of multiple airworthiness certification.

(a) An applicant for an airworthiness certificate in the restricted category, and in one or more other categories except primary category, is entitled to the certificate, if

—19 (1) He shows compliance with the requirements for each category, when the aircraft is in the configuration for that category; and

(2) He shows that the aircraft can be converted from one category to another by removing or adding equipment by simple mechanical me ans.

(b) The operator of an aircraft certificated under this section must have the aircraft inspected by the FAA, or by a certificated mechanic with an appropriate airframe rating, to determine airworthiness each time the aircraft is converted fro m the res tricted category to another category for the carriage of passengers for compensation or hire, unless the FAA finds this unnecessary for safety in a particular case.

(c) The aircraft complies with the applicable requirements of part 34.

§21.189 Issue of a irworthiness certificate for limited category aircraft.

(a) An applicant for an airworthiness certificate for an aircraft in the limited category is entitled to the certificate when

—

(1) He shows that the aircraft has been previously issued a limited categ ory type certificate and that the aircraft conforms to that type certificate; and

(2) The FAA finds, after inspection (including a flight check by the applicant), that the aircraft is in a good state of preservation and repair and is in a condition for saf e operation.

(b) The FAA prescribes limitations and conditions necessary for safe operation.

§21.190 Issue of a special airworthiness certificate for a light

- sport category aircraft.

(a) Purpose. The FAA issues a special airworthiness certificate in the light

- sport category to operate a light

- sport aircraft, other than a gyroplane.

(b) Eligibility. To be eligible for a special airworthiness certificate in the light

- sport category:

(1) An applicant must provide the FAA with

—

(i) The aircraft's operating in structions;

(ii) The aircraft's maintenance and inspection procedures;

(iii) The manufacturer's statement of compliance as described in paragraph (c) of this section; and

(iv) The aircraft's flight training supplement.

(2) The aircraft must not have been previously issued a standard, primary, restricted, limited, or provisional airworthiness certificate, or an equivalent airworthiness certificate issued by a foreign civil aviation authority.

(3) The aircraft must be inspected by the FAA and found to be in a condition for safe operation.

(c) Manufacturer's statement of compliance for light

- sport category aircraft. The manufacturer's statement of compliance required in paragraph (b)(1)(iii) of this section must

—

(1) Identify the aircraft by make and model, se rial number, class, date of manufacture, and consensus standard used;

(2) State that the aircraft meets the provisions of the identified consensus standard;

(3) State that the aircraft conforms to the manufacturer's design data, using the manufacturer's qu ality assurance system that meets the identified consensus standard;

(4) State that the manufacturer will make available to any interested person the following documents that meet the identified consensus standard:20 (i) The aircraft's operating instructions

.

(ii) The aircraft's maintenance and inspection procedures.

(iii) The aircraft's flight training supplement.

(5) State that the manufacturer will monitor and correct safety

- of

- flight issues through the issuance of safety directives and a continued airwort hiness system that meets the identified consensus standard;

(6) State that at the request of the FAA, the manufacturer will provide unrestricted access to its facilities; and

(7) State that the manufacturer, in accordance with a production acceptance test procedure that meets an applicable consensus standard has

—

(i) Ground and flight tested the aircraft;

(ii) Found the aircraft performance acceptable; and

(iii) Determined that the aircraft is in a condition for safe operation.

(d) Light

- sport aircraft manu factured outside the United States. For aircraft manufactured outside of the United States to be eligible for a special airworthiness certificate in the light

- sport category, an applicant must meet the requirements of paragraph (b) of this section and prov ide to the FAA evidence that

—

(1) The aircraft was manufactured in a country with which the United States has a Bilateral Airworthiness Agreement concerning airplanes or Bilateral Aviation Safety Agreement with associated Implementation Procedures for Airw orthiness concerning airplanes, or an equivalent airworthiness agreement; and

(2) The aircraft is eligible for an airworthiness certificate, flight authorization, or other similar certification in its country of manufacture.

§21.191 Experimental certific ates.

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, fligh ts to substantiate ma

jor design changes, and flights to show compliance with the function and reliability requirements of the regulations.

(c) Crew training. Training of the applicant's flight crews.

(d) Exhibition. Exhibiting the aircraft's flight capabilities, performance, or unusual characteristics at air shows, motion picture, television, and similar productions, and the maintenance of exhibition flight proficiency, including (for persons exhibiting aircraft) flying to and from such air shows and productions.

(e) Air racin g. Participating in air races, including (for such participants) practicing for such air races and flying to and from racing events.

(f) Market surveys. Use of aircraft for purposes of conducting market surveys, sales demonstrations, and customer crew trai ning only as provided in §21.195.

(g) Operating amateur

- built aircraft. Operating an aircraft the major portion of which has been fabricated and assembled by persons who undertook the construction project solely for their own education or recreation.

(h) O perating primary kit

- built aircraft. Operating a primary category aircraft that meets the criteria of §21.24(a)(1) that was assembled by a person from a kit manufactured by the holder of a production certificate for that kit, without the supervision and qu ality control of the production certificate holder under §21.184(a).21 (i) Operating light

- sport aircraft. Operating a light

- sport aircraft that

—

(1) Has not been issued a U.S. or foreign airworthiness certificate and does not meet the provisions of §103.1 o f this chapter. An experimental certificate will not be issued under this paragraph for these aircraft after January 31, 2008;

(2) Has been assembled

—

(i) From an aircraft kit for which the applicant can provide the information required by §21.193(e); and

(ii) In accordance with manufacturer's assembly instructions that meet an applicable consensus standard; or

(3) Has been previously issued a special airworthiness certificate in the light

- sport category under §21.190.

§21.193 Experimental certificates: g eneral.

An applicant for an experimental certificate must submit the following information:

(a) A statement, in a form and manner prescribed by the FAA setting forth the purpose for which the aircraft is to be used.

(b) Enough data (such as photographs) to identify the aircraft.

(c) Upon inspection of the aircraft, any pertinent information found necessary by the FAA to safeguard the general public.

(d) In the case of an aircraft to be used for experimental purposes

—

(1) The purpose of the experiment;

(2) T he estimated time or number of flights required for the experiment;

(3) The areas over which the experiment will be conducted; and

(4) Except for aircraft converted from a previously certificated type without appreciable change in the external configuratio n, three

- view drawings or three

- view dimensioned photographs of the aircraft.

(e) In the case of a light

- sport aircraft assembled from a kit to be certificated in accordance with §21.191(i)(2), an applicant must provide the following:

(1) Evidence that an aircraft of the same make and model was manufactured and assembled by the aircraft kit manufacturer and issued a special airworthiness certificate in the light

- sport category.

(2) The aircraft's operating instructions.

(3) The aircraft's maintenance and in spection procedures.

(4) The manufacturer's statement of compliance for the aircraft kit used in the aircraft assembly that meets §21.190(c), except that instead of meeting §21.190(c)(7), the statement must identify assembly instructions for the aircraft t hat meet an applicable consensus standard.

(5) The aircraft's flight training supplement.

(6) In addition to paragraphs (e)(1) through (e)(5) of this section, for an aircraft kit manufactured outside of the United States, evidence that the aircraft kit was manufactured in a country with which the United States has a Bilateral Airworthiness Agreement concerning airplanes or a Bilateral Aviation Safety Agreement with associated Implementation Procedures for Airworthiness concerning airplanes, or an equivalent airworthiness agreement.

§21.195 Experimental certificates: Aircraft to be used for market surveys, sales demonstrations, and customer crew training.

(a) A manufacturer of aircraft manufactured within the United States may apply for an experimental cert ificate for an22 aircraft that is to be used for market surveys, sales demonstrations, or customer crew training.

(b) A manufacturer of aircraft engines who has altered a type certificated aircraft by installing different engines, manufactured by him within the United States, may apply for an experimental certificate for that aircraft to be used for market surveys, sales demonstrations, or customer crew training, if the basic aircraft, before alteration, was type certifica ted in the normal, acrobatic, commute r, or transport category.

(c) A person who has altered the design of a type certificated aircraft may apply for an experimental certificate for the altered aircraft to be used for market surveys, sales demonstrations, or customer crew training if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, or transport category.

(d) An applicant for an experimental certificate under this section is entitled to that certificate if, in addition to meeting the requirements of §21.193

—

(1) He has established an inspection and maintenance program for the continued airworthiness of the aircraft; and

(2) The applicant shows that the aircraft has been flown for at least 50 hours, or for at least 5 hours if it is a type certificated aircraft which has been modified. The FAA may reduce these operational requirements if the applicant provides adequate justification.

§21.197 Special flight permits.

(a) A special flight permit may be issued for an aircraft that may not currently meet a pplicable airworthiness requirements but is capable of safe flight, for the following purposes:

(1) Flying the aircraft to a base where repairs, alterations, or maintenance are to be performed, or to a point of storage.

(2) Delivering or exporting the airc raft.

(3) Production flight testing new production aircraft.

(4) Evacuating aircraft from areas of impending danger.

(5) Conducting customer demonstration flights in new production aircraft that have satisfactorily completed production flight tests.

(b) A special flight permit may also be issued to authorize the operation of an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appro priate fuel is not available. The excess weight that may be authorized under this paragraph is limited to the additional fuel, fuel

- carrying facilities, and navigation equipment necessary for the flight.

(c) Upon application, as prescribed in §§91.1017 or 119.51 of this chapter, a special flight permit with a continuing authorization may be issued for aircraft that may not meet applicable airworthiness requirements, but are capable of safe flight for the purpose of flying aircraft to a base where maintenanc e or alterations are to be performed. The permit issued under this paragraph is an authorization, including conditions and limitations for flight, which is set forth in the certific ate holder's operations specifications. The permit issued under this paragr aph may be issued to

—

(1) Certificate holders authorized to conduct operations under part 119 of this chapter, that have an approved program for continuing flight authorization; or

(2) Management specification holders authorized to conduct operations under part 91, subpart K of this chapter for those aircraft they operate and maintain under a continuous airworthiness maintenance program prescribed by §91.1411 of this chapter.

§21.199 Issue of special flight permits.

(a) Except as provided in §21.197(c), a n applicant for a special flight permit must submit a statement in a form and manner prescribed by the FAA, indicating

—

(1) The purpose of the flight.

(2) The proposed itinerary.23 (3) The crew required to operate the aircraft and its equipment, e.g., pilot, co

- pilot, navigator, etc.

(4) The ways, if any, in which the aircraft does not comply with the applicable airworthiness requirements.

(5) Any restriction the applicant considers necessary for safe operation of the aircraft.

(6) Any other information consi dered necessary by the FAA for the purpose of prescribing operating limitations.

(b) The FAA may make, or require the applicant to make appropriate inspections or tests necessary for safety.

14 C.F.R. §21.191 (a) and (b) §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 aircra ft.

(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, fligh ts to substan tiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.

14 C.F.R. Part 27 Part 27 prescribes, in pertinent part, the airworthiness standards for the issuance of type certificates for n ormal category rotorcraft with maximum weights of 7,000 pounds or less and nine or less passenger seats. 14 C.F.R. §45.23 (b) §45.23 Display of marks; general.

(b) When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircra ft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable.

14 C.F.R. §45.27 (a) §45.27 Location of marks; nonfixed

- wing aircraft.

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.

14 C.F.R. §61.113 §61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any busines s 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.

(c) A private pilot may not pay less than the pro rata share of the operating expense s of a flight with passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental fees.

(d) A private pilot may act as pilot in command of a charitable, nonprofit, or community event flight described in24 §91.146, if the sponsor an d pilot comply with the requirements of §91.146.

(e) A private pilot may be reimbursed for aircraft operating expenses that are directly related to search and location operations, provided the expenses involve only fuel, oil, airport expenditures, or renta l fees, and the operation is sanctioned and under the direction and control of:

(1) A local, State, or Federal agency; or

(2) An organization that conducts search and location operations.

(f) A private pilot who is an aircraft salesman and who has at least 200 hours of logged flight time may demonstrate an aircraft in flight to a prospective buyer.

(g) A private pilot who meets the requirements of §61.69 may act as a pilot in command of an aircraft towing a glider or unpowered ultralight vehicle.

(h) A priv ate pilot may act as pilot in command for the purpose of conducting a production flight test in a light

- sport aircraft intended for certification in the light

- sport category under §21.190 of this chapter, provided that

—

(1) The aircraft is a powered parach ute or a weight

- shift

- control aircraft;

(2) The person has at least 100 hours of pilot

- in

- command time in the category and class of aircraft flown; and

(3) The person is familiar with the processes and procedures applicable to the conduct of production fli ght testing, to include operations conducted under a special flight permit and any associated operating limitations.

14 C.F.R. §91.7 (a) §91.7 Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

14 C.F.R. §91.9 (b)(2) and (c) §91.9 Civil aircraft flight manual, marking, and placard requirements.

(b) No person may operate a U.S.

- registered civil aircraft

—

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any com bination thereof.

(c) No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

14 C.F.R. §91.103 §91.103 Preflight action.

Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragr aph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope,25 aircraft gross weight, and wind and temperature.

14 C.F.R. §91.109 (a) §91.109 Flight instruction; Simulated instrument flight and certain flight tests.

(a) No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls . However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, du al controls, when

—

(1) The instructor has determined that the flight can be conducted safely; and

(2) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.

14 C.F.R. §91.119 (b) and (c) §91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or
structure.

14 C.F.R. §91.121 (a) §91.121 Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the ca se may be, by reference to an altimeter that is set, when operating

—

(1) Below 18,000 feet MSL, to

—

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within th e area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate al timeter setting available before departure.

14 C.F.R. §91.151 (a) §91.151 Fuel requirements for flight in VFR conditions.

(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 of intended landing and, assuming normal cruising speed

—

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

14 C.F.R. §91.209 (a) and ( b) §91.203 Civil aircraft: Certifications required.26 (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under §21.197(c) of t his chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under §21.197(c), or an authorization under §91.611) must have on it the registration number assig ned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthi ness certificate h aving on it an assigned special identification number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards district office.

(2) An effective U.S. registration certificate issued to its owner or, for operat ion within the United States, the second copy of the Aircraft registration Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign country.

(b) No person may operate a civil aircraft unless the airworthi ness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to
passengers or crew.

14 C.F.R. §91.405 §91.405 Maintenance required.

Each owner or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as pres cribed in part 43 of this chapter;

14 C.F.R. §91.407 §91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

(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 §43.7 of this chapter;

14 C.F.R. §91.409 §91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraf t unless, within the preceding 12 calendar months, it has had

—

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or

(2) An inspection for the iss uance of an airworthiness certificate in accordance with part 21 of this chapter.

No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records.

C.F.R. 14 §91.417 (a) and (b) §91.417 Maintenance records.

(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) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or ap proved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

—27 (i) A description (or reference to data acceptable to the Administrator) of the work p erformed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each 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 sta tus of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the ne xt 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 recor ds for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) o f this section shall be retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the air craft is approved for return to service.

The sp ecific parts and sections of 14 C.F.R for which exemption is sought by the Petitioner and the operating procedures and safeguards that the Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemptio n is sought are described below. The exemptions and the categories to which they app ly have been broken into three sections:

 Unmanned Aircraft System (A, B,C,D & E);

 Pilot

- In

- Command of the UAS (F ); an d,

 Operating Parameters of the UAS (G, H, I, J, K, L & M).

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthine ss Certificate s and 14 C.F.R. § 91.203(a)(1)(2)(b)

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals.28

Section 91.203(a) prohibits, in pertinent part, any person from op erating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Re gistration Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate or a special flig ht authorization issued under § 91.715 is displayed at t he cabin or cockpit entrance so that it is legible to passengers or crew.

The FAA has stated previously that no exemption is needed from th is section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety wh en compared to aircraft normally used for the same applicati on. These criteria are met, and therefore no exemption is needed. If the FAA determines that there are some characteristics of the chosen UAS that fail to meet the req uirements of the Reform Act, an exemption is requested for 14 C.F.R. Part 21, Subpart H and 14 C.F.R. § 91.203(a)(1)(2)(b)

. Equivalent Level of Safety

The Petitioner’s use of the DJI Inspire 1 is safe when taking into account its size, weight, speed, and

o perational capability and comparing it a conventional manned fixed

- wing aircraft or helicopter performing similar flying operations . As set forth in the description of the proposed operations in Section IV (A) by the Petitioner , the DJI Inspire 1 weighs le ss than 10 pounds, including payload and will not be fl own at a ground speed in excess of 50 knots. This UAS is also equipped with safety feature s that will allow the Petitioner to operate the UAS safely in the event of experienc ing any in

- flight contingencies or failures. In addition, the Petitioner intends to attach a parachute system to the UAS in the event of unexpected in

- flight motor failure, and provides an additional level of safety which is beyond what could be reasonably expected of large r manned fixed

- wing aircraft or helicopters performing similar flying operations and undergoing an equivalent in

- flight failure.

All flying o perations conducted under this exemption will be clos ely controlled and monitored by the operator and will be cond ucted in compliance with local public safety requirements, to provide additional security for the area of operation. The Petitioner will al so provide the FAA with advance notice of all operations via NOTAMs as required by the applicab le COA. In all cases, operation of the DJI Inspire 1 under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate.

Lastly, the UAS do es not need a means to communic ate with other aircraft or ATC, b ecause those capabilities will be possessed by the PIC and VO , who are not on

- board the UAS

. In addition, no sense

- and

- avoid technology is necessary for the UAS because it will be operated at all times in VFR conditions and within VLOS of the PIC and Operator.

B. 14 C.F.R. §21.191 (a) and (b): Research and Development & Showing Compliance with Regulations

Section 21.191 (a) and (b) outlines in pertinent part, that experi mental 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.29

The Petitioner seeks an exemption in relation to the research and development requirements contained in 14 C.F.R. §21.191 (a) and (b)

. The experimental certificate can be used for commercial purposes in terms of developing new operating techniques and precision sensing instruments to gather aerial imaging.

Equivalent Level of Safety

The UAS will not carry persons, fuel, and all operations will adhere to the flying restrictions and limitations referred to previously. All flights will be conducted in accordance with the Petitioner’s Operational Manuals and will require the PIC and VO at all times. The DJI Inspire 1 operated by the Petitioner weighs less than 10 pounds and is constructed primarily of carbon fibre and plastic. It is therefore proposed that this UAS will be at least as safe as

, and most likely safer than

, a conventional man ned fixed

- wing aircraf t or helicopter performing the equivalent aerial operations.

All flying operations will be performed by a PIC with a minimum Private Pilot Certificate and Class III Medical Certificate. Additionally all PICs must have logged a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot ; and at least 10 hours logged as a UAS PIC with three take

- offs and three landings in the preceding 90 days flying the same or equivalent UAS model and type proposed for use by the Petitioner. The Petitioner will also provide the FAA with advance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation of the DJI Inspire 1 under the proposed conditions will be at least as safe as, or safer th an, conventional rotorcraft operating with an airworthiness certificate.

C

. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Part 27 prescribes, in pertinent part, the airworthiness standards for the issuance of type certificates for n ormal category rotorcraft with maximum weights of 7,000 pounds or less and nine or less passenger seats. Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft.

To the extent that the Petitioner’s small UAS would otherwise require certification under Part 27, the Petitioner se eks an exemption from Part 27's deemed unsafe o r unnecessary to fly over. The P etitioner states further that the UAS has built

- in intelligent fault handling wh ich allows the DJI Inspire 1 to detect a system fault while in the air and automatically fly back to its take

- off location and land. Faults that can be detected include: loss of communication; exceeding pre

- set horizontal range and altitude thresholds; and

, low battery voltage levels.

Equivalent Level of Safety

The UAS will not carry persons, fuel, and all operations will adhere to the flying restrictions and limitations referred to previously. All flights will be conducted in accordance with the Petitioner ’s Operational Manuals and will require the PIC to operate with a VO present at all times. The DJI Inspire 1 operated by the Petitioner weighs less than 10 pounds and is constructed primarily of carbon fibre and plastic. In addition, the Petitioner intends to attach a parachute system to the UAS in the event of any unexpected in

- flight motor failures which will provide an additional level of safety to the flying operation.

All flight operations are global positioning syst em (GPS) controlled, making the system easy to navigate by the PIC . At any point if the PIC is not explicitly commanding the system to move, the system will automatically hold its GPS position in terms of vertical, lateral and horizontal position . The flig ht control system employs not only GPS positioning but additional sensors including vision positioning, sonar, barometric pressure, and battery temperature to ensure stability so long as wind thresholds are not exceeded.30

Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the PIC

. In all cases, operation of the DJI Inspire 1 under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airwo rthiness certificate.

D

. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Section 45.23(b) prescribes, in pertinent part, that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable.

Section 45.27 (a) prescribes, in pertinent part, that Each operator of a rotorcraft must display on that rotorcraft hor izontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.
Section 91.9 (c) states, in pertinent part, that no person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with par t 45 of this chapter.

The Petitioner seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91. 9(c), 45.23(b) and 45.27(a). In a previous Grant of Exemption, the FAA determine d that exemption from these requ irements was warranted provided that the aircraft "have ide ntification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable."

Equivalent Level of Safety

All UA S flown by the Petitioner will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. In all cases, operation of the DJI Inspire 1 under the proposed conditions will be at least as safe as, or safer than the equivalent conventional manned fixed

- wing aircraft or helicopters operating with an airworthiness certificate and performing similar flying operations to the Petitioner’s proposed UAS

.

E

. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b): Maintenance I nspections

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration u nless it has been approved for return to service by a person authorized under § 43.7 of the same chapter.

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

Section 91.417(a) and (b) prescribes, in pertinent part, that

—31 (a) Each registered owner or operator shall keep the following records for the per iods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (includ ing 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) of the work performed; and

(ii) The date of completion of the work perfo rmed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i ) The total time in service of the airframe, each engine, each 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 o n 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 a re maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring ac tion, 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 ope rator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.32

The Petitioner seeks an exemption from the maintenance inspe ction requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regul ations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each

owner or operator of an aircraft "[s] hall have the aircraft inspected as prescribed in subpart E of this part and sha ll between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter" ). An exem ption from these regulations is needed because Part 43 and these sections only apply to aircraft wit h an airworthiness certificate, which the UA S to be operated under this grant of exemption will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because m aintenance and inspections will be performed in accordance with the DJI Inspire 1 Manufacturer's Manua l and any required manufacturer Safety or Service Bulletins. Further, as required by the Petitioner’s Operational Manual s, the PIC will conduct a pre

- flight inspection of the UAS and all associat ed equipment to account for all discrepancies and/or inoperable components. Maintenance wi ll be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight critical components of the UAS have been found to be airworthy by the P IC or other qualified person as designated by the Petitioner, and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

critical components. As required by the Petitioner’s Operational Manual s , the PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight and will take responsibility for the airworthiness of the UAS

.
The Petitioner’s Operational Manual s also includes the requirement to follow the m anufacturer’s UAS aircraft/component, maintenance, overhaul, replacem ent, inspection, and life limit requirements for the following applicable components: motors, propellers, avionics and control surfaces (including ESCs), structures & airframe, camera sys tem, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, the Petitioner’s Operational Manual s also includes procedures to document and maintain a record of the UAS unscheduled maintenance, prevent ative maintenance, alterations, the status of replacement /overhaul component parts, and the total time in service of the UAS used under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in the Petitioner’s Operational Manual s ensure that an equivalent or higher level of safety will be achieved. In all cases, the level of maintenance required for the proposed DJI Inspire 1 UAS will be less complicated than a conventional manned fixed

- wing aircraft or helicopter and will allow for safe or at least as safe flying operations to occur.

PILOT

- IN

- COMMAND OF THE UAS

F

. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

The Petitioner seeks exemption from 14 CFR § 61.113, which rest ricts private pilot certificate holders from flying aircraft for compensation or hire, and wo uld also require a second class medical certificate.

Section 61.113(a) and (b) prescribes that

—

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft

t hat is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:33 (1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or pro perty for compensation or hire.

The purpose of Part 61 is to ensure that the skill and competency o f any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as part of a commercial operation, it carries neither
pas sengers nor cargo. In the Grant of Exemption to Astraeus Aerial12, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions with requiring the PIC to have a Commercial Pilot C ertificate and Class II Medical Certificate. The fulfilment of the additional requirements for a pr ivate pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are invo lved.

Equivalent Level of Safety

The restrictions the Petitioner has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in the ir Grant of Exemption

. The Petitioner will operat e on private property away from persons and property not involved in the operation. The Petitioner will also obtain an ATO issued COA prior to conducting any operations under this Grant of Ex emption. All operations will be conducted in accordance with airspace requirements in the ATO iss ued COA includi ng class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, the Petitioner will f urther ensure safe operation by requir ing that any PIC be thoroughly versed not only in ai rspace and communication issues pertaining to all aircraft operators but also in the unique aspects of UAS flight. As set forth in the Operational Manual s, pilots will have experience not only in UAS oper ations generally but have logged flight time in the specific make and model of UAS used for the operations before they are permitted to participate in commercial flights on behalf of the Petitioner . The pilot qualification, training, and currency requireme nts in the Operational Manual s ensure that the Petitioner’s pilots are competent and proficient in the UAS they are operating. The Petitioner’s training and qualification requirements are consistent with those contained in prior FAA S ection 333 Grants of
E xemption, and will provide a higher level of competency and proficiency fo r its pilots to ensure at least an equivalent level of safety.

Furthermore the Petitioner’s core team members who will plan, lead and in most cases execute flying operations with the DJI Inspire 1 UAS have a collective aviation experience well in excess of the Private Pilot Certificate. Any future PICs employed by the Petitioner will need to satisfy the minimum requirements in terms of UAS flying experience. This includes a requirement for all new PICs to have logged a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot . In the event that a future PIC does not have experienc e on the DJI Inspire 1 UAS, they will be required to have logged at least 10 hours as PIC with three take

- offs and three landings in the preceding 90 days flying the same or equivalent UAS model and type proposed for use by the Petitioner before they will be authorised to conduct any flying operations

. This will ensure an added level of safety and experience in addition to the knowledge and experience they would be expected to have as a pilot of a manned fixed

- wing aircraft or helicopter.34

OPERATING PARAMETERS OF THE UAS

G

. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condition.

The Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exempt ion is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. Ac cordingly, the Petitioner requests that the requirements for § 91.7(a ) be treated in accordance with 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)(2)(b) as previously outlined in Section A.

Equivalent Level of Saf

ety

The Petitioner requests that the requirements for § 91.7(a) be treated in accordance with 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)(2)(b) as previously outlined in Section A.

H

. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying C ivil Aircraft Certification and Registration

Section 91.9(b)(2) prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a

curr ent approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appr opriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Registration Application as provided for in § 47.31(c). Sectio n 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passe ngers or crew.

The Petitioner seeks an exemption from 14 C.F.R. Section 91.9(b)(2) and Section 91.203(a)

. Given the small size and configuration of the UAS

, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is no practical room and the UAS has no cabin or cockpit to do so

. Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the PIC of the UAS has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the PIC has acces s to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the docum ents at the ground control station from which he or she is piloting the UAS

. The Petitioner requires all employed PIC to keep copies of the Operational Manuals provided in the Appendices and submitted as separate documents when performing UAS flying operat ions. It is through this requirement that the Petitioner will meet an equivalent level of safety to that of conventional manned fixed

-35

wing aircraft and helicopters, and in certain circumstances will even exceed this level of safety by having the ability to ground the UAS prior to making any reference to Operational Manuals

.

I

. 14 C.F.R. § 91.103: Pre

- flight Action

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available inf ormation concerning that flight, to include

—
(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffi c delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraf t Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appro priate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

The Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, includi ng information contained in the FAA

- approved Flight Manual on board the aircraft and , for example, relating to takeoff and landing distance information . While th e PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

- approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by followin g the Petitioner’s Operational Manual s and the DJI Inspire 1 Manufacturer's Manual. The PIC will perform a s eries of checklists designed to identify any defects or inoperable components in accordance with the Petitioner’s Operational Manual s, including che cklists covering Pre

- Flight, Launch, Landi ng, and Post

- Flight procedures. The PIC will also be required to review weather, flight requirements, battery ch arge, landing and take

- off distance, UA S performance data, and contingency lan ding areas before the in itiation of flight. The Petitioner’s Operational Manual s and the Manufacturer's Ma nual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS

. Additionally the PIC will be required to conduct a formal Risk Assessment and Job Safety Assessment in line with the Petitioner’s Operational Manuals as part of the flight planning process. These planning processes are additional to what would be expected of a pilot holding a Private Pilot Certificate and act to exceed the level of safety when conducting UAS flying operations in comparison with operations using conventional manned fixed

- wing aircraft or helicopters.

J

. 14 C.F.R. § 91.109(a): Flight Instruc tion

Section 91.109 prescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.36

The Petitioner seeks an exemp tion from 14 C.F.R. § 91.109(a ). The UAS operated by the Petitioner by design does not have functional dual contr ols. Instead, flight control is accomplished through the use of a device that communica tes with the aircraft via radio communications. Accordin gly, an exemption will be requ ired for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Due to the size , weight and speed of the UAS that the Petitioner intends to use, an equivalent level of safe training can still be performed without dual controls bec ause no pilot or passengers are aboard the UAS , and as required by the Petitioner’s Operational Manual s, all persons will be located at a safe distance away in the event that the UAS experiences any difficulties during flig ht instruction.

Furthermore , as required by the Petitioner’s Operational Manual s, all fl ight training will be conducted in a controlled and sterile environment. As a whole, the sa fety procedures provided for in the Petitioner’s Operational Manual s en sure that the proposed UAS oper ations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.

All future PIC operating on behalf of the Petitioner will be required to have logged a minimum of 200 flight
cy cles and 25 hours total time as a UAS rotorcraft pilot . The equivalent level of safety to that expected for operations involving conventional manned fixed

- wing aircraft or helicopters can reasonably be met or exceeded by the fact that any new PICs who unde rgo training with the Petitioner will already hold as a minimum a Private Pilot Certificate and considerable UAS experience. Furthermore, it could be stated that the level of situational awareness of a PIC

- in

- training and the instructing PIC would be expec ted to be greater than that of pilots

- in

- training and instructing pilots operating conventional manned fixed

- wing aircraft or helicopters.

K

. 14 C.F.R. § 91.119 (b) and (c): Minimum Safe Altitudes

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

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude o f 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight

- shift

- con trol aircraft. If the operation is conducted without hazard to persons or property on the surface

—
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.37

The Petitioner seeks an exemp tion from 14 C.F.R. § 91.119 (b) and (c). Section 91.119 prescribes the minimum safe alt itudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes w hen it can be operated

" without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA ."

Relief from § 91.119(a) will not be necessary because the Petitioner will be able to perform an emergency landing without undue haza rd to persons or property on the ground in the event of a failure. The Petitioner's proposed UAS operations may at times occur over congested areas, and therefore an exemption from § 91.119(b) is also required

. An exemption is required because the propos ed UAS o perations will normally need to occur below 400 feet AGL. In circumstances where the UAS is us ed to inspect a structure with a height exceed ing 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the s tructure. Additionally, due the nature of the proposed operations, the PIC and/or VO may need to be less th an 500 feet away from the UAS

. Equivalent Level of Safety

Compared to fl ying operations with conventional manned fixed

- wing aircraft and helicopters with significantly larger sizes and greater weights than the Petitioner’s proposed UAS; and given the lack of flammable fuel with the UAS , any risk associated with these flying operations is far less than those th at
pr esently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the Petitioner’s proposed UAS , as well the controlled location where the operations will

oc cur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 f eet AGL or below, or when inspecting a structure whose height exceeds 400 feet AGL, wi thin 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As requi red by the Petitioner’s Operational Manual s, the UAS will be operated in a r estricted area, and all flights will be operated at a lateral distance of at least 500 feet from any non

- participating persons, unless that person is in a position where he or she is shielded from the UAS and any possible debris resulting from in

flight UAS failure. As required by the Operational Manual s, flights will be terminated if a non

- participating person within 500 feet of the UAS leaves a shielded position. Further more , the Petitioner’s UAS operations will occur at least 500 feet away from ve hicles or structures unless the property owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects ; and, operations ne ar the PIC or VO will not present an undue hazard per § 91.119(a).

It is noted that in the Grant of Exemption No. 11138 (FAA

- 2014

- 0481 at 19) that If barriers or structures are present that can sufficiently protect nonparticipating pe rsons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also 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. When considering how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In addit ion, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment of the risk of operating closer to those objects and determines that it do es not present an undue hazard. Adherence to the restrictions contained in the Petitioner’s Operational Manual s will ensure all flying operations can be conducted without38

compromising s afety and will achieve an equivalent or greater level of safety to that of conventional manned fixed

- wing aircraft or helicopters performing equivalent flying operations

.

L

. 14 C.F.R. § 91.121 (a) : Altimeter Settings

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure.”

The Petitioner seeks an exemption fro m 14 C.F.R. § 91.121 (a) , wh ich requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent that the UAS model operated by the Petitioner do es not have an adjustable barometric altimeter, but rather a GPS altitude read out. The UAS operated by the Petitioner is not capable of operating above 18,000 feet MSL and therefore an exemption from 14 C.F.R. § 91.121 (b) is not required.

Equivalent Level of Safety

The FAA has stated in previous Grant of Exemptions that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where:

(1) the UAS will be operated below 400 feet AGL or below ;

(2) within VLOS ;
(3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

screen display and , and;

(4) where prior to each flight, a zero altitude initiation poi nt is established for the PIC to confirm accuracy of the on

- board GPS.

The UAS model the Petitioner intends to use for the proposed operations will meet all of these operational characteristics. Additionally and as required by the Petitioner’s Operational Manual s, the PIC will be required to calibrate the aircraft's GPS compass prior to each f l ying operation and will not be permitted to conduct a flight without a successfully calibrated compass

. As with prior FAA Section 333 Grants of Exemption, the UAS model the Petitioner intends to use, and the safety mitigation procedures contained in the Operational Manual s, ensure tha t an equivalent level of safety will be achieved, and a Grant of Exemption to the require ments of § 191.121 (a) is therefore appropria te.

Furthermore by requiring a VO to be present and in communication with the PIC, the Petitioner will conduct flying operations which achieve a greater level of situational awareness when compared with that achieved by conventional manned fixed

- wing aircr aft or helicopters. Through this requirement, the equivalent level of safety can be met and in many cases will be exceeded.

M

. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.39

The Petitioner requests an exemption from 14 C.F.R. § 91.151(a) 's fuel requirements for flight in VFR conditions. Section 91.151 states:

(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 of intended landing and, assuming normal cruising speed

–
(1) During the day, to fly after that for at least 30 minutes; or

(2) A t night, to fly after that for at least 45 minutes.

The technological limitations on the Petitioner’s UAS battery power means that no flying operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel require ments of 14 C.F.R. § 9 1.151(a) is therefore required.

Equivalent Level of Safety

In the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginni ng a flight with the DJI S1000 unless (considering wind and forecast weather conditions), t here was enough power to fly at normal cruising speed to the intended landing point and lan d the UA with 25% bat tery power remaining. The DJI S1000 is a physically larger sized and heavier UAS when compared to the DJI Inspire 1 that the Petitioner will be operating.

Like the DJI S1000 , the DJI Inspire 1 used by the Petitioner includes a low battery voltage warning system

. The amount of battery reserve power remaining is transmitted to the PIC via telemetric data feed in real time

, which downlinks from the UAS to a ground

- based

- on

- scr een display and provides an estimated remaining flight time in minutes and seconds as well as a percentage of overall battery charge remaining including the current battery voltage and battery temperature

. As required by the Petitioner’s Operational Manual s, the PIC is required to fly the UAS back to the home launch l ocation or pre

- determined abort location where the UAS may safely land, while still maint aining a minimum of 25% reserve battery power. Th is procedure required of all PIC who operate for the Petitioner

ensures that flying operations can be safely terminate d before the batteries fall below 25% capacity

. C ombined with the r equirement that flying operations only be conducted within a secure, isolated area, using

a UAS weigh ing less than 10 pound s, and within VLOS of the PIC and VO(s) ; and in addition the PIC h olding a minimum Private Pilot Certificate with at least a minimum of 200 flight cycles and 25 logged hours total time as a UAS PIC, ensure s that the proposed opera tion will provide an equivalent level of safety to that expected of a conventional manned fixed

- wing aircraft or helicopter

.40

VI. DRUG AND ALCOHOL PROGRAM

The Petitioner has policies in place to ensure that no person may participate in UAS flight operations if they are under the influence of alcohol or any drug.

As a safety sensitive aviation activity, personnel can be randomly tested for alcohol and other drugs by law enforcement personnel. In line with FAR Part 91 Sec. 91.17:

a) No person may act or attempt to act as a crewmember of a civil aircraft

-- (1) Within 8 hours afte r the consumption of any alcoholic beverage; (2) While under the influence of alcohol; (3) While using any drug that affects the person's faculties in any way contrary to safety; or [(4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.]

b) Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.

c) A crewmember shall do the following: (1) On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, when

-- ] (i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and (ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section. [ (2) Whenever the FAA has a reasonable basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, on request of the FAA, that person must furnish to the FAA the results, or authorize any clinic, hospital, or doctor, or other person to release to the FAA, the results o f each test taken within 4 hours after acting or attempting to act as a crewmember that indicates an alcohol concentration in the blood or breath specimen. ]

d) Whenever the Administrator has a reasonable basis to believe that a person may have violated
paragr aph (a)(3) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after act ing or attempting to act as a crewmember that indicates the presence of any drugs in the body.

e) Any test information obtained by the Administrator under paragraph (c) or (d) of this section may be evaluated in determining a person's qualifications for any a irman certificate or possible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958.41

VII. PUBLIC INTEREST

The Petitioner believes public interest will be served by granting a Petition for Exemption. Congress has established a national policy that favo u rs early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfil Congress' goal in passing Se ction 333(a) through (c) of the Reform Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the s tatutorily required rulemaking.

The proposed UAS flying operat ions by the Petitioner contained in this Petition for Exempti on will also benefit the public as a whole . These benefits are identified and outlined in the following table.

Proposed Flying Operation s Benefits to the Public Interest and Public as a Whole Closed

- Set Filmmaking & Cinematography  Smaller sized UAS in comparison to conventional manned fixe d

- win g aircraft or helicopters allow for less dangerous manoeuvres to be attempted to achieve similar shots and will be operated by a team of professionals i n the U.S. with more than 30,000 hours collectively of incident free fixed

wing and helicopter flying experience, including within the Film & Television industry ;

 Small UAS provide an additional tool for the aerial filming industry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned aircraft;

 Reduction in the risk posed by significantly larger manned fixed

- wing aircraft or helicopters to flight
crews, ground crews and staff in the event of an in

flight emerg ency or failure by using a smaller, slower and lighter UAS;

 A r eduction in the level of noise experienced by ground crews and members of the public in proximity of a filming location;

 A r eduction in greenhouse gas emissions through the use of re

- chargeabl e Lithium

- Ion po lymer batteries used by the UAS. Aerial Survey & Inspection of Industrial/Construction Sites, Utility Power Generation Facilities & Infrastructure  An improvement in the level of safety and risk, including a reduction in potential harm or serious injury posed to inspecting engineers.

 A r eduction in the risk posed by significantly larger manned fixed

- wing aircraft or helicopters to flight crews, ground crews and other staff or members of the public in the event of an in

- flight
emerg ency or failure by using a smaller, slower and lighter UAS;

 A n a bility to achieve closer and clearer imaging than could be expected from a higher flying traditional fixed

- wing aircraft or helicopter attempting to provide a similar function;

 Reduced expen ses and turn

- over time required to monitor, identify and resolve potential faults with42 facilities and infrastructure, some of which could
pose a significant future hazard if not identified and contained early to workers and members of the public;

 A reduction in the level of exposure of inspectors to hazardous chemicals or oxygen

- deficient atmospheres; burns from s team or from hot equipment; falls from heights ; and

, other mechanical hazards associated with industrial sites and construction facilities.

 A r eduction in greenhouse gas emissions through the use of re

- chargeable Lithium

- Ion po lymer batteries used by the UAS. Aerial Analysis & Inspection for the Agriculture & Insurance Industry  A reduction in expenses and time required to monitor crops and livestock and to take appropriate action in a more cost

- effective manner;

 The frequency of aerial inspections of crops and livestock can be increased and corrective action can be taken in a more timely manner through direct targeting based on aerial analysis ;

 A provision of g reater access to aerial imagery can be made available to agriculturists who lack the resources of traditional fi xed

- wing aircraft or helicopters ;

 A n a bility to conduct aerial inspections and analysis as part of insurance inves tigations can reduce turnover time and minimise fraudulent claims;

 A r eduction in greenhouse gas emissions through the use of re

- chargeable Lithium

- Ion po lymer batteries used by the UAS. Aerial Imaging for the Real Estate Industry  A n a bility to achieve ac curate , targeted and clearer images for realtors, home

- owners and home

buyers by using a camera at a closer rang e in comparison to a conventional manned fixed

- wing aircraft or helicopter trying;

 The potential to provide 3D modelling services to realtors, h ome

- owners and home

- buyers in a cost effective way;

 Issues of privacy in the use of higher flying fixed

wing aircraft and helicopters and the inadvertent and unauthorised image capture of surrou nding properties can be alleviated through targeted images pr ovided by a lower and slower flying UAS.

 A r eduction in the risk posed by significantly larger fixed

- wing aircraft or helicopters to flight
crews, ground crews and members of the public in the event of an in

- flight emergency or failure by using a smaller, slower and lighter UAS can be achieved ;

 Noise abatement can be provided for members of the public in residential surrounds by using a small UAS instead of conventional manned fixed

- wing43 aircraft or helicopters;

 A r eduction in greenhouse gas emissions through the use of re

- chargeable Lithium

- Ion polymer batteries used by the UAS can be achieved. Research and Development  Innovation can be encouraged throughout wider community including at educational and training facilities, which can help further expan d a growing industry ;

 Any b enefits discovered as a result of research and development initiatives have the potential to flow on to members of the public in w ays which are yet to be conceived

.

The use of small UAS also enhances safety and redu ces risk because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable fuel, the UAS carry no passengers or crew. Further, in the unlikely event of an accident, the Petitioner’s small battery powered UAS presents sign ificantly less dange r to persons on the ground when compared to operations by conventional manned aircraft. It is noted that in the Grant of Exemption No. 11158 the Petitioner identified that manned helicopters performing similar aerial filming and imaging functions can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAS will weigh less than 10 pounds with no onboard pilot or crew. The pilot and crew will be remotely l ocated from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. The risk to an on board pilot and crew during an incident

or acc ident is eliminated with the use of a UA for the aerial filming operation.

In add ition to the public benefits already described, the Petitioner will utilise the professionalism and experience of its core team members to achieve safe flying operations at a ll times. With a record in excess of 40,000 fixed

- wing aircraft and helicopter flying hours without incident, as well as detailed knowledge and significant working experience in the industries previously described, the Petitioner believes the public intere st will be honoured. It will do this by offering a potentially safer, more economical and environmentally friendlier alternative to conduct its flying operations utilising small UAS in lieu of conventional manned fixed

- wing aircraft or helicopters.

The Petitioner has already successfully obtained a UAV Opera tor’s Certificate in Australia permitting the commercial use of small UAS . The knowledge and experience gained from this commercial operation can be shared and transferred throughout the United States and will aid in the benefits which small UAS technology can bring to the wider community and public as a whole

.44

VIII. PRIVACY

The Petitioner’s UAS operations will be conducted in acco rdance with applicable F ederal, S tate, and L ocal laws regarding privacy. All operations sha ll be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission s from the land owner/controller or authorized representative w ill be obtained prio r to any flying operations being conducted.45

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should it be determ ined that publication is needed.

The Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; 21.191 (a) & (b) ; Part 27; 45.23(b); 45.27(a); 61.113 ; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a) ; 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with performing equivalent film work

, aerial inspection s, and environmental monitoring of industrial sites, trans mission and storage facilities, construction facilities and precision aerial surveys with co nventional, heavier fixed

- wing aircraft, rotorcraft, or other methods.46

X. CONCLUSION

This Petition for Exemption satisfies the criteria ar ticulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabili ties, proximity to airports and populated areas, operation within VLOS and national security. All proposed flying operations will be conducted by professionals with considerable aviation experience

, a safe and incident free operating record , and who are dedicated to setting an exemplary standard for others to follow . By setting this standard, the proposed operations will benefit the public as a whole by improving the level of safety and red ucing risk by alleviating human exposure to danger through the use of a smaller, lighter and slower UAS in comparison with conventional manned fixed

- wing aircraft or helicopters performing similar roles and functions

.

In consideration of the preceding sections , this Peti tion for Exemption provides the FAA with justification for granting th e requested ex emptions allowing the Petitioner to use small UAS for:

(1) S cripted, closed

- set filming for the motion pic ture and television industries ;
(2) Aerial Survey & Inspection of Industrial/Construction Sites, Utility Power Generation Facilities & Infrastructure;

( 3 ) Precision erial Analysis & Inspection for the Agriculture & Insurance Industry;

(4) Aerial Imaging for the Real Estate Industry; and,

(3) Research and Development

We thank you for your prompt consideration of our requested exemptions. S hou ld you have any questions, or if you need any additional infor mation to support the requested exemptions, please contact the undersigned.

Very truly yours,

Tom Caska CEO & Founder Aerolens Suite 16, Level 1, 50 Yeo Street NEUTRA L BAY, NSW Australia Phone: (+61) 422 150 144 Matt Dunn Founder Aerolens Suite 16, Level 1, 50 Yeo Street NEUTRAL BAY, NSW Australia Phone: (+61) 477 788 04247 APPENDIX A. AEROLENS OPERATIONS MANUAL

(Attached as separate document)48 APPENDI X B . AEROLENS FLIGHT MANUAL: DJI INSPIRE 1

(Attached as separate document)49 APPENDIX C . AEROLENS MAINTENANCE MANUAL

(Attached as separate document)50 APENNDIX D . DJI INSPIRE 1 OPERATIONAL MANUAL

(Attached as separate document)