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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 LAW 112-95) 

Originally Submitted: June 7, 2015 

 Re-Submitted with Additional Information: July 19, 2015

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

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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 Organization 
 

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TABLE OF CONENTS

I. DESCRIPTION OF THE PETITIONER p5

II. DESCRIPTION OF PROPOSED OPERATIONS p7

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 p10

IV. THE PETITIONER’S PROPOSED UAS OPERATIONS MEET THE 

REQUIREMENTS OF SECTION 333 OF THE REFORM ACT p11

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 Manuals

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED p15

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 14 
 

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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 p40

VII. PUBLIC INTEREST p41

VIII. PRIVACY p44

IX. FEDERAL REGISTER SUMMARY p45

X. CONCLUSION p46

APPENDIX A. p47

APPENDIX B. p48

APPENDIX C. p49

APPENDIX D. p50
 

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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 industries. Its Founders, 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 aviation 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 12 years of flying 

experience without incident. Matt is a meteorological technician and has 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 operational 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 reports 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 of New South Wales (School 

of Aviation) and hold Honours Degrees in Aviation (Flying) and Aviation (Management) respectively, where 

safety management and human factors were key components of their training and education.

The Petitioner, in addition to its Founders, comprises a team of aviation experts 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 film making, international airline and military flying experience. Collectively, the 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 team 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 commercial operations of small 

UAS to provide aerial photography, video and analysis services across a wide range of industries including: 

 Film & Television;

 Real Estate;

 Surveying, Building and Construction;

 Agriculture;

 Insurance;

 Utilities & Power-Generation; 

 Research & Development; and,

 Environmental.

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. 
 

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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.au
 

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II. DESCRIPTION OF PROPOSED OPERATION

The Petitioner seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI Inspire 1

UAS for the proposed operations discussed below. All UAS flying operations will occur under tightly 

controlled conditions on property where the Petitioner has received permission to operate from 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 Manuals

which are made up of the Aerolens Operations Manual, the 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 Petitioner’s Operational Manuals, 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 contained within the Petitioner’s Operational Manuals 

incorporate redundant safeguards to ensure the aircraft does not 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. 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 the 

motion picture and television filmmaking industry, including:

 Astraeus Aerial (Exemption No. 11062)

 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 property in a controlled area, away from spectators and 

persons not involved in the filming. In addition, aerial filming will be conducted during daylight, VFR 

conditions and at altitudes below 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.
 

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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 conducting aerial imaging for safety monitoring of 

controlled access industrial and construction sites, utility power-generation, transmission and distribution 

facilities, and infrastructure. Traditional methods of inspecting these types of infrastructure, including flare 

stacks, elevated pipelines and power lines, tanks, and steep rooftops, expose inspecting engineers to risk of 

harm or serious injury. 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 equipment often involves a risk of exposure to hazardous chemicals or oxygen-deficient 

atmospheres, burns from steam or hot equipment, and other mechanical hazards associated with industrial 

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 small UAS for inspection is also safer than traditional manned fixed-wing aircraft or helicopters

performing the same function. 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. The use of small UAS for inspection is more reliable, and allows for the collection, dissemination, 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 using conventional aircraft or other 

inspection methods.

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

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

the agriculture and insurance industries. 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. 11691)

 Principia, Inc (Exemption No. 11633)

 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 inspections is safer than 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 the 
 

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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 rotorcraft 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 using the proposed small UAS will have 

the potential to assist industries including agriculture, emergency response, construction and surveying, 

environmental monitoring and other government agencies. 
 

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III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 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 national airspace system." Pursuant to Section 333 of the Reform 

Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the National Air Space 

(NAS) where it is safe to do so and based on the following considerations:

● The UAS's size, weight, speed 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 agency's safety 

regulations and minimum standards when the Administrator 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 

exemptions from §§ 44701(a), (b) and §§ 44702 – 44716). 

A party requesting an exemption must 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 existing rules). See 14 C.F.R. § 11.81 (petitions for exemption). These are detailed in Section V and 

Section VII. 
 

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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 Petition for Exemption qualify for expedited 

approval pursuant to Section 333 of the Reform Act as each 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 has 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, or any combination thereof. This 

information will be transmitted to the pilot via telemetric data feed.

 The UAS will have system redundancies and independent functionality 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 damage.

 The radio frequencies used for operations and control of the UAS comply with the Federal 

Communications Commission (FCC) and other appropriate government oversight agency 

requirements. The operating frequencies for the DJI Inspire 1 are 2.4 GHz (ground to air) and 5.8 

GHz (ground to ground) for communications. 

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

Operational Manuals

The Petitioner’s Operational Manuals and the DJI Manufacturer's Manual for the selected UAS contain all the 

procedures and limitations necessary to safely and successfully perform the flying operations specified in this 

Petition for Exemption. To assist the FAA in making a safety assessment of the Petitioner’s proposed 

operations, below is a summary of operational limitations and conditions that the Petitioner will adhere to, and 

which will ensure an 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 representative 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 

CFR part 45, Subpart C. Markings will be as large as practicable.

4. The minimum number of crew for each flight operation will consist of a pilot, who will be Pilot in

Command (PIC) of the UAS, and one or more Visual Observers (VO) as necessary to safely conduct 

the mission.
 

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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 UAS 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 flying

operations.

9. The additional requirements identified in the Grant of Exemption shall be added to the Petitioner’s

Operational Manuals. The Operational Manuals 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 Petitioner’s Operational Manuals, the conditions and limitations in the 

Grant of Exemption shall take precedence and must be followed. Otherwise, the Petitioner shall 

follow the procedures outlined in their Operational Manuals.

10. The Petitioner may update or revise its Operational Manuals. 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 Manuals if it petitions for an extension 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 Manuals 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 minutes.

13. The maximum 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 UAS 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-participating 

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

leave such protection and are within 500 feet of the UA, all flying operations must cease

immediately and/or;

b. The aircraft is operated 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 determined that it does not 

present an undue hazard, and;
 

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c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an 

undue hazard to those persons.

16. The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

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

17. The UAS may not operate within 5 NM of an airport reference point as denoted on a current FAApublished 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 shall 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 Manuals.

19. The Petitioner will carry out its maintenance, inspections, and record keeping requirements in 

accordance with the Operational Manuals. 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 Manuals. 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 Manuals.

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 be conducted in 

accordance with the requirements of the Petitioner’s Operational Manuals.

23. The Petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization, otherwise known as a COA, prior to conducting any flying operations 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 predetermined 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 the 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 filming, 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 UAS
 

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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.

30. Operations shall occur during daytime Visual Meteorological Conditions (VMC); flights under special 

visual flight rules (SVFR) shall not be conducted.

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 of the UA 

will comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements.
 

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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 aircraft, as the term is defined under § 40101 of the Act, including UAS, 

from its safety regulations and minimum standards when the Administrator decides a requested exemption is 

in the public interest.

The Petitioner seeks an exemption from several interrelated provisions 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 to 

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 amended 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 established 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 effective 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 United 

States.

(2) A special flight permit is effective for the period of time specified 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 an 
 

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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 owner, 

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 standard 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 airworthiness certificate for 

a new aircraft manufactured under a production certificate is entitled to a standard airworthiness certificate without further 

showing, except that the FAA may inspect the aircraft to determine conformity to the type design and condition 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 presentation, 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) 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) 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. Armed 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 forth 
 

17

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 mechanic 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 airworthiness 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 

airplane 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 than 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 “agricultural 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 specified 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 chapter (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 of 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 transport 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 inspection 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, no 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 airworthiness certificate without 

further showing, except that the FAA may inspect the aircraft to determine conformity to the type design and condition for 

safe operation.
 

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(b) Imported aircraft. An applicant for a special airworthiness certificate-primary category 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 the 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 certificateprimary 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 certification 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 inspected 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-primary 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 airworthiness 

certificate if—

(1) The applicant presents evidence to the FAA that the aircraft conforms 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 

§91.409(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 be 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 for the original issue of a 

restricted category airworthiness certificate for an aircraft type certificated in the restricted category, that was not previously 

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 category, 

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 special 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 effective 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 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 36 of 

this chapter (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 of Part 36 of this chapter) and paragraph (c) of this section are 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 means.

(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 from 

the restricted 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 airworthiness 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 category 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 safe 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 instructions;

(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, serial 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 quality 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 airworthiness 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 manufactured 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 provide 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 Airworthiness 

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 certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft 

installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the 

airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights 

to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the 

regulations.

(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 racing. 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 training 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) Operating 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 quality 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 of 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: general.

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) The 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 

configuration, 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 inspection 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 that 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 certificate for an 
 

22

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 certificated 

in the normal, acrobatic, commuter, 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 applicable 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 aircraft.

(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 appropriate 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 maintenance 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 certificate 

holder's operations specifications. The permit issued under this paragraph 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), an 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 considered 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 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.

14 C.F.R. Part 27 Part 27 prescribes, in pertinent part, the airworthiness standards for the issuance of type certificates for normal 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 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.

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 

business or employment if:

(1) The flight is only incidental to that business or employment; and

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

(c) A private pilot may not pay less than the pro rata share of the operating expenses 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 in 
 

24

§91.146, if the sponsor and 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 rental 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 private 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 parachute 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 flight 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 combination 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 paragraph (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, dual 

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 case 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 the 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 

altimeter 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 this 

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 assigned 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 airworthiness 

certificate having 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 operation 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 airworthiness 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 prescribed 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 aircraft 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 issuance 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 approved inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include—
 

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(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

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

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

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a 

specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection 

program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method 

of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, 

the time and date when the next action is required.

(vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the airframe and currently 

installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) 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.

The specific 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 exemption is sought are described below. The exemptions and the categories to 

which they apply have been broken into three sections: 

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

 Pilot-In-Command of the UAS (F); and,

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

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates 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. 
 

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Section 91.203(a) prohibits, in pertinent part, any person from operating 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 Registration 

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 flight authorization issued under 

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The FAA has stated previously that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally 

used for the same application. 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 requirements 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 

operational 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 less than 10 pounds, including payload and will not be flown at a ground 

speed in excess of 50 knots. This UAS is also equipped with safety features that will allow the Petitioner to 

operate the UAS safely in the event of experiencing 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 larger 

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

in-flight failure. 

All flying operations conducted under this exemption will be closely controlled and monitored by the operator 

and will be conducted in compliance with local public safety requirements, to provide additional security for 

the area of operation. 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 than, conventional rotorcraft operating with an airworthiness 

certificate.

Lastly, the UAS does not need a means to communicate with other aircraft or ATC, because 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 experimental certificates are issued for the following 

purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new 

aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of type and 

supplemental type certificates, flights to substantiate major design changes, and flights to show compliance 

with the function and reliability requirements of the regulations.
 

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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 manned fixed-wing aircraft 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 than, 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 normal 

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 seeks an exemption from Part 27's deemed unsafe or unnecessary to fly over. The Petitioner states 

further that the UAS has built-in intelligent fault handling which 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 system (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 flight 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 airworthiness 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 

horizontally 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 part 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 determined that 

exemption from these requirements was warranted provided that the aircraft "have identification (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 UAS 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 Inspections

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 unless it has been approved for return to 

service by a person authorized under § 43.7 of the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the 

preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 

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

31

(a) 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 approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, 

rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the 

work performed; and 

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

(iii) The signature, and certificate number of the person approving the aircraft 

for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and 

each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) 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 inspection requirements contained in 14 C.F.R. § 

91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations 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 

shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). 

An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with 

an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the DJI Inspire 1 Manufacturer's Manual and any required manufacturer Safety or Service 

Bulletins. Further, as required by the Petitioner’s Operational Manuals, the PIC will conduct a pre-flight 

inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable 

components. Maintenance will 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 PIC 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 flightcritical components. As required by the Petitioner’s Operational Manuals, 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 Manuals also includes the requirement to follow the manufacturer’s UAS

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the 

following applicable components: motors, propellers, avionics and control surfaces (including ESCs), 

structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard 

accessories, and spare parts. Further, the Petitioner’s Operational Manuals also includes procedures to 

document and maintain a record of the UAS unscheduled maintenance, preventative 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 Manuals 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 restricts private pilot certificate holders from 

flying aircraft for compensation or hire, and would 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 

that is carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft. 

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:
 

33

(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.

The purpose of Part 61 is to ensure that the skill and competency of 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 

passengers 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 additional cost and 

restrictions with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. 

The fulfilment of the additional requirements for a private pilot to become qualified as a commercial pilot 

would not lead to any additional safety benefits when UAS operations are involved.

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 their Grant of Exemption. The Petitioner will operate 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 Exemption. 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. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, the Petitioner will further ensure safe operation by requiring that any 

PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators 

but also in the unique aspects of UAS flight. As set forth in the Operational Manuals, pilots will have 

experience not only in UAS operations 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 requirements in the Operational Manuals 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 Section 333 Grants of 

Exemption, and will provide a higher level of competency and proficiency for 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 

experience 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 exemption is required for 14 C.F.R. § 91.7(a) 

to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, 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 Safety

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 Civil 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 

current 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 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 Registration 

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 flight authorization issued under § 

91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers 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 access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the 

documents 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 operations. 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 information 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 

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 paragraph (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, 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, including information contained in the FAA-approved Flight Manual 

on board the aircraft and, for example, relating to takeoff and landing distance information. While the 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 following the Petitioner’s Operational Manuals and the DJI 

Inspire 1 Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects 

or inoperable components in accordance with the Petitioner’s Operational Manuals, including checklists 

covering Pre-Flight, Launch, Landing, and Post-Flight procedures. The PIC will also be required to review 

weather, flight requirements, battery charge, landing and take-off distance, UAS performance data, and 

contingency landing areas before the initiation of flight. The Petitioner’s Operational Manuals and the 

Manufacturer's Manual 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 Instruction

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 exemption from 14 C.F.R. § 91.109(a). The UAS operated by the Petitioner by design 

does not have functional dual controls. Instead, flight control is accomplished through the use of a device that 

communicates with the aircraft via radio communications. Accordingly, an exemption will be required 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 because no pilot or passengers are aboard the UAS, and 

as required by the Petitioner’s Operational Manuals, all persons will be located at a safe distance away in the 

event that the UAS experiences any difficulties during flight instruction. 

Furthermore, as required by the Petitioner’s Operational Manuals, all flight training will be conducted in a 

controlled and sterile environment. As a whole, the safety procedures provided for in the Petitioner’s

Operational Manuals ensure that the proposed UAS operations 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 

cycles 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 undergo 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 expected 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 of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 

feet to any person, vessel, vehicle, or structure. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) 

or (c) of this section, provided each person operating the helicopter complies with any 

routes or altitudes specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section. 
 

37

The Petitioner seeks an exemption from 14 C.F.R. § 91.119 (b) and (c). Section 91.119 prescribes the 

minimum safe altitudes 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 when 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 hazard 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 proposed UAS operations will normally need to occur below 400 feet 

AGL. In circumstances where the UAS is used to inspect a structure with a height exceeding 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 structure. Additionally, due the nature of the proposed operations, the PIC and/or VO may 

need to be less than 500 feet away from the UAS.

Equivalent Level of Safety

Compared to flying 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 that 

presently 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 

occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or 

below, or when inspecting a structure whose height exceeds 400 feet AGL, within 100 feet above the highest 

point on that structure and 50 feet horizontally of the structure.

As required by the Petitioner’s Operational Manuals, the UAS will be operated in a restricted 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 inflight UAS failure. As required by the Operational Manuals, flights will be terminated if a non-participating 

person within 500 feet of the UAS leaves a shielded position. Furthermore, the Petitioner’s UAS operations 

will occur at least 500 feet away from vehicles 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 near 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 persons 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 addition, 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 does not present an undue hazard. Adherence to the restrictions contained 

in the Petitioner’s Operational Manuals will ensure all flying operations can be conducted without 
 

38

compromising safety 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 from 14 C.F.R. § 91.121(a), which 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 does 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 onscreen display and, and;

(4) where prior to each flight, a zero altitude initiation point 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 Manuals, the PIC will be required 

to calibrate the aircraft's GPS compass prior to each flying 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 

Manuals, ensure that an equivalent level of safety will be achieved, and a Grant of Exemption to the 

requirements of § 191.121(a) is therefore appropriate.

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 aircraft 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) At 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 requirements of 14 

C.F.R. § 91.151(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 beginning a flight with the DJI S1000 unless (considering wind and forecast weather conditions), there 

was enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% 

battery 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-screen 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 Manuals, the PIC is required to fly the UAS back to the home 

launch location or pre-determined abort location where the UAS may safely land, while still maintaining a 

minimum of 25% reserve battery power. This procedure required of all PIC who operate for the Petitioner

ensures that flying operations can be safely terminated before the batteries fall below 25% capacity. 

Combined with the requirement that flying operations only be conducted within a secure, isolated area, using 

a UAS weighing less than 10 pounds, and within VLOS of the PIC and VO(s); and in addition the PIC 

holding a minimum Private Pilot Certificate with at least a minimum of 200 flight cycles and 25 logged hours 

total time as a UAS PIC, ensures that the proposed operation 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 after 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 of 

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 

paragraph (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 acting 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 airman 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 favours 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 Section 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 statutorily required 

rulemaking. 

The proposed UAS flying operations by the Petitioner contained in this Petition for Exemption will also 

benefit the public as a whole. These benefits are identified and outlined in the following table.

Proposed Flying Operations Benefits to the Public Interest and Public as a Whole

Closed-Set Filmmaking & Cinematography  Smaller sized UAS in comparison to conventional 

manned fixed-wing aircraft or helicopters allow for 

less dangerous manoeuvres to be attempted to 

achieve similar shots and will be operated by a 

team of professionals in the U.S. with more than 

30,000 hours collectively of incident free fixedwing 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 inflight emergency or failure by using a smaller, 

slower and lighter UAS; 

 A reduction in the level of noise experienced by 

ground crews and members of the public in 

proximity of a filming location;

 A reduction in greenhouse gas emissions through 

the use of re-chargeable Lithium-Ion polymer 

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 reduction 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 

emergency or failure by using a smaller, slower 

and lighter UAS; 

 An ability 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 expenses and turn-over time required to 

monitor, identify and resolve potential faults with 
 

42

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 steam or from hot 

equipment; falls from heights; and, other 

mechanical hazards associated with industrial sites 

and construction facilities.

 A reduction in greenhouse gas emissions through 

the use of re-chargeable Lithium-Ion polymer 

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 greater access to aerial imagery can 

be made available to agriculturists who lack the 

resources of traditional fixed-wing aircraft or 

helicopters; 

 An ability to conduct aerial inspections and 

analysis as part of insurance investigations can 

reduce turnover time and minimise fraudulent 

claims;

 A reduction in greenhouse gas emissions through 

the use of re-chargeable Lithium-Ion polymer 

batteries used by the UAS.

Aerial Imaging for the Real Estate Industry  An ability to achieve accurate, targeted and clearer 

images for realtors, home-owners and homebuyers by using a camera at a closer range in 

comparison to a conventional manned fixed-wing 

aircraft or helicopter trying;

 The potential to provide 3D modelling services to 

realtors, home-owners and home-buyers in a cost 

effective way;

 Issues of privacy in the use of higher flying fixedwing aircraft and helicopters and the inadvertent 

and unauthorised image capture of surrounding 

properties can be alleviated through targeted 

images provided by a lower and slower flying 

UAS. 

 A reduction 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-wing 
 

43

aircraft or helicopters;

 A reduction 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 expand a growing 

industry; 

 Any benefits discovered as a result of research and 

development initiatives have the potential to flow 

on to members of the public in ways which are yet 

to be conceived.

The use of small UAS also enhances safety and reduces 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 significantly 

less danger 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 located 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 onboard pilot and crew during an incident 

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

In addition 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 all 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 

interest 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 Operator’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 accordance with applicable Federal, State, and Local 

laws regarding privacy. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permissions from the land 

owner/controller or authorized representative will be obtained prior 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 determined 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 inspections, and environmental 

monitoring of industrial sites, transmission and storage facilities, construction facilities and precision aerial 

surveys with conventional, heavier fixed-wing aircraft, rotorcraft, or other methods.
 

46

X. CONCLUSION

This Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 

including weight, speed, operating capabilities, 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 reducing 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 Petition for Exemption provides the FAA with justification for 

granting the requested exemptions allowing the Petitioner to use small UAS for: 

(1) Scripted, closed-set filming for the motion picture 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. Should you have any questions, or 

if you need any additional information to support the requested exemptions, please contact the undersigned.

Very truly yours,

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) 477 788 042
 

47

APPENDIX A. AEROLENS OPERATIONS MANUAL

(Attached as separate document)
 

48

APPENDIX 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)