U N I T E D S TAT E S O F A M E R I C A

D E P A R T M E N T O F T R A N S P O R T A T I O N

F E D E R A L AV I AT I O N A D M I N I S T R AT I O N

WASHINGTON, DC

Regulatory Docket No.

I N T H E M AT T E R O F T H E P E T I T I O N F O R E X E M P T I O N

O F : R I B B L E R E A L E S TAT E C O M PA N Y L L C d / b / a

C O L D W E L L B A N K E R E L I T E .

Federal Employer ID #: 47-2480582

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

T I T L E 1 4 O F T H E C O D E O F F E D E R A L R E G U L AT I O N S

SECTIONS 61.113(a) & (b), 91.7(a), 91.121,91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

O P E R AT I O N O F A D J I I N S P I R E 1 U N M A N N E D A I R C R A F T P U R S U A N T T O

S E C T I O N 3 3 3 O F T H E FA A M O D E R N I Z AT I O N A N D R E F O R M A C T O F

2012

(PUBLIC LAW 112-95)

Submitted on July 10,2015

By: Mark Duch

Attorney at Law

4035 Jefferson Ave.

Texarkana, AR 71854

(870) 772-2080
T A B L E O F C O N T E N T S

Page

G L O S S A R Y O F A B B R E V I AT I O N S 3

SUMMARY 4

I N T R O D U C T I O N A N D I N T E R E S T S O F P E T I T I O N E R 4

BACKGROUND 5

BASIS FOR PETITION 5

N A M E A N D A D D R E S S O F P E T I T I O N E R 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER

S E E K S E X E M P T I O N 7

THE EXTENT OF RELIEF PETITIONER SEEKS AND THE REASON

PETITIONER SEEKS THE RELIEF 1 0

THE REASONS WHY GRANTING PETITIONER'S REQUEST WOULD

B E I N T H E P U B L I C I N T E R E S T 1 3

T H E R E A S O N S W H Y G R A N T I N G T H E E X E M P T I O N W O U L D N O T A D V E R S E LY

A F F E C T S A F E T Y 1 6

CONCLUSION 3 2

2
G L O S S A R Y O F A B B R E V I A T I O N S

AGL Above Ground Level

AOI Area of Interest

ATC A i r T r a f fi c C o n t r o l

ATO Air Traffic Organization

A V Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL L o s s o f L i n k

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

S O Safety Observer

SOP Standard Operating Procedures

U A Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

3
SUMMARY

Ribble Real Estate Company LLC d/b/a Coldwell Banker Elite ("Petitioner")

seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to

operate an Unmanned Aircraft System pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Petitioner

to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting aerial video and photography for the development, management, marketing,

surveying, appraisal and sale of real estate over certain areas of the United States.

I N T R O D U C T I O N A N D I N T E R E S T S O F T H E P E T I T I O N E R

Ribble Real Estate Company LLC d^/a Coldwell Banker Elite is a real estate

brokerage located in Texarkana, Texas and serving its clientele by providing cutting

edge marketing and media services. On behalf of and in cooperation withits clients, its

principals, owners and affiliates, Ribble Real Estate Company LLC d^/a Coldwell

Banker Elite engages in various real estate-related functions, including the marketing

and sale of residential and commercial real estate, property management, standing

timber appraisal, fire prevention, real estate development, property inspections,

construction and public relations.

Petitioner has an interest in using the DJI Inspire 1 unmanned aircraft system

(UAS) to perform the following functions, which are commercial in nature:

• Real Estate Videography and Photography

• Standing Timber Videography and Photography

• Land survey & Appraisals

• Property and Equipment Inspections

• Fire and Loss Prevention

• Construction sites — Before & After

• Oil and Gas Wellsite Operations and Maintenance

• Creation of Commercial Messages for Internet and Television.

• Increase Public kKowledge of UAS and Promote Safe UAS operations.

4
BACKGROUND

Unmanned Aircraft System: DJI Inspire 1 OAS

Petitioner seeks an exemption to operate a DJI system for commercial purposes

within the NAS. The DJI Inspire I is a vertical takeoff and landing (VTOL) Unmanned

Aircraft (UA) with a Groimd Control Station (GCS) utilizing electronic tablet or smart

phone systems. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 oxmces,

a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum

speed of approximately 42 knots. The DJI Inspire 1 UAS is equipped with four main

rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Inspire I UAS that will be operated by Petitioner will be registered in

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47,

Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification

and Registration Marking.

B A S I S F O R P E T I T I O N

Petitioner, Ribble Real Estate Company LLC (M)/a Coldwell Banker Elite,

pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and

the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules

for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to

commercially operate the DJI Inspire 1 UAS in the National Airspace System (NAS),

and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a),

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, Petitioner's, operation of a DJI Inspire 1

UAS meets the conditions of FMRA Section 333 and therefore, will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Petitioner requests relief from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate.

Petitioner submits that the requested relief is proper since an equivalent level of

safety will be ensured. Petitioner will use experienced personnel or technicians to

perform maintenance, alterations, or preventive maintenance on the UAS using the

methods, techniques, and practices prescribed in the operating documents (i.e.. Monthly

Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, Petitioner will

document and maintain all maintenance records for the DJI Inspire I UAS.

5
Relief from certain requirements of Section 61.113(a) and (b), entitled Private

pilot privileges and limitations: Pilot in command, is requested by Petitioner to the extent

necessary to allow a Pilot in Command (PIC) holding a sport pilot or higher level

certificate, as well as a valid U.S. driver's license, and who has demonstrated, by meeting

minimum flight- hour and currency requirements, that the PIC is able to safely operate

the DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive

and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Petitioner seeks relief from Section 91.7(a), entitled C/v/7 aircraft airworthiness,

because the DJI Inspire 1 UASs do not require an airworthiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H. As such. Petitioner submits that they will ensure that

the DJI Inspire 1 UAS is in an airworthy condition, prior to every flight, by determining

that the UAS is in compliance with the operating documents (i.e.. Monthly Maintenance

Log and DJI Inspire 1 Instruction Manual), and that the aircraft is in a condition for safe

flight.

Petitioner also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Inspire 1 UA will not have a typical barometric

altimeter onboard. However, altitude information of the DJI Inspire lUAs will be

provided to the PIC via Global Positioning System (GPS) equipment and radio

communications telemetry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path. This altitude information, combined with Petitioner's

operation of the DJI Inspire 1 UAS within visual line of sight, at or below 500 feet AGL,

will ensure a level of safety equivalent to Section 91.121.

Additionally, Petitioner seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Petitioner submits

that safety will not be affected by operation of the DJI Inspire 1 UAS during daylight

hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with

enough battery power to fly for a total duration of approximately 13.5 minutes to the

first point of intended landing and, assuming normal cruising speed, to fly after that for

at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Petitioner provides the following

information in support of its petition for exemption:

A . N a m e A n d A d d r e s s O f T h e P e t i t i o n e r .

The name and address of the Petitioner and point of contact is:

Ribble Real Estate Company LLC d/b/a Coldwell Banker Elite

c/o Mark Duch, Attorney at Law

Texarkana, AR 71854

(870) 772-2080

Email: mark@duchlaw.com

6
B. The Specific Sections Of 14 C.F.R. From Which Petitioner Seeks

Exemption.

1. Petitioner Seeks Exemption From The Requirements Of Section

Part 21, Subpart H

14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the

issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1)

2. Petitioner Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command,

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation or

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC 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.

3. Petitioner Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the

following:

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

4. Petitioner Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled settings, subsection (a), states the following, in

part:

(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)(l)(i) of

this section, the current reported altimeter setting of an appropriate

available station; or

7

(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.

5. Petitioner Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions,

subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft 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, to

fly after that for at least 20 minutes.

6. Petitioner Seeks Exemption From The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the

following: 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[.]

7. Petitioner Seeks Exemption From The Requirements Of Section

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance,

preventive maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

8. Petitioner Seeks Exemption From The Requirements Of Sections

91.409(a)(1) And 91.409(a)(2).

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

(a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within die 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.

8
9. Petitioner Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records^ subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods

specified in paragraph (b) 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

airfi"ame) 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 retum to service.

9
C. The Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks The

ReUef.

1. Petitioner Seeks Exemption From The Requirements Of Section Part 21,

Subpart H

Given the size and limited operating area associated with the UAS to be utilized by

Petitioner, an exemption from Part 21 Subpart H meets the requirements of an

equivalent level of safety under Part 11 and Section 333 of the Reform Act.

The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness

certificate, upon consideration of the size, weight, speed, operational capability, and

proximity to airports and populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the UAS operated without an

airworthiness certificate, in the restricted environment and under the conditions proposed

will be at least as safe, or safer, than a conventional rotorcraft operating with an

airworthiness certificate without the restrictions and conditions of the proposed UAS

operations.

2. Extent Of Relief Petitioner Seeks And The Reason Petitioner

Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command, is requested to the extent necessary to allow a PIC holding a private

pilot or higher level certificate, as well as a U.S. driver's license, and who has met

certain flight-hour and currency requirements, to conduct the proposed UAS flight

operations for commercial purposes.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection

with any business or employment if: (I) The flight is only incidental to that business or

emplojnnent; and (2) The aircraft does not carry passengers or property for compensation

or hire.

As set forth more fully below. Petitioner submits that an equivalent level of safety will

be maintained because no PIC will be allowed to operate the DJI Inspire I UAS unless

that PIC has met certain flight-hour and currency requirements, demonstrating that the

PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with the

operations specifications as described in this exemption, including evasive and

emergency maneuvers, as well as maintaining appropriate distances from people,

vessels, vehicles and structures.

1 0
Further, Petitioner submits that all flights of the DJI Inspire 1 UAS, conducted by the PIC

pursuant to the grant of this Petition: (1) will be incidental to Petitioner's business; and

(2) will not carry passengers or property for compensation or hire.

3. Extent Of Relief Petitioner Seeks And The Reason Petitioner

Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent

required to allow Petitioner to determine that the DJI Inspire 1 UAS is in airworthy

condition prior to every flight by ensuring that the UAS is in compliance with the

operating documents (i.e., the Petitioner's Aerial Operations Manual, Monthly

Maintenance Log, and DJI Inspire 1 Instruction Manual).

Petitioner seeks the requested relief because the DJI Inspire 1 UAS does not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

Petitioner will ensure that the DJI Inspire 1 UAS is in airworthy condition based upon

its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Inspire 1 Instruction Manual) prior to every flight, and further, determine that the

aircraft are in condition for safe flight, as stated in the conditions and limitations below.

4. Extent Of Relief Petitioner Seeks And The Reason Petitioner

S e e k s R e l i e f F r o m S e c t i o n 9 1 . 1 2 1 .

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight

operations of the DJI Inspire 1 UAS, which utilizes a barometric pressure sensor, GPS

equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS). Since the FAA

requires that any altitude information concerning UAS operations be reported to air

traffic control (ATC) in feet above ground level (AGL), Petitioner seeks the requested

relief because the DJI Inspire 1 UA's altimeter may be set on the ground to zero feet

AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is

sought to the extent necessary to comply with the applicable conditions and limitations

stated below. As more fully set forth herein, an equivalent level of safety will be

maintained since the DJI Inspire 1 UAS is equipped with a barometric pressure sensor

and GPS equipment, which automatically ensures that a ground level pressure setting

will be established prior to each flight, and provides the PIC with altitude information of

the UA on the heads-up display of the GCS.

1 1
5. Extent Of Relief Petitioner Seeks And The Reason Petitioner

Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is

requested to the extent required to allow flights of the battery powered DJI Inspire 1

UAs during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Petitioner seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered DJI Inspire 1 UAs will

severely constrain the practicality of any aerial video or still photo flight operations that

Petitioner proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of theDJI Inspire 1 UAS, the

DJI Inspire 1 operating documents, and Petitioner's proposed operating limitations,

ensure that Petitioner will safely operate the battery powered DJI Inspire 1 UAS during

daylight hours in visual meteorological conditions (VMC), under visual flight rules

(VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first

point of intended landing and, assuming normal cruising speed, to fly after that for at

least 4.5 minutes.

6. Extent Of Relief Petitioner Seeks And The Reason Petitioner

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2). And

91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only

apply to aircraft with an airworthiness certificate. Petitioner requests relief from these

Sections because the DJI Inspire 1 UAS does not require an airworthiness certificate. As

set forth more fully below, the DJI Inspire 1 UAS meets the conditions of FMRA Section

333 for operation without an airworthiness certificate. Accordingly, Petitioner will use

trained technicians to perform maintenance, alterations, or preventive maintenance on the

UASs using the methods, techniques, and practices prescribed in the UAS operating

documents (i.e.. Petitioner's Aerial Operations Manual, Monthly Maintenance Log, and

DJI Inspire 1 Instruction Manual). Furthermore, Petitioner will document and maintain

all maintenance records for the DJI Inspire 1 UAS.

1 2
D. The Reasons Why Granting Peititioner Request Would Be In The Public

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Petitioner to

safely, efficiently, and economically perform various real estate-related functions,

including the marketing and sale of residential and commercial real estate, property

management, standing timber appraisal, fire prevention, real estate development, property

inspections, construction and public relations.

Additionally, use of the DJI Inspire 1 UAS will decrease congestion of the NAS, reduce

pollution, and provide significant benefits to the economy. Notably, the benefits of

Petitioner's proposed operation of the DJI Inspire 1 UAS will be realized without

implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Inspire 1 UAS is battery powered and serve as a safe, efficient, and economical

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an

exemption allowing the use of a DJI Inspire 1 UAS would reduce the amount of manned

aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life

and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced.

The DJI Inspire 1 UAS does not require an airport to takeoff or land.

Likewise, a reduction of manned aircraft conducting aerial video and photography

missions would result in fewer aircraft that must be handled by air traffic control during

the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Inspire 1 UAS.

Conducting aerial acquisitions with the DJI Inspire I UAS, instead of manned aircraft,

will greatly benefit the public by drastically reducing the levels of air and noise pollution

generated during traditional aerial video and still photography flight operations. By using

battery power and electric motors, the DJI Inspire 1 UAS produces no air pollution, and

is the most viable environmentally conscious alternative to the cabin class, six cylinder

internal combustion engine aircraft that are typically utilized for aerial video and

photography, while burning approximately 20-30 gallons per hour of leaded aviation

fuel. The DJI Inspire I UAS, while reducing the carbon footprint of aerial acquisitions,

also eliminates noise pollution, as the UAs are propelled by battery powered electric

motors, rather than an intemal combustion engine.

1 3
By using the DJI Inspire 1 UAS's to perform aerial acquisitions, the substantial risk to

life and property in the air and on the ground, which is usually associated with traditional

manned aircraft flight operations, will be substantially reduced or completely eliminated.

Aside fi-om the lack of flight crew members located onboard the aircraft, the DJI Inspire

1 UAS (weighing approximately 6 pounds 7.5 ounces , at its maximum gross weight with

length of 17.3 inches, width of 17.7 inches, and with no fuel on board), has less physical

potential for collateral damage to life and property on the ground, and in the air,

compared to the manned aircraft that typically conduct similar operations (weighing

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34

feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The

DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Inspire 1 UAS is also an economical

alternative to using manned aircraft to conduct similar aerial operations. As such,

operation of the DJI Inspire 1 UASs will allow United States based companies, like

Petitioner, to remain competitive and contribute to growth of the U.S. economy.

Specifically, with the rising cost of aviation fiiel and the Environmental Protection

Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and

operated companies must adopt new and alternative technology in order to remain

competitive. Operating the battery powered DJI Inspire 1 UASs is one such technology

that not only allows companies greater operational flexibility compared to manned

aircraft, but provides such flexibility without the high operational cost of a traditional

m a n n e d a i r c r a f t .

By operating the DJI Inspire 1 UASs, companies such as Petitioner, can remain

competitive and profitable, and therefore, provide greater job stability to employees and

contractors, which will ultimately contribute to growth of the U.S. economy. Improved

financial performance of U.S. companies, through commercial use of the DJI Inspire 1

UAS, provides a stable workforce that increases consumer spending; improves local,

state, and federal tax revenues; and allows companies to invest in research and

development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Petitioner'ss proposed operation of the DJI Inspire 1 UASs will not implicate

any privacy issues. Specifically, the DJI Inspire 1 UAS will be operated only in

compliance with operating documents (i.e., the Petitioner's Aerial Operations Manual,

Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual) which requires

1 4
property owner involvement as well as local law enforcement notification, and in

accordance with the Federal Aviation Regulations, including the minimum altitude

requirements of 14 C.F.R. § 91.119.

1 5
E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That

Provided By The Rule From Which Petitioner Seeks Exemption.

1. Reasons Why The DJI Inspire 1 UAS Meets The Conditions Of The FAA

Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation. Petitioner's operation of the DJI Inspire 1 UAS meet

the conditions of FMRA Section 333, and will not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets forth requirements for considering whether a UAS will create a hazard to users

of the NAS or the public, or otherwise pose a threat to national security. Specifically,

FMRA Section 333 states the following, in part:

(a) In General—Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion of the plan

and rulemaking required by section 332 of this Act or the guidance required

by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.—In making the determination

under subsection (a), the Secretary shall determine, at a minimum—

(1) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sight do not create

a hazard to users of the national airspace system or the public or pose

a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United

States Code, is requiredfor the operation of unmanned aircraft

systems identified under paragraph (I).

(c) Requirements for Safe Operation.—If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the

national airspace system, the Secretary shall establish requirements for the

safe operation of such aircraft systems in the national airspace system.

In seeking this exemption. Petitioner submits that the DJI Inspire 1 UAS can operate

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Inspire 1 UAS; (b) the pilot certification requirement; and (c)

the specific operating limitations.

1 6
a. The Specifications Of The DJI Inspire 1 UAS Demonstrate Its Safe Characteristics.

The DJI Inspire 1 UAS does not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security considering its size, weight, speed, and

operational capability.

i. Technical Specifications Of The DJI Inspire 1 UAS.

The technical specifications of the DJI Inspire 1 UAS are set forth by the DJI Inspire 1

Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Inspire 1 UAS Autonomous Flight And Navigation Modes Enable

The UASs To Remain Within A Defined Operational Area.

The DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight

modes. A complete desription of the flight and navigational modes of the DJI Inspire 1

UAS are provided at pages 12-18 and 45-52 of the DJI Inspire 1 User Manual, attached

hereto as Exhibit B.

iii. The DJI Inspire 1 UAS Is Designed For Automatic Return To Home Point

Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Inspire 1 UAS will remain stationary, in flight,

for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 UAS does not reacquire

control link data from the that the Control Link is lost and the UAs will return to the

home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and

shutdown. A complete description of the Failsafe Functions for the DJI Inspire 1 at

pages 13 through 15 of the DJI Inspire 1 User Manual, attached hereto as B.

iv. The DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Inspire 1 GCS and

flight control software is provided at pages 24 through 34 of the DJI Inspire 1 User

Manual attached hereto as Exhibit B.

b. Flight Operations Of DJI Inspire 1 UAS Are Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

Petitioner will only utilize certificated pilots who possess a current and valid

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U.S. driver's license to act as a pilot in command (PIC) of the DJI Inspire 1 UAS.

Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Inspire 1 UAS Will Be Conducted Pursuant to Specific

Operating Limitations.

In seeking this exemption, Petitioner proposes to commercially operate the DJI

Inspire 1 UAS for the special purpose of conducting aerial video and photography

over certain areas of United States, pursuant to the following specific operating

limitations:

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotorcraft UASs weighing less than 55

pounds maximum gross weight: DJI Inspire 1 Unmanned Aircraft Systems. Proposed

operations of any other aircraft will require a new petition or a petition to amend this

grant.

2. UAS operations imder this exemption will be limited to conducting operations for the

purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level

(AGL), as indicated by the procedures specified in the operating documents unless a

special request is made and approved by ATC. All altitudes reported to ATC must be in

f e e t A G L .

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

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

corrective lenses, as specified on the PIC's FAA-issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and

PIC must be able to communicate verbally at all times. Electronic messaging or texting is

not permitted during flight operations. The PIC must be designated before the flight and

cannot transfer his or her designation for the duration of the flight. The PIC must ensure

that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and

avoiding other air traffic and other ground based obstacles/obstructions and is not

permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS

1 8
operations and made available to the Administrator upon request. If a discrepancy exists

between the conditions and limitations contained in the grant of exemption and the

procedures outlined in the operating documents, the conditions and limitations contained

in the grant of exemption take precedence and must be followed. Otherwise, the operator

must follow the procedures as outlined in its operating documents. The operator may

update or revise its operating documents. It is the operator's responsibility to track such

revisions and present updated and revised documents to the Administrator upon request.

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

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

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

then the operator must petition for amendment to its grant of exemption. The FAA's UAS

Integration Office (AFS-80) may be contacted if questions arise regarding updates or

revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for

safe flight. If the inspection reveals a condition that affects the safe operation of the UAS,

the aircraft is prohibited from operating until the necessary maintenance has been

performed and the UAS is found to be in a condition for safe flight. The Ground Control

Station must be included in the preflight inspection. All maintenance and alterations must

be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS

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

undergo a functional test flight. The PIC who conducts the functional test flight must

make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of the

operating documents.

13. The operator must follow the UAS manufacturer's aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance, inspection,

alterations, and status of replacement/overhaul component parts must be noted in the

aircraft records, including total time in service, description of work accomplished, and

the signature of the authorized person returning the UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate.

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18. The operator may not permit any PIC to operate unless the PIC meets the operator's

qualification criteria and demonstrates the ability to safely operate the UAS in a manner

consistent with how the UAS will be operated under the exemption, including evasive

and emergency maneuvers and maintaining appropriate distances from persons, vessels,

vehicles and structures. PIC qualification flight hours must be logged in a manner

consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator's

PICs are permitted under the terms of the exemption. However, training operations may

only be conducted dxjring dedicated training sessions. During training, proficiency, and

experience-building flights, all persons not essential for flight operations are considered

nonparticipants, and the PIC must operate the UA with appropriate distance from

nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). If flight at

night is required, a special request will be made at the FAA office closest to proposed

area of operations. Flights imder special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA-published aeronautical chart unless a letter of agreement with

that airport's management is obtained, and the operation is conducted in accordance with

a NOTAM as required by the operator's COA. The letter of agreement with the airport

management must be made available to the Administrator upon request.

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

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

22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in

accordance with the operating documents.

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

accordance with the operating documents.

24. The PIC is prohibited from beginning a flight imless (considering wind and forecast

weather conditions) there is enough power to fly at normal cruising speed to the intended

landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under the grant of

exemption. This COA will also require the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the

operation. All operations shall be conducted in accordance with airspace requirements in

the ATO issued COA including class of airspace, altitude level and potential transponder

requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as

large as practicable.

2 0
27. Before conducting operations, the radio frequency spectrum used for operation and

control of the UA must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to

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

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

upon request.

29. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

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

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

persons (persons other than the PIC, SO, operator trainees or essential persons), vessels,

vehicles, and structures unless:

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

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

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

nonparticipating persons leave such protection and are within 500 feet of the UA, flight

operations must cease immediately 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;

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

an imdue hazard to those persons per § 91.119(a).

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

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

land owner/controller or authorized representative will be obtained for each flight to be

conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to

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

to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And

(h) Would Not Adversely Affect Safety.

Petitioner submits that the equivalent level of safety established by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Inspire 1 UAS unless that PIC has demonstrated, by

2 1
meeting minimum flight-hour and currency requirements, that the PIC is able to safely

operate the DJI Inspire 1 UAS in a manner consistent with the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Considering Petitioner's proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062); and

the airmanship skills necessary to safely operate the DJI Inspire 1 UAS, Petitioner

submits that the additional maimed airmanship experience of a commercially certificated

pilot would not correlate to the airmanship skills necessary for Petitioner's specific

proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

ExemptionNos. II062,11063,11064, 11065,11066,11067,11080,11109,11110,

11112,11136,11138,11150, 11153, 11156, 11158, 11159,11160,11161).

Petitioner will not allow any PIC to operate the DJI Inspire 1 UAS unless that PIC

has demonstrated, by meeting minimum flight-hour requirements or the DJI Inspire 1

UAS training and ciurency requirements, that the PIC is able to safely operate the DJI

Inspire 1 UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 homs of those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hornrequirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days

(for currency purposes).

As in Exemption Nos. 11062,11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during Petitioner' proposed operations. The Administrator has

held that prior documented flight experience that was obtained in compliance with

applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for

the purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total

time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a

multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make

and model of UAS to be used for operations under the exemption. For clarification, the

2 2
FAA considers these minimum hour requirements to be inclusive rather than additive; i.e.

5 hours make and model time may be included in the 10 hours of multi-rotor time and the

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the

hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90

days (for currency purposes). The FAA finds that at a minimum, the flight-hour

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in

the skills necessary to safely conduct the petitioner's proposed operations. The FAA also

finds that prior documented flight experience that was obtained in compliance with

applicable regulations would satisfy this requirement. Training, proficiency, and

experience-building flights can also be conducted under the grant of exemption to

accomplish the required flight time. During training, proficiency, and experience-building

flights the PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Petitioner will ensure safe operations by not allowing any PIC to

operate the DJI Inspire I UAS unless that PIC has demonstrated, by meeting minimum

flight-hour and currency requirements, that the PIC is able to safely operate the DJI

Inspire 1 UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained

because prior to every flight. Petitioner will ensure that the DJI Inspire 1 UAS is in an

airworthy condition based upon the UAS's compliance with its operating documents

and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062,11063,11064,11065,11066, 11067, 11080,11109, 11110,

11112,11136,11138, 11150,11153, 11156,11157,11158, 11159, 11160,11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of die DJI Inspire 1 UAs will be provided to the PIC

via GPS equipment and a radio communications telemetry data link, which downlinks

from the UA to the GCS for active monitoring of the flight path and altitude. This

altitude information, combined with Petitioner's operation of the DJI Inspire 1 UAS

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety

equivalent to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft.

2 3
Prior to each flight, a zero altitude initiation point is automatically established by the

UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062,11063,11064,11065, 11066, 11067, 11080, 11109,11112, 11136,11138,

11150,11153, 11156, 11157,11158,11159,11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established

by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the

location of the proposed flight operations. Accordingly, Petitioner will ensure that it

will safely operate the battery powered DJI Inspire 1 UAS during daylight hours in

VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes

to the first point of intended landing and, assuming normal cruising speed, to fly after

that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire 1

UAS; the limitations on the proposed flight operations; and the location of the proposed

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section

91.151(b). Furthermore, safety will be ensured as the DJI Inspire 1 UASs provide

audible and visual warnings to the PIC at the GCS when the UAs experiences low

battery voltage, the first waming occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery power. At the critically low

battery level, the DJI P Inspire 1 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section

91.151 establish that safety is not adversely affected when the technical characteristics

and operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted

relief from Section 91.151 specific to UAS, in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 8811,10808,10673, 11042,

11062,11063,11064,11065, 11066,11067, 11080,11109,11110, 11136,11138, 11150,

11153, 11156, 11157, 11158, 11159,11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2). And 91.417(a) & (b) Would Not Adversely Affect

Safety.

In seeking this exemption. Petitioner submits that the equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established

2 4
by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be

met because Petitioner will use trained technicians to perform maintenance, alterations,

or preventive maintenance on the UASs using the me&ods, techniques, and practices

prescribed in the operating documents (i.e., the Petitioner's Aerial Operations Manual,

Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore,

Petitioner will document and maintain all maintenance records for the DJI Inspire 1 UAS.

Since the DJI Inspire 1 UASs will be inspected as prescribed by the operating

documents, Petitioner will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Inspire 1 User

Manual is attached hereto as Exhibit B; a copy of the DJI Inspire 1 UAS Maintenance

LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because

Petitioner will use trained technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Inspire 1 UAS will be performed by trained technicians. Maintenance will be

documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety

is not adversely affected when the technical characteristics and operating limitations of

the UAS are considered.

In consideration of Petitioner's proposed operating limitations, the operating

documents, and the technical aspects of the DJI Inspire 1 UAS's, Petitioner submits

that safety will not be adversely affected by granting exemption from 14 C.F.R.

Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The

FAA has previously granted relief specific to UAS in circumstances similar, in all

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,

11065,11066,11067,11080, 11109, 11110, 11112,11136,11138,11150,11153,

11156,11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Petitioner requests that

the FAA prescribe special conditions for the intended operation of the DJI Inspire 1

UASs, which contain such safety standards that the Administrator finds necessary to

establish a level of safety equivalent to that established

2 5
by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such

special conditions will permit safe operation of the UAs for the limited purpose of

conducting aerial video and photography over certain areas of the United States for

compensation or hire. FMRA Section 333 sets forth the requirements for considering

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a

threat to national security; and further, provides the authority for such UAS to operate

without airworthiness certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14

C.F.R. § 21.16, for operation of the DJI Inspire 1 UAS, since the airworthiness

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety

standards, due to the novel or unusual design features of the aircraft. Section 21.16,

entitled Special Conditions^ states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller,

he prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to

establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. §21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Leading Edge's intended operation of the DJI Inspire 1

UAS, which contains such safety standards that the Administrator finds necessary to

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H,

and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121,91.151(b), 91.405(a), 91.407(a)

(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which Petitioner Seeks Exemption:

Ribble Real Estate Company LLC d/b/a Coldwell Banker Elite seeks exemption

from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Petitioner Seeks:

This exemption will permit Ribble Real Estate Company LLC d/b/a Coldwell Banker

Elite, to commercially operate an Unmanned Aircraft System (UAS) for the purpose of

conducting aerial video and photography over certain areas of the United States.

2 6
Any Additional Information, Views, Or Arguments Available To Support

Petitioner's Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if

certain UAS may operate safely in the NAS. As such, Petitioner's request for exemption

may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as

set forth above. FMRA Section 333 sets forth the requirements for considering whether a

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to

national security; and further, provides the authority for such UAS to operate without

airworthiness certification. As discussed in detail above. Petitioner will operate the DJI

Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the

public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein. Petitioner seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will

permit safe operation of the DJI Inspire 1 UAS commercially, without an airworthiness

certificate, for the limited purpose of conducting aerial video and photography over

certain areas of the United States. By granting this Petition, the FAA Administrator will

be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of

2012, while also advancing the interests of the public, by allowing Petitioner to safely,

efficiently, and economically operate the DJI Inspire 1 UAS commercially within the

WHERFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Ribble Real Estate Company LLC

d/b/a Coldwell Banker Elite respectfully requests that the Administrator grant this

Petition for an exemption from the requirements of 14 C.F.R. Section 61.113(a) & (b),

91.7(a). 91.121, 91.151(b). 9L405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b). and permit Ribble Real Estate Company LLC d/b/a Coldwell Banker Elite to

operate the DJI Inspire 1 UAS commercially for the purpose of conducting aerial video

and photography over certain areas of the United States.

Mark Duch

Attorney at Law

4035 Jefferson Ave.

Texarkana, AR 71854

(870) 772-2080 (telephone)

(870) 772-2099 (facsimUe)

mark@duchlaw.com

NAS.

Respectfully submitted.

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EXHIBIT-A

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Petitioner only utilizes safe and reliable UASs. DJI is an industry leader in small UAS

production. DJI UASs are loaded with ground breaking software enabling the user to set

parameter which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as wel as limit flight

to a predetermined and set distance. In addition, DJI software provides real-time altitude

and location information to the PIC via the linked monitor (smart phone/tablet devices)

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model-T600

2.2.1.2 Weight (Battery Included) - 61bs 7.529loz (2935g)

2.2.1.3 Hovering Accuracy (GPS Mode) - Vertical: 0.5m; Horizontal: 2.5m

2.2.1.4 Max Angular Velocity - Pitch: 3000/s; Yaw: 1500/s

2.2.1.5 Max Tilt Angle - 350

2.2.1.6 Max Ascent Speed - 5m/s

2.2.1.7 Max Descent Speed - 4m/s

2.2.1.8 Max Speed - 22m/s (ATTI mode, no wind - NOT RECOMMENDED)

2.2.1.9 Max Flight Altitude - 4500m

2.2.1.10 Max Wind Resistance - lOm/s

2.2.1.11 Max Flight Time - Approximately 18 minutes

2.2.1.12 Motor Model - DJI 3510

2.2.1.13 Propeller Model - DJI 1345

2.2.1.14 Operating Temperature Range - 140F to 1040F (-100C to 400C)

2.2.1.15 Dimensions - 17 1/4" x 17 x 12"

2.2.2 Gimbal

2.2.2.1 Model - ZENMUSE X3

2.2.2.2 Output Power (with camera) - Static: 9W; In Motion: 1IW

2.2.2.3 Operating Current - Static: 750mA; In Motion: 900mA

2.2.2.4 Angular Vibration Range - ±0.030

2.2.2.5 Mounting - Detachable

2.2.2.6 Controllable Range - Pitch: -900 to +300; Pan: ±3200

2.2.2.7 Mechanical Range - Pitch: -1250 to 450; Pan: ±3300

2.2.2.8 Max Controllable Speed-Pitch: 1200/s; Pan: 1800/s

2.2.3 Camera

2 . 2 . 3 . 1 N a m e - X 3

2.2.3.2 Model-FC350

2.2.3.3 Total Pixels - 12.76M

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2.2.3.4 Effective Pixels - 12.4M

2.2.3.5 Image Max Size - 4000x3000

2.2.3.6 ISO Range - 100-3200

2.2.3.7 Field of View - 940

2.2.3.8 CMOS - Sony EXMOR 1/2.3"

2.2.3.9 HD Video Recording - UHD(4K):

4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920xl080p24/25/30/48/50/60:

HD: 1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range - 320F - 1040F (OOC - 400C)

2.2.4 Transmitter

2 . 2 . 4 . 1 N a m e - C I

2.2.4.2 Operating Frequency - 5.728-5.850GHz; 2.400-2.483GHz

2.2.4.3 Communicating Distance (unobstructed) - 2000m

2.2.4.4 Output Power - 9W

2.2.4.5 Operating Temperature Range - 140F to 1040F (-100C to 400C)

2.2.4.6 Battery - 600mAh LiPo 2S

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E X H I B I T - B

DJI Inspire 1 Manufacturer's User

Manual User manual can be found at:

http://www.diixom/product/inspire-1 /download

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E X H I B I T - C

M O N T H LY M A I N T E N A N C E L O G

m o n t h : y e a r ;

UAS«:

D a t e I s s u e

Discovered

D a t e I s s u e

Addressed

Issue Description & Maintenance Conducted

Maintenance Performed by:

Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration Dampening

Other:

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