UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

SEAGULL AERIAL LLC

FOR AN EXEMPTIO N SEEKING RELI EF FROM TH E REQUIRE MEN TS OF

TI TLE 14 OF TH E CODE OF FEDERAL REGULATIONS

SECTIONS 61.101(e)(4) & (5), 61.113(a) & (b), 61.23(a), 61.315(a), 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 OPERATION OF DJI INSPIRE 1 AND DJ I

PHANTOM 2

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZ ATION AND REFORM ACT OF 2012

(PUBLIC L AW 112-95)

Submitted on May 20

, 2015

Max Seigal

Seagull Aerial LLC

747 10th St.

Boulder, CO 80302

Te l: ( 720) 771-7789

Email: max@seagullaerial.comTABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS .................................................................................. 3

SUMMARY

.......................................................................................................................... 4

INTRODUCTION AND INTERESTS OF PETITIONER. ...................................................4

BACKGROUND

.................................................................................................................... 4

BASIS FOR PETITION

........................................................................................................ 5

NAME AND ADDRESS OF PETITIONER. ........................................................... 7

THE SPECIFIC S EC TIONS OF 14 C.F.R. F R OM WHIC H SEAGULL AERIAL LLC

SEEKS EXEMPTION .................................................. 8

THE EXTENT OF RELIEF SEAGULL AERIAL LLC SEEKS AND THE

REASON SEAGULL AERIAL LLC SEEKS THE RELIEF............... . 11

THE REASONS WHY GRANTING SEAGULL AERIAL LLC’S

REQUEST WOULD BE IN THE PUBLIC INTEREST .......... ........................... 15

T HE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY ......................................................................... 19

SUMMARY THAT C AN BE PUBLISHED IN THE FEDERAL REGISTER. .... 34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT SEAGULL AERIAL LLC’S REQUEST....

.............................................................................................................................. 34

CONCLUSION

............................................................................................................................ 35

APPENDICES........................................................................................37

2GLOSSARY OF ABBREVIATIONS

AG L Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certi f icate of A uthorizati on

FAA Federal Aviation Administration

FAR Federal Aviation Regula tion

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

3SUMMARY

Jason R. Oppenheime r seeks exemption fr om t he requirement s of 14 C.F .R §§

61.101(e)(4) and (5), 61.315(a ), 6 1.23(a)

, 91.7(a ), 91.121, 91.151(b), 91.405(a),

91.407(a )(1), 91.409(a )(1) & (a )(2), a nd 91.417(a ) & (b), to operat e an Unmanne d Aircraft

System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA). This exemption will permit Seagull Aerial L LC to operate an Unmanned

Aircraft Sy stem (UAS) for the commercial purpose of conducting aer ial video and

photography of construction sites, building i nspections, agricultu ral land s, outdoor

r ecreational facilities, real estate, s pecial events, and landscapes within the Un ited States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Seagull Aerial LL C w ill provide its clients with high quality d igital content for us e

in their commercial, personal, and non-profit multimedia projects. Seagull Aerial LLC has

years of film making and photography experience and will use s tate -of-th e -ar t technology t o

make high quality video and photo pr oductions for any client

. Seag ull Aerial LLC has over 3

ye ars recreational/hobby ex perience in all aspects of ae rial video and photography. The

o bjective of Seagull Aerial LLC aerial video and photography operations is to provide

h igh quality imag in g for a v ariety of commercial, public, and r esidential uses, specifically

targeting:

• Aerial event f

ilming an d photography

• Promotional videos for businesses, non-p rofits & g overnment

en tities

• Photo and video production for real estate marketing

4BACKGROUND

Unmanned Aircraft Systems: DJI Inspire 1 UAS

Seagull Aerial LLC seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Inspire 1 (Inspire 1) and DJI Phantom 2 are vertical takeoff

and land ing (VTOL) Unmanned Aircraft ( UA) with a Ground Control Station (GCS)

u tilizing el ectro nic tablet o r smart phone systems. The Inspire 1 and Phantom 2 are el ectric

p owered rotary wing UAS t hat i s c ap able of t ransmitting l ive airborne video i mages an d

l ocation information to a Ground Control Station (GCS). Both the Phantom and Inspire

store the photographs and da ta on b oard and m akes them av ailable for d ownload af ter

completion o f

t he flight. Th e In spir e is 22 in x 22 in x 8 in and weighs 6.4 pounds, and the

Phantom 2 is lighter at 2.2 pounds. 14 in x 14 in x 6 in. Both are well under the 55 lbs

mandated in the FMRA. Th e Inspir e h as a maximum cr u ising s peed o f 42 knots while the

Phantom has a maximum cruising speed of 29 knots

. Both are battery powered, ha ve a

flight endurance of 22 minutes and can operate in temperatures ranging from 0° to 40° C.

Both the Inspire and the Phantom 2 have omni-dir ectional an ten na with a range of 2.1 km

and oper ating in the 2.420 – 2.483 GHz frequency range.

The Inspire 1 and Phantom 2 that will be operated by Seagull Aerial LLC will be

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft

, as well as 14

C.F.R Pa r t 47, Aircraft Re gistration

, and mark ed in accordance with 14 C.F.R. Pa rt 45,

Identification and Registration Marking

.

BASIS FOR PETITION

Th e p etitioner, Seag ull Aerial LLC

, pursuant to the provisions of the Federal

Aviation Regulatio ns (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

p etitions the Administrator to commercially operate the DJI Inspire 1 in the National

Airspace System (NAS), and for an exemption from the requir ements of 14 C.F.R §§ 561.101(e)(4) and (5), 61.315(a ), 61 .23(a)

, 91.7(a ), 91.121, 91.151(b), 91.405(a),

91.407(a )(1), 91.409(a )(1) & (a)(2), a nd 91.417(a ) & (b).

I n consideration of the speed, weight, size, and limited operating area associate d

with the unmanned aircraft and its operation, Seagull Aer ial ’s operation of the DJI

Phantom 2 and

I nspire 1 UAS meets the conditions of FMR A Section 333 and therefore,

will not require an airworthiness cer tificate in accordan ce with 14 C.F.R. Part 21, Subpart

H.

Accordingly, Seagull Aerial LLC 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 air worthiness certificate.

Seagull Aerial LL C submits that the requested relief is proper sin ce an equivalent

level of safety will be ensured. Seag ull Aerial LL C will use experienced personnel and

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

using the methods, techniq ues, and practices prescribed in the operating documents (i.e.,

Monthly Maintenance L

o g, Phantom 2 Instruction Maual and DJI Inspire 1 Instruction

Manual). Furthermore, Seagull Aerial LL C will document and maintain all maintenance

records for the DJI Inspire 1 UAS.

Relief from certain requ irements of Section 61.101(e)(4) and (5) entitled

Recreational pilot privileges and limitations: Pilot in command

, and from Section

6 1.315(a) e ntitle d W

hat are th e p rivileges a nd lim its o f my s port pilot certi

ficate , a nd

f r om

Section 61.23(a) e ntitled Medical c ertificates: R equiremen ts a nd duration

, is requested by

Seagull Aerial LL C to the extent necessary to allow a Pilot in Command (PIC) holding a

sport pilot or higher level certificate, as well as a va lid d river’s l icense

, an d wh o has

demonstrated, by meeting m inimum flight- hour and currency requirements, that the PIC is

able to safely operate the DJI Inspire 1 UAS in a manner consistent with this 6exempti on, including ev asive a nd emergency maneuvers a nd maintaining appropriate

d istances from people, v essels, vehicles and structures.

Seagull Aerial L

LC seeks relief from Section 91.7(a), en titled Civil aircraft

airworthiness

, because the DJI Inspire 1 UAS do not require an airworthiness cer tificate in

accordance with 14 C.F.R. Part 21, Subpart H. As such, Seagull Aerial L LC submits that it

will ensure that the DJI Inspire 1 and Phantom 2 UAS are in an airworthy condition, prior to

every flight, b y d etermining that th e UASs are in compliance with the operating

documents (i.e., Monthly Maintenance Lo g, and DJI Inspire 1 Instruction Manual), and that

the aircraft are i n a condition for safe flight.

Seagull Aerial LLC also seeks an exemptio n from the requirements of Section

91.121, entitled Altimeter Settings

, as the DJI Inspire 1 and Phantom 2 UA s will not have a

typical barometr ic altimeter onboard. However, altitude information of the DJI Inspire

1 and Phantom 2 UA s will be provided to the PIC v ia Global Positioning System (GPS)

equipment and radio c o mmu nications telemetry data link, whi ch downlinks from the UA s

to the GCS for active monitoring of the flight path. This altitude information, combined

with Seagull Aerial LLC’s skilled operation of the DJI Inspire 1 UAS within visual line of

sight, at or below 500 f

eet A GL, will ensure a level of safety equ ivalent to Section 91.121.

Seagull Aerial LL C also s eeks an exemption from the requirements of Section

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

. Seagull Aerial LLC

submits that safety will not be affec ted by operation of the DJI Inspire 1 and Phantom 2

UA s during daylight hours in visual meteorolo gical conditions (VMC) under visual flight

rules (VFR), w ith enough battery power to fly for a to tal duration of approximately 15

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

af ter that for at least 5 minutes.

7In accordance with 14 C.F.R. § 11.81, Seagull Aerial provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The n ame and address of the Petitioner and point of contact is:

Max Seigal

Seagull Aerial LLC

7 47 10th St

Boulder, CO 80302

Tel: ( 720) 771-7789

Email: max@seagullaerial.com

B. The Sp ecific Sections Of 14 C.F. R. From Which Seag ull Aerial LLC Seeks

Exemption.

1. Seagull Aerial LLC Seeks Exemption From The Requirements Of

Section 61.101(e)(4) and (5).

S ection 61.101, entitled Recreational pilot privileges and limitations: Pilot in

command , subsection (e)(4) and (5) prescribe the following, in relevant part:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot

may n ot act as p ilo t i n command o f an aircraft

--

(4) For compensation or hire;

(5) In furtherance of a business;

(f) Seagull Aerial LLC Seeks E xemption From The Requirements Of Section

61.23(a).

S ection 61.23(a), entitled Operations requiring a m edical certificate: Requirements

and duration , subsection (a) prescribe the following, in relevant par t:

(f) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot

may not act as pilot in command of an aircraft

--

83. Seagull Aerial LLC Seeks Exemption From The Requirem ents Of

Section 61.315(a).

S ection 61.315(a), entitled What a re the privileges and limits of my sport pilot

certificate , subsection (a) prescribe the following, in relevant part:

(c) You m ay n ot act as p ilot in co mmand of a light -sport aircraft:

(2) For compensation or hire.

(3) In furtherance of a bu siness.

--

( ci) Seagull Aerial LLC Seeks Ex emption From The Requirem ents Of

Section 91.7(a).

S ection 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 co ndition.

5. Seagull Aerial LLC Exemption From The Requirem ents Of

Section 91.121.

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

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or fli ght

level of that aircraft, as the case may be, by reference to an altimeter that is set,

when operating--

(1) B elow 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 s tation; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the

departure ai rp ort or an appropriate altimeter setting available before

departure.

96. Seagull Aerial LLC Exemption From The Requirem ents Of

Section 91.151(b).

S ection 91.151, entitled Fuel requirements for flight in VFR conditions , subsection

(b), states the followin g:

(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 t he first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 20 minutes.

7. Seagull Aerial LLC Exemption From The Requirem ent Of

Section 91.405(a).

S ection 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 r equired inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter[.]

8. Seagull Aerial LLC From The Requireme nts Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, p reventive

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) I t has b een approved for return to service by a person authorized under §

43.7 of this chapter[.]

(b) Seagull Aerial LLC Seeks Exemption From The Requirements Of Sections

91.409(a)(1) and 91.409(a)(2).

S ectio n 91.409, entitled Inspections , subsection (a), states the following:

(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 a nnual 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 i nspection for the issuance of an airworthiness certificate in accordance

10with part 21 of this chapter.

10. Seagull Aerial LLC Ex emption From The Requirements Of

Sections 91.417(a) and 91.417(b).

S ection 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) Re cords of the maintenance, preventive maintenance, and alteration and

records of the 100-hour, annual, progressive, and other required or approved

ins pections, 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; an d

(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, e ach 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 i nspection required by the inspection program under which the

aircraft a nd 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 re curring 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

11major 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 specif ied 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 i s performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained

and transferred with th e aircraft at the time the aircraft is sold.

(3) A l ist 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.

C. The Extent Of Re lief Seagull Aerial LLC Seeks And The Reason Seagull A erial

LLC Seeks The Relief.

1. Extent Of Relief Seagull Aerial LLC Seeks And The Reason Seagull

Aerial LLC Seeks Relief From Section 61.113(a) an d

(b).

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

limitations: Pilot in command

, is requeste d to t he extent necessary to allow a PIC holdi ng a

p rivate pilot or highe r level certificate, as well as a curre nt a nd valid airman medical

certificate, a nd wh o ha s met certain flight -hour a nd currenc y req uirements, to conduc t th e

propose d UAS flig ht operati ons for compensation or hire.

This relief is requeste d since t he limitations set fort h in Section 61.113(a ) a nd (b)

state that a private pil ot may, for compensation or hire

, act as PIC of an aircraft in

connecti on with a ny busines s or emp loyment i f: (1) T he flig ht is onl y incidental to that

busines s or employment; a nd (2) T he aircraft doe s not ca rry passenge rs or propert y for

compensation or hire.

As set forth more fully below, Seagull Aerial LLC submits that an equivalent level

of safety will be maintained because no PIC will be allowed to operate the DJI Inspire 1

or Phantom 2 U AS unless th at PI C has me t ce rtain flight-hour and currency re qu irements,

12demonstrating that the PIC is able to safely operate either the DJI Inspire 1 or Phantom 2

UAS in a m anner consistent with the operations specification s as d escribed in th is

exe mption, including evasive and emer gency maneuvers, as well as maintaining

appr opriate distan ces from people, vessels, vehicles and structures.

Further, Seagull Aerial LLC sub mits that all flights of the DJI Inspire 1 and

Phantom 2 UAS, conducted by the PIC pursuant to the grant of this Petition: (1)

will be incidental to Seagull Aer ial LLC bu siness; and (2) will not carry

p assengers or property for compensation or hire.

2. Extent Of Relief Seagull Aerial LLC Seeks And The Reason

Seagull Aerial L LC S eeks R elief From Se ction 61 .2 3(a)

.

Relief f rom Secti on 61.23(a ), entitle d Operations r equiring a m edical certificate:

Requirements and duration, is requested t o the extent required t o necessary to allow a PIC

holding a sport pilot certificate or higher level certificate, as well as a current and valid

driver ’ s l icense, to conduct the proposed UAS flight operations for compensation or hire.

This r elief

i s r equested s ince the limita tions s et fort h in Section 61.23(a) ot herwise

require t he PIC of any flight for compensation or hire to hold a comprehensiv e FAA i ssued

medical c ertificate . I n E xemption No. 11213 to Aery on Labs

, Inc., the FAA “finds t hat,

because of t he risk m itigations es tablished i n t he conditions and limitations of t his

exemption, a person t hat hol ds a U.S. i ssued d river’s l icense who i s ope rating a UAS w ill

not a dversely a ffect s afety. The FAA i s granting re lief from § 61.23(a ) to allow a ny pilot

that hol ds one of the pilot’s ce rtificates di scussed abov e to ope rate a UAS unde r t his

exemption with a U .S. issued driver’s l icense, in lieu of a n FAA- issued m edical c ertificate.

The FAA i s a ls o granting re lief from § 61.23(c) to allow s port pi lot certificate holders t o

operat e aircraft o ther t han LSA w ith a U.S. i ssued dr iver’s l icense under this exe mption. ”

133. Extent Of Relief Seagull Aerial LLC Seeks And The Reason

Seagull Aerial LLC Seeks Relief From Section 61.315(a).

Relief from S ection 61.315(a) entitled What ar e the privileges and l imits of m y

sport pi lot cer tificate

, is r equested to t he extent ne cessary to al low a PIC hol ding a s port

pilot or hi gher l evel c ertificate to conduct the propos ed UAS fl ight ope rations for

compensation or hire.

This r elief

i s r equested s ince the limitat ions s et fort h in Section 61.315(a) r estrict a

sport pi lot f

rom acting as the P IC of any fl ight for compensation or hire, or for the

furtherance of any bus iness.

I n E xemption No. 11213 to Aery on Labs

, Inc., the FAA re- assessed t he level of

pilot c ertificat e that w ould b e appropriat e for t he petitioner’s ope rations. I n ev aluating t his

petition, s imilar t o the evaluation of the private and com mercial pi lot cer tificates i n

Exemption N o. 11062, t he agency com pared t he aeronautical know ledge requirements o f

the recreational and s port pi lot c ertificates t o t hose of

t he private pilot c ertificate. Th ey

found t hat t he aeronautical know ledge requirements t hat w ould b e applicabl e to a UAS

operation for a re creational pi lot a nd sport pi lot c erti ficat e are substantially similar a s t hose

for a private pilot c ertificate.

Additionally, similar t o the privat e and co mmercial p ilot certificates, hol ders of

recreational and s port p ilot certificates ar e s ubject t o s ecurity s creening b y t he Department

of Homeland Security (D HS).

Therefore, be cause they m ust d emonstrate aer onautical know ledge relevant t o U AS

operations and are subject to D HS screening, f actors t hat w er e considered by t he FAA i n

allowing pri vate pi lot op erations unde r previous e xemptions, t he FAA now de termines t hat

holders of r ecreational and s port pi lot cer tificates m ay s erv e a s t he P IC for UAS

operations.

144. Extent Of Relief Seagull Aerial LLC Se e ks And Seagull Aerial

LLC 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 Seagull Aerial LL C to determine that the DJI Inspire 1 UAS are in

airworthy condition prior to every flight by ensuring that the UAS is in co mpliance wi th

the operating documents (i.e., the DJI Inspir e 1 Maintenance

M anual

, Monthly Maintenance

L o g

, and DJI Inspire 1 Instruction Manual).

Seagull Aerial LL C seeks the requested relief because the DJI Inspire 1 UAS do

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Therefor e, Seagull Aerial L LC will ensure that the DJI Inspire 1 UAS are in airworthy

condition based upon its compliance with the operating documents (i.e., Monthly

Maintenance L

o g, and DJI Inspire 1 Instruction Manual) prior to ev ery flight, and further,

de termine that the aircraft are in condition for safe flight, as stated i n the conditions and

limitations below.

5. Extent Of Relief Seagull Aerial LLC Se e ks And The Rea son

Seagull Aerial LLC Seeks Relief From Section 91.121.

R elief from Section 91.121, entitled Altimeter setting s, may be required to allow

flight operations of the DJI Inspire 1 UAS, wh ich utilize a barometr ic 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). Si nce the FAA

requires th at any altitude information concerning UAS operations be reported to air traffic

control (ATC) in feet above ground level (AGL), Seag ull Aerial LL C seeks the requested

r elief becau se 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.

15Considering 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 are equipped with a barometric pressure sensor

an d 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.

6. Extent O f Relief Seagull Aerial LL C Se e ks And Seagull Aerial

LLC Relief From Section 91.151(b).

R elief from Section 91.151(b) entitled Fu e l requirements for flight in VFR conditions, is

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

Phantom 2 UAs during daylight hours in visual meteorological conditions (VMC), under

vi sual flight rules (VFR), for a total duration of 15 minutes to the first point of intended

landing and, a ssuming normal cruising speed, to fly after that for at least 5 minutes.

Seagull Aerial LLC seeks the r equested relief because without an exemption from

Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1 and

Phantom 2 UA will severely constrain the practicality of any aerial v ideo or still photo

flight op eratio ns that Seagull Aerial proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the tech nical specif ications of the DJI Inspire 1

and Phantom 2 UAS, the DJI Inspire 1 and Phantom 2 operating documents, and Seagull

Aerial LLC’s proposed operating limitations, ensure that Seagu ll Aerial LL C will safely

operate the battery powered DJI Inspire 1 and Phantom 2 UAs during d aylight hours in

visual meteorological conditions

(VMC), under visual flight rules (VFR), with enough battery pow er to fly for a total

duration of 15 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 5 minutes.

167. Extent Of Relief Seagull Aerial LLC Se e ks And The Reason

Seagull Aerial LLC 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 certif icate, Seagull Aerial LL C req uests relief

from these Sections because the DJI Inspire 1 and Phantom 2 UAS does not require

airworthiness certificates. As set forth more fully below, the DJI Inspire 1 and Phantom 2

UAS m eets the conditio ns of F MRA Section 333 for operation without an airworthin ess

cer tificate. Accordingly, Seagull Aerial LLC will use highly trained technician s to perform

maintenance, alter ations, or p reventive main tenance on the UASs using the methods,

t echniques, and practices prescribed in the UAS operating documents (i.e., the DJI Inspire

1 Ma intenance Ma n ual, Phantom 2 Maintenance Man ual, Maintenance Lo g, Phantom 2

Instruction Manual, and DJI Inspire 1 Instru ction Manual). Furthermore, Seagull Aer ial

will document and maintain all maintenance records for th e DJI Inspire 1 UA S.

D. The Reasons Why Granting Seagull Aerial LLC Request Would Be In

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

Granting the present Petition will further the public interest by allowin g Seagull

Aerial LLC to safely, efficiently, and economically conduct aerial vi deo and photography of

o utdoor recreational

fa cilities

, real

e state

, special e vents, a

nd landscap es o ver certain areas of the

United States.

Additionally, use of the DJI Inspire 1 and Phantom 2 UAS will decrease cong estion

of the NAS, reduce pollution, and provide significant b en efits to the economy. Notably, the

b enefits of Seagull Aerial LL C ’ s proposed operation of the DJI Inspire 1 and Phantom 2

UAS will be r ealized without i mplicating any privacy issues.

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

The DJI Inspire 1 and Phantom 2 UA S are battery powered and serve as a safe, efficient,

an d economical alter native to the manned aircraft traditionally utilized to obtain aerial

imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions,

an e x emption allowing the use of a DJI Inspire 1 and Phantom 2 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, b y 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 and Phantom 2 UA S do not require an airport to takeoff or land. L ikewise, a

reduction of m anned aircraft conducting aerial video and photography missions would

result in fewer aircraft th at mu st be handled by air traffic control during the ground,

takeoff, departure, a rrival, and landing phases of flight operations.

2. T he Public Will Benefit From The Safety And Efficiency Of The DJI

Inspire 1 and Phantom 2 UAS.

Conducting aerial acquisitions with the DJI Inspire 1 and Phantom 2 UAS, in stead of

manned aircraft, will gr eatly benefit the public by drastically reducing the levels of air

and noise pollution g enerated during traditional aerial video and still photography flight

operations. By using battery power and electric motors, the DJI Inspire 1 and Phantom 2

UAS produce no air pollution, and is the most v iable environmentally conscious

alternative to the cabin class, six cylin der internal combustion engine aircraft that are

typically utilized f

or aerial video and photography, while burning approximate ly 20-30

g allons per hour of leaded aviation fuel. The DJI Inspire 1 and Phantom 2 UA S, while

reducing the carbon footprint of aerial acquisition s, also eliminates noise pollution, as

the UA Ss are propelled by battery p owered electric motors, rather than an internal

combustion engine. 18By u sing the DJI Inspire 1 and Phantom 2 UAS to perform aer ial 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 from the lack of flight crew members located onboard

the aircraft, the DJI Inspire 1 and Phantom 2 UA S ( Inspire 1 weighing approximately 6.5

pounds maximum gross weights with a length of 17.3 inches

, width of 17.7 inches

, and

w ith no fuel on board , and Phantom 2 even smaller and lighter ), ha ve less p hy sical

p otential for co llateral damage to lif e and property on the ground, and in the air,

compared t o the manned aircraft that ty pically 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. Perfo rming Aerial Video and Photography Operations With The DJI

Inspire 1 and Phantom 2 UAS Will Benefit The Economy.

I n addition to being safe and efficient, the DJI Inspire 1 and Phantom 2 ar e econom ical

alternative s to using man n ed aircraft to conduct similar aerial operations. As such,

operation of the DJI Inspire 1 and Phantom 2 UAS will allow United States based

co mpanies, like Seagull Aerial LL C

, to remain competitiv e and contribute to growth of

the U. S. eco nomy. Specifically, with the rising cost of aviation fuel and the Envir on mental

Protection Agency ( “EPA”) regulatory actions phasing out leaded aviation fuel s, U.S.

owned and operated c o mpanies must adopt new and alternative technology in order to

r emain competitiv e. Operating the batter y powered DJI Inspire 1 and Phantom 2 UAS

allows companies greater operational flexibility comp ared to manned aircraft, and

provides s uch flex ibility without the high oper ational cost of a traditional manned aircraft.

By operating the DJI Inspire 1 and Phantom 2 UAS, co mpanies such as Seagull

Aerial LLC, can remain comp etitive and profitab le, and therefore, provide gr eater job

stability to e mployees and contractors, which will ultimately contribute to growth of the

U.S. 19economy. Improved f inancial performance of U.S. companies, through commercial u se of

the DJI Inspire 1 and Phantom 2 UAS, provides a stable workforce that increases

consumer spending; improves local, state, and fed eral tax revenues; and allo ws

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

d ecades, Seagull Aerial LLC proposed operation of the DJI Inspire 1 and Phantom 2

UAS will not i mplicate any privacy issues. Specifically, the DJI Inspire 1 and Phantom 2

UAS will be o perated only in complian ce with the cond itions s et fort h i n any e xemption

g ranted und er t his p etition

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

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

Prov ided By The Rule From Which Seagull Aerial LLC Seeks Exemption.

1. Reasons Why The DJI Inspire 1 and Phantom 2 UA s Meet The Conditions Of The FAA

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

I n consideration of t

he size, weight, speed, and l imited operating area

associated with the unmanned ai rcraft and its operation, Seagull Aerial LLC operation

of the DJ I Inspire 1 and Phantom 2 UA S meet the conditions of FMRA Section 333,

and wi ll not require an airworthiness certificate in accordance wi th 14 C.F.R. Part 21,

Su b part H.

Se ction 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 Gen eral. --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.

20(b) Assessment of Unmanned Aircraft System s. --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 required for the operation of unmanned aircraft systems

identified under paragraph (1).

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

that certain unmanned ai rcraft 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, Seagull Aerial LL C submits that the DJI Inspire 1 and

Phantom 2 UAS c an operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the ch aracteristics of the DJI Inspire 1 and Phantom 2 UAS; (b) the

pilot certification requirement; and

(c) the specific operating limitations.

a. The Specifications Of The DJI Inspire 1 and Phantom 2 UAS

Demonstrate Its Safe Characteristics.

The DJI Inspire 1 and Phantom 2 UAS do not create a hazard to users of the NAS

or the public, or otherwise pose a thr eat to national security considering its size, weight,

s peed, and o p erational capabilit y.

i. Technical Specifications Of The DJI Inspire 1 and Phantom 2 UAS.

The technical specif

ications of the DJI Inspire 1 and Phantom 2 UAS are set forth by the

DJI Inspire 1 and Phantom 2 Specification s and Data Sheet, attached h ereto as Exhibit A.

ii. The DJI Inspire 1 and Phantom 2 UAS Autonomous Flight And Navigatio n Mo des

E nable The UAS To Remain Within A Defined O perational Area.

The DJI Inspire 1 and Phantom 2 UAS may be operated in both manual and fully

autonomous flight

modes. A complete description of the flight and navigational

modes of the DJI Inspire 1 and Phantom 2 UAS is provided in the DJI Inspire 1

21U s er Manual, a t t a c h e d h ereto a s Exhibit B

. 1 , and Phantom 2 User Manual, attaches hereto

as Exhibit B.2

iii. T he DJI Inspire 1 and Phantom 2 UAS Are Designed Fo r Automatic Return To

Ho me Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI In s pire 1 and Phantom 2, the UAs will

remain s tationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 or

Phantom 2 UA does not reacquire control link data from the GCS, the UA will assume that

the Control Lin

k is lo st and the UA 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 of the DJI Inspire 1 and Phantom

2 UAS are set forth in the DJI Inspire 1 User Manual, at tach ed h ereto as B .1 and Phantom

2 User Manual, attached hereto as B.2

iv. T he DJI Inspire 1 GCS And Its O peration.

A complete descrip tion of the operation an d s pecifications of the DJI Inspire 1 G CS and

flight control software is provided in the DJ I Inspire 1 User Man ual. DJI Inspire 1 User

Manual is attached hereto as Exhibit B.

b. Flight Operations Of DJI Inspire 1 and Phantom 2 UAS Are Limited To The Line Of

Sight Of A Certificated Pilot in Command With A Safety O bserver.

Seagull Aerial LL C will only u tilize certificated pilots who possess a current

and v alid airman me d ical certificate to act as a pilot in command (PIC) of the DJI Inspire

1 and Phantom 2 UAS. Ad ditionally, a safety observer will assist all pilots during flight

.

c. Flights Of DJI Inspire 1 and Phantom 2 UAS Will Be Conducted Pursuant To Specific

Operating Limitations.

I n seekin g this exemption, proposes to commercially operate DJI Inspire 1 and Phantom 2

UAS for the sp ecial purpose of conducting aer ial video and photography ov er cer tain areas

of United States, pursuant to the following specific operating limitatio ns:

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

aircraft described in the operating documents, rotorcraft UASs weighing less t han

55 pounds maximum gross weight: DJI Inspire 1 and Phantom 2 Unmanned

Aircraft System. 22Proposed operations of any other aircraft wil l require a new petition or a petition

to amend this grant.

2. UAS operations under 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 s must be o p erated at an altitude of no more than 500 feet above ground

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

u nless a sp ecial request is made and approved by ATC. All altitudes reported to

ATC must be in feet AGL.

5. The UAs must be operated within v isual lin e of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any d evice

other than correctiv e lenses, as specif ied on the PIC’s FAA -i ssued airman m edical

certificate.

6. The use of first person v iew (FPV) by the PIC or s afety observer (SO) is not

p ermitted.

7. All operations mu st utilize a safety observer (SO). The SO m ay be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS cap ability. The

SO and PI C must be able to communicate verbally at all times. Electr onic

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

d esignated before the flight and cannot transfer his or her designation for the

duration of the flig h t. 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/o bstructio ns and

is not p ermitted to operate the camera or oth er instruments.

9. The o perating documents and the grant of exemption must be accessible during

UAS operations and made available to th e Administrator upon request. If a

d iscrepancy exists b etween the conditions and limitations con tained in the grant of

exemption and the procedures outlined in the operating documents, the conditions

and limitations contained in the grant of exemption take p recedence and must be

followed. Otherwise, the operator must follow the procedures as outlined in its

operating d o cuments. The operator may update or revise its operating documents.

I t is the operator’s responsibility to tr ack such r ev isions and present updated and

r evised documents to the Administrator upon request. The ope rator must also

present updated and

r evised 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 b asis upon which the FAA granted the exemption, then the

ope rator must petition for amendment to its grant of exemption. The FAA’s UAS

I ntegration Office ( AFS -80) may be contacted if questions arise regarding updates

or revisions to the operating documents.

10. Prior to each flight the PIC mu st insp ect the UAS to ensure that it is in a

23condition 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

co ndition 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 UA S

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

component, m ust undergo a functional test flight. The PIC who conducts the

functional t est flight must make an entry in the aircraft records.

12. The pre-flight inspection must accou nt for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the

relevant s ections 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 t o service.

15. Each UASs operated under this exemption must comply with al l manufacturer

Safety Bulletins.

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

corrective act ion taken against discrepancies discovered between inspections.

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

third- cl ass medical certificate.

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

operator’s q ualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how the UAS will be ope rated under the

exemption, i ncluding 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 during dedicated training sessions. During training, proficiency, and

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

considered nonparticipants, and the PIC must operate the UA with appropriate

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

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

19.1. All operations must be conducted under visual meteorological

24conditions (VMC). If flight at night is required, a special request will be made at

the FAA office closest to proposed area of operations. Flights under 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 c loud 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 predetermined location within the planned operating area and land or be recovered

in ac cordance 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 unless (considering wind and

forecast weat her 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 A irman (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, reg istered in accordance with 14 C.F.R. part 47, and have

identification (N- N umber) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

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 t o the PIC at the Ground Control Station of the UAS any time the

UAS i s operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

2529. The UA must remain clear and yield the right of way to all manned aviation

operations and act ivities 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 su ch 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, a nd;

c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue 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 represent ative.

Permission from land owner/controller or authorized representative will be

obtained for ea ch 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 (b) Would Not Adversely Affect Safety.

Seagull Aerial L

LC submits that the equiv alent level of safety established by S ection

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

Inspire 1 o r

Phantom 2 U AS unless that PIC has demonstrated, by meeting minimum

flight-hour and currency req uirements, that the PIC is able to safely operate the DJI Inspire

1 and Phantom 2 UAS in a m anner consistent with the exemption

, including evasive and

em ergency maneuver s and m aintaining appropriate distances from people, vessels,

v ehicles and structures. 26Considering Seagull Aerial L LC proposed area of operations, and the operating

l imitations set forth-above; the parallel nature of sport pilot aeronautical knowledge

requirements to those of co mmercial pilot requir ements (Se e Exemption No. 11062); and

the airmanship skills necessary to safely operate the DJI Inspire 1 and Phantom 2 UAS,

Seagull Aerial LLC submits that the additional manned airmansh ip experience of a

commercially c er tificated pilot would not correlate to the air manship skills necessary for

Seagull Aerial LLC specific proposed flight operations.

T he FAA ha s previousl y granted relief fro m Section 61.113( a) a nd (b) sp ecific to

UAS, in circumstances similar, in all material respects, to thos e presented herei n (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

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

Seagull Aerial LL C will not allow any PIC to operate the DJI Inspire 1 and

Phantom 2 UAS unless t h at PIC has demonstrated, by meeting minimu m f light -hour

requirements or the DJI Inspire 1 and Phantom 2 UAS training and currency requirements,

that the PIC is able to safely operate the D JI Inspire 1 and Phantom 2 UAS in a manner

consistent with this ex emption, including evasive and e mergency maneuver s and

maintaining appropriate d istances from people, ve ssels, v ehicles and structures.

Specifically, t he PIC must have accumulated a nd logged

, in a manner consistent

with 14 C.F .R. § 61.51(b), 25 hours of t otal time as a UAS rotorcra ft pil ot (with a

minimum of 5 hours of thos e hour s as a UAS pil ot operati ng t he same make a nd mode l of

UAS to be used for operati ons unde r t he exempti on). In additi on to t he hour requirements,

t he PI C must acco mp lish 3 take offs a nd landing s in t he precedi ng 90 d ay s (for currency

purposes).

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

27e x p e r i e n c e that was obtained in compliance w i t h a p p l i c abl e regulations will ensure an

e q u i v a l e n t l e v e l of s a f

et y during Se a g u l l Aer ia l L L C proposed operations. T h e

A d m i n i s t r a t o r has held that prior d o c u m ent ed flight experience t h a t w a s o b t a i n ed in

com p l i a n c e w i t h a p p l i c a b l e regulations would ensure s afe operations, sta ting a s

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

op erating the same make and model of UAS to be used for operations under the

exemption. For clarification, the 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 F AA

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 -buil ding 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, Seagull Aerial will ensure safe operations by not allowing any PIC t o

operate the DJI Inspire 1 and Phantom 2 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 and Phantom 2 UAS in a manner con sistent with the exemption,

including evasive and emergency maneuv ers and maintaining appropriate distances from

p eople, vessels, v ehicles and structures.

3. Re asons 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

28because prior to every fligh t, Seagull Aerial LL C will ensure that the DJI Inspire 1 and

Phantom 2 UA S is in an airworthy condition based upon the UAS’s compliance with its

o perating documents and as stated in the conditions and limitations herein

.

Additionally, t he FAA ha s previousl y granted relief fro m Section 91.7(a ) specific to

UAS, in circu mstances similar, in all material resp ects, to thos e 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. Re asons Why An Exemption From The Requirements Of Section 91.121

W ould Not Adversely Affec t Safety.

The equivalent level of saf ety established by Section 91.121 will be maintained because

the altitude information of the DJI Inspire 1 and Phantom 2 UA S will be provided to the

PI C v ia GPS equipment and a rad io communicatio ns telemetry data link, which

downlinks from the UA S to the GCS for active monitoring of the flight path and alt itud e.

This altitude information, combined with Seagull Aerial LLC’s operation of the DJI

Inspire 1 and Phantom 2 UA S w ithin visual line of sight, at or below 500 feet AGL, will

ensure a level of

s afety equiv alent to Section 91.121. The altitude information will be

g enerated by GPS e quipment installed onboard the aircraft. Prior to each f light, a zero

altitude initiatio n point is automatically established by the UASs at ground level.

T he FAA ha s previousl y gran ted relief fro m Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to thos e presented h erein (e.g

. Ex emption

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

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

5. Re asons Why An Exemption Fro m 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

2914 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Ins pire 1 and Phantom 2 UAs; (2) the limitations on the proposed flight operations; and (3)

the location of the proposed flight operations. Accordingly, Seagull Aerial will ensure that

it will safely operate the battery powered DJI Inspire 1 and Phantom 2 UA s during

daylight hours in VFR conditions, w ith enough battery power to fly for a total duration of

1 5 min utes to the first point of i ntended landing and, assuming normal cruising speed, to

fly after that for at least 5 minutes.

Here, as in Exemption No

. 11109, the technical specifica tions of the DJI Inspire 1

and Phantom 2 UAS; the limitations on the proposed flight operations; and the location of

the proposed operations, will ensure an equivalent level of saf ety establish ed b y 14 C.F.R.

Section 91.151(b). Furthermore, safety will be ensured as the DJI Inspire 1 and Phantom 2

UAS provide audible and v isual warnings to the PIC at the GCS when the UAs

experiences low b attery voltage, the first warning occurring at approximately 3 0 %

remaining batter y power, and again at approximately 1 5 % remaining batter y power. At

the critically low battery l evel, the DJI Inspire 1 and Phantom 2 UAS will descend and

land auto matically.

Significantly, previous exemp tions granted by the FAA concerning Section 91.151

establish that saf

ety is not adversely affected when the technical characteristic s 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, inclu din g

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

from Section 91.151 specific to UAS, in circumstances similar, in all material r espects, t o

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). 306. 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, Seagull Aerial L LC submits that the eq uiv alent level of

safety with regard to the regulatory main tenance and alteration requirements established

by S ections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) w ill be

met because Seagull Aerial LLC will use trained technicians to perform maintenance,

a lterations, or preventive maintenance on the UAS using the methods, t ech niques, and

p ractices prescribed in the operating documents (i.e., the DJI Inspire 1 Ma intenance

Manual

, Phantom 2 Maintenance Manual, Monthly Maintenance Lo g, Phantom 2

Instruction Manual, and DJI Inspire 1 Instruction Manual). Furthermore, Seagull Aerial

LL C will document and maintain all main tenance records for the DJI Inspire 1 and

Phantom 2 UAS.

Since the DJI Inspire 1 and Phantom 2 UAS will be inspected as prescribed by the

operating documents, Seagull Aerial LL C will maintain the equiv alent level of safety

established by S ections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI

Inspire 1 User M anuals are attached hereto as Exhibit B

. 1 ; a copy of the Phantom 2 User

Manual is attached her eto as Exhibit B.2

, a copy of the DJ I Inspire 1 Ma intenance Manual i s

attached hereto as Exhibit C; a copy of the DJ I Inspire 1 UAS Main tenance LO G is

attached hereto as Exh ibit D.

Likewise, the exemption sought will not adversely affect safety because Seagull

Aerial LLC will use trained tech nicians to perform main tenance, alteration s or pr eventive

mai n tenance on the UAS using the methods, tech niques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would ma intain an equivalen t level of safety

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

DJI Inspire 1 and Phantom 2 UAS will be performed by tr ained technicians. Maintenance

will be documented and maintained utilizing the monthly maintenance log. 31Significantly, previ ous exemptions grante d b y t he FAA concerni ng Sections

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

not adversely affected when t he tech nical characteristics a nd o perating limitation s of the

UAS are considered.

I n consideration of Seagu ll Aerial LL C proposed operating limitations, the

operating documents, and th e technica l aspects of the DJI Inspire 1 and Phantom 2 UAS,

Seagull Aerial LLC submits that safety will not be adversely affected by granting

ex emption from 14 C.F.R. Se ctions 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and

91.417(a) and (b). The FAA has previously g ra nted relief specific to UAS in circumstances

s imilar, in all m aterial 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 P rescribe Any Other Condition s Fo r S afe Operation.

I n accordance with Sectio n 333 of the FAA Modernization and Reform Act of 2012

( FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Seagull Aerial LL C r equests

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

and Phantom 2 UAS, which contain such safety standards that the Administrator finds

n ecessary to establish a level of safety eq uiv alent to that established by 14 C.F.R. Par t 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). Su ch special conditions will

p ermit safe operation of the UAs for the limited purpose of conducting aerial video and

photograph

y o v er certain areas of the Un ited States for compen sation or hire. FM RA

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 32authority 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 condition s pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Inspire 1 and Phantom 2 UAS, since the airworthiness

r egulations of 14 C.F.R. P art 21 do not contain adequate or appropriate safety standards,

due to the n ovel or unusual design features of the aircraft. Section 21.16, en titled 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 m ay prescribe special conditions for L eading Edge’s intended operation of the DJI

Inspire 1and Phantom 2 UAS, which contain 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 Seagull Aerial LLC Seeks Exemption:

S e a g u l l Aeri a l L LC see k s e x e m

p t i o n f r o m the re q u i r e m e n t s of 14 C.F.R S e c t i o n s

61.101(e)(4) and (5), 61.315(a), 61.23(a), 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).

A B r i e f D e s crip tion O f T h e N a t u r e O f Th e E xemption S eagu l l Ae r i a l LLC

S e e k s :

This ex e m p t i o n w i ll pe rm it Se a g u ll Ae rial LLC t o c o m m e r c i a l l y operate an

33Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

G. A ny Add itional Information, Views, Or Arguments Available To Support Feather

Light Media LLC Request.

This Petition is made pursua nt to the FAA Modernizati on a nd Re form Act of 2012

( FMRA) Section 333, which directs the Secretary of Transportation to d eterm ine if certain

UAS may operate safely in the NAS. As such, Seagull Aerial LLC request for e xemption

m ay 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 d iscussed in d etail above

, Seagull Aerial LLC will operate the DJI Inspire

1 and Phantom 2 UASs safely in the NAS, without creating a hazard to users of the NAS,

or the public, or otherwise pose a th reat to na tional se curity.

CONCLUSION

As s et f orth h erein, Seagull Aerial LLC s eek s an exemption pursuant to 14 C.F.R §

11.61 and Se ction 333 of the FAA Modernization and Reform Act of 2012

(FMRA), which will permit safe operation of the DJI Inspire 1 and Phantom 2 UAS

commercially, without an airworthiness cer tificate, for the limited purpose of condu cting

aerial video and photography ov er certain areas of the United States. By granting this

Petition, the FAA A d ministrator will be f ulfilling the Congressional mandate of the FAA

Modernization and Reform Act of 2012, while also advancing the interests of the public,

b y allowing Seagull Aerial LL C to safely, efficiently, and economically operate the DJI

Inspire 1 and Phantom 2 UAS 34commercially with in t he NAS.

WHEREFORE

, in accordance with the Federal Aviation Regulations and the

FAA Modernization and Reform Act of 2012, Section 333, Seagull Aerial L LC

respectfully r equ ests that the Administr ator grant this Petition for an exemption from the

requirements of 14 C.F.R Sections 61.101(e)(4) a nd (5), 61 .31 5(a), 61.23(a)

, 91 .7(a), 91.121,

9 1.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & ( a)(2 )

, and 91.417(a) & ( b)

, and permit

Seagull Aerial LLC to operate the DJI Inspire 1 and Phantom 2 U AS commercially for the

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

Dated: Apri l 30, 2015

Respectfully submitted,

Max Seigal

Max Seigal

Seagull Aerial LLC

747 10th St

Boulder, CO 80302

Tel: ( 720) 771-7789

Email: max@maxwilderness.com

35 

# Max SeigalExhibits:

Ex h ib its:

A – DJI In sp ir e 1 and Phantom 2 Sp ecif

ications Data Sheet

B

. 1

– DJI In sp ir e 1 Manufacturer ’s User Manual

B

. 2 – DJI Ph an to m 2 Man u f acturer’s User Man

ual

C – DJI In sp ir e 1 Maintenance Man

ual

D – Mo n th ly Main ten an ce Lo g

EX HIBIT

– A

DJI Inspire 1 and Phantom 2 Specifications Data Sheet

36DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Aircraft Model

T600

Weight (Battery Inclu ded)

2935 g

Hovering Accuracy (GPS Mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle

35°

Max Ascent Speed

5 m/s

Max Descent Speed

4 m/s

Max Speed

22 m/s (ATTI mode, no wind)

Max Flight Altitude

4500 m

Max Wind Speed Resistance

10 m/s

Max Flight Time

Approximately 18 minutes

Motor Model

DJI 3510

Propeller Model

DJI 1345

Indoor Hovering

Enabled by default

Operating Temperature Range

- 10° to 40° C

Diagonal Distance

559 to 581 mm

Dimensions

438x451x301 mm

Gim bal Model

ZENMUSE X3

Output Power (With Camera)

Static: 9 W

In Motion: 11 W

Operating Current

Station: 750 mA

Motion: 900 mA

Angular Vibration Range

±0.03°

Mounting

Detachable

Controllable Range

Pitch:

- 90° to +30°

37Pan: ±320°

Mechanical Range

Pitch:

- 125° to +45°

Pan: ±330°

Max Controllable Speed

Pitch: 120°/s

Pan: 180°/s

Camera Name

X3

Model

FC350

Total Pixels

12.76M

Effective Pixels

12.4M

Image Max Size

4000x3000

ISO Range

100

- 3200 (video)

100

- 1600 (photo)

Electronic Shutter Speed

8s

- 1/8000s

FOV (Field Of View)

94°

CMOS

Sony EXMOR 1/2.3”

Lens

20mm (35mm format equivalent)f/2.8 focus at ∞

9 Elements in 9 groups

Anti

- distortion

Still Photography Modes

Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV B ias

Time

- lapse

Video Recording Modes

UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30

FHD: 1920x1080p24/25/30/48/50/60

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

Max Bitrate Of Video Storage

60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG

- 4 AVC/H.264)

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS

- 1 rating required.

Operating Temperature Range

0° to 40° C

38Remote

Controller Name

C1

Operating Frequency

922.7~927.7 MHz (Japan Only)

5.725~5.825 GHz

2.400~2.483 GHz

Tran smitting Distance (Outdoor And Unobstructed)

2 km

EIRP

10dBm@900m, 13dBm@5.8G, 20dBm@2.4G

Video Output Port

USB, mini

- HDMI

Power Supply

Built

- in battery

Charging

DJI charger

Dual User Capability

Host

- and

- Slave connection

Mobile Device Holder

Tablet or Phon e

Max Mobile Device Width

170mm

Output Power

9 W

Operating Temperature Range

- 10° to 40° C

Storage Temperature Range

Less than 3 months:

- 20° to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range

0- 40° C

Battery

6000 mAh LiPo 2S

Charger Mod el

A14

- 100P1A

Voltage

26.3 V

Rated Power

100 W

Battery

(Standard) Name

Intelligent Flight Battery

Model

TB47

Capacity

4500 mAh

Voltage

22.2 V

Battery Type

LiPo 6S High voltage battery

Energy

3999.9 Wh

Net Weight

570 g

Operating Temperature Range

- 10° to 40° C

Storage Temperature Range

Less than 3 months:

- 20° to 45° C

More than 3 months: 22° C to 28° C

Charging Temperature Range

0° to 40° C

Max Charging Power

180 W

Vision

Positioning Velocity Range

Below 8 m/s (2 m above ground)

Altitude Range

5- 500 cm

Oper ating Environment

Brightly lit (lux > 15) patterned surfaces

Operating Range

0

- 250 cm

40 

## Phantom 2 specifications:

Aircraft Weight (Battery & Propellers Included) 1000g

Hover Accuracy (Ready To Fly) Vertical: 0.8m;

Horizontal: 2.5m

Max Yaw Angular Velocity 200°/s

Max Tilt Angle 35°

Max Ascent / Descent Spee d Ascent: 6m/s; Descent: 2m/s

Max Flight Speed 15m/s

Diagonal Length 350mm

Flight Time 25mins

Take-Off Weight ≤1300g

Operating Temperature -10°C ~ 50°C

Supported Battery : DJI Smart Battery

Type : 3S LiPo

Capacity : 5200mAh, 11.1V

Charging Environment Range : 0 °C to 40 °C

Discharging Environment Range : -20 °C to 50 °C

2.4GHz Remote Control Operating Frequency : 2.4GHz ISM

Communication Distance (Open Area) 1000m

Receiver Sensitivity (1%PER) -97dBm

Working Current/Voltage 120 mA@3.7V

Built-In LiPo Battery Working Current/Capacity 3.7V, 2000mAhExhibits:

A – DJI Inspire 1 and Phantom 2 Specifications Data Sheet

B.1– DJI Inspire 1 Manufacturer’s User Manual

B.2 – DJI Phantom 2 Manufacturer’s User Manual

C – DJI Inspire 1 Maintenance Manual

D – Monthly Maintenance Log

EX HIBIT

– B .1

DJI Inspire 1 Manufacturer’s User Manual

41Exhibits:

A – DJI Inspire 1 and Phantom 2 Specifications Data Sheet

B.1– DJI Inspire 1 Manufacturer’s User Manual

B.2 – DJI Phantom 2 Manufacturer’s User Manual

C – DJI Inspire 1 Maintenance Manual

D – Monthly Maintenance Log

Exhibit – C

DJI In spire 1 M aintenance Manual

42Exhibits:

A – DJI Inspire 1 and Phantom 2 Specifications Data Sheet

B.1– DJI Inspire 1 Manufacturer’s User Manual

B.2 – DJI Phantom 2 Manufacturer’s User Manual

C – DJI Inspire 1 Maintenance Manual

D – Monthly Maintenance Log

E XHIBIT – D

Mont hly Maintenance Log

43EXHIBIT – D

MON THLY MAINTENANCE LOG

month: year:

UAS #: Date Issue

Discovered Date Issue

Addressed Issue Description & Maintenance Conducted Maintenance Performed By:

Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration Dampening

Other:

Max Seigal

Seagull Aerial LLC

7 47 10th St

B oulder, CO 8030 2

Tel: (720) 771-77 8 9

Email: max@maxwilderness.com

44