1

October, 10 2015 Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey

Ave, SE Washington, DC 20590

RE: ROECK AERIAL SERVICES REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 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 OPERATION OF DJI Inspire UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Andrew Roeck Founder Roeck Aerial Services 3656 Bridgeport Way W Apt A102 University Place, WA 98466 734

- 927

-2107 Anroeck@gmail.com2 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3

SUMMARY...................................................................................................................... .....4

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

BACKGROUND................................................................................................................... .4

BASI S FOR PETITION...................... ...................................................................................5

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

............ ...................................... 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ROECK AERIALSERVICES SEEKS EXEMPTION........................................

........................................... ... ............... ....... 7 THE EXTENT OF RELIEF ROECK AERIAL SERVIES SEEKS AND THE REASON ROECK AERIAL SERVICES SEEKS THE RELIEF...................

.......... ......... ......... ....... . . . .. ... ......... 1 0 THE REASONS WHY GRANTING ROECK AERIAL SERVICES REQUEST WOULD BE IN THE PUBLIC INTEREST ...................................

............ .................. .......................... ....... .1 2 THE REASONS WHY GRANTING THE EXEMPTION TO ROECK AERIAL SERVICES WOULD NOT ADVERSELY AFFECT SAFETY..........................................

............... .. . .... 1 4 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER....

........ ... .. .. . .. 19 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT ROECK AERIAL SERVICES REQUEST...

.......................................... . . .. ........ . 19 CONCLUSION............................................................................................................

. ... ... ..... 19 APPENDICES...............................................................

. ........................ ... 203 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV 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 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) 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 Landing4 **SUMMARY** Roeck Aerial Services 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 (DJI IN SPIRE 1 ) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Roeck Aerial Services to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial surveying, mapping, data collection, remote sensing, education and research, monitoring, emergency

management, inspections, filmmaking and photography of construction sites, residential and commercial real estate, civil landscapes , and surveillance over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**  The objective of Roeck Aerial Services and our Unmanned Aircraft System (DJI Inspire 1 ) aerial operations is to provide a more affordable , high

- quality production system for a variety of governmental, commercial, public, and residential uses including:

• Construction sites before and after

• Appraisals

• Real

- estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and governmental training

• Aid civil engineering

• Inspections

• Monitoring

• Filmmaking and photography

• Aid Civil Engineering

• Remote Sensing
**BACKGROUND**

Unmanned Aircraft Systems: DJI Inspire 1 , UAS Roeck Aerial Services seeks an exemption to operate DJI Inspire 1 system for compensation or hire within the NAS. The DJI Inspire 1 Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 has a maximum gross weight that is fewer than 55 pounds and a maximum speed of under 50 mph. Maximum flight time is approximately 18 minutes

**BASIS FOR PETITION** Petitioner, Roeck Aerial Services , 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 333,5

Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Inspire 1 , UAS in the National Airspace S ystem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.23 (a) & (c), 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, Roeck Aerial Services operation of 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. The FAA is granting relief from § 61.23(a) to allow any pilot that holds one of the pilot’s certificate s (discussed above) to operate a UAS with a U.S. issued driver’s license, in lieu of an FAA issued medical certificate. The FAA is also granting relief from § 61.23(c) to allow sport pilot certificate holders to operate aircraft other than L SA with a U.S. issued driver’s license. The FAA has issued the following exemptions to this regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230. Roeck Aerial Services requests relief from Sections 14 C.F.R §§ 61.113(a) & (b) proposing that the PIC must hold at least a Sport Pilot Certificate. Accordingly, Roeck Aerial Services 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. Roeck Aerial Services seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Inspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Roeck Aerial Services submits that they will ensure that the DJI Inspire 1 UAS is in an airworthy condition, prior to every flight. Roeck Aerial Services also seeks an exemption from the requirements of Section 91. 121, entitled Altimeter Settings , as the DJI Inspire 1 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Inspire 1 UAS 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 Roeck Aerial Service’s operation of the DJI Inspire 1 UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Roeck Aerial Services seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Roeck Aerial Services 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 p ower to fly for a total duration of approximately 18 minutes

. B attery p ower indicators are also able to show exactly how much battery

p ower is left, as well as how much time is needed to return safely back to point of take off.6

Inaccordance with 14 C.F.R. § 11.81, Roeck Aerial Services provides the following information in support of its petition for exemption:

**A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is:

Andrew Roeck 3656 Bridgeport Way

W Apt A102 University

Place, WA 98466 (734) 927

-2107 Anroeck@gmail.com7

**B. The**  **Specific Sections**  **Of 14**  **C.F.R. From**  **Which ROECK**  **AERIAL SERVICES**  **Seeks Exemption.**  **1. ROECK**  **AERIAL SERVICES**  **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 employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. **2. ROECK**  **AERIAL SERVI**  **CES 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. **3. ROECK**  **AERIAL SERVICES**  **Seeks Exemption**  **From The**  **Requirements 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 flight level of that aircraft, as the case may b e, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

--8 (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4. ROECK**  **AERIAL SERVICES**  **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. **5. ROECK**  **AERIAL SERVICES**  **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[.] **6. ROECK**  **AERIAL SERVICES**  **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) Ithas been approved for return to service by ap erson authorized under § 43.7 of this chapter[.] **7. ROECK**  **AERIAL SERVICES**  **Seeks Exemption**  **From The**  **Requirements Of**  **Sections 91.409(a)(1) And 91.409(a)(2).** 9

Section 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 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. ROECK**  **AERIAL SERVICES**  **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 aircraf t (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information:

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

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspe ction program under which the aircraft and its appliances are maintained.10 (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 § 4 3.9(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 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

**C. The**  **Extent Of**  **Relief ROECK**  **AERIAL SERVICES**  **Seeks And**  **The Reason**  **ROECK AERIAL SERVICES**  **Seeks The Relief. 1.**  **Extent Of**  **Relief ROECK**  **AERIAL SERVICES**  **Seeks And**  **The ROECK**  **AERIAL SERVICES**  **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 current and valid airman medical certificate, and who has met certain flight

-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. 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 employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more fully below ROECK AERIAL SERVICES submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Inspire 1 UAS unless that PIC has met certain flight

-hour and currency requirements, demonstrating that the11

PIC is able to safely

operate either the DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption

. Further, ROECK AERIAL SERVICES 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 ROECK AERIALSERVICES business; and (2) will not carry passengers or property

f or compensation or hire.

**2. Extent**  **Of Relief**  **ROECK AERIAL**  **SERVICES Seeks**  **And The**  **R eason**  **ROECK AERIAL SERVICES**  **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 ROECK AERIAL SERVICES to determine that the DJI Inspire 1 UAS are in airworthy condition prior to every f light by ensuring that the UAS is in compliance with the operating documents (i.e., DJI Inspire 1 Instruction Manual). ROECK AERIALS ERVICES 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. Therefore, ROECK AERIAL SERVICES will ensure that the DJI Inspire 1 UAS are in airworthy condition based upon its compliance with the operating documents (i.e. DJI Inspire 1 Instruction Manual) prior to every

f light, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent**  **Of Relief**  **ROECK AERIAL**  **SERVICES Seeks**  **And The**  **Reason ROECK**  **AERIAL SERVICES**  **Seeks Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings , may b e required to allow flight operations of the DJI Inspire 1 UAS, which utilize 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), ROECK AERIAL SERVICES 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 are 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.12

**4. Extent**  **Of Relief**  **ROECK AERIAL**  **SERVICES Seeks**  **And The**  **Reason ROECK**  **AERIAL SERVICES 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 rule s (VFR), for a total duration of 18 minutes. ROECK AERIAL SERVICES seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery p owered DJI Inspire 1 UAS will severely constrain the practicality of any aerial video or still photo flight operations that ROECK AERIAL SERVICES proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Inspire 1 UAS , the DJI Inspire 1 operating documents, and ROECK AERIAL SERVICES ’s proposed operating limitations, ensure that ROECK AERIAL SERVICES will safely operate the battery p owered 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 18 minutes

.

**5. Extent**  **Of Relief**  **ROECK AERIAL**  **SERVICES Seeks**  **And The**  **Reason ROECK**  **AERIAL SERVICES**  **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, ROECK AERIAL SERVICES requests relief from these Sections because the DJI Inspire 1 UAS do not require airworthiness certificates. As set forth more fully

b elow, the DJI Inspire 1 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, ROECK AERIAL SERVICES will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e. , Monthly

Maintenance Lo g, and DJI Inspire 1 Instruction Manual). Furthermore, ROECK AERIAL SERVICES will document and maintain all maintenance records for the DJI Inspire 1 UAS

.

**D. The**  **Reasons Why**  **Granting ROECK**  **AERIAL SERVICES**  **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 ROECK AERIAL SERVICES to safely, efficiently, and economically p erform aerial video and photography of construction sites, real estate, events and civic landscape over certain areas of the United States. 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 ROECK AERIAL SERVICES ’s proposed operation of the DJI Inspire 1 UAS will be realized without implicating any privacy

issues.13

**1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJI Inspire 1 UAS are battery p owered 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 do 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 1 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

p ower and electric motors, the DJI Inspire 1 UAS produce no air pollution, and is the most viable environmentally

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty

pically utilized for aerial video and photography, while burning approximately 1 0

- 30 gallons per hour of leaded aviation fuel. The DJI Inspire 1 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 internal combustion engine. By using the DJI Inspire 1 UAS 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

. Aside from the lack of flight crew members located onboard the aircraft, the DJI Inspire 1 UAS (weighing less than 55 pounds at their maximum gross weight with diagonal dimension of less than 23 inches , and with no fuel on board), has less phys ical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typi c ally conduct similar operations. **3. Performing Aeria l Video and Photography Operations With The**  **DJI Inspire 1**  **UAS Will**  **Benefit The Economy.** Inaddition to being safe and efficient, the DJI Inspire 1 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire 1 UAS will allow United States based companies, like ROECK AERIAL SERVICES , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising14

cost of aviation fuel 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 p owered DJI Inspire 1 UAS 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 manned aircraft. By operating the DJI Inspire 1 UAS, companies such as ROECK AERIAL SERVICES , 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, ROECK AERIAL SERVICES ’s proposed operation of the DJI Inspire 1 UAS will not implicate any privacy issues. Specifically, the DJI Inspire 1 UAS will be operated only in compliance with operating documents (i.e. DJI Inspire 1 Instruction Manual) which requires 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. **E. The**  **Reasons Why**  **Gra nting**  **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**  **ROECK AERIAL SERVICES Seeks Exemption.**  **1. Reasons**  **Why The**  **DJI Inspire**  **1 UA** **S Meet**  **The Conditi** **ons 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, ROECK AERIAL SERVICES ’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 f or 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. Speci fically, 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 certa in unmanned aircraft systems may operate safely in the15 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 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 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. Ins eeking this exemption, ROECK AERIAL SERVICES 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. **a. The S pecifications Of The**  **DJI Inspire 1**  **UAS Demonstrate Its Safe Characteristics.**  The DJI Inspire 1 UAS do es 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 User Manual

. **ii. The DJI**  **Inspire 1 UAS**  **Global Positioning Modes Enable The UAS To Remain**  **Within A Defined Operational Area. iii. The**  **DJI Inspire 1**  **UAS Are Designed For Automatic Return To Home Point Or**  **Hover In The Event Of Loss Of The Control Link Or Navigation. b. Flight Operations Of**  **DJI Inspire 1**  **UAS Is**  **Limited To The Line Of Sight Of A Certificated Pilot in Command.**  ROECK AERIAL SERVICES video pro duction staff will be the only persons to act as a pilot in command (PIC) of the DJI Inspire 1 UAS

.16

**2. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **61.113(a) And**  **(b) Would Not Adversely Affect Safety.**  ROECK AERIAL SERVICES submits that the equivalent level of safety established by S ection 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 that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with the exemption. Considering ROECK AERIAL SERVICES ’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, ROECK AERIAL SERVICES submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary f or ROECK AERIAL SERVICES ’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. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). **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 f light, ROECK AERIAL SERVICES 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 Safe** **ty.** The equivalent level of safety established by S ection 91.121 will be maintained because the altitude information of the 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 ROECK AERIAL SERVICES ’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. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level.17

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, 11 157, 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 1 4 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Inspire 1 UAS ; (2) the limitations on the proposed flight operations; and (3) the loc ation of the proposed flight operations. Accordingly, ROECK AERIAL SERVICES will ensure that it will safely operate the battery p owered DJI Inspire 1 UAS during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 18 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 1 4 C.F .R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Inspire 1 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage

. 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 Requireme** **nts 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.**  Preventive maintenance on the UAS will be performed using the methods, techniques, and practices prescribed in the operating documents (i.e. DJI Inspire 1 Instruction Manual). The PIC will limit maintenance performed to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer

. Any f urther maintenance will be performed by the manufacturer or their designated repair facility. Since the DJI Inspire 1 UAS will be inspected as prescribed by the operating documents, ROECK AERIAL SERVICES will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2).18

Inconsideration of ROECK AERIAL SERVICES ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Inspire 1 UAS , ROECK AERIAL SERVICES 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 , ROECK AERIAL SERVICES requests that the FAA prescribe special conditions for the intended operation of the DJI Inspire 1 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 §§ 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 f or 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 Roeck Aerial Services intended operation of the DJI Inspire 1 UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 1 4 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).19

**• A**  **Summary That**  **Can Be**  **Published In**  **The Federal**  **Register, stating:**  **The Rules From Which**  **ROECK AERIAL SERVICES Seeks Exemption:** 

ROECK AERIAL SERVICES 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), and 91.417(a) & (b). **A Brief**  **Description Of**  **The Nature**  **Of The**  **Ex emption**  **ROECK AERIAL**  **SERVICES Seeks:**  This exemption will permit ROECK AERIAL SERVICES to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

**• Any**  **Add itional**  **Information, Views,**  **Or Arguments**  **Available To**  **Support ROECK AERIAL SERVICES**  **’s Request.** 
This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary o f Transportation to determine if certain UAS may operate safely in the NAS. As such, ROECK AERIAL SERVICES ’s request for exemption may b e granted pursuant to the authority o f 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 , ROECK AERIAL SERVICES will operate the DJI Inspire 1 UAS 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, ROECK AERIALS ERVICES 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 o f 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 ROECK AERIALS ERVICES to safely, efficiently, and economically operate the DJI Inspire 1 UAS commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, ROECK AERIAL SERVICES respectfully20

requests that the Administrator grant this Petition for an 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), and 91.417(a) & (b), and permit Roeck Aerial Service to operate the DJI Inspire 1 UAS commercially f or the purpose of conducting aerial video and photography over certain areas of the United States. Dated: October 10 , 2015 Respectfully

submitted,

Andrew Roeck Founder 3656 Bridgeport Way

W Apt A102 University

Place, WA 98466 (734)927

-2107 Appendices :

A

– Link to DJI Inspire 1 Manual: Click on link below http://download.dji

-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf