APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

Martin Cox requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the DJI Inspire 1:

14 C.F.R. § 45.23(b): Marking of the Aircraft

The regulation provides:

When marks include only the Roman capital letter “N” and the registration number

is displayed on limited, restricted or light-sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2

inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,”

“experimental,” or “provisional,” as applicable. The Inspire 1 does not have an entrance in which the 

word “Experimental” can be placed, and may not have a registration number assigned to it by the FAA.

I propose to be compliant with § 45.29(f) and achieve an equivalent level of safety by including the 

“Experimental” on the top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft 

while it is preparing for launch will be able to see the designation. Additionally, in order to identify the 

aircraft, I propose that the information found on airworthiness and registration certificates be 

permanently affixed to the aircraft via a placard:

Manufacturer: DJI

Model: Inspire 1

Serial Number: W13DCA13020747

Registered to: Martin Cox

109 Alan Drive

McLeansboro, IL 62859

If found, please contact: (618) 925-3780

.

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

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21,

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the

aircraft (6.47lbs.) and the limited operating area associated with its utilization, I feel it is unnecessary 

to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed

current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to airports and

populated areas of the UAS involved.

In this case, an analysis of these criteria demonstrates that the Inspire 1 is operated without an

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer,

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The Inspire 1 

weighs less than 7 lbs. fully loaded. It will not carry a pilot or passenger, will not carry

flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with
conditions set forth herein. Operations under this exemption will be tightly controlled and

monitored by both myself (Martin Cox), pursuant to the conditions set forth above, and by local public

safety requirements. The FAA will have advance notice of all operations through the filing of

NOTAMs. Receipt of the prior permission of the land owner, the size of the aircraft, the lack of

flammable fuel, and the fact that the aircraft is carried to the location and not flown there all

establish the equivalent level of safety. The Inspire 1 provides at least an equivalent level of safety to 

that of such operations being conducted with conventional aircraft that would be orders-of-magnitude 

larger and would be carrying passengers,cargo, and flammable fuel.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional

aircraft that carries a pilot, passengers, and cargo, the Inspire 1 is remotely controlled with no 

passengers or property of others on board. Section 61.133(a) requires an individual with a commercial

pilot’s license to be pilot in command of an aircraft for compensation or hire. Martin Cox respectfully 

proposes that operator requirements should take into account the characteristics of the particular 

UAS. The Inspire 1 has a high degree of preprogrammed control and various built-in technical 

capabilities that strictly limit the potential for operation outside of the operating conditions set forth in 

the exemption application. The Inspire 1 has a semi-autonomous navigation and control system 

comprised of a Ground Control system and auto-pilot system. Flights can be pre-programmed with 

precision GPS guidance and do not require human intervention. In the case of unplanned events, the 

PIC can allow the aircraft to follow the pre-programmed evasive maneuvers from the control unit or

enable assisted steering for direct control. 

Martin Cox notes that the FAA has found that safety factors permitted operation of UASs by

operators with these qualifications in the case of operations pursuant to public COAs where the

mandatory operating conditions specified above are present. See Federal Aviation Administration,

Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30,

2013).

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

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing commercial operation of the Inspire 1

without an airworthiness certificate, no standard will exist for airworthiness of the Inspire 1. 

Given the size and integrity of the aircraft, an equivalent level of safety will be achieved by insuring

compliance with the Inspire 1's user and maintenance manuals prior to each flight.

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

The regulation provides:

No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of

this chapter, unless there is available in the aircraft a current approved airplane or

Rotorcraft Flight Manual, approved manual material, markings, and placards, or

any combination thereof. Given the size and configuration of the Inspire 1, it has no place to carry 

such a flight manual on the aircraft, not only because there is no pilot on board, but because there is 

no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be achieved by keeping the flight manual at

the ground control point where the pilot flying the UAS will have immediate access to it. The FAA
has issued to others the following exemptions to this regulation: Exemption

Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls. The Inspire 1 is a remotely piloted aircraft and by design, does not have fully

functional dual controls. Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communications. The flight plan is pre-programmed into

the auto pilot before flight and only in emergency circumstances will the pilot have the choice to

input control functions to alter the pre-programmed flight. The FAA has approved exemptions for flight 

training without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos. 5778K & 9862A. 

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface,

except over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure. As set forth herein, the 

Inspire 1 will never operate at higher than 400 feet AGL. It will,however, be operated to avoid 

congested or populated areas that are depicted in yellow on VFR sectional charts. Because aerial 

video/photography work must be accomplished at relatively low altitudes and at altitudes less than 500

feet AGL, an exemption from Section 91.119(c) is needed. The equivalent level of safety will be 

achieved given the size, weight, speed, and material with which the Inspire 1 is built. Also, no flight will

be taken without the permission of the land owner or those who control the land. Because of the 

advance notice to the landowner, all affected individuals will be aware of the video/photography flights.

Compared to aerial video/photography operations conducted with aircraft or rotorcraft weighing far 

more than 6.5 lbs. and carrying flammable fuel, any risk associated with these operations will be far 

less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. 

Furthermore, the low-altitude operations of the UAS will maintain separation between these small-UAS

operations and the operations of conventional aircraft that must comply with Section 91.119.

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

This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first

point of intended landing and, assuming normal cruising speed – (1) During the day, to fly after

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The Inspire 1 batteries provide approximately 20 minutes of powered flight. Without an

exemption from § 14 CFR 91.151, the limitations proposed would greatly reduce its utility. Given

the type of operation, as well as the rural location of those proposed operations, a longer time

frame for flight in daylight VFR conditions is reasonable. Additionally, given the proposed VLOS

restriction, the aircraft would always be well within 5 minutes of its landing position. Furthermore,

in the unlikely event that the Inspire 1 should run out of fuel before returning, it would simply

auto land at its current position at a safe speed. Finally, recognizing its weight and construction

material, the risks are less than contemplated by the current regulation.

Martin Cox believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope

of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate

without compliance with 91.151(a)). Operating the small UAS, without 30 minutes of reserve fuel

does not engender the type of risks that Section 91.151(a) was meant to prevent given the size
and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also

enhances its safety. I believe that an equivalent level of safety can be achieved by maintaining 5

minutes of reserve fuel, which would be more than adequate to return the UAS to its planned

landing zone from anywhere in its operating area.

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

This regulation provides as follows:

(a) . . . no person may operate a civil aircraft unless it has . . . an appropriate and current airworthiness

certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a)

of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit

entrance so that it is legible to passengers or crew.

The Inspire 1 fully loaded weighs no more than 7 lbs. As such, there is no ability or place to

carry certification and registration documents or to display them on the UAS. In addition, there is

no pilot on board the aircraft. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the UAS will have immediate access to 

them. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “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 .

. . .” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2)

requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a)

requires the owner or operator to keep records showing certain maintenance work that has been

accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval

of the aircraft for return to service.

Maintenance of the Inspire 1 components outlined in the maintenance manual will be accomplished 

by Martin Cox, who has been trained by a DJI technician. An equivalent level of safety will be achieved

because the UAS is small in size, will carry no external payload, will operate only in restricted 

predetermined areas and is not a complex mechanical device. As provided in the Inspire 1 Checklist, 

Martin Cox ,operator of the Inspire 1, will also ensure that the UAS is in working order prior to initiating

flight, and keep a log of any maintenance that is performed on the aircraft. Moreover, the operator is 

the person most familiar with the aircraft and is best suited to ensure that the aircraft is in an airworthy 

condition and to guarantee an equivalent level of safety.

Martin Cox will put the Inspire 1 aircraft through a routine, but rigorous, inspection

of the airframe and components every 50 flights. Likewise, he will replace the servos, motors and

speed controller every 300 flights. This will ensure an equivalent level of safety to the

maintenance requirements in Part 91. In addition, between such replacements, should a

mechanical issue arise, the aircraft will either return to its launch site or immediately land.