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### Petition for Exemption Under 14 CFR § 11.81 **to Allow Commercial**

**U se of Unmanned Aircraft Vehicles** 

**Petitioner:**
JJB Inspections Owner: Jimmy Boles Address : 204 Drake Apt B Ripley,TN 38063 Email : lonewolf2765@bellsouth.net Website: www

. JJBinspectiondrones .com
**To whom it may concern:**
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F .R. Part 11, JJB Inspections is a media company equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow
co mmercial operation of its UAV,s ( U nmanned Aerial Vehicle )
As described more fully below, the requested exempti on would permit the operation of small, unmanned and relatively inexpensive UAV,s in airspace that is limited,predetermined and controlled. The proposed exemption, if granted , would allow JJB Inspections to conduct commercial operations of UAV,s meet ing or exceeding all of the operational and safety requiremen ts the FAA has set forth in Section 333. J JB Inspections plans t o use the capabilities of UAV,s to offer a multitude of services, including:

- Aerial surveying

- Agriculture and Livestock moni toring

- Real Estate Photography and presentation

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- Emergency Search and Rescue

. Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil Unmanned Aircraft Systems (UAS) operations in the National Airspace System (“NAS”). Se ction 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rule making required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petition er meets all requirements to permi t FAA approval of commercial UAV operations.2

**Sections from which exemptions are sought :** 

14 C.F.R. Part 21 Subpart H 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b)(2) 14 C.F.R. 91.1 09 14 C.F.R. 91.119 14 C.F.R. 91.121Page 3 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417)

UAV,s are oftentimes seen as superior to helicopters due to the lesser cost of equipment, the
re duction of personnel needed to operate equipment, reduced noise levels and zero emissions into the environment. In addition to providing cost savings and having little to no impact on the environment. These factors are beneficial for, and in the best interest of, the public. The Petitioner is requesting an exempti on to enable JJB Inspections to operate a DJI Inspire 1 UAV that is upgraded to latest version firmware, equipped with a 3 axis Zenmuse camera gimbal, which uses a High

- Def video camera that can c apture up to 4K (4096x2160p) video and 12M pixel photos. This UAV has a built

- in capability to limit the height i t flies above the ground and the radius of the distance it flies from the operator. The DJI Inspire 1 also has the failsafe function of the aut opilot system, which means, when the communication between the Main Controller and the transmitter is disconnected the system will automatically trigger Return to Home and will land safely. P lease refer to Attachments DJI Inspire1 check list.

**FCC Information**  The DJI Inspire 1 transmitte r used for controlling the UAV complies with part 15 of the FCC rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any int erference received, including interference that may cause undesired operation. The DJI Inspire1 radio transmitter used for cont rolling the UAV is wireless technology which has been tested and found to be compliant with the applicable regulations governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance3

When operating the DJI Inspire 1 transmitter, the PIC will maintain a separation distance of at least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to meet RF exposure safety requirements as determined by FCC regulations.

**Pilot in Command and Observer Qualifications and Duties**
Aircraft will comply with maintenance and inspection requirements of the manufacturer. Al l repair and maintenance work will be conducted or approved by qualified personnel such as t hose authorized by DJI (or equivalent), and will require a test flight after such work. Records of all maintenance and repair work will be kept in a maintenance log for each aircraft. All flight operations will be conducted by at least two individuals (PIC and observer) who will maintain verbal communication capability with each other at all times during the flight, and who will remain stationary on the grou nd during the flight operations. A Pilot In Command (PIC) who possess the following credentials: 1. An Airman Certificate issued under 14 CFR 61 (private pilot license) screened by the TSA 2. A Third Class medical certificate issued under 14 CFR 67. 3. A bi

- annual flight review under 14 CFR 61.56 4. A certificate of competency for UAS issued by UMEX (or equivalent certification). 5. At least 200 cycles and 25 hours of flight experience in a UAS rotorcraft (or UAS fixed

-wing in the case of fixed

-wing flight operations under this exemption). Such cycles and hours may be gained during flights under this exemption if a safe distance is maintained from persons in accordance with 14 CFR 91.119. 6. At least 5 hours of flight experience and 3 takeoffs and landings in make and model being flown in the prior 90 days. Such cycles and hours may be gained during flights under this exemption if a safe distance is maintained from persons in accordance with 14 CFR 91.119. i. A Visual Observer. ii

. A Sensor Operator as necessary. All flight operations will be conducted in accordance with valid Certificates of Authorization. All flight operations will comply with the following: The manufacturers' Aircraft Fl ight Manuals and Operation Guidelines

**The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation and inspection, in flight operation, post fligh** **t requirements**

**.**4

A pre

-flight inspection will be performed by the PIC in accordance with the factory instruction manual, as well as redundant checks to include the Internal Measurement Unit (IMU) to make sure that the compass, gyro and acceleration values are within specs, positive GPS locks are secure, battery health in each individual LiPo cells are balanced, and radio signals are locked in. The sUAS will be maintained in accordance with the manufacturer’s instruction manual and only manufacturer's authorized replacement parts will be used. Max imum flight time for each operational flight will be 18 minutes. • Flights will be terminated at 30% battery power reserve should that occur prior to the 18minute limit. • The UAV will be programmed so that it will not be operated at an altitude of no more than 200 feet AGL, and not more than 100 feet above an elevated platform from which filming is planned. • Minimum crew for each operation will consist of the UAV Pilot, and Visual Observer. • The UAV operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals). • The UAV will operate at speeds of no more than 25 knots, can hover, and can simultaneously move vertically and horizontally. The PIC will complete a risk evaluation of current weather conditions for safe flight

.
**The Observers duties are:**

The Observer must have the vi sual acuity to observe the UAV and be able to communicate clearly with the PIC. W a r n i n g t h e P I C of a n y i m p e n d i n g o b st a c l e s in the flight path W a r n i n g t h e P I C of any deviations in the planned flight path W a r n i n g t h e P I C s h o u l d a n y u n a u t h o r i z e d p e rs o n n e l a p p e a r i n t h e a re a of t h e p l a n n e d flight. The Observer will have the authority to order the PIC to terminate the flight should he feel the flight cannot be conducted safely.

**General Operating Standards :** 

• JJB Inspections will only operate its UAV,s in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such opera tions will insure that th e UAV will "not create a hazard to users of the national airspace system or the public."

• No operation of a UAV within 5NM of an airport reference point . The PIC will give the position, altitude and the times the UAV will be operated. T he UAV will not be ope rated at an altitude of over 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling. B e fo re a n o p e ra t i o n of a U AV withi n 5NM of airport a letter of agreement with the airport management must be made available to any law enforcement official upon request.5

(a) No flight will be made with a Gross weight exceeding 55 pounds; (b) All operations must occur in FAA Class G airspace at no more than 200 ft AGL, at an airspeed of no more than 25 knots and no further than 1 600 ft, or line of sight from the PIC; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation; (d) Operations will be restricted to flights over private property with the p ermission of the property owner; (e) All required permits or notifications will be obtained from state and local government prior to operation; (f) The UAV will not be operating over densely populated areas; (g) The UAV will not be operating over any open

- air assembly of people; (h) The UAV will not be operating over heavily trafficked roads; (i) The UAV will not be operating at night.

**EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY :** 
JJB Inspections requests an exemption from the following regulations as well as any additional regulations that may technically ap ply to the operation of the UAV System:
**14 CFR Part 21, Airworthiness Certificates** This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Inspire1 under either or both of the following provisions:
**21.191 Experimental certificates.** Experimental ce rtificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance wi th regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, a nd flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined wit h the UAV,s light weight, being const ructed primarily of carbon fiber and p lastic, we propose that the UAV will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of **14 CFR Part 21, Subpart H** , and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.6

**14 CFR 45.23 Display of marks; general and 45.29 Size of marks.**  These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high n ear the entrance to the cabin, coc kpit, or pilot station. The UAV does not have an entrance in which the word "EXPERIMENTAL" can be placed We propose to apply for N

- number AC Form 8050

- 1 to be acquired at area FAA Aircraft Registration Branch or Flight St an dards Office and display the N

- number in a way to be seen clear ly on the the aircraft. The PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircra ft will be able to see the designation. Additionally we will display at the ground station a high contrast flag or ba nner. Since the aircraft will operate within line of sight of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

**14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133**  **Commercial pilot privileges and limitations.** The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. We recognize the FAA like other national airspace regulators are considering the issue that UAV operations by persons who hold no pilot’s license can still achieve the equivalent level of safety of current operations by ma nned aircraft with pilots holding any level of pilots license .
**14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate** . As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is ina pplicable.

**14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.** This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propo se that a current, approved UAV Flight Manual must be available to the crew at the ground stati on anytime the aircraft is in, or preparing for, flight, and ready for presentation for any governing official upon request.7

**14 CFR 91.109 Flight Instruction;** Simulated instrument flight and certain flight tests The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls. Although the DJI Inspire 1 is capable of due l/linked controls the second control is used to control onboard camera movement JJB Inspections will be operating with a single remote controller and non electronically linked Observer.

**91.119 Minimum safe altitudes:** The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the UAV would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- planned flight path has been performed. The aircraft will be o perated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to pers ons or property. Therefore we maintain that due to the small size of the UAV, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be consi dered in granting the exemption.

**CFR 91.121 Altimeter settings.** The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. T he UAV will always fly below 200 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is tra nsmitted via radio from the UAV,s on
- board computer to the display screen held by the PIC, providing a constantly updated AGL readout

.

**14 CFR 91.151 Fuel requirements for flight in VFR conditions.** The regulation provides that no person may begin a flight in an airplane under day

-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The UAV,s battery ope rated and the maximum duration of flight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraft will never fly more than line of sight from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requiremen t of this paragraph.8

**14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.** The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "disp layed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.47 pounds, the UAV is to o small to carry FAA required documentation and does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with the crew at the ground control station and available for inspection upon reque st.

**14 CFR Subpart E (91.401** 

**- 91.417)** 

**- Maintenance, Preventive Maintenance, Alterations**  The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraph s 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will d ocument work performed in accordance with 91.417.
**Promoting public good:**
JJB Inspections will be using UAV’s in a variety of applications that generally require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer more efficient and safer benefits over the use of full

- sized manned aircraft for aerial photography, advanced agriculture monitoring, film and still photography, real e state m arketing and search and rescue.

Due to floodin g of the Mississippi river over the past few years, this woul d greatly supply safer, faster, more efficient information to our local officials who need this info rmation about the river levels and safe water supply. Replacing significantly larger manned aircraft carrying crew an d flamma ble fuel with small UAV carrying no passengers or crew creates a much greater margin for public safety.

By granting JJB Inspections requested exe mptions, the FAA will continue development of sa fe and successful commercial UAV operations and will advanc e the public knowledge base for such operations.9

**Conclusion :** 
As pointed out in this application, the DJI Inspire1 which our company would use, un der authorization by the FAA, is a small, light

-weight device operated within the line of sight of the Pilot

- in

- Command (PIC), less than 200 feet above the ground and outside 5 miles from any airport, airfield other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance.

JJB Inspections is certain that the studies conducted until now by the FAA, about Section 332, Public Law 112

- 95, 2014, have already provided you with the assuran ces on the airworthiness of UAV,s. For the foregoing reasons, the exemptions requested herein should b e g ranted. JJB Inspections shoul d be permitted to conduct UAV operation s in accordance with Section 333 and all other operating parameters deemed necessary and appropriate by the FAA.

Signed
Jimmy Boles Owner JJB Inspections