1 February, 8th 2016

Attn: U. S. Department of Trans portation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

RE: BOYNTON WILLIAMS AND ASSOCIATES REQUEST AN EXEMPTION FR OM THE REQUIREMENTS OF TITLE 14 OF THE CODE
OF FEDERAL REGULATIONS SECTIONS 61.23(a) and (c), 61.113(a) & (b), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.41 7(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Inspire 1 UNMANNE D AIRCRAFT SYSTEMS PURSUANT TO
SECTION 333 OF
THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Nicholas Taylor Boynton Williams and Associates

900 36 th Ave NW, Suite 100 Norman, OK 73069
405-329-0423 F-405-364-1439 ntaylor@bwaarchitects.com2 TABLE OF CONTENTS

Page

GLOSSARY OF AB BREVIATIONS...................................................................................3

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

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

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

BASIS FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER.........................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BOYNTON WILLIAMS AND

ASSOCIATES SEEKS

EXEMPTION............................................................................................................7

THE EXTENT OF RELIEF BOYNTON WILL IAMS AND ASSOCIATES SEEKS AND THE

REASON THE BOYNTON WILLIAMS AND ASSOCIATES SEEKS THE

RELIEF..............................................................10

THE REASONS WHY GRANTING BOYNT ON WILLIAMS AND ASSOCIATES’S REQUEST WOULD BE IN THE PUBLIC INTEREST

............................................................................................12

THE REASONS WHY GRANTING THE EX EMPTION TO BOYNTON WILLIAMS AND

ASSOCATIES WOULD NOT ADVERSELY AFFECT

SAFETY..............................................................14

SUMMARY THAT CAN BE PUBLISHE D IN THE FEDERAL REGISTER...................25

ANY ADDITIONAL INFORMAT ION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT BOYNTON WILLIAMS AND ASSOCIATES REQUEST..................................................25

CONCLUSION..................................................................................................................... 25

APPENDICES......................................................................................... 263 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

Boynton Williams and Associates seeks exempti on from the requirements of 14 C.F.R §§ 61.23(a) & (c), 61.113(a) & (b), 91.7(a), 91.119(c), 91.121, 91.151(b) , 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operat e an Unmanned Aircraft System (DJI Inspire 1) pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (FMRA). This exemption will permit BOYNTON WILLIAMS AND ASSOCIATES to operate an Unmanned Aircraft System (UAS) for the commercial purpos e of conducting aerial video and photography of construction sites, residential and commercial arch itecture, civil landscapes and events over certain

areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Boynton Williams and Associates is an award wi nning, full service archite ctural firm providing master planning, design/build services, sustai nable design/green building, site analysis & development, ADA accessibility studie s, life safety studies, feasibil ity studies and cost estimating to a wide variety of corporat e, education, healthca re, governmental, faith-based and community clients. Boynton Williams and Asso ciates successful projects range from small renovations to multi-million dollar complexes. The objective of Boynton Williams and Associates and our Unmanned Aircraft System (DJI Inspire 1) aerial operations is to provi de a more affordable, highquality production system for a variety of governmental, commercial, public, and residential uses, specifically targeting

• Construction sites before and after

• Commercial and Residential Architecture

• Economic development

• Civic landscapes

• Special event coverage

My staff has safely flown small RC electric quadcopters recreationally for approximately 1 year

without incident.

BACKGROUND

Unmanned Aircraft Syst ems: DJI Inspire 1, UAS

Boynton Williams and Associates seeks an exemption to operate DJI Inspire 1 system for compensation or hire within the NAS. The DJI Insp ire 1 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Sta tion (GCS) utilizing electr onic tablet or smart phone systems. The DJI Inspire 1 has a maximum gross weight of approximately 6.47 lb. while having a diagonal dimension of 17.2”x 17.8”, a ma ximum speed of approximately 72fps and a maximum flying height of 400'. Th e DJI Inspire 1 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.5 The DJI Inspire 1 that will be operated by Boynton Williams and Associates will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, Boynton Williams and Associates, pursu ant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA M odernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Inspire 1, UAS in the National Airspace System (NAS), and for an exemption from the require ments of 14 C.F.R §§ 61.23( a) & (c), 61.113(a) & (b), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.40 7(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 operati on, Boynton Williams and Associates 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.

Accordingly, Boynton Williams and Associat es requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a nd 91.417(a) & (b), as these sect ions set forth requirements for maintenance that only apply to aircra ft with an airworthiness certificate.

Boynton Williams and Associates submits that the re quested relief is proper since an equivalent level of safety will be ensured. Boynton Williams and Associates will use experienced personnel or technicians to perform maintenance, alterati ons, or preventive maintenance on the UAS using the methods, techniques, and practices prescrib ed in the operating do cuments (i.e., Monthly Maintenance Log, and DJI Inspire 1 Instructio n Manual). Furthermore, Boynton Williams and

Associates will document and maintain all ma intenance records for the DJI Inspire 1 UAS.

Relief from certain requirements of Section 61.113(a) a nd (b), entitled Private pilot privileges and

limitations: Pilot in command , is requested by Boynton Williams and Associates to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as

well as an airman medical cer tificate, and who has demonstrat ed, by meeting minimum flighthour and currency requirements, that the PIC is ab le to safely operate th e DJI Inspire 1 UAS in a manner consistent with this exemption, incl uding evasive and emergency maneuvers and maintaining appropriate dist ances from people, vessels, vehicles and structures.

Boynton Williams and Associ ates seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Inspire 1 UAS do not re quire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Boynton Williams and Associates submits that they will ensure that the DJI Inspire 1 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in complianc e with the operating documents (i.e., Monthly6 Maintenance Log, and DJI Inspire 1 Instruction Manual), and that the aircraft ar e in a condition for safe flight.

Boynton Williams 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 radi o communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Boynton Williams and Associates operation of the DJI Inspire 1 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to
Section 91.121.

Additionally, Boynton Williams and Associates s eeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . Boynton Williams and Associates submits that safety will not be aff ected by operation of the DJI Inspire 1 UAS during daylight hours in visual meteor ological conditions (VMC ) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 22 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, Boynton W illiams and Associates provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petit ioner and point of contact is:

Nicholas Taylor Boynton Williams and Associates

900 36 th Ave NW, Suite 100 Norman, OK 73069
405-329-0423 F-405-364-1439 ntaylor@bwaarchitects.com7 B. The Specific Sections Of 14 C.F.R. From Which The Boynton W illiams and Associates Seeks Exemption.

1. Boynton Williams and Associates Seeks Ex emption From The Requi rements Of Section 61.113(a) And (b).

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

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

(a) No person who holds a private pilot certi ficate may act as a p ilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hi re, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire , act as PIC of an aircraft in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. The Boynton Williams and Associates S eeks 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. Boynton Williams and Associates Seeks Ex emption From The Requi rements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subs ection (a), states the following, in part:

(a) Each person operating an aircraft shall main tain the cruising altitude or flight level of that aircraft, as the case may be, by refe rence to an altimeter that is set, when operating--

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

(i) The current reported altimeter setti ng of a station along the route and within

100 nautical miles of the aircraft;

(ii) If there is no station w ithin the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appr opriate available station;

or

(iii) In the case of an aircraft not eq uipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.8 4. Boynton Williams and Associates Seeks Ex emption From The Requi rements 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 nor mal cruising speed, to fly after that for at least 20 minutes.

5. Boynton Williams and Associates Seeks Ex emption From The Requi rement 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 pres cribed in subpart E of this part and shall between required inspections, except as provide d in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Boynton Williams and Associates Seeks Ex emption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, pre ventive maintenance, rebuilding,

or alteration

, subsection (a)(1), st ates the following:

(a) No person may operate any aircraft th at has undergone maintenance, preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to se rvice by a person au thorized under § 43.7 of this chapter[.]

7. Boynton Williams and Associates Seeks Ex emption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

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

(a) Except as provided in paragr aph (c) of this section, no pers on 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 au thorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an ai rworthiness certificate in accordance with part 21 of this chapter.9 8. Boynton Williams and Associates Seeks Ex emption 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, preventiv e maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (includi ng the airframe) and each engine, propeller, rotor, and appliance of an airc raft. 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 numb er of the person approving the aircraft

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airf rame, each engine, each propeller, and each

rotor.

(ii) The current status of life-limited pa rts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of al l items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of th e aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the met hod of compliance, the AD or safety

directive number and revisi on date. If the AD or safety directive involves recurring action, the time and date wh en the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently in stalled engines, rotors, propellers, and appliances.10 (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 othe r work or for 1 year after the work is performed.

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

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Boynton Williams and Associates Seeks And The Reason The Boynton Williams and Asso ciates Seeks The Relief.

1. Extent Of Relief Boynton Williams and Associates Seeks And The Reason Boynton
Williams and Associates Seeks Relie f 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 a llow 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 flighthour 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 employment if: (1) The flight is on ly incidental to that business or employment; and (2) The aircraft does not carry passengers or prope rty for compensation or hire.

As set forth more fully below, Boynton Williams a nd Associates 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 f light-hour and currency requiremen ts, demonstrating that the PIC is able to safely operate either the DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in th is exemption, including evasive a nd emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Boynton Williams and Associates submits that all flights of the DJI Inspire 1 UAS, conducted by the PIC pursuant to the grant of th is Petition: (1) will be incidental to Boynton Williams and Associates’ business; and (2) will no t carry passengers or property for compensation

or hire.

2. Extent Of Relief Boynton Williams and Associates Seeks And The Reason Boynton
Williams and Associates Seek s Relief From Section 91.7(a).11 Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Boynton Williams and Associ ates to determine that the DJI Inspire 1 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Boynton Williams and Associat es Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual).

Boynton Williams and Associates seeks the requeste d relief because the DJI Inspire 1 UAS do not require an airworthiness certifi cate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Boynton Williams and Associates will ensure that the DJI Inspire 1 UAS are in airworthy condition based upon its compliance with th e operating documents (i.e., M onthly Maintenance Log, and DJI Inspire 1) prior to every flight, and further, dete rmine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Boynton Williams and Associates Seeks And The Reason Boynton
Williams and Associates S eeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings , may be 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 alti tude information from the UA to the PIC at the ground control station (GCS). Si nce the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet a bove ground level (AGL), Boynton Williams and Associates seeks the requested relief because the DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than th e local barometric pressu re or field altitude, before each flight.

Considering the limited altitude of the proposed operations, reli ef from 14 CFR 91.121 is sought to the extent necessary to comply with the applic able 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 se nsor and GPS equipment, which automatically ensures that a ground level pressure setting will be established pr ior to each flight, and provides

the PIC with altitude information of th e UA on the heads-up display of the GCS.

4. Extent Of Relief Boynton Williams and Associates Seeks And Boynton Williams and
Associates Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitl ed Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Inspir e 1 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 22 minutes. Boynton Williams and Asso ciates seeks the requested relief because without an exemption from Section 91.151(b), the f light time duration of the battery powered DJI Inspire 1 UAS will severely constrain the practical ity of any aerial video or still photo flight operations that Boynton Williams and Associates proposes to conduct pursuant to this Petition.12 Significantly, as set forth below, the technical sp ecifications of the DJI Inspire 1 UAS, the DJI Inspire 1 operating documents, and Boynton Williams and Associates proposed operating limitations, ensure that Boynton Wi lliams and Associates will safely operate the battery powered DJI Inspire 1 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with e nough battery power to fly for a total duration of 22 minutes.

5. Extent Of Relief Boynton Williams and Associates Seeks And The Reason Boynton
Williams and Associates Seek s 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, Boynton Williams and A ssociates requests relief from these Sections because the DJI Inspire 1 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Inspire 1 UAS meet the conditions of FMRA Section 333 for operation

without an airworthiness certif icate. Accordingly, Boynton Williams and Associates will use trained technicians to perform maintenance, alte rations, or preventive maintenance on the UAS using the methods, techniques, and practices pres cribed in the UAS operating documents (i.e., the Boynton Williams and Associates Aerial Operatio ns Manual, Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, B oynton Williams and Associates will document and maintain all maintenance records for the DJI Inspire 1 UAS.

D. The Reasons Why Granting Boynton William s and Associates 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 Boynton Williams and Associates to safely, efficiently, and econom ically perform aerial video and photography of construction sites, architecture, events and civic landscape over certain areas of the United States.

Additionally, use of the DJI Inspire 1 UAS will d ecrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Boynton Williams and Associates proposed operation of the DJI Inspire 1 UAS will be realized without implicating any privacy issues.

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

The DJI Inspire 1 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aer ial acquisitions, an exem ption allowing the use of a DJI Inspire 1 UAS would reduce the amount of manned aircraft in th e NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.13 Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircra ft 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 re sult in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, ar rival, and landing phase s 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 le vels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Inspire 1 UAS pr oduce no air pollution, and is the most viable environmentally

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photogra phy, while burning approximately 20-30 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 us ually associated with traditional manned aircraft flight operations, will be substan tially reduced or completely elim inated. Aside from the lack of flight crew members located onboard the aircraft , the DJI Inspire 1 UAS (weighing approximately 6.47 pounds at their maximum gross weight with diagonal dimension of 17.2inches x 17.8inches, and with no fuel on board), has less physical potential fo r collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 60 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Inspire 1 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI In spire 1 UAS are also an economical alternative to using manned aircraft to conduct si milar aerial operations . As such, operation of the DJI Inspire 1 UAS will allow United States based companies, like Boynton Williams and Associates, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of

aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operate d companies must adopt new and alternative technology in order to remain competitive. Oper ating the battery powered DJI Inspire 1 UAS is one such technology that not only allows companie s greater operational fl exibility compared to manned aircraft, but provides such flexibility wi thout the high operational cost of a traditional

manned aircraft.

By operating the DJI Inspire 1 UAS, companies such as Boynton Williams and Associates, can remain competitive and profitable, and therefore, provide greater job stability to employees and14 contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commerc ial 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 ope rations that have been conducted for decades, Boynton Williams and Associates proposed operation of the DJI Inspire 1 UAS will not implicate any privacy issues. Specifically, the DJI Inspir e 1 UAS will be operated only in compliance with operating documents (i.e., Boynton Williams and Asso ciates Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 Instruc tion Manual) which requi res property owner
involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum a ltitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Boynton Williams and Associates Seeks Exemption.

1. Reasons Why The DJI Inspire 1 UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Boynton W illiams and Associates’s operation of the DJI Inspire 1 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS w ill create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specificall y, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other re quirement of this su btitle, and not later than 180 days after the date of enactment of this Act, th e Secretary of Transportation shall determine if certain unmanned aircraft systems may operate sa fely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance require d by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Syst ems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft syst ems, if any, as a re sult 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 users15 of the national airspace system or th e 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 syst ems 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 requi rements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Boynton Williams and Associates submits that the DJI Inspire 1 UAS can operate safely in the NAS pursuant to FM RA Section 333, as dem onstrated by: (a) the characteristics of the DJI Inspire 1 UAS; (b) the p ilot certification requirement; and (c) the specific operating limitations.

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

The DJI Inspire 1 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering it s 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, attached hereto as Appendix A.

ii. The DJI Inspire 1 UAS Global Position ing Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Inspire 1 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigationa l modes of the DJI Inspire 1 UAS is provided at pages 11 of the DJI Inspire 1 User Ma nual attached hereto as Appendix A.

iii. The DJI Inspire 1 UAS Are Designed Fo r Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Inspire 1 UA S will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 UA S does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will de scend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Inspire 1 UAS are set forth at pages 13 through 16 of the DJI Inspire 1 User Ma nual, attached hereto as Appendix A.

iv. The DJI Inspire 1 GCS And Its Operation.

A complete description of the ope ration and specifications of th e DJI Inspire 1 GCS and flight control software is provided in the DJI Inspire 1 User Manual. DJI In spire 1 User Manual is attached hereto as Appendix A.16 b. Flight Operations Of DJI Inspire 1 UAS Is Limited To The Li ne Of Sight Of A
Certificated Pilot in Comma nd With A Safety Observer.

Boynton Williams and Associates video production sta ff will be the only persons to act as a pilot in command (PIC) of the DJI Inspire 1 UAS. Additio nally, a safety observer will assist him at all times during flight time.

c. Flights Of DJI Inspire 1 UAS Will Be Conducted Pursuant To Specific Operating
Limitations.

In seeking this exemption, Boynton Williams and Associates proposes to commercially operate DJI Inspire 1 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documen ts, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this
grant.

2. UAS operations 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 must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures spec ified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in

feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alwa ys maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electroni c messaging or texting is not permitted during flight operations. The PIC must be designated before the flight

and cannot transfer his or he r designation for the duration of the flight. The PIC must ensure that the SO can perform the functi ons prescribed in the operating documents.

8. The SO must not perform any other dutie s beyond assisting the PIC with seeing and avoiding other air traffic a nd other ground based obstacles /obstructions and is not permitted to operate the camera or other instruments.17 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon reques t. If a discrepancy exists

between the conditions and limitations cont ained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take pr ecedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its opera ting documents. The operator may update or revise its operating doc uments. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also pres ent updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator mu st petition for amendm ent to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisi ons to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a c ondition that affects the safe operation of the UAS, the aircraft is prohibited from operati ng until the necessary maintenance has been performed and the UAS is found to be in a condition for safe fli ght. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documente d in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. repl acement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its mainte nance, inspections, and record keeping requirements, in accordance with the opera ting documents. Maintenance, inspection, alterations, and status of replacement/overhau l component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized pers on returning the UAS to service.

15. Each UAS operated under this exemption mu st comply with all manufacturer Safety

Bulletins.

16. The authorized person must ma ke an entry in the aircraft record of the corrective action taken against discrepancie s discovered between inspections.18 17. The PIC must possess at least a private pilo t certificate and at l east a current thirdclass medical certificate.

18. The operator may not permit any PIC to ope rate unless the PIC meets the operator’s qualification criteria and demonstrates the abili ty to safely operate the UAS in a manner

consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaini ng appropriate distances from persons, vessels, vehicles and structur es. 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 dedi cated 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 duri ng night, as define d in 14 C.F.R. § 1.1. All operations must be conducted under vi sual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under speci al 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 aeronauti cal chart unless a letter of agreement with that airport’s management is obtai ned, and the operat ion is conducted in accordance with a NOTAM as required by the op erator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it mustreturn to a predetermined location within the planned ope rating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the ev ent of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (c onsidering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements19 in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with th e exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F. R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio fr equency spectrum used for operation and control of the UA must comply with th e Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

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

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

documents must be made available to the Ad ministrator or any law enforcement official
upon request.

29. The UA must remain clear and yield th e right of way to all manned aviation operations and activitie s at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than th e 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 rema in under such protection. If a situation arises where nonparticipating persons leav e such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels , vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operati ng closer to those objects and determined that it doe s not present an undue hazard, and;

c. Operations nearer to the PIC, SO, opera tor trainees or esse ntial persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over pr ivate or controlled-access property with permission from the land owner/controller or authorized repres entative. Permission

from land owner/controller or authorized re presentative will be obtained for each flight

to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be20 reported to the National Transportation Sa fety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requi rements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

Boynton Williams and Associates subm its that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emer gency maneuvers and maintaining appropriate distances from people, vessels , vehicles and structures.

Considering Boynton Williams and Associates 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 opera te the DJI Inspire 1 UAS, Boynton Williams and

Associates submits that the additional manne d airmanship experience of a commercially certificated pilot would not correl ate to the airmanship skills necessary for Boynton Williams and Associates’s specific pro posed flight operations.

The FAA has previously granted relief from S ection 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).

Boynton Williams and Associates wi ll not allow any PIC to operat e the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum f light-hour requirements or the DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with this exempti on, including evasive and emergency maneuvers and maintaining appropriate dist ances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour require ments, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Boynton Williams and Associates proposed operati ons. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:21 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 CF R 61.51(b), 25 hours of to tal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exempti on. For clarification, th e 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 practi ce and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in complian ce 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 experien ce-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Boynton Williams and Associates w ill ensure safe operations by not allowing any PIC to operate the DJI Inspire 1 UAS unless th at PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate dist ances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Re quirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Se ction 91.7(a) will be maintained because prior to every flight, Boynton Williams and Associates 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 a nd limitations herein.

Additionally, the FAA has previously granted reli ef 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).22 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Inspire 1 UAS wi ll 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 a nd altitude. This altitude info rmation, combined with Boynton Williams and Associates’s operation of the DJI Inspire 1 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of sa fety 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.

The FAA has previously granted relief from Se ction 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Re quirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equi valent level of safety established by 14 C.F.R. Section 91.151(b) as a resu lt of (1) the technical specifications of the DJI Inspire 1 UAS; (2) the limitations on the proposed flight operations; and (3 ) the location of the pro posed flight operations. Accordingly, Boynton Williams and A ssociates will ensure that it w ill safely operate the battery powered DJI Inspire 1 UAS during daylight hour s in VFR conditions, with enough battery power to fly for a total duration of 22 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 estab lished by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Inspire 1 UAS pr ovide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first wa rning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Inspire 1 UAS will descend and land automatically.

Significantly, previous exemptions granted by th e FAA concerning Section 91.151 establish that safety is not adversely affected when the technica l 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 reli ef 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).23 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Boynton Williams and Asso ciates submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a )(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b ) will be met because Boynton Williams and Associates will use trained technicians to pe rform maintenance, alterations, or preventive maintenance on the UAS using the me thods, techniques, and pr actices prescribed in the operating documents (i.e., Boynton Williams and Associates Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual). Fu rthermore, Boynton

Williams and Associates will document and maintain all maintenance records for the DJI Inspire

1 UAS.

Since the DJI Inspire 1 UAS will be inspected as prescribed by the operating documents, Boynton Williams and Associates will maintain the equivale nt level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Inspire 1 User Manuals are attached hereto as Appendix A and B; a copy of the DJI In spire 1 UAS Maintenance LO G is attached hereto as Appendix C.

Likewise, the exemption sought will not advers ely affect safety because Boynton Williams and Associates will use trained technicians to pe rform maintenance, alterations or preventive maintenance on the UAS using the methods, technique s, and practices prescribed by the operating

documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all ma intenance of the DJI Inspire 1 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions grante d by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a nd 91.417(a) & (b) establ ish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of Boynton Williams and Asso ciates’ proposed operating limitations, the operating documents, and the technical aspects of the DJI Inspire 1 UAS, Boynton Williams and Associates submits that safety will not be advers ely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.4 09(a)(2), and 91.417(a) a nd (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.24 In accordance with Section 333 of the FAA Mode rnization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Boynt on Williams and Associates requests that the FAA prescribe special conditions for the intend ed 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 establishe d 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 photogra phy over certain areas of the Un ited States for compensation or hire. FMRA Section 333 sets forth the require ments for considering whether a UAS will create a hazard to users of the NAS or the public, or ot herwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworth iness certification in accordance with any requirements that must be es tablished 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, sinc e the airworthiness regul ations 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, enti tled Special Conditions, states the following:

If the FAA finds that the airworthiness regu lations of this subchapter do not contain adequate or appropriate safety standards fo r an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of th e aircraft, aircraft engine or propeller, he prescribes special conditions and amendmen ts thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended op eration 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 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), a nd 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The Rules From Which The Boynton Williams and Associates Seeks Exemption:

Boynton Williams and Associates seeks exem ption 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 Boynton Williams and Associates
Seeks:25 This exemption will permit Boynton Williams and Associates to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain area s of the United States.

• Any Additional Information, Views, Or Arguments Available To Support Boynton Williams and Associates Request.

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

(FMRA) Section 333, which direct s the Secretary of Tr ansportation to determ ine if certain UAS may operate safely in the NAS. As such, Boynton Williams and Associates request for exemption may be granted pursuant to the au thority 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 ope rate without airworth iness certification.

As discussed in detail above, Boynton Williams and Associates will operate the DJI Inspire 1 UAS safely in the NAS, without creating a hazard to user s of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Boynton Williams and Associat es seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization a nd Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Inspire 1 UAS comme rcially, without an airw orthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petiti on, the FAA Administrator will be fulfilling the Congressional

mandate of the FAA Modernization and Reform Ac t of 2012, while also advancing the interests of the public, by allowing Boynton Williams and Associates 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, Sec tion 333, Boynton Williams and Associates respectfully requests that the Administrator gr ant 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), a nd 91.417(a) & (b), and permit L eading Edge to operate the DJI Inspire 1 UAS commercially for the purpose of conducting aerial video and photography over

certain areas of the United States.

Dated: February 8th , 2016

Respectfully submitted,26 Nicholas Taylor Boynton Williams and Associates

900 36 th Ave NW, Suite 100 Norman, OK 73069
405-329-0423 F-405-364-1439 ntaylor@bwaarchitects.com

Appendices:

A – Link to DJI Inspire 1 Ma nual: Click on link below

https://dl.djicdn.com/downloads/inspire_1/ en/Inspire_1_User_Manua l_en_v2.0_1218.pdf