**UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION**  **FEDERAL AVIATION ADMINISTRATION**

**WASHINGTON, DC**

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**ANDREW L. CHROSTOWSKI**

**FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(A) & (B), 91.7(A),**  **91.121, 91.151(B), 91.405(A), 91.407(A)(1), 91.409(A)(1) & (A)(2), AND 91.417(A) & (B) CONCERNING COMMERCIAL OPERATION O**  **F THE DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION** 

**AND REFORM ACT OF 2012 (PUBLIC LAW 112**

**- 95)** 

**SUBMITTED ON**

**DECEMBER 23, 2015**

**ANDREW L. CHROSTOWSKI 1409 WEST 29TH STREET** 

**ERIE, PA 16508 (814) 882** 

**- 7665**  **TABLE OF CONTENTS**1

**GLOSSARY OF ABBREVIATIONS..................................................................................................2** 

**SUMMARY...................................................................................................3**

**INTRODUCTION AND INTERESTS OF PETITIONER..........................................3**

**BACKGROUND.............................................................................................4**

**BASIS F OR PETITION....................................................................................4** 

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

**THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ANDREW L. CHROSTOWSKI SEEKS EXEMPTION...............................................................7** 

**THE EXTENT OF RE LIEF ANDREW L. CHROSTOWSKI SEEKS AND THE**  **REASON ANDREW L. CHROSTOWSKI SEEKS THE RELIEF..............................11**

**THE REASONS WHY GRANTING ANDREW L. CHROSTOWSKI’S REQUEST WOULD BE IN THE PUBLIC INTEREST...........................................................15** 

**THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY......................................................................19** 

**CONCLUSION.............................................................................................31**

**GLOSSARY OF ABBREVIATIONS**

**AGL ABOVE GROUND LEVEL**  **AOI AREA OF INTEREST** 2

**ATC AIR TRAFFIC CONTROL**  **A TO**  **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 TAKE OFF AND LANDING DJI**  **UAV MANUFACTURER ESC**  **ELECTRONIC SPEED CONTROL FPV**  **FIRST PERSON VIEW LI** 

**- PO**  **LITHIUM POLYMER BATTERY**  **RCV RADIO CONTROLLED VEHICLE** 

**SUMMARY**

**ANDREW L. CHROSTOWSKI, OPERATING UNDER THE COMPANY TITLE, ELITE A/V SOLUTIONS SEEKS EXEMPTION FROM THE REQUIREMENTS OF 14 C.F.R**  **61.113(A) & (B), 91.7(A), 91.121, 91.151(B), 91.405(A), 91.407(A)(1), 91. 409(A)(1) & (A)(2),**  **AND 91.417(A) & (B), TO OPERATE AN UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT**  **OF 2012 (FMRA). THIS EXEMPTION WILL PERMIT ANDREW L. CHROSTOWSKI**3

**TO OPERATE AN UNMANNED AIRCRAFT SYSTEM (UAS) F OR THE**  **COMMERCIAL PURPOSE OF CONDUCTING AERIAL VIDEO AND PHOTOGRAPHY FOR MARKETING, FILM SETS, REAL ESTATE PHOTOGRAPHY,**  **COMMERCIALS, SPECIAL EVENTS, WEDDING CINEMATOGRAPHY, MARINE PHOTOGRAPHY AND VIDEOGRAPHY, ROOFING INSPECTION, AND**  **LANDSCAPE IMAGING OVER CERTAIN AREAS OF THE UNITED STATES.** 

**INTRODUCTION AND INTERESTS OF THE PETITIONER**

**MY NAME IS ANDREW L. CHROSTOWSKI, AND I AM AN AERIAL RCV ENTHUSIAST WITH OVER 5 YEARS OF EXPERIENCE OPERATING VARIOUS**  **TYPES OF AERIAL RCV’S AS WELL AS 1 YEAR OPERATING QUADCOPTER UAS’S. ANDREW L. CHROSTOWSKI ALSO PROVIDES CUSTOMERS HIGH**  **QUALITY PHOTOGRAPH Y AND VIDEOGRAPHY FOR A WIDE RANGE OF**  **APPLICATIONS. ANDREW L. CHROSTOWSKI IS CONSIDERED AN ADVANCED LEVEL RCV PILOT, WHO HAS EVEN TAUGHT BEGINNERS HOW TO PILOT**  **RCV’S.**

**THE OBJECTIVE OF ELITE A/V SOLUTIONS IS TO PROVIDE SUPERIOR AERIAL IMAGING FOR A WIDE**  **RANGE OF INDUSTRIES AND EVENTS WHILE PROMOTING SAFE UAS OPERATIONS AND PROMOTING PUBLIC KNOWLEDGE**  **OF UAS’S AS WELL AS PROVIDING A HIGH LEVEL OF KNOWLEDGE ABOUT UAS’S.** 

**BACKGROUND**

**UNMANNED AIRCRAFT SYSTEMS: DJI INSPIRE 1 UAS ANDREW L. CHROSTOWSKI SE**  **EKS AN EXEMPTION TO OPERATE THE DJI SYSTEM FOR COMPENSATION OR HIRE WITHIN THE NAS. THE DJI**  **INSPIRE 1 IS A VERTICAL TAKEOFF AND LANDING (VTOL) UNMANNED AIRCRAFT (UA) WITH A GROUND CONTROL STATION (GCS) UTILIZING**  **ELECTRONIC TABLET OR SMART PHONE SYSTEMS. THE DJI INSPIRE 1 HAS A**  **MAXIMUM GROSS WEIGHT OF APPROXIMATELY 6 POUNDS 4 OUNCES, WHILE HAVING A LENGTH OF APPROXIMATELY 17 INCHES, WIDTH OF 17 INCHES,** 4

**HEIGHT OF 11 INCHES, AND A MAXIMUM SPEED OF APPROXIMATELY 42 KNOTS. THE DJI INSPIRE 1 IS EQUIPPED WITH F**  **OUR MAIN ROTORS; DRIVEN BY A LITHIUM POLYMER BATTERY POWERED ELECTRIC MOTOR.** 

**THE DJI INSPIRE 1 UAS THAT WILL BE OPERATED BY ANDREW L. CHROSTOWSKI 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 MARKINGS.** 

**BASIS FOR PETITION**

**PETITIONER, ANDREW L. CHROSTOWSKI, PURSUANT TO THE PROVISIONS OF THE FEDERAL AVIATION REGULATIONS (14 C.F.R & 11.61)**  **AND THE FAA MODERNIZATION AND REFORM ACT OF 2012 (FMRA), SECTION 333,**  **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 EX** **EMPTION FROM THE REQUIREMENTS OF 14 C.F.R 61.113(A) & (B), 91.7(A), 91.121, 91.151(B), 91.405(A), 91.407(A)(1), 91.409(A)(1) & (A)(2), AND 91.417(A) & (B).** 

**IN CONSIDERATION OF THE SPEED, WEIGHT, SIZE, AND LIMITED OPERATING AREA ASSOCIATED WITH THE UNMANN**  **ED AIRCRAFT AND ITS OPERATION, ANDREW L. CHROSTOWSKI’S OPERATION OF THE 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, ANDREW L. CHROSTOWSKI REQUESTS RELIEF FROM SECTIONS 91.405(A), 91.407(A)(1), 91.409(A)(1) & (A)(2), AND 91.417(A) & (B), AS**  **THESE SECTIONS SET FORTH REQUIREMENTS FOR MAINTENANCE THAT ONLY APPLY TO AIRCRAFT WITH AN AIRWORTHINESS CERTIFICATE.** 

**ANDREW L. CHROSTOWSKI SUBMITS THAT THE REQUESTED RELIEF IS PROPER SINCE AN EQUIVALENT LEVEL OF SAFETY WILL BE ENSURED.**  **ANDREW L. CHROSTOWSKI WILL USE EXPERIENCED PERSONNEL OR TECHNICIANS TO PERFORM MAINTENANCE, ALTERATIONS, OR**  **PREVENTATIVE MAINTENANCE ON THE UAS USING THE METHODS,** 5

**TECHNIQUES, AND PRACTICES PRESCRIBED IN THE OPERATING DOCUMENTS (IE: MONTHLY MAINTENANCE LOG, AND DJI INSPIRE 1 MANUAL)**  **FURTHERMORE, ANDREW L. CHROSTOWSKI WILL DOCUMENT AND MAINTAIN ALL MAINTENANCE RECORDS FOR THE DJI INSPIRE 1** 

**. RELIEF FROM CERTAIN REQUIREMENTS OF SECTION 61.113(A) AND (B),**  **ENTITLED PRIVATE PILOT PRIVILEGES AND LIMITATIONS: PILOT IN COMMAND, IS REQUESTED BY ANDREW L. CHROSTOWSKI 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 CERTIFICATE, AND WHO 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 THIS EXEM**  **PTION, INCLUDING EVASIVE AND EMERGENCY MANEUVERS AND MAINTAINING APPROPRIATE DISTANCES FROM PEOPLE, VESSELS, VEHICLES,**  **AND STRUCTURES.**

**ANDREW L. CHROSTOWSKI SEEKS RELIEF FROM SECTION 91.7(A), ENTITLED CIVIL AIRCRAFT WORTHINESS, BECAUSE THE DJ** **I INSPIRE 1 UAS DOES NOT REQUIRE AN AIRWORTHINESS CERTIFICATE IN ACCORDANCE**  **WITH 14 C.F.R. PART 21, SUBPART H. AS SUCH, ANDREW L. CHROSTOWSKI SUBMITS THAT HE WILL ENSURE THAT THE DJI INSPIRE 1 UAS IS IN**  **AIRWORTHY CONDITION PRIOR TO EVERY FLIGHT, BY DETERM INING THAT**  **THE UAS IS IN COMPLIANCE WITH THE OPERATING DOCUMENTS (I.E., MONTHLY MAINTENANCE LOG, AND DJI INSPIRE 1 INSTRUCTION MANUAL),**  **AND THAT THE AIRCRAFT IS IN A CONDITION FOR SAFE FLIGHT.**

**ANDREW L. CHROSTOWSKI ALSO SEEKS AN EXEMPTION FROM THE REQUIRE**  **MENTS 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**6

**INSPIRE 1 UAS WILL BE PROVIDED TO THE PIC VIA GLOBAL POSITIONING SYSTEM (GPS) EQU**  **IP MENT AND RADIO COMMUNICATIONS TELEMETRY**  **DATA LINK, WHICH DOWNLINKS FROM THE UAS TO THE GCS FOR ACTIVE MONITORING OF THE FLIGHT PATH. THIS ALTITUDE INFORMATION,**  **COMBINED WITH ANDREW L. CHROSTOWSKI’S OPERATION OF THE DJI INSPIRE 1 UAS WITHIN VISUAL LINE O**  **F SIGHT, AT OR BELOW 500 FEET AGL, WILL ENSURE A LEVEL OF SAFETY EQUIVALENT TO SECTION 91.121.** 

**ADDITIONALLY, ANDREW L. CHROSTOWSKI SEEKS AN EXEMPTION FROM THE REQUIREMENTS OF SECTION 91.151(B), ENTITLED FUEL**  **REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS. AND REW L.**  **CHROSTOWSKI SUBMITS THAT SAFETY WILL NOT BE AFFECTED BY OPERATION OF THE DJI INSPIRE 1 UAS DURING DAYLIGHT HOURS IN VISUAL**  **METEOROLOGICAL CONDITIONS (VMC) UNDER VISUAL FLIGHT RULES (VFR), WITH ENOUGH BATTERY POWER TO FLY FOR A TOTAL DURATION OF**  **APPR OXIMATELY 18 MINUTES TO THE FIRST POINT OF INTENDED LANDING**  **AND, ASSUMING NORMAL CRUISING SPEED, TO FLY AFTER THAT FOR AT LEAST 4.5 MINUTES.** 

**IN ACCORDANCE WITH 14 C.F.R 11.81, ANDREW L. CHROSTOWSKI PROVIDES THE FOLLOWING INFORMATION IN SUPPORT OF ITS PE**  **TITION FOR EXEMPTION:** 

**A. NAME AND ADDRESS OF THE PETITIONER.** 

**THE NAME AND ADDRESS OF THE PETITIONER AND POINT OF CONTACT IS:**  **ANDREW L. CHROSTOWSKI 1409 WEST 29TH STREET**  **ERIE, PA 16508 (814) 882.7665**  **EMAIL: ELITEAVS814TV@GMAIL.COM** 

**A. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ANDREW L.**  **CHROSTOWSKI SEEKS EXEMPTION.**

**1. ANDREW L. CHROSTOWSKI SEEKS EXEMPTION FROM THE**  **REQUIREMENTS OF SECTION 61.113(A) AND (B).**7

**SECT ION 61.113, ENTITLED PRIVATE PRIVILEGES AND LIMITATIONS:**  **PILOT IN COMMAND, SUBSECTIONS (A) AND (B) PRESCRIBE THE FOLLOWING, IN RELEVANT PART:** 

**A. NO PERSON WHO HOLDS A PRIVATE PILOT CERTIFICATE MAY**  **ACT AS A PILOT IN COMMAND (PIC) OF AN AIRCRAFT THAT IS CARRYI**  **NG PROPERTY OR PASSENGERS FOR COMPENSATION OR HIRE; NOR MAY THAT PERSON, FOR COMPENSATION OR HIRE,**  **ACT AS PIC OF AN AIRCRAFT. B.**  **A PRIVATE PILOT MAY, FOR COMPENSATION OR HIRE, ACT AS PIC OF AN AIRCRAFT IN CONNECTION WITH ANY BUSINESS OR**  **EMPLOYMENT IF**

**-- (1) TH**  **E FLIGHT IS ONLY IDENTICAL TO THAT BUSINESS OR EMPLOYMENT; AND (2) THE AIRCRAFT DOES NOT**  **CARRY PASSENGERS OR PROPERTY FOR COMPENSATION OR HIRE.** 

**2. ANDREW L. CHROSTOWSKI SEEKS EXEMPTION FROM THE**  **REQUIREMENTS OF SECTION 91.7(A).**

**SECTION 91.7, ENTITLED CIVIL AIRCRAFT WORTHINESS, SUBSECTION**  **(A), STATES THE FOLLOWING: (A) NO PERSON MAY OPERATE A CIVIL AIRCRAFT UNLESS IT IS IN AN AIRWORTHY CONDITION.** 

**3. ANDREW L. CHROSTOWSKI SEEKS EXEMPTION FROM THE**  **REQUIREMENTS OF SECTION 91.121. SECTION 91.121, ENTITLED ALTIMETER SETTINGS, SUBSECTION (A),**  **STATES THE FOLLOWING, IN PART:**

**A. EACH PERSON OPERATING AN AIRCRAFT SHALL MAINTAIN THE**  **CRUISING ALTITUDE OR FLIGHT LEVEL OF THAT AIRCRAFT, AS THE CASE MAY BE, BY REFERENCE TO AN ALTIMETER THAT IS**  **S ET, WHEN OPERATING** 

**-- BELOW 18,000 FEET MSL, TO** 

**--**

**THE CURRENT REPORTED ALTIMETER SETTING OF A STATION ALONG THE ROUTE AND WITHIN 100 NAUTICAL MILES OF THE**  **AIRCRAFT;**

**IF THERE IS NO STATION WITHIN THE AREA PRESCRIBED IN PARAGRAPH (A)(1)(I) OF THIS**  **SECTION, THE CURRENT REPORTED ALTIMETER SETTING OF AN APPROPRIATE AVAILABLE STATION;**  **OR;**8

**IN THE CASE OF AN AIRCRAFT NOT EQUIPPED WITH A RADIO, THE ELEVATION OF THE DEPARTURE AIRPORT OR AN**  **APPROPRIATE ALTIMETER SETTING AVAILABLE BEFORE DEPARTURE.** 

**4. ANDREW L. CHROSTOWSKI SEEKS EXEMPTION FROM THE**  **REQUIREMENTS OF SECTION 91.151(B)..**

**SECTION 91.151, ENTITLED FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS, SUBSECTION (B), STATES THE FOLLOWING:** 

**(B) NO PERSON MAY BEGIN A FLIGHT IN A ROTORCRAFT UNDER VFR CONDITIONS UNLESS (CONSIDERING WIND AND ALL**  **FORECAST WEATHER CONDITIONS) THERE IS ENOUGH FUEL TO FLY TO THE FIRST POINT OF INTENDED LANDING AND,**  **ASSUMING NORMAL CRUISING SPEED, TO FLY AFTER THAT FOR AT LEAST 20 MINUTES.** 

**5. ANDREW L. CHROSTOWSKI SEEKS EXEMPTION FROM THE**  **REQUIREMENTS OF SECTION 91.405(A).**

**SECTION 91.405, ENTITLED MAINTENANCE REQUIRED, SUBSECTION (A), STATES THE FOLLOWING:**  **EACH OWNER OR OPERATOR OF AN AIRCRAFT** 

**--**

**A. SHALL HAVE THAT AIRCRAFT INSPECTED AS PRESCRIBED IN**  **SUBPART E OF THIS PART AND SHALL BETWEEN INSPECTIONS, EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SECTION,**  **HAVE DISCREPANCIES REPAIRED AS PRESCRIBED IN PART 43 OF THIS CHAPTER.** 

**6. ANDREW L. CHROSTOWSKI SEEKS EXEMPTION FROM THE**  **REQUIREMENTS OF SECTION 91.407(A)(1)**

**SECTION 91.407(A)(1), ENTITLED OPERATION AFTER MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, OR ALTERATION,**  **SUBSECTION (A)(1), STATES THE FOL LOWING:** 

**A. NO PERSON MAY OPERATE ANY AIRCRAFT THAT HAS**  **UNDERGONE MAINTENANCE, PREVENTIVE MAINTENANCE,**9

**REBUILDING, OR ALTERATION UNLESS**

**-- (1) IT HAS BEEN**  **APPROVED FOR RETURN TO SERVICE BY AN AUTHORIZED PERSON UNDER 43.7 OF THIS CHAPTER.** 

**7. ANDREW L. CHROSTOWSKI SEEKS EXEMPTION 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 PARAGRAPH (C) OF THIS SECTION, NO**  **PERSON MAY OPERATE AN AIRCRAFT UNLESS, WITHIN THE**  **PRECEDING 12 CALENDAR MONTHS, IT HAS HAD**

**-- (1)**  **AN ANNUAL INSPECTION IN ACCORDANCE WITH PART 43 OF THIS CHAPTER AND HAS BEEN APPROVED FOR RETURN TO SERVICE BY A**  **PERSON AUTHORIZED BY 43.7 OF THIS CHAPTER, OR (2)**  **AN INSPECTION FOR TH E ISSUANCE OF AN AIRWORTHINESS**  **CERTIFICATE IN ACCORDANCE WITH PART 21 OF THIS CHAPTER.**

**8. ANDREW L. CHROSTOWSKI SEEKS EXEMPTION FROM THE**  **REQUIREMENTS OF SECTIONS 91.417(A) AND 91.417(B).**

**SECTION 91.417, ENTITLED MAINTENANCE RECORDS, SUBSECTIONS (A) AND (B), STATE THE FOLLOWING:** 

**A. EXCEPT FOR WORK PERFORMED IN ACCORDANCE WITH 91.411**  **AND 91.413, EACH REGISTERED OWNER OR OPERATOR SHALL KEEP THE FOLLOWING RECORDS FOR THE PERIODS SPECIFIED**  **IN PARAGRAPH (B) OF THIS SECTION:**

**1. RECORDS OF THE MAINTENANCE, PREVENTIVE MAINTENANCE, AND ALTERATION AND RECORDS OF THE 100** 

**- HOUR, ANNUAL, PROGRESSIVE, AND OTHER REQUIRED OR**  **APPROVED INSPECTIONS, AS APPROPRIATE, FOR EACH AIRCRAFT (INCLUDING THE AIRFRAME) AND EACH ENGINE,**  **PROPELLER, ROTOR, AND APPLIANCE OF AN AIRCRAFT. THE RECORDS MUST INCLUDE** 

**--**
**(I) A DESCRIPTION (OR REFERENCE TO DATA ACCEPTABLE TO THE ADMINISTRATOR) OF THE WORK**  **PERFORMED; AND**10

**(II) THE DATE OF COMPLETION OF THE WORK PERFORMED AND**  **(III) THE SIGNATURE, AND CERTIFICATE NUMBER OF THE**  **PERSON APPROVING THE AIRCRAFT FOR RETURN TO SERVICE.** 

**2. RECORDS CONTAINING THE FOLLOWING INFORMATION:**

**(I) THE TOTAL TIME IN SERVICE OF THE AIRFRAME, EACH ENGINE, EACH PROPELLER, AND EACH ROTOR.**  **(II) THE CURRENT STATUS OF LIFE LIMITED PARTS OF**  **EACH AIRFRAME, ENGINE, PROPELLER, ROTOR, AND APPLIANCE.**  **(III) THE TIME SINCE LAST OVERHAUL OF ALL ITEMS INSTALLED ON THE AIRCRAFT WHICH ARE REQUIRED TO**  **BE OVERHAULED ON A SPECIFIED TIME BASIS. (IV) THE CURRENT INSPECTION STATUS OF THE AIRCRAFT,**  **INCLUDING THE TIME SINCE THE LAST INSPECTION REQUIRED BY THE 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 METHOD OF COMPLIANCE, THE AD OR SAFETY DIRECTIVE**  **NUMBER AND REVISION DATE. IF THE AD OR SAFETY DIRECTIVE INVOLVES RECURRING ACTION, THE TIME AND**  **DATE WHEN THE NEXT ACTION IS REQUIRED. (VI) COPIES OF**  **THE FORMS PRESCRIBED BY 43.9(D) OF THIS CHAPTER FOR EACH MAJOR ALTERATION TO THE**  **AIRFRAME AND CURRENTLY INSTALLED ENGINES, ROTORS, PROPELLERS, AND APPLIANCES.** 

**3. THE OWNER OR OPERATOR SHALL RETAIN THE FOLLOWING RECORDS FOR THE PERIODS PRESCRIBED:** 

**(I) THE RECORDS SPECIFIED IN PARAGRAPH (A)(1) OF THIS**  **SECTION SHALL BE RETAINED UNTIL THE WORK IS REPEATED OR SUPERSEDED BY OTHER WORK OR FOR 1**  **YEAR AFTER WORK IS PERFORMED. (II) THE RECORDS SPECIFIED IN PARAGRAPH (A)(2) OF THIS** 11

**SECTION SHALL BE RETAI NED AND TRANSFERRED WITH**  **THE AIRCRAFT AT THE TIME THE AIRCRAFT IS SOLD. (III) 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.** 

**B. THE EXTENT OF RELIEF ANDREW L. CHROSTOWSKI SEEKS AND THE**  **REASON ANDREW L. CHROSTOWSKI SEEKS THE RELIEF.**

**1. EXTENT OF RELIEF ANDREW L. CHROSTOWSKI SEEKS AND THE**  **REASON ANDREW L. CHROSTOWSKI SEEKS RELIEF FROM**  **SECTION 61.113(A) AND (B).**

**RELIEF FROM SECTION 61.113(A) AND (B) ENTITLED PRIVATE PILOT PRIVILEGES AND LIMITATIONS: PILOT IN**  **COMMAND, IS REQUESTED TO THE EXTENT NECESSARY TO ALLOW A PIC HOLDING A PRIVATE PILOT OR HIGHER LEVEL**  **CERTIFICATE, AS WELL AS CURRENT AND VALID AIRMAN MEDICAL CERTIFICATE, AND WHO HAS MET CERTAIN**  **FLIGHT**

**- HOUR AND CURRENCY REQUIREMENTS, TO CONDUCT**  **THE PROPOSED UAS FLIGHT OPERATIONS FOR COMPENSATION OR HIRE.**  **THIS RELIEF IS REQUESTED SINCE THE LIMITATIONS SET**  **FORTH IN SECTION 61.113(A) AND (B) STATE THAT A PRIVATE PILOT MAY, FOR COMPENSATION OR HIRE, ACT AS PIC OF AN AIRCRAFT IN**  **CONNECTION WITH ANY BUSINESS OR EMPLOYMENT IF: (1) THE FLIGHT IS ONLY INCIDENTAL TO THAT BUSINESS OR EMPLOYMENT;**  **AND (2) THE AIRC RAFT DOES NOT CARRY PASSENGERS OR PROPERTY**  **FOR COMPENSATION OR HIRE.**

**AS SET FORTH MORE FULLY BELOW, ANDREW L. CHROSTOWSKI SUBMITS THAT AN EQUIVALENT LEVEL OF SAFETY**  **WILL BE MAINTAINED BECAUSE NO PIC WILL BE ALLOWED TO OPERATE THE DJI INSPIRE 1 UAS UNL**  **ESS THAT PIC IS ABLE TO SAFELY OPERATE THE DJI INSPIRE 1 UAS IN A MANNER CONSISTENT WITH THE**  **OPERATIONS SPECIFICATIONS AS DESCRIBED IN THIS EXEMPTION, INCLUDING EVASIVE AND EMERGENCY MANEUVERS, AS WELL AS**  **MAINTAINING APPROPRIATE DISTANCES FROM PEOPLE, VESS ELS,**  **VEHICLES AND STRUCTURES.**12

**FURTHERMORE, ANDREW L. CHROSTOWSKI SUBMITS THAT ALL FLIGHTS OF THE DJI INSPIRE 1 UAS, CONDUCTED BY THE PIC**  **PURSUANT TO THE GRANT OF THIS PETITION: (1) WILL BE INCIDENTAL TO ANDREW L. CHROSTOWSKI’S BUSINESS; AND (2) WILL NOT**  **CARRY PASSENGERS OR PROPERTY FOR COMPENSATION OR HIRE.** 

**2. EXTENT OF RELIEF ANDREW L. CHROSTOWSKI SEEKS AND THE**  **REASON ANDREW L. CHROSTOWSKI SEEKS RELIEF FROM SECTION 91.7(A).** 

**RELIEF FROM SECTION 91.7(A) ENTITLED CIVIL AIRCRAFT WORTHINESS, IS REQUESTED TO THE EXTENT REQUIRED TO ALLOW**  **ANDREW L. CHROSTOWSKI TO DETERMINE THAT THE DJI INSPIRE 1 UAS IS IN AIRWORTHY CONDITION PRIOR TO EVERY FLIGHT BY**  **ENSURING THAT THE UAS IS IN COMPLI ANCE WITH THE OPERATING**  **DOCUMENTS (I.E., ANDREW L. CHROSTOWSKI’S AERIAL OPERATIONS MANUAL, MONTHLY MAINTENANCE LOG, AND DJI INSPIRE 1**  **INSTRUCTION MANUAL, PRE**

**- FLIGHT CHECKLIST).**  **ANDREW L. CHROSTOWSKI SEEKS THE REQUESTED RELIEF BECAUSE THE DJI INSPIRE 1 UA**  **S DOES NOT REQUIRE AN AIRWORTHINESS CERTIFICATE IN ACCORDANCE WITH 14 C.F.R. PART**  **21, SUBPART H. THEREFORE, ANDREW L. CHROSTOWSKI WILL ENSURE THAT THE DJI INSPIRE 1 UAS IS IN AIRWORTHY CONDITION BASED**  **UPON ITS COMPLIANCE WITH THE OPERATING DOCUMENTS (I.E. ,**  **MONTHLY MAINTENANCE LOG, AND DJI INSPIRE 1 INSTRUCTION MANUAL) PRIOR TO EVERY FLIGHT, AND FURTHER, DETERMINE THAT**  **THE AIRCRAFT IS IN CONDITION FOR SAFE FLIGHT, AS STATED IN THE CONDITIONS AND LIMITATIONS BELOW.** 

**3. EXTENT OF RELIEF ANDREW L. CHROSTOWSKI**  **SEEKS AND THE REASON ANDREW L. CHROSTOWSKI SEEKS 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 UTILIZES A BAROMETRIC PRESSURE SENSOR, G**  **PS EQUIPMENT, AND A RADIO COMMUNICATIONS TELEMETRY DATA LINK TO DOWNLINK ALTITUDE INFORMATION FROM THE UA TO THE**  **PIC AT THE GROUND CONTROL STATION (GCS). SINCE THE FAA REQUIRES THAT ANY ALTITUDE INFORMATION CONCERNING UAS**  **OPERATIONS BE REPORTED TO AIR TRA FFIC CONTROL (ATC) IN FEET** 13

**ABOVE GROUND LEVEL (AGL), ANDREW L. CHROSTOWSKI SEEKS THE REQUESTED RELIEF BECAUSE THE DJI INSPIRE 1 UAS’S ALTIMETER**  **MAY BE SET ON THE GROUND TO ZERO FEET AGL, RATHER THAN THE LOCAL BAROMETRIC PRESSURE OR FIELD ALTITUDE, BEFORE E**  **ACH FLIGHT.**  **CONSIDERING THE LIMITED ALTITUDE OF THE PROPOSED OPERATIONS, RELIEF FROM 14 CFR 91.121 IS SOUGHT TO THE EXTENT**  **NECESSARY TO COMPLY WITH THE APPLICABLE CONDITIONS AND LIMITATIONS STATED BELOW. AS MORE FULLY SET FORTH HEREIN,**  **AN EQUIVALENT LEVE L OF SAFETY WILL BE MAINTAINED SINCE THE**  **DJI INSPIRE 1 UAS IS EQUIPPED WITH A BAROMETRIC PRESSURE SENSOR AND GPS EQUIPMENT, WHICH AUTOMATICALLY ENSURES**  **THAT A GROUND LEVEL PRESSURE SETTING WILL BE ESTABLISHED PRIOR TO EACH FLIGHT, AND PROVIDES THE PIC WITH**  **ALTITUDE INFORMATION OF THE UA ON THE HEADS** 

**- UP DISPLAY OF THE GCS.** 

**4. EXTENT OF RELIEF ANDREW L. CHROSTOWSKI SEEKS AND THE**  **REASON ANDREW L. CHROSTOWSKI SEEKS RELIEF FROM SECTION 91.151(B).** 

**RELIEF FROM SECTION 91.151(B) ENTITLED FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS IS REQUESTED TO THE EXTENT**  **REQUIRED TO ALLOW FLIGHTS OF THE BATTERY POWERED DJI INSPIRE 1 UAS DURING DAYLIGHT HOURS IN VISUAL**  **METEOROLOGICAL CONDITIONS (VMC), UNDER VISUA L FLIGHT RULES**  **(VFR), FOR A TOTAL DURATION OF 15.5 MINUTES TO THE FIRST POINT OF INTENDED LANDING AND, ASSUMING NORMAL CRUISING SPEED, TO**  **FLY AFTER THAT FOR AT LEAST 4.5 MINUTES. ANDREW L. CHROSTOWSKI SEEKS THE REQUESTED RELIEF BECAUSE WITHOUT AN**  **EXEMPTIO N FROM SECTION 91.151(B), THE FLIGHT TIME DURATION OF**  **THE BATTERY POWERED DJI INSPIRE 1 UAS WILL SEVERELY CONSTRAIN THE PRACTICALITY OF ANY AERIAL VIDEO OR STILL**  **PHOTO FLIGHT OPERATIONS THAT ANDREW L. CHROSTOWSKI PROPOSES TO CONDUCT PURSUANT TO THIS PETITI**  **ON. SIGNIFICANTLY, AS SET FORTH BELOW, THE TECHNICAL**  **SPECIFICATIONS OF THE DJI INSPIRE 1 UAS, THE DJI INSPIRE 1 UAS’S OPERATING DOCUMENTS, AND PROPOSED OPERATING LIMITATIONS,**  **ENSURE THAT ANDREW L. CHROSTOWSKI WILL SAFELY OPERATE THE BATTERY POWERED DJI IN**  **SPIRE 1 UAS DURING DAYLIGHT HOURS IN VISUAL METEOROLOGICAL CONDITIONS (VMC), UNDER VISUAL**  **FLIGHT RULES (VFR), WITH ENOUGH BATTERY POWER TO FLY FOR A**14

**TOTAL DURATION OF 15.5 MINUTES TO THE FIRST POINT OF INTENDED LANDING AND, ASSUMING NORMAL CRUISING SPEED,**  **TO FLY AFTER THAT FOR AT LEAST 4.5 MINUTES.** 

**5. EXTENT OF RELIEF ANDREW L. CHROSTOWSKI SEEKS AND THE**  **REASON ANDREW L. CHROSTOWSKI SEEKS RELIEF FROM SECTIONS 91.405(A), 91.407(A)(1), 91.409(A)(1) & (A)(2), AND 91.4417(A)**  **& (B). SINCE SECTIONS 91.40**  **5(A), 91.407(A)(1), 91.409(A)(1) & (A)(2), AND 91.4417(A) & (B) ONLY APPLY TO AIRCRAFT WITH AN**  **AIRWORTHINESS CERTIFICATE, ANDREW L. CHROSTOWSKI REQUESTS RELIEF FROM THESE SECTIONS BECAUSE THE DJI INSPIRE 1 UAS DOES**  **NOT REQUIRE AIRWORTHINESS CERTIFICATES. AS SET FORTH MORE**  **FULLY BELOW, THE DJI INSPIRE 1 UAS MEETS THE CONDITIONS OF FMRA SECTION 333 FOR OPERATION WITHOUT AN AIRWORTHINESS**  **CERTIFICATE. ACCORDINGLY, ANDREW L. CHROSTOWSKI WILL USE TRAINED TECHNICIANS TO PERFORM MAINTENANCE, ALTERATIONS,**  **OR PREVE NTIVE MAINTENANCE ON THE UAS USING THE METHODS,**  **TECHNIQUES, AND PRACTICES PRESCRIBED IN THE UAS OPERATING DOCUMENTS (I.E., ANDREW L. CHROSTOWSKI AERIAL OPERATIONS**  **MANUAL, MONTHLY MAINTENANCE LOG, DJI INSPIRE 1 INSTRUCTION MANUAL, PRE** 

**- FLIGHT CHECKLIST). FU**  **RTHERMORE, ANDREW L. CHROSTOWSKI WILL DOCUMENT AND MAINTAIN ALL MAINTENANCE**  **RECORDS FOR THE DJI INSPIRE 1 UAS.**

**C. THE REASONS WHY GRANTING ANDREW L. CHROSTOWSKI’S 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 ANDREW L. CHROSTOWSKI TO SAFELY,**  **EFFICIENTLY, AND ECONOMICALLY PERFORM AERIAL VIDEO AND PHOTOGRAPHY OF CONSTRUCTION SITES, REAL ESTATE, AND**  **LANDSCAPE , BOATS, EVENTS, ECT. OVER CERTAIN AREAS OF THE**  **UNITED STATES.**

**ADDITIONALLY, USE OF THE DJI INSPIRE 1 UAS WILL DECREASE CONGESTION OF THE NAS, REDUCE POLLUTION, CRASHES AND**  **ACCIDENTS CAUSED BY PILOT ERROR AND PROVIDE SIGNIFICANT BENEFITS TO THE ECONOMY.**  **NOTABLY, THE BENEFITS OF ANDREW L.**15

**CHROSTOWSKI’S 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 IS BATTERY POWERED AND**  **SERVES AS A SAFE, EFFICIENT, AND ECONOMICAL ALTERNATIVE TO THE MANNED AIRCRAFT**  **TRADITIONALLY UTILIZED TO OBTAIN AERIAL IMAGERY. BY REDUCING THE AMOUNT OF MANNED AIRCRAFT**  **NEEDED TO PERFORM AERIAL ACQUISITIONS, AN EXEMPTI**  **ON ALLOWING THE USE OF A DJI INSPIRE 1 UAS WOULD REDUCE THE AMOUNT OF MANNED AIRCRAFT IN**  **THE NAS, REDUCE NOISE AND AIR POLLUTION, AS WELL AS INCREASE THE SAFETY OF LIFE AND PROPERTY IN THE AIR**  **AND ON THE GROUND. FURTHERMORE, BY REDUCING T**  **HE NUMBER OF MANNED AIRCRAFT OPERATING IN THE NAS, CONGESTION**  **AROUND AIRPORTS CAUSED BY ARRIVING AND DEPARTING AIRCRAFT WILL BE REDUCED. THE DJI INSPIRE 1 DOES**  **NOT REQUIRE AN AIRPORT TO TAKEOFF OR LAND. LIKEWISE, A REDUCTION OF MANNED AIRCRAFT**  **CONDUCTING AERIAL VIDEO AND PHOTOGRAPHY MISSIONS WOULD RESULT IN FEWER AIRCRAFT THAT**  **MUST BE HANDLED BY AIR TRAFFIC CONTROL DURING THE GROUND, TAKEOFF, DEPARTURE, ARRIVAL, AND**  **LANDING PHASES OF FLI GHT OPERATIONS.** 

**2. THE PUBLIC WILL BENEFIT FROM THE SAFETY AND**  **EFFICIENCY OF THE DJI INSPIRE 1 UAS.**

**CONDUCTING AERIAL ACQUISITIONS WITH THE DJI INSPIRE 1 UAS, INSTEAD OF MANNED AIRCRAFT, WILL**  **GREATLY BENEFIT THE PUBLIC BY DRASTICALLY REDUCING THE LEVELS OF AIR AND NOISE POLLUTION**  **GENERATED DURING TRADITIONAL AERIAL VIDEO AND STILL PHOTOGRAPHY FLIGHT OPERATIONS. BY USING**  **BATTERY POWER AND ELECTRIC MOTORS, THE DJI INSPIRE 1 UAS PRODUCES NO AIR POLLUTION, AND IS THE**  **M OST VIABLE ENVIRONMENTALLY CONSCIOUS** 16

**ALTERNATIVE TO THE CABIN CLASS, SIX CYLINDER INTERNAL COMBUSTION ENGINE AIRCRAFT THAT ARE**  **TYPICALLY UTILIZED FOR AERIAL VIDEO AND PHOTOGRAPHY, WHILE BURNING APPROXIMATELY 20** 

**- 30**  **GALLONS PER HOUR OF LE ADED AVIATION FUEL. THE**  **DJI INSPIRE 1 UAS, WHILE REDUCING THE CARBON FOOTPRINT OF AERIAL ACQUISITIONS, ALSO ELIMINATES**  **NOISE POLLUTION, AS THE UAS IS PROPELLED BY BATTERY POWERED ELECTRIC MOTORS, RATHER THAN**  **AN INTERNAL COMBUSTION ENGINE.**

**BY USING THE DJI INSPIRE 1 UAS TO PERFORM AERIAL ACQUISITIONS, THE SUBSTANTIAL RISK TO LIFE**  **AND PROPERTY IN THE AIR AND ON THE GROUND, WHICH IS USUALLY ASSOCIATED WITH TRADITIONAL MANNED**  **AIRCRAFT FLIGHT OP ERATIONS, WILL BE SUBSTANTIALLY**  **REDUCED OR COMPLETELY ELIMINATED. ASIDE FROM THE LACK OF FLIGHT CREW MEMBERS LOCATED**  **ONBOARD THE AIRCRAFT, THE DJI INSPIRE 1 (WEIGHING APPROXIMATELY 6 POUNDS 4 OUNCES AT ITS MAXIMUM**  **GROSS WEIGHT, WITH A LENGTH OF APPROXIMATELY 17**  **INCHES, WIDTH OF 17 INCHES, HEIGHT OF 11 INCHES, AND WITH NO FUEL ON BOARD), HAS LESS PHYSICAL**  **POTENTIAL FOR COLLATERAL DAMAGE TO LIFE AND PROPERTY ON THE GROUND, AND IN THE AIR, COMPARED**  **TO THE MANNED AIRCRAFT THAT TYPICALLY CONDUCT S**  **IMILAR OPERATIONS (WEIGHING APPROXIMATELY 6,000 POUNDS WITH A WINGSPAN OF APPROXIMATELY 42 FEET,**  **A LENGTH OF 34 FEET, AND FUEL CAPACITY OF 180 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 INSPIRE 1 UAS IS ALSO AN ECONOMICAL ALTERNATIVE TO USING**  **MANNED AIRCRAFT TO CONDUCT SIMILAR AERIAL OPERATIONS. AS SUCH, OPERATION OF THE DJI INSPIRE 1 UAS WILL ALLOW**  **UNITED STATES BASED COMPANI ES, LIKE ELITE A/V SOLUTIONS,**  **TO REMAIN COMPETITIVE AND CONTRIBUTE TO THE GROWTH OF THE U.S. ECONOMY. SPECIFICALLY, WITH THE RISING COST** 17

**OF AVIATION FUEL AND THE ENVIRONMENTAL PROTECTION AGENCY (“EPA”) REGULATORY ACTIONS PHASING OUT LEADED**  **AVIATION FUELS, U.S. OWNED AND OPERATED COMPANIES MUST**  **ADOPT NEW AND ALTERNATIVE TECHNOLOGY IN ORDER TO REMAIN COMPETITIVE. OPERATING THE BATTERY POWERED**  **DJI INSPIRE 1 UAS IS ONE SUCH TECHNOLOGY THAT NOT ONLY ALLOWS COMPANIES GREATER OPERATIONAL FLEXIBILITY**  **COMPARED TO MANNED AIRCRAFT, BUT PROVIDES SUCH**  **FLEXIBILITY WITHOUT THE HIGH OPERATIONAL COST OF A TRADITIONAL MANNED AIRCRAFT.** 

**BY OPERATING THE DJI INSPIRE 1 UAS, COMPANIES SUCH AS ELITE A/V SOLUTIONS, CAN REMAIN COMPETITIVE AND**  **PROFITABLE, AND THEREFORE, PROVIDE G REATER JOB**  **STABILITY TO EMPLOYEES AND CONTRACTORS, WHICH WILL ULTIMATELY CONTRIBUTE TO GROWTH OF THE U.S. ECONOMY.**  **IMPROVED FINANCIAL PERFORMANCE OF U.S. COMPANIES, THROUGH COMMERCIAL USE OF THE DJI INSPIRE 1 UAS,**  **PROVIDES A STABLE WORKFORCE THAT INCREASE S 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 MANNE D AERIAL ACQUISITION FLIGHT**  **OPERATIONS THAT HAVE BEEN CONDUCTED FOR DECADES, ANDREW L. CHROSTOWSKI’S PROPOSED OPERATION OF THE DJI**  **INSPIRE 1 UAS WILL NOT IMPLICATE ANY PRIVACY ISSUES. SPECIFICALLY, THE DJI INSPIRE 1 UAS WILL BE OPERATED ONLY**  **IN COMPLIA NCE WITH OPERATING DOCUMENTS (I.E., ANDREW L.**  **CHROSTOWSKI AERIAL OPERATIONS MANUAL, MONTHLY MAINTENANCE LOG, DJI INSPIRE 1 AND INSTRUCTION MANUAL,**  **PRE**

**- FLIGHT CHECKLIST) WHICH REQUIRES PROPERTY OWNER**  **INVOLVEMENT AS WELL AS LOCAL LAW ENFORCEMENT NOTIFICATION**  **, AND IN ACCORDANCE WITH THE FEDERAL AVIATION REGULATIONS, INCLUDING THE MINIMUM ALTITUDE**  **REQUIREMENTS OF 14 C.F.R. 91.119.**18

**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 ANDREW L. CHROSTOWSKI SEEKS EXEMPTION.** 

**1. REASONS WHY THE DJI INSPIRE 1 UAS MEETS THE CONDITIONS**  **OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (FMRA) SECTION 333.** 

**IN CONS IDERATION OF THE SIZE, WEIGHT, SPEED, AND LIMITED**  **OPERATING AREA ASSOCIATED WITH THE UNMANNED AIRCRAFT AND ITS OPERATION, ANDREW L. CHROSTOWSKI’S OPERATION OF THE DJI**  **INSPIRE 1 UAS MEETS THE CONDITIONS OF FMRA SECTION 333, AND WILL NOT REQUIRE AN AIRWORTHI**  **NESS 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 WILL CREATE A HAZARD TO USERS OF THE NAS OR**  **THE PUBLIC, OR OTHERWISE POSE A THREAT TO NATIONAL SECURITY. SPECIFICALLY, FMRA SECTION 333 STATES**  **THE FOLLOWING, IN PART:**

**(A) IN GENERAL** 

**-- NOTWITHSTANDING ANY OTHER**  **REQUIREMENT OF THIS SUBTITLE, AND NOT LATER THAN 180 DAYS AFTER THE DATE OF ENACTMENT OF T**  **HIS ACT, THE SECRETARY OF TRANSPORTATION SHALL DETERMINE**  **IF CERTAIN UNMANNED AIRCRAFT SYSTEMS MAY OPERATE SAFELY IN THE NATIONAL AIRSPACE SYSTEM**  **BEFORE COMPLETION OF THE PLAN AND RULEMAKING REQUIRED BY SECTION 332 OF THIS ACT OR THE GUIDANCE**  **REQUIRED BY SE CTION 334 OF THIS ACT.**  **(B) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS** 

**-- IN**  **MAKING THE DETERMINATION UNDER SUBSECTION (A), THE SECRETARY SHALL DETERMINE, AT A MINIMUM** 

**-- 1)**  **WHICH TYPES OF UNMANNED AIRCRAFT SYSTEMS, IF ANY, AS A RESULT OF THEIR SIZE, WEIGHT, SPEED,**  **O PERATIONAL CAPABILITY, PROXIMITY TO** 19

**AIRPORTS AND POPULATED AREAS, AND OPERATION WITHIN VISUAL LINE OF SIGHT DO NOT CREATE A**  **HAZARD TO USERS OF THE NATIONAL AIRSPACE SYSTEM OR THE PUBLIC OR POSE A THREAT TO**  **NATIONAL SECURITY; AND WHETHER A CERTIFICATE OF WA** **IVER, CERTIFICATE OF AUTHORIZATION, OR AIRWORTHINESS**  **CERTIFICATION UNDER SECTION 44704 OF TITLE 49, UNITED STATES CODE, IS REQUIRED FOR THE**  **OPERATION OF UNMANNED AIRCRAFT SYSTEMS IDENTIFIED UNDER PARAGRAPH (1).**  **(C) REQUIREMENTS FOR SAFE OPERATION**

**-- IF** **T HE**  **SECRETARY DETERMINES UNDER THIS SECTION THAT CERTAIN UNMANNED AIRCRAFT SYSTEMS MAY**  **OPERATE SAFELY IN THE NATIONAL AIRSPACE SYSTEM, THE SECRETARY SHALL ESTABLISH**  **REQUIREMENTS FOR THE SAFE OPERATION OF SUCH AIRCRAFT SYSTEMS IN THE NATIONAL AIRSPACE**  **SYSTEM.**

**IN SEEKING THIS EXEMPTION, ANDREW L. CHROSTOWSKI SUBMITS THAT THE DJI INSPIRE 1 UAS CAN**  **OPERATE SAFELY IN THE NAS PURSUANT TO FMRA SECTION 333, AS DEMONSTRATED BY: (A) THE**  **CHARACTERISTICS OF THE DJI INSPIRE 1 UAS; (B) THE**  **PILOT CERTIFICATION REQUIREMENT; AND (C) THE SPECIFIC OPERATING LIMITATIONS.** 

**A. THE SPECIFICATIONS OF THE DJI INSPIRE 1 UAS**  **DEMONSTRATES ITS SAFE CHARACTERISTICS. THE DJI INSPIRE 1 UAS DOES NOT CREATE A HAZARD**  **TO USERS OF T HE NAS OR THE PUBLIC, OR OTHERWISE**  **POSE A THREAT TO NATIONAL SECURITY CONSIDERING ITS SIZE, WEIGHT, SPEED, AND OPERATIONAL CAPABILITY.** 

**I. TECHNICAL SPECIFICATIONS OF THE DJI INSPIRE 1**  **UAS. THE TECHNICAL SPECIFICATIONS OF THE DJI**  **INSPIRE 1 UAS IS SE T FORTH BY THE DJI**  **INSPIRE 1 SPECIFICATIONS AND DATA SHEET, ATTACHED HERETO AS EXHIBIT A.** 20

**II. THE DJI INSPIRE 1 UAS’ AUTONOMOUS FLIGHT AND**  **NAVIGATION MODES ENABLE THE UAS TO REMAIN WITHIN A DEFINED OPERATIONAL AREA.**  **THE DJI INSPIRE 1 UAS MAY BE OPERATED IN**  **BOTH MANUAL AND FULLY AUTONOMOUS FLIGHT MODES. A COMPLETE DESCRIPTION**  **OF THE FLIGHT AND NAVIGATIONAL MODES OF THE DJI INSPIRE 1 UAS IS PROVIDED AT**  **PAGES 12, 44**

**- 51 OF THE DJI INSPIRE 1 USER**  **MANUAL, ATTACHED HERETO AS EXHIBIT B. III.**  **THE D JI INSPIRE 1 UAS IS DESIGNED FOR 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 UAS WILL REMAIN STATIONARY, IN**  **FLIGHT, FOR 3 SECONDS OR MORE. IF, AFTER 3 SECONDS, THE DJI INSPIRE 1 UAS DOES NOT**  **REACQUIRE CONTROL LINK DATA FROM THE GCS, THE UAS WILL ASSUME THAT THE**  **CONTROL LINK IS LOST AND THE UAS WILL RETURN TO THE HOME POSITION AND**  **SHUTDOWN. A COMPLETE DESCRIPTION OF THE FAILSAFE FUNCTIONS OF THE DJI INSP**  **IRE 1 UAS ARE SET FORTH AT PAGE 60 OF THE DJI**  **INSPIRE 1 USER MANUAL, ATTACHED HERETO AS EXHIBIT B.**  **IV. THE DJI INSPIRE 1 GCS AND ITS OPERATION.** 

**A COMPLETE DESCRIPTION OF THE OPERATION AND SPECIFICATIONS OF THE**  **DJI INSPIRE 1 GCS AND FLIGH T CONTROL**  **SOFTWARE IS PROVIDED AT PAGES 57 TO 62 OF THE DJI INSPIRE 1 USER MANUAL. DJI INSPIRE**  **1 USER MANUAL IS ATTACHED HERETO AS EXHIBIT B.** 

**B. FLIGHT OPERATIONS OF DJI INSPIRE 1 UAS IS LIMITED TO THE** 

**LINE OF SIGHT OF A CERTIFIED PILOT IN CO MMAND WITH A**  **SAFETY OBSERVER.**21

**ANDREW L. CHROSTOWSKI WILL ONLY UTILIZE CERTIFICATED PILOTS WHO POSSESS A CURRENT AND VALID**  **AIRMAN MEDICAL CERTIFICATE TO ACT AS A PILOT IN COMMAND (PIC) OF THE DJI INSPIRE 1 UAS. ADDITIONALLY, A**  **SAFETY OBSERVER WILL ASSIST ALL PILOTS DURING FLIGHT TIME.** 

**C. FLIGHTS OF DJI INSPIRE 1 UAS WILL BE CONDUCTED PURSUANT** 

**TO SPECIFIC OPERATING LIMITATIONS.**

**IN SEEKING THIS EXEMPTION, ANDREW L. CHROSTOWSKI PROPOSES TO COMMERCIALLY OPERATE THE DJI INSPIRE 1 UAS**  **FOR THE SPECIAL PURPOSE OF CONDUCTING AERIAL VIDEO AND PHOTOGRAPHY OVER CERTAIN AREAS OF THE 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 DOCUMENTS, ROTORCRAFT UAS’ WEIGHING**  **LESS THAN 55 POUNDS MAXIMUM GROSS WEIGHT: DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEM. 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 LIMITE D**  **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 UAS MUST BE OPERATED AT AN ALTITUDE OF NO MORE THAN 500 FEET ABOVE GROUND LEVEL (AGL), AS INDICATE**  **D BY THE PROCEDURES SPECIFIED IN THE OPERATING DOCUMENTS**  **UNLESS A SPECIAL REQUEST IS MADE AND APPROVED BY THE 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** 22

**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 PERM**  **ITTED.**

**7. ALL OPERATIONS MUST UTILIZE A SAFETY OBSERVER (SO). THE SO MAY BE USED TO SATISFY THE VLOS REQUIREMENT AS**  **LONG AS THE PIC ALWAYS MAINTAINS VLOS CAPABILITY. THE SO AND PIC MUST BE ABLE TO COMMUNICATE VERBALLY AT**  **ALL TIMES. ELECTRONIC MESSAGING OR TEXTING IS NOT**  **PERMITTED DURING FLIGHT OPERATIONS. THE PIC MUST BE DESIGNATED BEFORE THE FLIGHT AND CANNOT TRANSFER HIS**  **OR HER DESIGNATION FOR THE DURATION OF THE FLIGHT. THE PIC MUST ENSURE THAT THE SO CAN PERFORM THE FUNCTIONS**  **PRESCRIBED IN THE OPE RATING DOCUMENTS.** 

**8. THE SO MUST NOT PERFORM ANY OTHER DUTIES BEYOND ASSISTING THE PIC WITH SEEING AND AVOIDING OTHER AIR**  **TRAFFIC AND OTHER GROUND BASED OBSTACLES/OBSTRUCTIONS AND IS NOT PERMITTED TO**  **OPERATE THE CAMERA OR OTHER INSTRUMENTS.**

**9. THE OPER**

**ATING DOCUMENTS AND THE GRANT OF EXEMPTION MUST BE ACCESSIBLE DURING UAS OPERATIONS AND MADE**  **AVAILABLE TO THE ADMINISTRATOR UPON REQUEST. IF A DISCREPANCY EXISTS BETWEEN THE CONDITIONS AND**  **LIMITATIONS CONTAINED IN THE GRANT OF EXEMPTION AND THE PROCEDURES**  **OUTLINED IN THE OPERATING DOCUMENTS, THE CONDITIONS AND LIMITATIONS CONTAINED IN THE GRANT**  **OF EXEMPTION TAKE PRECEDENCE AND MUST BE FOLLOWED. OTHERWISE, THE OPERATOR MUST FOLLOW THE PROCEDURES**  **AS OUTLINED IN ITS OPERATING DOCUMENTS. THE OPERATOR MAY UPD**  **ATE OR REVISE ITS OPERATING DOCUMENTS. 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**  **PRESENT UPDATED AND REVISED DOCUMENTS IF IT PETITIONS F**  **OR EXTENSION OR AMENDMENT TO THE GRANT OF EXEMPTION. IF THE OPERATOR DETERMINES THAT ANY**  **UPDATE OR REVISION WOULD AFFECT THE BASIS UPON WHICH**23

**THE FAA GRANTED THE EXEMPTION, THEN THE OPERATOR MUST PETITION FOR AMENDMENT TO ITS GRANT OF**  **EXEMPTION. THE FAA’ S UAS INTEGRATION OFFICE (AFS** 

**- 80) MAY**  **BE CONTACTED IF QUESTIONS ARISE REGARDING UPDATES OR REVISIONS 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 CONDITION THAT AFFECTS THE SAFE OPERATION OF THE UAS, THE AIRCRAFT IS PROHIBITED FROM**  **OPERATING UNTIL THE NECESSARY MAIN TENANCE HAS BEEN**  **PERFORMED AND THE UAS IS FOUND TO BE IN A CONDITION FOR SAFE FLIGHT. THE GROUND CONTROL STATION MUST BE**  **INCLUDED IN THE PREFLIGHT INSPECTION. ALL MAINTENANCE AND ALTERATIONS MUST BE PROPERLY DOCUMENTED IN THE**  **AIRCRAFT RECORDS.**

**11. ANY U AS THAT HAS UNDERGONE MAINTENANCE OR**  **ALTERATIONS THAT AFFECT THE UAS OPERATION OR FLIGHT CHARACTERISTICS, E.G REPLACEMENT OF A FLIGHT CRITICAL**  **COMPONENT, MUST UNDERGO A FUNCTIONAL TEST FLIGHT. THE PIC WHO CONDUCTS THE FUNCTIONAL TEST FLIGHT MUST**  **MAKE AN E NTRY 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 MAINTENANCE, INSPECTIONS, AND RECORD KEEPING REQUIREMENTS, IN**  **ACCORDAN CE WITH THE OPERATING DOCUMENTS.**  **MAINTENANCE, INSPECTION, ALTERATIONS, AND STATUS OF REPLACEMENT/OVERHAUL COMPONENT PARTS MUST BE NOTED**  **IN THE AIRCRAFT RECORDS, INCLUDING TOTAL TIME IN SERVICE, DESCRIPTION OF WORK ACCOMPLISHED, AND THE** 24

**SIGNATURE OF THE AU THORIZED PERSON RETURNING THE UAS**  **TO SERVICE.**

**15. EACH UAS OPERATED UNDER THIS EXEMPTION MUST COMPLY WITH ALL MANUFACTURER'S SAFETY BULLETINS.** 

**16. THE AUTHORIZED PERSON MUST MAKE AN ENTRY IN THE AIRCRAFT RECORD OF THE CORRECTIVE ACTION TAKEN**  **AGAINST DISC REPANCIES DISCOVERED BETWEEN INSPECTIONS.** 

**17. THE PIC MUST POSSESS AT LEAST A PRIVATE PILOT CERTIFICATE AND AT LEAST A CURRENT THIRD** 

**- CLASS MEDICAL**  **CERTIFICATE.**

**18. THE OPERATOR MAY NOT PERMIT ANY PIC TO OPERATE UNLESS THE PIC MEETS THE OPERATOR’S QUALIFI**  **CATION CRITERIA AND DEMONSTRATES THE ABILITY 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 MAINTAINING APPROPRIATE DISTANCES FROM PERSONS, VESSELS, VEHI**  **CLES AND STRUCTURES. PIC QUALIFICATION FLIGHT HOURS MUST BE**  **LOGGED IN A MANNER CONSISTENT WITH 14 C.F.R. 61.51(B). FLIGHTS FOR THE PURPOSES OF TRAINING THE OPERATOR’S**  **PICS ARE PERMITTED UNDER THE TERMS OF THE EXEMPTION. HOWEVER, TRAINING OPERATIONS MAY**  **ONLY BE CONDUCTED DURING DEDICATED TRAINING SESSIONS. DURING TRAINING,**  **PROFICIENCY, AND EXPERIENCE**

**- BUILDING FLIGHTS, ALL**  **PERSONS NOT ESSENTIAL FOR FLIGHT OPERATIONS ARE CONSIDERED NONPARTICIPANTS, AND THE PIC MUST OPERATE**  **THE UAS WITH APPROPRIATE DISTANCE FROM**  **NONPARTICIPANTS IN ACCORDANCE WITH 14 C.F.R. 91.119.**

**19. UAS OPERATIONS MAY NOT BE CONDUCTED DURING THE NIGHT, AS DEFINED IN 14 C.F.R. 1.1. ALL OPERATIONS MUST BE**  **CONDUCTED UNDER VISUAL METEOROLOGICAL CONDITIONS (VMC). IF FLIGHT AT NIGHT IS REQUIR** **ED, A SPECIAL REQUEST WILL BE MADE AT THE FAA OFFICE CLOSEST TO PROPOSED**  **AREA OF OPERATIONS. FLIGHTS UNDER SPECIAL VISUAL FLIGHT RULES (SVFR) ARE NOT AUTHORIZED.** 25

**20. THE UAS MAY NOT OPERATE WITHIN 5 NAUTICAL MILES OF AN AIRPORT REFERENCE POINT AS DENOTE**  **D ON A CURRENT FAA** 

**- PUBLISHED AERONAUTICAL CHART UNLESS A LETTER OF**  **AGREEMENT WITH THAT AIRPORT’S MANAGEMENT IS OBTAINED, AND THE OPERATION IS CONDUCTED IN**  **ACCORDANCE WITH A NOTAM AS REQUIRED BY THE OPERATOR’S COA. THE LETTER OF AGREEMENT WITH THE**  **AIRPOR T MANAGEMENT MUST BE MADE AVAILABLE TO THE**  **ADMINISTRATOR UPON REQUEST.**

**21. THE UAS 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 UAS LOSES COMMUNICATIONS OR LOSES ITS GPS**  **SIGNAL, IT MUST RETURN TO A PREDETERMINED LOCATION WITHIN THE PLANNED OPERATING AREA AND LAND OR BE**  **RECOVERED IN ACCORDANCE WITH THE OPERATING DOCUMENTS.** 

**23. THE PIC MUST ABORT THE FLIGHT IN THE EVENT OF UNPREDICTED**  **OBSTACLES OR EMERGENCIES IN ACCORDANCE WITH THE OPERATING DOCUMENTS.** 

**24. THE PIC IS PROHIBITED FROM BEGINNING A FLIGHT UNLESS (CONSIDERING WIND AND FORECAST WEATHER CONDITIONS)**  **THERE IS ENOUGH POWER TO FLY AT NORMAL CRUISING SPEED TO THE INTENDED LANDING**  **POINT AND LAND THE UAS 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 (NOTA** **M) NOT MORE THAN 72 HOURS IN ADVANCE, BUT NOT LESS THAN 48 HOURS PRIOR TO THE OPERATION. ALL**  **OPERATIONS SHALL BE CONDUCTED IN ACCORDANCE WITH AIRSPACE REQUIREMENTS IN THE ATO ISSUED COA INCLUDING** 26

**CLASS OF AIRSPACE, ALTITUDE LEVEL, AND POTENTIAL TRANSPONDE**  **R REQUIREMENTS.**

**26. ALL AIRCRAFT OPERATED IN ACCORDANCE WITH THE EXEMPTION MUST BE IDENTIFIED BY SERIAL NUMBER,**  **REGISTERED IN ACCORDANCE WITH 14 C.F.R. PART 47, AND HAVE IDENTIFICATION (N** 

**- NUMBER) MARKINGS IN ACCORDANCE WITH**  **14 C.F.R. PART 45, SUBPART C. M ARKINGS MUST BE AS LARGE AS**  **PRACTICABLE.**

**27. BEFORE CONDUCTING OPERATIONS, THE RADIO FREQUENCY SPECTRUM USED FOR OPERATION AND CONTROL OF THE UA**  **MUST COMPLY WITH THE FEDERAL COMMUNICATIONS COMMISSION (FCC) OR OTHER APPROPRIATE GOVERNMENT**  **OVERSIGHT AGENCY REQUIREMENTS.** 

**28. THE DOCUMENTS REQUIRED FEWER THAN 14 C.F.R. 91.9 AND 91.203 MUST BE AVAILABLE TO THE PIC AT THE GROUND**  **CONTROL STATION OF THE UAS ANY TIME THE UAS IS OPERATING. THESE DOCUMENTS MUST BE MADE AVAILABLE TO**  **THE ADMINISTRATOR OR ANY LAW ENFO RCEMENT OFFICIAL**  **UPON REQUEST.**

**29. THE UA MUST REMAIN CLEAR AND YIELD THE RIGHT OF WAY TO ALL MANNED AVIATION OPERATIONS AND ACTIVITIES AT**  **ALL TIMES.**

**30. THE UAS MAY NOT BE OPERATED BY THE PIC FROM ANY MOVING DEVICE OR VEHICLE.** 

**31. FLIGHT OPERATIONS M UST BE CONDUCTED AT LEAST 500**  **FEET FROM ALL NONPARTICIPATING PERSONS (PERSONS OTHER THAN THE PIC, SO, OPERATOR TRAINEES OR ESSENTIAL**  **PERSONS), VESSELS, VEHICLES, AND STRUCTURES UNLESS:**

**A. BARRIERS OR STRUCTURES ARE PRESENT THAT**  **SUFFICIENTLY PROTECT NONPARTI CIPATING PERSONS**  **FROM THE UA AND/OR DEBRIS IN THE EVENT OF AN ACCIDENT. THE OPERATOR MUST ENSURE THAT**  **NONPARTICIPATING PERSONS REMAIN UNDER SUCH PROTECTION. IF A SITUATION ARISES WHERE** 27

**NONPARTICIPATING PERSONS LEAVE SUCH PROTECTION AND ARE WITHIN 500 FEE**  **T 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 OPERATING CLOSER TO THOSE OBJECTS AND DETERMINED THAT IT DOES NOT**  **PRESENT AN UNDUE HAZARD, AND; C.**  **OPERATIONS NEARER TO THE PIC, SO, OPERATOR TRAINEES OR ESSENTIAL PERSONS DO NOT PRESENT AN**  **UNDUE HAZARD TO THOSE PERSONS PER 91.119(A).**

**32.A LL OPERATIONS SHALL BE CONDUCTED OVER PRIVATE OR**  **CONTROLLED**

**- ACCESS PROPERTY WITH PERMISSION FROM THE**  **LANDOWNER/CONTROLLER OR AUTHORIZED REPRESENTATIVE. PERMISSION FROM LAND OWNER/CONTROLLER OR**  **AUTHORIZED REPRESENTATIVE 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. ACC**  **IDENTS MUST BE REPORTED TO THE NATIONAL TRANSPORTATION SAFETY BOARD (NTSB) PER**  **INSTRUCTIONS CONTAINED ON THE NTSB WEB SITE: WWW.NTSB.GOV.** 

**2. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF**  **SECTION 61.113(A) AND (B) WOULD NOT ADVERSELY AFFECT SAFETY.**

**ANDREW L. CHROSTOWSKI SUBMITS 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 A** **ND CURRENCY REQUIREMENTS, THAT THE PIC IS ABLE TO SAFELY OPERATE THE DJI INSPIRE 1 UAS IN**  **A MANNER CONSISTENT WITH THE EXEMPTION, INCLUDING EVASIVE**28

**AND EMERGENCY MANEUVERS AND MAINTAINING APPROPRIATE DISTANCES FROM PEOPLE, VESSELS, VEHICLES AND STRUCTURES.** 

**CONSIDERING ANDREW L. CHROSTOWSKI’S PROPOSED AREA OF OPERATIONS, AND THE OPERATING LIMITATIONS SET FORTH** 

**- ABOVE;**  **THE PARALLEL NATURE OF PRIVATE PILOT AERONAUTICAL KNOWLEDGE REQUIREMENTS TO THOSE OF COMMERCIAL PILOT**  **REQUIREMENTS (SEE EXEMPTION NO. 11062); AND THE AIRMANSHIP**  **SKILLS NECESSARY TO SAFELY OPERATE THE DJI INSPIRE 1 UAS, ANDREW L. CHROSTOWSKI SUBMITS THAT THE ADDITIONAL MANNED**  **AIRMANSHIP EXPERIENCE OF A COMMERCIALLY CERTIFICATED PILOT WOULD NOT CORRELATE TO THE AIRMANSHIP SKILLS**  **NECESSARY FOR ANDR EW L. CHROSTOWSKI’S SPECIFIC PROPOSED**  **FLIGHT OPERATIONS.**

**THE FAA HAS PREVIOUSLY GRANTED RELIEF FROM SECTION 61.113 (A) AND (B) SPECIFIC TO UAS, IN CIRCUMSTANCES SIMILAR, IN**  **ALL MATERIAL RESPECTS, TO THOSE PRESENTED HEREIN (E.G. EXEMPTION NOS. 11062, 11063**  **, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). ANDREW**  **L. CHROSTOWSKI WILL NOT ALLOW ANY PIC TO OPERATE THE DJI INSPIRE 1 UAS UNLESS THAT PIC HAS DEMONSTRATED, BY MEETING**  **MINIMUM FL IGHT** 

**- HOUR REQUIREMENTS AND 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 EXEMPTION, INCLUDING EVASIVE AND EMERGENCY MANEUVERS AND MAINTAINING APPROPRI**  **ATE DISTANCES 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 HOUR**  **S 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 REQUIREMENTS, THE PIC MUST ACCOMPLISH 3 TAKEOFFS AND LANDINGS IN THE PRECEDING 90 DAYS (FOR**  **CURRENCY PURPOSES).**

**AS IN EXEMPT ION 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 ANDREW L. CHROSTOWSKI’S**29

**PROPOSED OPERATIONS. THE ADMINISTRATOR HAS HELD THAT PRIOR DOCUMENTED FLIGHT EXPERIENCE THAT WAS OBTAINED IN**  **COMPLIANCE WITH APPLICABLE REGULATIONS WOULD ENSURE SAFE OPERATIONS, STATING AS FOLLOWS:** 

**IN EXEMPTION NO 11**

**- 62, 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 C.F.R. 61.51(B), 25 HOURS OF TOTAL TIME AS A UAS ROTORCRAFT PILOT**  **INCLUDING AT LEAST 10 HOURS LOGGED AS A UAS PILOT WITH A MULTI** 

**- ROTOR UAS. PRIOR TO**  **OP ERATIONS 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 EXEMPTION. FOR CLARIFICATION, THE FAA CONSIDERS THESE**  **MINI MUM 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 UAD ROTORCRAFT TIME. IN ADDITION TO THE HOUR REQUIRE**  **MENTS, THE PIC MUST ACCOMPLISH 3 TAKEOFFS AND LANDINGS IN THE PRECEDING 90 DAYS (FOR**  **CURRENCY PURPOSES). THE FAA FINDS THAT AT A MINIMUM, THE FLIGHT HOUR REQUIREMENTS IN EXEMPTION NO 11062 ARE**  **APPROPRIATE TO PRACTICE AND BUILD PROFICIENCY IN THE SKILLS NE**  **CESSARY TO SAFELY CONDUCT THE PETITIONER’S PROPOSED OPERATIONS. THE FAA ALSO FINDS THAT PRIOR DOCUMENTED**  **FLIGHT EXPERIENCE THAT WAS OBTAINED IN COMPLIANCE WITH APPLICABLE REGULATIONS WOULD SATISFY THIS REQUIREMENT.**  **TRAINING, PROFICIENCY, AND EXPERIENCE**

**- B**  **UILDING FLIGHTS CAN ALSO BE CONDUCTED UNDER THE GRANT OF EXEMPTION TO**  **ACCOMPLISH THE REQUIRED FLIGHT TIME. DURING TRAINING, PROFICIENCY, AND EXPERIENCE** 

**- 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, ANDREW L. CHROSTOWSKI WILL ENSURE SAFE OPERATIONS BY NOT ALLOWING ANY PIC TO OPERATE THE DJI**  **INSPIRE 1 UAS UNLESS THAT PIC HAS DEMONSTRATED. BY MEETING MINIMUM FLIGHT** 

**- HOUR AND CURRENCY REQUIREME**  **NTS, THAT THE PIC IS ABLE TO SAFELY OPERATE THE DJI INSPIRE 1 UAS IN A MANNER** 30

**CONSISTENT WITH THE EXEMPTION, INCLUDING EVASIVE AND EMERGENCY MANEUVERS AND MAINTAINING APPROPRIATE**  **DISTANCES FROM PEOPLE, VESSELS, VEHICLES, AND STRUCTURES.**

**CONCLUSION**

**ANDRE W L. CHROSTOWSKI SEEKS AN EXEMPTION PURSUANT TO**  **14 C.F.R. 11.61 AND SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (FMRA), WHICH WILL PERMIT SAFE OPERATION**  **OF THE DJI INSPIRE 1 UAS COMMERCIALLY, WITHOUT AN AIRWORTHINESS CERTIFICATE, FOR THE LI**  **MITED PURPOSE OF CONDUCTING AERIAL VIDEO AND PHOTOGRAPHY OVER CERTAIN**  **AREAS OF THE UNITED STATES. BY GRANTING THIS PETITION, THE FAA ADMINISTRATOR WILL BE FULFILLING THE CONGRESSIONAL**  **MANDATE OF THE FAA MODERNIZATION AND REFORM ACT OF 2012, WHILE ALSO ADV** **ANCING THE INTERESTS OF THE PUBLIC, BY ALLOWING ANDREW L. CHROSTOWSKI TO SAFELY, EFFICIENTLY, AND**  **ECONOMICALLY OPERATE THE DJI INSPIRE 1 UAS COMMERCIALLY WITHIN THE NAS. THEREFORE, IN ACCORDANCE WITH THE FEDERAL**  **AVIATION REGULATIONS AND THE FAA MODERNIZAT ION AND**  **REFORM ACT OF 2012, SECTION 333, ANDREW L. CHROSTOWSKI RESPECTFULLY REQUESTS THAT THE ADMINISTRATOR GRANT THIS**  **PETITION FOR AN EXEMPTION FROM THE REQUIREMENTS OF 14 C.F.R. SECTIONS 61.113 (A) AND (B), 91.7 (A), 91.121, 91.151 (B), 91.405 (A), 91.40**  **7 (A)(1), 91.409(A)(1) & (A)(2), AND 91.417(A) & (B), AND PERMIT ELITE A/V**  **SOLUTIONS 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: 12/21/2015**

**SUBMI TTED BY**  **ANDREW L. CHROSTOWSKI**31

**APPENDIX**

**- A**  **DJI INSPIRE 1 TECHNICAL SPECIFICATIONS**

**ANDREW L. CHROSTOWSKI ONLY UTILIZES SAFE AND RELIABLE UAS’S. DJI IS AN INDUSTRY LEADER IN SMALL UAS PRODUCTION. DJI UAS’S ARE**  **LOADED WITH GROUND BREAKING SOFTWARE ENABLING THE USER TO SET PARAMETERS WHICH WILL NOT ALLOW FLIGHT INTO CONTROLLED**  **AIRSPACE. PARAMETERS CAN ALSO BE SET TO LIMIT FLIGHT TO NO HIGHER**  **THAN A PREDETERMINED AND SET ALTITUDE AS WELL AS LIMIT FLIGHT TO A PREDETERMINED AND SET DISTANCE. IN ADDITION, DJI SOFTWARE**  **PROVIDES REAL**

**- TIME ALTITUDE AND LOCATION INFORMATION TO THE PIC**  **VIA THE LI NKED MONITOR (SMART PHONE/TABLET DEVICES).** 

**1.1 DJI INSPIRE 1 1.2**  **1.1.1 AIRCRAFT 1.1.1.1 SUPPORTED BATTERY** 

**- DJI 4500MAH LIPO BATTERY**  **1.1.1.2 WEIGHT (BATTERY & PROPELLERS INCLUDED)**

**- 6.5LBS**  **103.529OZ (83,205G) 1.1.1.3 HOVER ACCURACY (READY TO FLY)** 

**- VERTICAL: 0.5M;**  **HORIZONTAL: 2.5M 1.1.1.5 MAX TILT ANGLE** 

**- 35 DEGREES**  **1.1.1.6 MAX ASCENT SPEED**

**- 5 M/S**  **1.1.1.7 MAX DECENT SPEED**

**- 4 M/S**  **1.1.1.8 MAX FLIGHT SPEED**

**- 22 M/S (ATTI MODE, NO WIND, NOT**  **RECOMMENDED) 1.1.2 GI**  **MBAL 1.1.2.1 WORKING CURRENT** 

**- STATIC: 750MA; DYNAMIC: 900MA**  **1.1.2.2 CONTROL ACCURACY**

**- +/** 

**- .03 DEGREES**  **1.1.2.3 CONTROLLABLE RANGE**

**- PITCH:** 

**- 90 DEGREES TO 30** 32

**DEGREES PAN: +/**

**- 320 DEGREES**  **1.1.2.4 MAXIMUM ANGULAR SPEED**

**- PITCH: 120 DEGREES/S**  **PAN: 180 DEGREES/S**  **1.1.3 CAMERA 1.1.3.1 OPERATING TEMPERATURE RANGE** 

**- 0 TO 40 DEGREES C**  **1.1.3.2 SENSOR SIZE**

**- 1 / 2.3”**  **1.1.3.3 EFFECTIVE PIXELS**

**- 12.4M**  **1.1.3.4 RESOLUTION**

**- 4000X3000**  **4.1.3.5 HD VIDEO RECORDING**

**- UHD (4K): 4096X2160P24/25,**  **3840X2160P24/25/ 30**  **FHD: 1920X1080P24/25/30/48/50/60 HD: 1280X720P24/25/30/48/50/60**  **4.1.3.6 RECORDING FIELD OF VIEW**

**- 94 DEGREES** 

**APPENDIX**

**- B**  **DJI INSPIRE 1 USER MANUAL**

**HTTP://WWW.DJI.COM/PRODUCT/INSPIRE**

**- 1/INFO#DOWNLOADS** 33