J une 23, 2015

Exemption No : 11880 Regulatory Docket No. FAA

– 2015

– 1222

Mr. Michael E. Kolowich Owner, President, and Founding Producer DigiNovations, Incorporated One Acton Place Acton, MA 01720

Dear Mr. Kolowich :
This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.
By letter dated April 17, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of DigiNovations, Incorporated ( hereinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial video and photography of construction sites, real estate, special events, film sets, and landscape s

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to th e petitioner

.
Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+ and DJI Inspire 1

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA fi nds that relief from 14 CFR part 21
, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that th e UAS operation enabled by this exemption is in the public interest.
Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you pre sent; and

 A grant of exemption is in the public interest.

Our Decision
In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, DigiNovations, Incorporated is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.11 9(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data

. This exemption is subject to the conditions and limitations listed b elow.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, DigiNovations, Incorporated is hereafter referred to as the operator.
Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision+ and DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will r equire a new petition or a petition to amend this exemption

.
2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA 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 or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;
e lectronic 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 VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible dur ing UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and4

limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take pr ecedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determine s that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regar ding updates or revisions to the operating documents.

8. Any UAS 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 pr ior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not po se an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UA S is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.
, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requi rements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also m eet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be l ogged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all p ersons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 1 4 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denote d in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtai ned or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre

- determined location within the pr ivate or controlle d

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to c onduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be c ond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exempti on must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight o perations must be conducted at least 500 feet from all nonparticipating 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 ac cident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manne r ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to thos e objects and determined that it does not present an undue hazard.
The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access p roperty with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. 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 FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety B oard (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities

mus t include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the U AS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming prod uction event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming producti on, as specified in the exemption holder’s MPTOM.
Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.T his exemption terminates on June 30, 2017 , unless sooner superseded or rescinded.8

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

EnclosuresUNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

DigiNovations, Incorporated

FOR AN EXEMPTION S EEKING 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 OF DJI PHANTOM 2 VI SION+ AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on April 17, 2015

Michael E. Kolowich Dig iNovations, Incorporated One Acton Place Acton, Massachusetts 01720 Email: michael@diginovations.com2 TABLE OF CONTENTS
Page

GLOSSARY OF ABBREVIATIONS.................... ...............................................................3

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

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

BACKGROUND...................................................................................................................

. 5

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

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

NAME AND ADDRESS OF PETITIONER............................................................. 9

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

.................................... .............................. 9

THE EXTENT OF RELIEF DIGINOVATIONS SEEKS AND THE REASON DIGINOVATIONS SEEKS THE RELIEF.........................

............................... 1 3

THE REAS ONS WHY GRANTING DIGINOVATIONS ’S REQUEST WOULD BE IN THE PUBLIC INTEREST .........................................................

................ 1 6

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

....................................................... 20

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......3 1

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT DIGINOVATIONS ’ REQUEST.........

................ 3 2

CONCLUSION................................................................................................................... .3 3

APPENDICES........................................................................................3 53 GLOSSARY OF ABBREVIATIONS

AGL Above Gr ound 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) S ection 333
SO Safety Observer
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unm anned Aircraft System
VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeoff and Landing4 SUMMARY
Michael E. Kolowich and his wholly

- owned video production company, DigiNovations
Incorporated (hereafter “DigiNovations”), seek exemp tion 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 DigiNovations to operate an Unmanned Aircraft System (UAS) for the commercial
purpose of conducting aerial video and photography of construction sites, real estate,
special events, film sets, a nd landscape over certain areas of the United States until such
time as new regulations governing Light UAS are in effect and there has been sufficient
time to obtain the necessary certifications

.
INTRODUCTION AND INTERESTS OF THE PETITIONER
DigiNovations provides its clients with both finished documentary and promotional

films and high

- quality digital video content for use in their commercial, personal, and non

profit multimedia projects. DigiNovations has established itself as a technological

innovator in multimedia and is recognized as a leader in providing a quality product. Its
clients include some of New England’s most prestigious institutions and companies,
including: Harvard Unversity, M assachusetts Institute of Technology, Boston College,
Tufts University, Museum of Science/Boston, Appalachian Mountain Club, TDBank,
Fidelity Investments, Boston Red Sox, and Merck. This work sometimes requires aerial
videography or photography, which has heretofore been conducted in helicopters and

fixed

- wing aircraft. Michael Kolowich, the sole owner of DigiNovations , has been a
certificated airman for 42 years (Certificate #2200700) and has held a commercial pilot5 certificate (airplane/singl e

- engine/land) for 38 years
, has held an instrument rating for more
than 40 years, became a Certified Flight Instructor in 1978 , and currently holds a Ground

Instructor certificate issued in 1978. In addition, Michael Kolowich has over two years

recreati onal/hobby experience in all aspects of aerial video and photography , and has
traveled to Montana to attend special training classes for safe and effective UAV operation

.
S ome of this recreational/hobby flight experience has been conducted safely und er a

s tanding authorization from the FAA Tower Chief to operate in certain areas of the L.G.

Hanscom Field (Bedford, Massa c husetts) Class D airspace

. The objective of DigiNovations aerial video and photography operations is to
provide high qu ality imaging for a variety of commercial, public, and residential uses,
specifically targeting:

• Documentary and promotional f ilm production

• Aerial event filming

• Aerial location scouting and saf ety inspection

• Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision + UAS and DJI Inspire 1 UAS
DigiNovations seeks an exemption to operate two mo dels of UAS for
compensation or hire within the NAS. Both t he DJI Phantom 2 Vision+ and the DJI
Inspire 1 (collectively, the “Aircraft”) are vertical takeoff and landing (VTOL) Unmanned
Aircraft (UA) with Ground Control Station s (GCS) ut ilizing electronic tablet or smart
phone systems.

• The DJI Phantom 2 Vision+ has a maximum gross weight of
approximately 2 pounds 11 ounces, while having a length of 16 inches6 width of 16 inches, height of 11.9 inches, and a maximum true air speed of

appr oximately 29 knots.

• The DJI Inspire 1 has a maximum gross weight of approximately 5 pounds
4 ounces, while having a length of 17.2 inches, width of 17.8 inches, and a
maximum true speed of 42 knots.

• Both Aircraft are equippe d with four main rotors; driven by Lithium
Polymer battery powered electric motors.

The Aircraft that will be operated by DigiNovations will be registered in

accordance with 49 U.S.C. 44103, Registration of Aircra ft , 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, DigiNovations Incorporated , 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 Phantom 2 Vi sion UAS and
the DJI Inspire 1 UAS in the National Airspace System (NAS), and for an 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).

In consid eration of the speed, weight, size, and limited operating area associated
with the unmanned aircraft and its operation, DigiNovations ’ operation of7 Phantom 2 Vision+ UAS and 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, DigiNovations 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.
DigiNovations submits that the requested relief is proper since an equivalent level
of safety will be ensured. DigiNovations will use experienced personnel or technicians to
perform maintenance, alterations, or preventive maintenance on the Aircraft using the
methods, techniques, and practices prescribed in the operating documents (i.e., DJI

Phant om 2 Vision+ User Manual, DJI Inspire 1 User Manual, Phantom 2 Vision+ Pilot
Training Guide, DJI Inspire 1 User Manual , DJI Inspire 1 Maintenance Manual, and DJI
Inspire 1 Safety Guidelin es ). Furthermore, DigiNovations will document and maintain all

maintenance records for the Aircraft

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot
privileges and limitation s: Pilot in command , is requested by DigiNovations to the extent
necessary to allow a Pilot in Command (PIC) who is a holder of a private pilot certificate

and who has demonstrated, by meeting minimum flight

- hour and currency requirements,
that the PIC is able to safely operate the DJI Phantom 2 Vision+ UAS or DJI Inspire 1

UAS in a manner consistent with this exemption, including evasive and emergency
maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures and adherence to requirements of operating in the National Airspace system.
DigiNovations seeks relief from Section 91.7(a), ent itled Civil aircraft

airworthiness , because the DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS do not8 require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As

such, DigiNovat ions submits that it will ens ure that the Aircraft are in an airworthy
condition, prior to every flight, by determining that the Aircraft are in compliance with the
operating documents (i.e., User Manuals, Maintenance Manuals, and Safety Guidelines
issued by DJI ), and that the A ircraft are in a condition for safe flight.
DigiNovations also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings , as the Aircraft will not have a typical barometric

altimeter onboard. However, altitude information of the Aircraft 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 DigiNovations ’s operation of the Aircraft

within vis ual line of sight, at or below 500 feet AGL, will ensure a level of safety
equivalent to Section 91.121.
Additionally, DigiNovations seeks an exemption from the requirements of Section
91.151(b), entitled Fuel requirements for flight in VFR conditions

. DigiNovations submits
that safety will not be affected by operation of the Aircraft during daylight hours in visual
meteorological conditions (VMC) under visual flight rules (VFR), with enough batt ery
power to fly for a total duration of approximately 13.5 minutes to the first point of intended
landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.9 In accordance with 14 C.F.R. § 11.81, DigiNovations provides the following
information in support of its petition for exemption:

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

Michael E. Kolowich DigiNovations Incor porated One Acton Place Acton, Massachusetts 01720 (978) 254

- 1221 Email: michael@diginovations.com
B. The Specific Sections Of 14 C.F.R. From Which DigiN ovations Seeks Exemption.

1. DigiNovations Seeks Exemption From The Requirements Of Section 61.113(a) And (b).
Section 61.113, entitled Private pilot privileges and limitations: Pilot in command
, subsections (a) and (b) prescribe the f ollowing, in relevant part:
(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC o f 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 passenger s or property for compensation or hire.

2. DigiNovations Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the
following:
(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. DigiNovations Exemption From The Requirements Of Section 91.121.10 Section 91.121, entitled Altimeter settings, subsection (a), states the following, in

part:
(a) Each person op erating 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 set,
when operating

--

(1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a stat ion along the route and within 100 nautical miles of the aircraft;
(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or
(iii) 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. DigiNovations Exemption From The Requirements Of Section 91.151(b).

Section 91.151 , entitled Fuel requirements for flight in VFR conditions , subsection
(b), states the following:
(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly t o the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. DigiNovations Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required
, subsection (a), states the following:
Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have di screpancies repaired as prescribed in part 43 of this chapter[.]11 6. DigiNovations From The Requirements Of Section 91.407(a)(1) Section

91.407, entitled Operation after maintenance, preventive maintenance,
rebuilding, or alteration , sub section (a)(1), states the following:
(a) No person may operate any aircraft that has undergone maintenance,
preventive maintenance, rebuilding, or alteration unless

--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. DigiNovations 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 t his section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or
(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. DigiNovations Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, e ntitled 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 engin e, 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; and12 (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, f or 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 c hapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the periods prescribed:
(1) The records specified in paragraph (a)(1) o f this section shall be retained until the work is repeated or superseded by other 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 tim e 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.13 C. The Extent Of Relief DigiNovations Seeks And The Reason DigiNovations Seeks The Relief.

1. Extent Of Relief DigiNovations Seeks And The Reason DigiNovations Seeks Relief From Section 61.113(a) And (b).

Re lief 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 either holding a
private pilot or higher level certificate, as well as a current and valid airman m edical
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 aircraft does not carry passengers or property for

compen sation or hire.
As set forth more fully below, DigiNovations submits that an equivalent level of
safety will be maintained because no PIC will be allowed to operate the Aircraft unless that

PIC possesses at le ast a private pilot certificate and has met certain flight

- hour and
currency requirements, demonstrating that the PIC is able to safely operate the Aircraft 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, vessels, vehicles and structures.

Further, DigiNovations submits that all flights of the Aircraft , conducted by the
PIC pursuant to the grant of this Petition: (1) will be incidental to DigiNovations business;
and (2) will not carry passengers or property for compensation or hire.14 2. Extent Of Relief DigiNovations Seeks And The DigiNovations Seeks Relief From Section 91.7(a).
Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow DigiNovations to deter mine that the Aircraft are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, DJ I Phantom 2 Vision+ Instruction Manual
, DJI Inspire 1 User Manual, DJI Inspire 1 Maintenance Manual, and DJI Inspire 1 Safety Guidelines ).
DigiNovations seeks the requested relief because the Aircraft do not req uire an
airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,
DigiNovations will ensure that the Aircraft are in airworthy condition based upon its
compliance with the operating do cuments (i.e., Monthly Maintenance Log, DJI Phantom 2

Vision+ Instruction Manual , DJI Inspire 1 User Manual, DJI Inspire 1 Maintenance
Manual, and DJI Inspire 1 Safety Guidelines ) prior to every flight, and further, determine

that the aircraft are in c ondition for safe flight, as stated in the conditions and limitations

below.

3. Extent Of Relief DigiNovations Seeks And The Reason DigiNovations Seeks Relief From Section 91.121.
Relief from Section 91.121, entitled Altimeter settings, may be required to allow
flight operations of the Aircraft , which utilize a barometric pressure sensor, GPS
equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS). Since the FAA
requires that any altitude information concerning UAS operations be reported to air traffic
control (ATC) in feet above ground level (AGL), DigiNovations seeks the requested r elief

because the Aircraft’s altimeter may be set on the ground to zero feet AGL, rather than the
local barometric pressure or field altitude, before each flight.15 Considering the limited altitude of the proposed operations, relief from 14 CFR
91.121 is sought to the extent necessary to comply with the applicable conditions and
limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the Aircraft are e quipped 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 DigiNovations Seeks And The DigiNovations 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 requi red to allow flights of the battery powered

Aircraft during daylight hours in visual meteorological conditions (VMC), under visual
flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
DigiNovations seeks the requested relief because without an exemption
from Section 91.151(b), the flight time duration of the battery powered Aircraft
will severely constrain the practicality of any aerial video or still photo flight operations

that DigiNovations proposes to conduct pursuant to this Petition.
Significantly, as set forth below, the technical specifications o f the Aircraft
,
the operating documents of the Aircraft , and DigiNovations ’s proposed operating

limitations, ensure that DigiNovations will safely operate the battery po wered Aircraft
during daylight hours in visual meteorological conditions (VMC), under visual flight rules
(VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first
point of intended landing and, as suming normal cruising speed, to fly after that for at least

4.5 minutes.16 5. Extent Of Relief DigiNovations Seeks And The Reason DigiNovations Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).
Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)
only apply to aircraft with an airworthiness certificate, DigiNovations requests relief from

these Sections because the DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS do not
require airworthiness certificates. As set forth more fully below, the DJI Phantom 2
Vision+ UAS meets the conditions of FMRA Section 333 for operation without an
airworthiness certificate. Accordingly, DigiNovations will use trained technicians to
perform maintenance, alterations, or preventive maintenance on the UASs using the
methods, techniques, and practices prescribed in the UAS operating documents (i.e., DJI
Phantom 2 Vision+ User Manual, DJI Inspire 1 User Manual, Phantom 2 Vision+ Pilot
Training Guide, DJI Inspire 1 User Manual, DJI Inspire 1 Maintenance Manual, and DJI
Inspire 1 Safety Guidelines ). Furthermore, DigiNovations will document and maintain all

maintenance records for the Aircraft

. D. The Reasons Why Granting DigiNovations Request Would Be In The Public I nterest; That Is, How It Would Benefit The Public As A Whole.
Granting the present Petition will further the public interest by allowing
DigiNovations to safely, efficiently, and economically perform aerial video and
photography of client sites, events, and landscape over certain areas of the United States.
Additionally, use of the Aircraft will decrease congestion of the NAS, reduce
pollution, and provide significant benefits to the eco nomy. Notably, the benefits of
DigiNovations ’s proposed operation of the Aircraft will be realized without implicating
any privacy issues.17 1. The Public Will Benefit From Decreased Congestion Of The NAS.

The Aircraft 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 aerial acquisit ions, an
exemption allowing the use of petitioner’s UAS’s 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. D igiNovations has in the past used manned
helicopters and fixed

- wing aircraft to accomplish some of the same videography
assignments.
Furthermore, by reducing the number of manned aircraft operating in the NAS,
congestion around airports caused by arriving and departing aircraft will be reduced. The

Aircraft do not require an airport to takeoff or land. Likewise, a reduction of manned
aircraft conducting aerial video and photography missions would result in fewer aircraft

that must be handled by air traffic control during the ground, takeoff, departure, arrival,
and landing phases of flight operations.
2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ UAS.
Conducting aerial acquisitions with the UA S Aircraft , 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

batte ry power and electric motors, the petitioner’s UAS ’ will produce no air pollution, and
is the most viable environmentally conscious alternative to the cabin class, six cylinder
internal combustion engine aircraft that are typically uti lized for aerial video and
photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel.
The petitioners’ UAS’s , while reducing the carbon footprint of aerial acquisitions, also18 eliminate noise pollu tion, as the UAs are propelled by battery powered electric motors,
rather than an internal combustion engine.
By using UAS’s to perform aerial acquisitions, the substantial risk to life and property in the
air and on the ground , which is usually associated with traditional manned aircraft flight
operations, will be substantially reduced or completely eliminated. Aside from the lack of
flight crew members located onboard the aircraft, the DJI Phantom 2 Vi sion+ and DJI
Inspire 1 UAS ’s (weighing approximately 2 pounds 11 ounces and 7 pounds 4 ounces
respectively, at their maximum gross weights with lengths of 16 inches and 17. 5 inches
respectively, widths of 16 inches and 17.7 inches respecti vely, and with no liquid 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 conduc t similar operations
(weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length
of 34 feet, and a fuel capacity of 180 gallons).
3. Performing Aerial Video and Photography Operations With UAS ’s Will Benefit The Economy.
In addition to being safe and efficien t, the petitioner’s UAS’s are also an
economical alternative to using manned aircraft to conduct similar aerial operations. As
such, operation of the UAS’s such as the Petitioners’ Aircraft will allow United States
based companies, like DigiNovations , 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 phasi ng 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 Aircraft 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.19 By operating UAS’s such as the petitioner’s Aircraft , companies s uch as
DigiNovations , can remain competitive and profitable, and therefore, provide greater job
stability to employees and contractors, which will ultimately contribute to growth of the
U.S. economy. Improved financial performance of U.S . companies, through commercial

use of the UAS’s , provides a stable workforce that increases consumer spending; improves
local, state, and federal tax revenues; and allows companies to invest in research and
development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.
Similar to the manned aerial acquisition flight operations that have been conducted for

decades, DigiNovations proposed operation of the Aircraft will not implicate any privacy
issues. Specifically, the Aircraft will be operated only in compliance with operating
documents (i.e., DigiNovations Aerial Operations Policies , M onthly Maintenance Log, and
DJI Phantom 2 Vision+ Instruction Manual) which requires property owner involvement as

well as local law enforcement notification where required , and in accordance with the
Federal Aviation Regulations, including the minimum alt itude requirements of 14 C.F.R. §

91.119.20 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 DigiNov ations Seeks Exemption.
1. Reasons Why Petitioner’s UAS Meet s 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 associa ted
with the unmanned aircraft and its operation, DigiNovations operation of the Aircraft meet s
the conditions of FMRA Section 333, and will not require an airworthiness certificate in

accordance with 14 C.F.R. P art 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 natio nal 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 this 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 section 334 of this Act.
(b) Assessment of Unman ned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to air ports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and
(2) whether a certificate of waiver, certificate of authorization , or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).
(c) Requirements for Safe Operation.

-- If the Secretary determines under this s ection that certain unmanned aircraft systems may operate safely in the national21 airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.
In seeking this exemption, DigiNovations submits that the Aircraft can operate
safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS ; (b) the pilot

ce rtification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision+ UAS and the DJI Inspire 1 UAS Demonstrate Their Safe Characteristics.

The DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS do not create a hazard to
users of the NAS or the public, or otherwise pose a threat to national security considering
its size, weight, speed, and operational capability.

i. Technical Specifications Of the Aircraft

. The technical spe cifications of the Petitioner’s aircraft are set forth by the
DJI Phantom 2 Vision+ Specifications and Data Sheet and the DJI Inspire 1 Specifications

and Data Sheet , attached hereto as Exhibit s A

- 1 and A

- 2

.

ii. The DJI Phant om 2 Vision+ UAS and DJI Inspire 1 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+ UAS and 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
Phantom 2 Vision+ UAS is provided at pages 25

- 35 of the DJI Phantom 2

Vision+ User Manual, attached hereto as Exhibit B

- 1

.

• A complete description of the flight and navigational modes of the DJI
Inspire 1 UAS is provided at pages 12

- 22 of the DJI Inspire 1 User Manual,

attached hereto as Exhibit B

- 2.22 iii. The DJI Phantom 2 Vision+ UAS and DJI Inspire 1 Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of Th e Control Link Or Navigation.
When the Control Link is lost, both the DJI Phantom 2 Vision+ UA and DJI
Inspire 1 will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the
DJI Phantom 2 Vision+ UA does not reacquire control link da ta from the GCS, the UA
will assume that the Control Link is lost and the UA will return to the home position (i.e.,
failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

• A complete description of the Failsafe Functions of the DJI Phantom 2

Vision+ UAS is set forth at pages 27 through 29 of the DJI Phantom 2

Vision+ User Manual, attached hereto as Exhibit B

- 1

.

• A complete description of the Failsafe Functions of the Failsafe Functions
of the DJI Inspire 1 UAS is set forth on page 15 of the DJI Inspire 1 User

Manual, attached hereto as Exhibit B

- 2.
iv. The DJI Phantom 2 Vision+ GCS And Its Operation.
A complete description of the operation and specifications of the DJI Phantom 2
Vision+ GCS and flight control software is provided at pages 32 through 43 of the DJI

Phantom 2 Vision+ User Manual. DJI Phantom 2 Vision+ User Manual is attached hereto

as Exhibit B

- 1

. v. The DJI Inspire 1 GCS And Its Operation.
A complete description of the operation and specifications of the DJI Inspir e 1
GCS and flight control software is provided at pages 32 through 43 of the DJI Inspire 1

User Manual . DJI Inspire 1 User Manual is attached hereto as Exhibit B

- 2

.
b. DigiNovations will require certification and substantial experience of its pilots.23 DigiNovations will only utilize certificated pilots or approved pilots with at least
private pilot certification and a minimum of 25 hours of total time as operator of a UAS
rotorcraft and 5 in the make and model being flown to act as a pilot in command (PIC) of

the DJI Phantom 2 Vision+ UAS and D JI Inspire 1 UAS

.

c. Flights Of DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Will Be Conducted Pursuant To Specific Operating Limitations.
In seeking this exemption, proposes to commercially operate DJI Phantom 2

Vision+ and 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 , which are wholly adherent to the limitations set forth in the

FAA’s Proposed Part 107 contained in the Notice of Proposed Rulemaking under

Docket FAA

- 2015

- 0150 and dated February 15, 2015 :
1. Operations authorized by this grant of exemption will be limited to the following aircraft d escribed in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ and DJI Inspire 1 Unmanned Aircraft System s , or successor versions of the same aircraft (e.g. DJI Phantom 3).
2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.
3. The UAS must be operated at all time s within visual line of sight (VLOS) of the operator or visual observer.
4. At all times the UAS must remain close enough to the operator for the operator to be capable of seeing the Aircraft with vision unaided by any device other than corrective lenses.
5. Aircraft over 4.4 pounds may not operate over any persons not directly involved in the operation.
6. Daylight

- only operations (official sunrise to official sunset, local time)
7. Must yield right

- of

- way to other aircraft, manned or unmanned.
8. May use visual observer (VO), but not required.24 9. First

- person view camera cannot satisfy “see

- and

- avoid” requirement but can be used as long as requirement is satisfied in other ways.
10. Maximum airspeed of 42 knots.

11. Maximum altitude of 500 feet AGL

. 12. Minimum weather visibility of 3 miles from control station.
13. No operations in Class A airspace.
14. Operations in Class B, C, D and E airspace allowed with required ATC permission.
15. Operations in Class G airspace allowed without ATC permiss ion.
16. No person may act as an operator or VO for more than one unmanned aircraft operation at one time.
17. No operations from a moving vehicle or aircraft, other than watercraft on water.
18. No reckless or careless operations.

19. Requires preflig ht inspection by the operator.
20. PIC may not operate the Aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a small UAS.

21. Aircraft registration and markings required.
2. Reasons Why An Exemption F rom The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.
DigiNovations 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 Aircraft
unless that PIC has demonstrated, by meeting minimum flight

- hour and currency
requirements, that the PIC is able to safely operate the Aircraft in a manner consistent with
the exempt ion, including evasive and emergency maneuvers and maintaining appropriate
distances from people, vessels, vehicles and structures.25 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).
DigiNovations will not allow any PIC to operate the Aircraft unless that PIC has
demonstrated, by meeting minimum flight

- hour requirements or the UAS’s training and
currency requirements, that the PIC is able to safely operate the Aircraft in a manner
consistent with this exemption, including evasive and emergency maneuvers and
maintaining appropriate 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 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 requirements,
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 DigiNovations ’ proposed operations. The
Administrator has held that prior documented flight experience that was obtained in
complianc e with applicable regulations would ensure safe operations, stating as follows:
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 an d logged, in a manner consistent with 14 CFR 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 operations under Exemption No. 11062, the PIC must also have accumula ted 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 minimum hour requirements26 to be inclusive rather than additive; i.e. 5 hou rs 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 practice 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 compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to acc omplish 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, DigiNovations will ensure safe operations by not allowing any PIC to
operate the Aircraft unless that PIC has demonstrated, by meeting minimum flight

- hour
and currency requirements, that the PIC is able to safely operate the Aircraft in a manner
consistent with the exemption, including evasive and emergency maneuvers and
maintaining appropriate distances from people, vessels, vehicles and structures.
3. Reasons Why An Exemption From The Requirements Of Sec tion 91.7(a) Would Not Adversely Affect Safety.
The equivalent level of safety established by Section 91.7(a) will be maintained
because prior to every flight, DigiNovations will ensure that the Aircraft are in an
airworthy condition based upon the UAS’s compliance with their operating documents

and as stated in the conditions and limitations herein.
Additionally, the FAA has previously granted relief from Section 91.7(a) specific to

UAS, in circumstances s imilar, 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).27 4. Reasons Why An Exemption Fr om 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 Aircraft will be provided to the PIC v ia GPS
equipment and a radio communications telemetry data link, which downlinks from the UA
to the GCS for active monitoring of the flight path and altitude. This altitude information,

combined with DigiNovations ’s operation of the Aircraft within visual line of sight, at or
below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The
altitude information will be generated by GPS equipment installed onboard the aircraft.
Prior to each flight , a zero altitude initiation point is automatically established by the
UASs at ground level.
The FAA has previously granted relief from Section 91.121 specific to UAS, in
circumstances similar, in all material respects, to those presented herein (e.g. Exem ption

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 Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by
14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 2 Vision+ and DJI Inspire 1 UA S’s ; (2) the limitations on the proposed fligh t
operations; and (3) the location of the proposed flight operations. Accordingly,
DigiNovations will ensure that it will safely operate the battery powered Aircraft during
daylight hours in VFR conditions, with enoug h battery power to fly for a total duration of28 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to
fly after that for at least 4.5 minutes.
Here, as in Exemption No. 11109, the technical specifications of the DJI Pha ntom 2
Vision+ UAS; the limitations on the proposed flight operations; and the location of the
proposed operations, will ensure an equivalent level of safety established by 14 C.F.R.
Section 91.151(b). Furthermore, safety will be ensured as the Aircraft provide audible and
visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the
first warning occurring at approximately 3 0 % remaining battery power, and again at
approximately 10% remaining battery powe r. At the critically low battery level, the

Aircraft will descend and land automatically.
Significantly, previous exemptions granted by the FAA concerning Section 91.151
establish that safety is not adversely affected when the techni cal 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 p reviously granted relief
from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to
those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136 , 11138, 11150, 11153, 11156,
11157, 11158, 11159, 11160, 11161).
6. Reasons Why An Exemption From The 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 exempt ion, DigiNovations 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 DigiNovations will use trained technicians to perform maintenance, alterations, or29 preventive maintenance on the UAS using the methods, techniques, and practices
prescribed in the operating documents (i.e., Monthly Maintenance Log, DJI Phantom 2

Vision+ Instruction Manual , DJI Inspire 1 User Guide, and DJI Inspire 1 Maintenance

Manual ). Furthermore, DigiNovations will document and maintain all maintenance record s

for the Aircraft

.
Since the Aircraft will be inspected as prescribed by the operating documents,
DigiNovations will maintain the equivalent level of safety established by Sections

91.40 5(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 Vision+ User
Manuals are attached hereto as Exhibit B; a copy of the DJI Phantom 2 Vision+ UAS

Maintenance LOG is attached hereto as Exhibit C.
Likewise, the exemption sought will not advers ely affect safety because
DigiNovations will use trained technicians to perform maintenance, alterations or
preventive maintenance on the UAS using the methods, techniques, and practices
prescribed by the operating documents.

Furtherm ore, the exemption sought would maintain an equivalent level of safety
established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the
DJI Phantom 2 Vision+ UAS will be performed by trained technicians. Maintenance will

be documente d and maintained utilizing the monthly maintenance log.
Significantly, previous exemptions granted by the FAA concerning Sections
91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is
not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of DigiNovations proposed operating limitations, the operating
documents, and the technical aspects of the DJI Phantom 2 Vision+ UAS and the DJI30 Inspire 1 UAS
, DigiNovations submits that safety will not be adversely affected by
granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2),
91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted re lief 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, 11 161).
7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012
(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, DigiNovations requests tha t
the FAA prescribe special conditions for the intended operation of the DJI Phantom 2

Vision+ and DJI Inspire 1 UAS, which contain such safety standards that the Administrator
finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part
21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a),
91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will
permit safe operation of the UAs for the limited purpose of c onducting aerial video and
photography over certain areas of the United States for compensation or hire. FMRA
Section 333 sets forth the requirements for considering whether a UAS will create a hazard
to users of the NAS or the public, or otherwise pose a threat to national security; and
further, provides the authority for such UAS to operate without airworthiness certification in
accordance with any requirements that must be established for the safe operation of the

UAS in the NAS.

Likewise, the Administra tor may prescribe special conditions pursuant to 14 C.F.R.31 § 21.16, for operation of the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS, since the
airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate
safety standards, due to t he novel or unusual design features of the aircraft. Section
21.16, entitled Special Conditions, states the following:
If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with P art 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 acco rdance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA
may prescribe special conditions for Leading Edge’s intended operation of the DJI
Phantom 2 Vision+ UAS, which contain such safety standards that the Administrator finds
necessary to establish a l evel 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), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which DigiNovations Seeks Exemption:
DigiNovations Incorporated seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91. 407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
A Brief Description Of The Nature Of The Exemption DigiNovations Seeks:
This exemption will permit DigiNovation s Incorporated to commercially operate an Unmanned Aircraft Sys tem (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.32 G. Any Additional Information, Views, Or Arguments Available To Support DigiNovations’ Request.
This Petition is made pursuan t to the FAA Modernization and Reform Act of 2012
(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain
UAS may operate safely in the NAS. As such, DigiNovations ’ request for exemption may
be granted p ursuant to the authority 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 nationa l
security; and further, provides the authority for such UAS to operate without airworthiness

certification.

As discussed in detail above, DigiNovations will operate the Aircraft
safely in the NAS, without crea ting a hazard to users of the NAS, or the public, or
otherwise pose a threat to national security.33 CONCLUSIO N

As set forth herein, DigiNovations seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modern ization and Reform Act of 2012 (FMRA), which will
permit safe operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS commercially,
without an airworthiness certificate, for the limited purpose of conducting aerial video and
photography over certain a reas of the United States. By granting this Petition, the FAA
Administrator will be fulfilling the Congressional mandate of the FAA Modernization and
Reform Act of 2012, while also advancing the interests of the public, by allowing
DigiN ovations to safely, efficiently, and economically operate the DJI Phantom 2 Vision+
and DJI Inspire 1 UAS ’s commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Sectio n 333, DigiNovations respectfully requests
that the Administrator grant this Petition for an exemption from the requirements of 14
C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),
91.409(a)(1) & (a)(2) , and 91.417(a) & (b), and permit DigiNovations to operate the

DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS commercially for the purpose of
conducting aerial video and photography over certain areas of the United States.34 Dated: Apr il 1 7 , 2015
Respectfully submitted,

Michael E. Kolowich

Michael E. Kolowich President and Founding Producer DigiNovations Incorporated One Acton Place Ac ton, Massachusetts 01720 Tel: ( 978 ) 254

- 1221 Email: michael@diginovations.com