December 12, 2015

Nathan E. Holmes 

7278 E. La Junta Rd. 

Scottsdale, AZ. 85255 

Email: Nathan.e.holmes@gmail.com 

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481i

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355

 

Dear Sir or Madam, 

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption 

under section 333 of the FAA Modernization and Reform Act of 2012, I, Nathan 

E. Holmes, referred to hereafter as the petitioner, request exemption from the 

following sections of Title 14, Code of Federal Regulations §§ 

91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1); 91.409(a)

(2); 91.417(a) & (b); 

In order to operate small unmanned aircraft systems (UAS) commercially in 

airspace regulated by the Federal Aviation Administration (FAA) for the purposes 

of aerial photography, cinematography, videography, mapping, crop surveying, 

inspections and other flight operations that could be performed safely and more 

cost effectively with the use of small UAS at low altitude within the U.S. national 

airspace system as compared to a manned aircraft. Operations will be performed 

only at the request of and with the authorization and permission of clients or their 

authorized agents in order to facilitate commerce and raise awareness of the 

beneficial uses of small unmanned air systems. So long as such operations are 

conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. The conditions identified and 

proposed by the petitioner are drawn from references 13. 

The FARs 

The petitioner seeks exemption from the above-mentioned FARs for the following 

reasons: 

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations 

conducted closer than 500 feet to the ground may require that the UA be 

operated closer than 500 feet to essential persons, or objects that would not be 

possible without additional relief. The petitioner requests modification, waiver or 

exemption and clarification concerning the terms “congested areas” and “densely 

populated”. The petitioner requests waiver for this condition to allow reasonable 

and responsible operations in areas of subdivisions and neighborhoods if 

required 
91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable 

since the UAS does not have an altimeter and instead utilizes electronic GPS 

with a barometric sensor for altitude information. 

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION 

SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at 

less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 

10650. In addition, similar UAS specific relief has been granted in Exemption 

Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides 

battery power remaining in percent to the PIC. The UA batteries provide 

approximately 20 minutes of powered flight. Information provided in the operating 

documents discusses procedures regarding remaining battery power 

management. Those documents contain a condition in which the PIC will initiate 

a landing procedure when battery remaining reaches a specified level. Given the 

limitations on proposed operations and the location of those proposed 

operations, the FAA found that a reduced minimum power reserve for flight in 

daytime VFR conditions was reasonable. 

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in 

Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect 

and ensure that the UAS is in a condition for safe flight in accordance with the 

operating documents. The FAA found that adherence to the petitioner’s operating 

documents and the conditions and limitations specified, describing the 

requirements for maintenance, inspection, and recordkeeping, were sufficient to 

ensure that safety would not be adversely affected. 

The UAS 

The DJI Inspire 1 was recently released early this year. It is a small rotorcraft in 

the quadcopter configuration with an advertised weight of less than 2935g 

designed primarily to carry aloft a high definition camera. It has an advertised 

maximum speed of less than 55mph and a maximum climb rate of less than 1000 

feet per minute. It is powered by four electric motors. It utilizes an internal inertial 

measuring unit (IMU) with integrated barometric sensor augmented with global 

positioning system (GPS) to maintain its geospatial orientation and position. It is 

controlled primarily through an FCC certified radio control (RC) unit. Real time 

video and telemetry information is transmitted back to a ground control station 

allowing the operator and/or PIC to monitor battery level, GPS signal strength, 

altitude (AGL), and distance from PIC, camera imagery, and control camera 

angle. It has failsafe modes of operation for either loss of RC or GPS signal. The 

onboard flight controller can limit altitude and maximum altitude can be 

preprogrammed by the PIC. Battery life limits flight times to approximately 20 

minutes. The onboard flight controller will warn the pilot via telemetry and 

external lighting cues before reaching a low battery state. An automatic 

termination of flight and landing will be initiated when the battery reaches a 

predetermined low state. It is anticipated that flights will usually last less than 18 

minutes. More information is available at http://www.dji.com/product/inspire-1/

spec 
Risk mitigation 

The petitioner has reviewed FAA exemptions reference’s 13 Conditions and 

Limitations section and believes that the procedures specified therein are 

reasonable and will be utilized in order to manage and mitigate risk and ensure 

public safety. A preflight checklist will be developed and employed to ensure that 

the UA airworthiness will be verified before launch. Airworthiness will be 

maintained by performance of routine inspections before each flight, maintaining 

flight and maintenance logs to record time on failure prone components. 

The petitioner request that in a manner similar to reference 3, he be allowed to 

operate within 5 miles of an airport provided that; 

“The UA may not operate in Class B, C, or D airspace without written approval 

from the FAA. The UA may not operate within 5 nautical miles of the geographic 

center of a non towered airport as denoted 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 airport 

management must be made available to the Administrator upon request.” 

Operations within 5 miles of an airport are not anticipated to be routine but the 

petitioner is requesting a mechanism to facilitate such activities without 

requesting a new and separate exemption(s) should the need arise. Operations 

within class B airspace are not requested due to the lack of mode C transponder. 

Public interest 

Use of the UAS in contrast of a manned aircraft would enhance safety and 

reduce the environmental impact as compared to similar operations conducted 

with manned aircraft of greater proportions, carrying a crew and flammable fuel. 

Additionally, use of the UAS in order to facilitate commerce could lead to 

economic growth. Operations for this petition will enable service for property 

owners or their designees seeking an enhanced perspective for characteristics, 

amenities, and benefits of their desired photographic subjects that cannot be 

displayed through ground level videography/photography. Aerial photography is a 

valuable marketing tool that can lead to increased commerce and enhance 

personal photography. Crop surveying applications could lead to decreased use 

of pesticides and fertilizer and conservation of water as well as increased crop 

yields and decreased costs. Aerial surveying and inspections can increase work 

site efficiency, improve volumetric estimations and reduce risks. The petitioner 

will provide clients with photographic data for these purposes on a ‘for hire’ basis 

acting as an independent contractor. A visual observer will be utilized. Liability 

insurance will be obtained commensurate with the granting of this request for 

exemption. Flight data including UA flight time, Control Unit operation time, 

incident, accident, and details concerning any deviations from normal operations 

will be available to FAA for use in collecting data regarding the use of UAS as 

part of this application. This data may be submitted to FAA via traditional means, 

e.g. COA Monthly Reports, or other means as required. 
Conclusion 

The petitioner is requesting this exemption for the purposes of “aerial 

photography, cinematography, videography, mapping, crop surveying, 

inspections and other flight operations”. The reason for such a general and broad 

based request is that the petitioner wishes to utilize a business strategy of 

horizontal integration and maximize economies of scope in order to capitalize on 

opportunities as they may arise in the future without the long turnaround time 

associated with additional exemptions. The petitioner's business model is based 

on the idea of offering ad hoc small UAS services to individuals or companies 

who wish to employ these services as a safe, effective, and legal option to 

enhance their business or hobby. The petitioner’s own market research shows 

pent up demand for these services currently exists in the real estate market and 

other markets are just beginning to emerge. The petitioner has refrained from 

engaging in commercial use of the UAS. The primary purpose of seeking this 

exemption is to obtain the capability to offer those services while remaining in 

compliance. 

Respectfully submitted,

Nathan E. Holmes