SURPRISE 

ARIZONA 

U.S. DepartmentofTransportation 

Docket Management System 

1200New Jersey Avenue, SE 

Washington, D.C. 20590 

November 9, 2015 

Re: The City of Surprise, Arizona 

Petition for Section 333 Exemption 

BASIS FOR PETITION 

City Attorney's Office 

16000 N. Civic Center Plaza 

Surprise, AZ 85374 

Ph 623-222-1120 

Fax: 623-222-1101 

Petitioner, the City of Surprise, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Inspire 1, in the National Airspace System 

(NAS), and for an exemption from the requirements of: 

14 C.F.R §§ 61.113(a) & (b) 

14 CFR45.23(b) 

91.7(a), 

91.121, 

91.15l(b ), 

91.405(a),91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417 (a) and (b). 

Name and Address of the Petitioner 

The name and address of the Petitioner and point of contact is: 

Jacob Abramson 

Video Production Coordinator, Surprise 11 

The City of Surprise 

16000 N. Civic Center Plaza 

Surprise, AZ 85374 

(623) 222-1423 

Email: J aco b.abramson@surpriseaz.gov 
U.S. Department ofTransportation 

November 2, 2015 

Page 2 

PREFACE 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority by its terms includes exempting civil aircraft, as the term is defined 

under §40101 of the Act, that includes UAS, from the requirement that all civil aircraft must 

have a current airworthiness certificate. The Administrator may grant an exemption from a 

requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 

44 702 - 44 716 of this title if the Administrator finds the exemption in the public interest. 49 

U.S.C. §44701(±) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

The City of Surprise proposes to use an Unmanned Aerial Drones (DJI INSPIRE 1 ), for 

the following uses: 

• Inspections of city-owned road rights of way. 

• Periodic inspections of city-funded infrastructure improvement projects. 

• Evaluations within the city related to flora & fauna (vegetation & wildlife) 

issues. 

• Assist with site security during city-sponsored events (i.e. 4th of July, New 

Years, parades, etc.) 

• Use for aerial photos and video for marketing purposes. 

This aircraft has four rotors and four motors in a quadcopter configuration. It is only 

capable of vertical takeoff and landings. This UAS weighs 6.47 lbs., can fly, under normal 

conditions at a speed of no more than 22 meters per second and has the capability to hover, and 

move in the vertical and horizontal plane simultaneously. 

This UAS is equipped with GPS and auto-return function to the predetermined safe 

landing area as well as allowing reading of magnetic interference that can cause loss off GPS 

signal. The U AS will operate only in line of sight and will operate only within the limits of 

public rights of way or easements. Such operations will be conducted to ensure that the UAS 

will "not create a hazard to users of the national airspace system or the public." (Reform Act 

Section 333 (b)). 

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation 

to consider whether certain unmanned aircraft systems may operate safely in the national 

airspace system (NAS) before completion of the rule making required under Section 333 of the 

Reform Act. In making this determination, the Secretary is required to determine which types 

of UASs do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

• The UAS's size, weight, speed and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the U AS within visual line of sight of the operator. 
U.S. Department of Transportation 

November 2, 2015 

Page 3 

Reform Act§ 333 (a). Secretary determines that such vehicles "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation of 

such aircraft in the national airspace system." I d. § 3 3 3 (c). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority by its terms includes exempting civil aircraft, as the term is defined 

under §40101 of the Act, that includes UAS, from the requirement that all civil aircraft must 

have a current airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702- 44716 of this title 

ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §4470l(f) See also 49 

USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

RELIEF OVERVIEW 

Given the small size of the UAS involved and the restricted environment within which 

they will operate, the applicant falls squarely within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UASs to commence immediately. Also due to the size of the UASs and the 

restricted areas in which the relevant UAS will operate, approval of the application presents no 

national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in 

the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UASs for aerial 

inspections, surveying, photography and videography, the grant of the requested exemptions is 

in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The City of Surprise proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed herein. These limitations 

provide for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the 

already safe aerial inspections, surveying and photography and videography operations 

conducted with conventional aircraft. 

These limitations and conditions to which the City of Surprise agrees to be bound when 

conducting commercial operations under an FAA issued exemption include: 

1. The UAS will weigh less than 55lbs. 

2. Flights will be operated within line of sight of a Pilot-In Command (PIC) and a 
U.S. Department of Transportation 

November 2, 2015 

Page4 

Safety Observer (SO). 

3. Maximum total flight time for each operational flight will be 30 minutes or less. 

Flights will be terminated at 25% battery power reserve should that occur prior 

to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more 

than 200 feet above an elevated platform for which filming is planned. 

5. Minimum crew for each operation will consist of the UAS Pilot and one Visual 

Observer. 

6. The UAS will only operate within the defined project area, the boundaries of 

which will be determined by the UAS Pilot-In-Command (PIC) based on the 

site-specific activities and speed of the UAS required for the operation, and 

coordinated with the jurisdictional FAA FSDO and local government officials as 

applicable. 

7. A briefing will be conducted in regards to the planned UAS operations prior to 

each day's operation. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the project be present for this 

briefing. 

8. The UAS Pilot and Safety Observer will be able to communicate by voice and/or 

two way radio communication system at all times. 

9. The operations of the UAS will be limited to daylight-only operations. 

10. If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a pre- determined location within the Project Perimeter 

and land safely. 

11. The U AS will have the capability to abort flight in case of unpredicted obstacles 

or emergencies. 

14 C.P.R. Part 21, Subpart H: Airworthiness Certificates 14 C.P.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS. In all cases, an 

analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, the City of Surprise's operation of DJI Inspire 1, UAS 
U.S. Department of Transportation 

November 2, 2015 

Page 5 

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, the City of Surprise requests relief from Sections 91.405(a), 91.407(a)(l), 

91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate. The City of Surprise 

submits that the requested relief is proper since an equivalent level of safety will be ensured. 

The City of Surprise will use experienced personnel or technicians as needed to perform 

maintenance, alterations, or preventive maintenance on the UASs using the methods, 

techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance 

Log, and DJI Inspire 1 Instruction Manual). Furthermore, the City of Surprise will document 

and maintain all maintenance records for the DJI Inspire 1 UAS. 

Relief from certain requirements of Section 61.113(a) and (b), entitled 

Private pilot privileges and limitations: Pilot in command, is requested by the City of Surprise 

to the extent necessary to allow a Pilot in Command (PIC) meet or exceed the described 

requirements of operations set by manufacturer, and who has demonstrated, 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 appropriate distances from people, vessels, 

vehicles and structures. 

The City of Surprise seeks relief from Section 91.7(a), entitled 

Civil aircraft airworthiness, because the DJI Inspire 1 UAS do not require an airworthiness 

certificate in accordance with 14 C.F .R. Part 21, Subpart H. As such, the City of Surprise 

submits that it will ensure that the DJI Inspire 1 UAS is in an airworthy condition, prior to every 

flight, by determining that the UASs are in compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual), and that the aircraft are in a 

condition for safe flight. 

The City of Surprise also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Inspire 1 will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Inspire 1 will be provided to the PIC via 

Global Positioning System (GPS) equipment and radio communications telemetry data link, 

which downlinks from the UA to the ground control system (GCS) for active monitoring of the 

flight path. This altitude information, combined with the City of Surprise's operation of the DJI 

Inspire 1 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of 

safety equivalent to Section 91.121. 

Additionally, the City of Surprise seeks an exemption from the requirements of Section 

91.151 (b), entitled Fuel requirements for flight in VFR conditions. The City of Surprise 

submits that safety will not be affected by operation of the DJI Inspire 1 during daylight hours in 

visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery 

power to fly for a total duration of approximately 30 minutes to the first point of intended 

landing. 
U.S. Department of Transportation 

November 2, 2015 

Page 6 

EXTENT AND REASONING WHY THE CITY OF SURPRISE SEEKS RELIEF FROM THE 

LISTED SECTIONS ABOVE 

1. Section 61.113(a) & 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 meet all requirements as described in the DJI Inspire 1 owner's manual to 

conduct the proposed U AS flight operations for compensation or hire. 

This reliefis 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 compensation or hire. 

As set forth more fully below, the City of Surprise submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Inspire 1 UAS 

unless that PIC has demonstrated that the PIC is able to safely operate either the DJI Inspire 1 

UAS in a manner consistent with the operations specifications as described in this exemption, 

including evasive and emergency maneuvers, as well as maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Further, the City of Surprise submits that all flights of the DJI Inspire 1 1 UAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to the City of 

Surprise 's business; and (2) will not carry passengers or property for compensation or hire. 

2. Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow the City of Surprise to determine that the DJI Inspire 1 UASs are in 

airworthy condition prior to every flight by ensuring that the UAS is in compliance with the 

operating documents (i.e., the City of Surprise Operations Manual, Monthly Maintenance Log, 

and DJI Inspire 1 Instruction Manual). 

The City of Surprise seeks the requested relief because the DJI Inspire 1 UAS does not 

require an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H. Therefore, 

the City of Surprise will ensure that the DJI Inspire 1 UAS are 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 are in 

condition for safe flight, as stated in the conditions and limitations below. 

3. Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the DJI Inspire 1 UAS, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink 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), the City of Surprise seeks the requested relief because the DJI 
U.S. Department of Transportation 

November 2, 2015 

Page 7 

Inspire 1 UA altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CPR 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 

DJI Inspire 1 UAS are 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. 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 UA during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a 

total duration of 30 minutes to the first point of intended landing and, assuming normal cruising 

speed. The City of Surprise seeks the requested relief because without an exemption from 

Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1 UA will 

severely constrain the practicality of any aerial video or still photo flight operations that the City 

of Surprise proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Inspire 1 UAS, 

the DJI Inspire 1 operating documents, and the City of Surprise 's proposed operating 

limitations, ensure that the City of Surprise will safely operate the battery powered DJI Inspire 

1 UA during daylight hours in visual meteorological conditions (VMC), under visual flight 

rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the first point 

of intended landing and, assuming normal cruising speed, to fly after that for at least 3 minutes. 

5. 14 CFR45.23(b). 

Marking of the Aircraft. Applicable codes of Federal Regulation require aircraft to be 

marked according to certain specifications. UAV Field Services UASs are, by definition, 

unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark 

certain words or phrases. Further, two inch lettering is difficult to place on such small aircraft. 

Regardless, UAV Field Services will mark its UAS in the largest possible lettering by 

placing the "N" number on its fuselage as required by 14 CFR 45.29 (f) so that the pilot, 

technician, spotter and others working with the U A V will see the markings. The FAA has 

previously issued exemptions to this regulation through Exemption No. 10167 and 10700. 

6. 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)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, the City of Surprise requests relief from these 

Sections because the DJI Inspire 1 UAS do not require airworthiness certificates. As set forth 

more fully below, the DJI Inspire 1 UAS meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly the City of Surprise will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UASs using 
U.S. Department of Transportation 

November 2, 2015 

Page 8 

the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the 

City of Surprise aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 

Instruction Manual). Furthermore, the City of Surprise will document and maintain all 

maintenance records for the DJI Inspire 1 UAS. 

The reasons for granting this request are entirely beneficial to the public and community as 

a whole. 

Granting the present Petition will further the public interest by allowing the City of 

Surprise to safely, efficiently, and economically perfmm aerial video and photographic surveys 

and inspections of construction sites, rights of way, utility easements, and other sites within the 

City of Surprise, Arizona. 

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation 

to consider whether certain unmanned aircraft systems may operate safely in the national 

airspace system (NAS) before completion of the rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine which types of 

UAS do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

• The UAS's size, weight, speed and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the U AS within visual line of sight of the operator. 

Reform Act§ 333 (a). Lastly, the Secretary determines that such vehicles "may operate 

safely in the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system." I d. §333( c). 

Given the small size ofthe UAS involved and the restricted sterile environment within 

which they will operate, the applicant falls squarely within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of UASs to commence immediately. Also due to the size of the UASs 

and the restricted areas in which the relevant UAS will operate, approval of the application 

presents no national security issue. Given the clear direction in Section 333 of the Reform Act, 

the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of 

safety surrounding the proposed operations, and the significant public benefit, including 

enhanced safety, reduction in environmental impacts, including reduced emissions associated 

with allowing UASs for movie and television operations, the grant of the requested exemptions 

is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay. 
U.S. Department of Transportation 

November 2, 2015 

Page 9 

REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY 

1. The Public Will Benefit from Decreased Congestion of the NAS. 

The DJI Inspire 1 UAS are battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By 

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption 

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 the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The DJI 

Inspire 1 UA 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 flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Inspire 1 UAS. 

Conducting aerial acquisitions with the DJI Inspire 1 UAS, instead of manned aircraft, 

will greatly benefit the public by drastically reducing the 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 

most viable environmentally conscious 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 leaded aviation fuel. The DJI Inspire 1 UA, 

while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the 

UAs are propelled by battery powered electric motors, rather than an internal combustion 

engine. 

By using the DJI Inspire 1 UAS to perform aerial observation, 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 Inspire 1 UA (weighing 

approximately 6 pounds 5 ounces, at their maximum gross weights with a wingspan of 36 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 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, Surveys and Inspections, Operations with 

the DJI Inspire 1 UAS Will Benefit the Economy. 

In addition to being safe and efficient, the DJI Inspire 1 UAS are also provides an 

economical alternative to using manned aircraft to conduct similar aerial operations. As such, 

operation of the DJI Inspire 1 UAS will allow the City of Surprise, to provide quality services 

to the residents and businesses of the City and the Region at minimum costs. Specifically, with 

the rising cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory 
U.S. Department of Transportation 

November 2, 2015 

Page 10 

actions phasing out leaded aviation fuels, agencies must adopt new and alternative technology in 

continue to provide required services at reasonable costs. Operating the battery powered DJI 

Inspire 1 UAS is one such technology that not only allows agencies and 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, the City of Surprise can maintain and hopefully 

improve our ability to operate and maintain critical infrastructure and at the same time collect 

important data for further development of system-wide modeling of water, water, stormwater 

and roadway systems as well as provide accurate and current data related to environmental 

issues such as ground cover, vegetation & wildlife habitats. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

the City of Surprise'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 compliance with 

operating documents (i.e., the City of Surprise Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Inspire 1 Instruction Manual) which requires property owner 

involvement as well as local law enforcement notification, and in accordance with the Federal 

Aviation Regulations, including the maximum altitude limitations as per the requirements of 14 

C.F .R. § 91.119. 

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 THE 

CITY OF SURPRISE SEEKS EXEMPTION. 

1. Reasons why the DJI Inspire 1 UA Meet the Conditions of the FAA Modernization 

and Reform Act of2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, the City of Surprise's operation of the DJI Inspire 1 UAS 

meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. 

In seeking this exemption, the City of Surprise 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 U AS Demonstrate Its Safe Characteristics. 

The 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. 

1. Technical Specifications of the DJI Inspire 1 UAS. 
U.S. Department of Transportation 

November 2, 2015 

Page 11 

The technical specifications of the DJI Inspire 1 UAS are set forth by 

the DJI Inspire 1 Specifications and Data Sheet attached. 

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 ofthe 

DJI Inspire 1 UAS are included in the User Manuals. 

ii. The DJI Inspire 1 UASs Are Designed For Automatic Return To Horne 

Point Or Hover In The Event Of Loss Of The Control Link Or 

Navigation. 

When the Control Link is lost, the DJI Inspire 1 UA will remain 

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Inspire 1 UA does not reacquire control link data from the GCS, the UAs 

will assume that the Control Link is lost and the U As will return to the 

horne 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 Inspire 1 UA 

are set forth in the DJI Inspire 1 User Manual, attached. 

111. The DJI Inspire 1 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI 

Inspire 1 GCS and flight control software is provided in the DJI Inspire 1 

User Manual. 

b. Flights of DJI Inspire 1 UAS Will be Conducted Pursuant to Specific Operating 

Limitations. 

In seeking this exemption, the City of Surprise proposes to commercially operate 

DJI Inspire 1 UAS for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following 

specific operating limitations: 

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UASs 

weighing less than 55 pounds maximum gross weight: DJI Inspire 1 Unmanned 

Aircraft Systems. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting 

operations for the purpose of aerial video and photography. 

3. The UA may not be flown at an indicated airspeed exceeding 30 knots. 

4. The UA must be operated at an altitude of no more than 400 feet above 

ground level (AGL), as indicated by the procedures specified in the operating 
U.S. Department of Transportation 

November 2, 2015 

Page 12 

documents unless a special request is made and approved by ATC. All altitudes 

reported to ATC must be in feet AGL. 

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at 

all times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC's FAA-issued airman 

medical certificate. 

6. The use of first person view camera to satisfY the visual line of site by the 

PIC or safety observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to 

satisfY the VLOS requirement as long as the PIC 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 operating 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 operating 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 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 upon request. The operator must also 

present updated and revised documents if it petitions for extension or amendment 

to the grant of exemption. If the operator determines that any update or revision 

would affect the basis upon which the FAA granted the exemption, then the 

operator 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 

maintenance 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 UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical component, 
U.S. Department of Transportation 

November 2, 2015 

Page 13 

must undergo a functional test flight. The PIC who conducts the functional test 

flight must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents. 

13. The operator must follow the UAS manufacturer's aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance 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 signature of the authorized person returning the UAS to 

service. 

15. Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections. 

17. The PIC must meet or exceed all requirements as set forth by manufacturer in 

order to justifiably operate the DJI Inspire 1, or hold an equivalent pilot license 

approved by the FAA. 

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator's qualification 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, vehicles 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 UA with appropriate 

distance from nonparticipants in accordance with 14 C.P.R.§ 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.P.R. § 

1.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA 

office closest to proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport's management is obtained, and the operation is 

conducted in accordance with a NOT AM as required by the operator's COA. The 
U.S. Department of Transportation 

November 2, 2015 

Page 14 

letter of agreement with the airport management must be made available to the 

Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC. 

22. If the UA loses communications or loses its GPS signal, it 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 UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate 

of Waiver or Authorization (COA) prior to conducting any operations under the 

grant of exemption. This COA will also require the operator to request a Notice to 

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours 

prior to the operation. All operations shall be conducted in accordance with 

airspace requirements in the ATO issued COA including class of airspace, altitude 

level and potential transponder 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. Markings 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 UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

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

30. All operations shall be conducted over publicly owned or controlled property. 

Any operation over privately owned property would require permission from the 

land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

31. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA must 

be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) 
...... -----------------

U.S. Department of Transportation 

November 2, 2015 

Page 15 

per instructions contained on the NTSB Web site: www.ntsb.gov. 

The City of Surprise affirms all information listed above to be true and binding upon 

FAA's findings of exemption regarding commercial operations of listed UAS, until further 

notice of laws or regulations decided by the government/FAA. Thank you for your 

consideration. 

yours, 

acob Abramson 

Video Production Coordinator, Surprise 11 

__________________ .......