June 20, 2015

U.S. Department of Transportation
Docket Management System
1200 New Jersey Ave., SE Washington, DC

The name and address of the petitioner is:
12 South Consulting and Training Attn: Jeremy Swearengin 12918 Mukilteo Speedway C

- 23 pm 143 Lynnwood, WA 98087 Ph: 425

- 343

-8542 Email: jmsfirefighter@gmail.com

Re: Exemption Request under Section 333

Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, 12 South Con sulting and Training, the operator of the DJI Inspire 1 Unmanned Aircraft System (“UAS”), seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below.

The requested exemption would permit 12 South Consulting and Training to operate thei r Inspire 1, which weighs under 6.5 lbs and produced by DJI, for Search and Rescue, and commercial photography :
Search and Rescue for emergency services Wildland Fire Fighting perimeter safety checks Firefighter Training Commercial photography Marketing Real estate photography

The Inspire 1 uses an onboard camera to capture high quality digital images of hazardous areas and emergency operations areas. Use of the Inspire 1 for aerial emergency operations reduces the need to operate conventiona l aircraft for the same purpose and provides very high quality imagery at a fraction of the cost. These savings result in enhanced efficiency and productivity for the affected activities, aswell as environmental benefits. Additionally, there is increase d public safety by using the Inspire 1 due

to the elimination of pilots operating over hazard zones.

Operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level of safety to curre ntly authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333.

The regulations from which the exemption is requested are as follows: 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(b); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a).

This exemption application is expressly submitted to fu lfill 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 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 UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if 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.” Id. §333(c) (emphasis added) A pplicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that th e conditions set forth herein do not fulfill the statutory requirements for approval. 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 sUASs, 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 if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

12 South Consulting and Training sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only i n line of sight and will operate o nly within a sterile area. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.” Specific operational sUASs are the DJI Inspire 1. The DJI Inspire 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17. 7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Inspire 1 UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Inspire 1 UAs that will be operated by 12 South Con sulting and Training will be registered in accordance with 49 U.S.C. 44103, Registra tion of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in

ac cordance with 14 C.F.R Part 45, Identification and Registration Marking.

Reform Act Section 333 (b). Given the small size of the sUASs involved and the restri cted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress e nvisioned that the FAA must, by exemption, allow commercial operations of UASs to

co mmence immediately. Also due to the size of the UASs and the restricted areas in which t he relevant sUASs will operate, approval of the application presents no national security i ssue. 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 surroundi ng the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs, the grant of the requested exemptions is in the public interest.

Accordingly, the applicant respectfully requests t hat the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested here in apply to civil aircraft that have the characteristics and that operate with the l imitations listed herein. These limitations provide for at l east an equivalent or even highe r level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe operations conducted with conventional aircraft. These limitations and conditions to which 12 South Consulting and Training agrees to be bound when conducting commercial operations under an FAA issued exemption include:1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each operational flight will be 45 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 45 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 from which filming is planned. 5. Minimum crew for each operation will consist of the s UAS Pilot, the Visual Observer, and/or the Camera Operator. 6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and 3 rd class medical certificate. 7. sUAS Pilot will be Pilot in Command (PIC). If a pilot ce rtificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, i s also present (i.e. the Visual Observer), that person can also be designated as the PIC. 8. The UAS will only operate within a confined “Sterile Area” of the flight operations area. 9. A briefing will be conducted in regard to the planne d sUAS operations prior to each day’s activities. It will be mandatory that all personne l who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 10. The operator will obtain the consent of all person s involved and ensure th at only consenting persons will be allowed within 100 feet of the fl ight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety determination. 11. Pilot and observer will have been trained in operatio n of UAS generall y and received up
-to

- date information on the particular UAS to be operated. 12. Observer and pilot will at all times are able to communicate by voice and/or text. 13. Written and/or oral permission from the relevant property holders will be obtained. 14. A ll required permissions and permits will be obtained fro m territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 15. If the sUAS loses communications or loses it s GPS signal, the UAS will have capability to return to a pre
- determined location within the Security Perimeter and land. 16. The sUAS will have the capability to abort a flight in c ase of unpredicted obstacles or emergencies.

**14 C.F.R. Part 21, Subpart H: Airworthiness C ertificates 14 C.F.R. §91.203 (a) (1)**  Subpart H, entitled Airworthiness Certificates, establis hes the procedural requirements for the issuance of airworthiness certificates as require d by FAR §91.203 (a) (1). Given the size and limited operating area

assoc iated with the a ircraft 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 capabi lity, and proximity to airports and populated areas of the particular U AS. 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 certificatewithout the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials o r flammable liqui d fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly

c ontrolled and monitored by both the operator, pursuant to the Manual’s requirem ents, and under t he requirements and in compliance with local public safety requirements, to p rovide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already a pply to civil aircraft operated in connection with motion picture and television producti on, provide a greater degree of safety to the public and property owners than conventional operations conduct ed with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credi ble threat to national security posed by the UAS, due to its size, speed of operation, location of

o peration, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. The FAA has issued the following exemptions to this regulations Exemptions Nos. 11251.

**14 C.F.R. § 45.23 (b). Marking of the Aircraft** The regulation requires: When marks include on ly the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to t he cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "l ight

sport," "experimental," or"provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, co ckpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAV, two

- inch lettering will be impossible. The word “Experimental” will be place d o n the fuselage in compliancewith §45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with th e sUAV will see the identification of the U AS as “Experi mental.” The FAA has issued the following exemptions to this regulation to Exemptions, but not limited to, Nos. 10700, 8738, 10167 and 10167A, 11256, 11251.

**14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Comm**  **and.** Sections 61.113 (a) & (b) limit private pilots to non

-com mercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot

a nd passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The level of safetyprovided by the requirements included in the Manual exceeds that provided by a single individual

holding a commercial pilot’s certificate operati ng a conventional aircraft. The risks associated with the operation of the sUAS are so di minished from the level of risk associated with commercial operations contemplate d by Part 61 when drafted, that allowing operations of the sUAS as requested with a priva te pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

**14 C.F.R. §91.7(a): Civil aircraft airworthiness.** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issue d for the aircraft, should this exemption be granted, no FAA regulatory stan dard will exist for determining airworthiness. Given the size of the aircraft and th e requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

**14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the A ircraft.**  Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual i s not required by §21.5 of this chapter, unless there is available in the aircraft a current approved ai rplane or Rotorcraft Flight Manual, approved manual material, markings, a nd placards, or any combination thereof. The sUAS, given its size and configuration has no a bility or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS wi ll have immediate access to it. The FAA has issued the following exemptions to this regulation , but not limited to: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 10700, 11251, and 11256.

**14 C.F.R. § 91.103: Preflight action** This regu lation requires each pilot in command to take c ertain actions before flight to insure the safety of flight. As FAA approved rotorcraft flig ht manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

**14 C.F.R. §91.109: Flight instruction:** Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully funct ional dual controls. Flight control is accomplished throug h the use of a control box that communicates with the aircraft via radio

commu nications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of ai rcraft and for flight instruction in experimental aircraft. S ee Exemption Nos.5778K & 9862A.The equivalent level of safety provided by the fact that neit her a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.**14 C.F.R. §91.119: Minimum safe altitudes**

Section 91.119 establishes safe altitudes for operation of civ il aircraft. Section 91.119 (d) allows helicopters to be operated at less than the mi nimums prescribed, provided the person operating the helicopter complies with any ro ute or altitudes prescribed for helicopters by the FAA. As this exemption is for a sU AS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

-obtained c onsent. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as we ll as the location where it is operated. No flight will be taken wit hout the required permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the aerial activity, all affected individuals will be aware of the planned flight operations. Compared to flight operati ons with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed h erein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL oth er industries. In addition, the low

- altitude operations of the sUAS will ensure sep aration between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

**14 C.F.R. §91.121 Altimeter Settings** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departu re.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read o ut, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Man ual and Safety Check list, confirming the altitude of t he launch site shown on the GPS altitude indicator before flight.

**14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and foreca st weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 m inutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 30

- 5 0 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 20 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed op erations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.1 51(a) falls within the scope of pr ior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operat ing the small UAS, in a tightly controlled area where only people and property owners or official representatives who have s igned waivers will be allowed, with less than 30 mi nutes of reservefuel, does not engender the type of risks that Section 91.151(a) was inten ded to alleviate given the size

and speed of the small UAS. Additionally, limiting s UAS flights to 20 minutes woul d greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 45 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned la nding zone from anywhere in its limited operating area. Similar exemptions have been granted to other operatio ns, including Exemptions 2689F, 5745, 10673, 10808, and 11251.

**14 C.F.R. §91.203 (a) and ( b): Carrying Civil Aircraft Certification and Registration**  The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthi ness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight author ization issued under §91.715 is displayed at the cabin or cockpit entrance so that i t is legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certifica tion and registration documents or to display them on the sUAS. An equival ent level of safety will be achieved by keepin g these documents at the ground control point where the pilot flying the sUAS will have i mmediate access to them, to the extent they are applicable to the sUAS. The FAA ha s issued numerous exemptions to this regulation. A representative sample of other

exc eptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 10700, 11251, and 11256.

**14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections** These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shal l between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall insp ect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applican t. The operator pursuant to the flight manual and operating handbook will accomplish m aintenance. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediatel y and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, pe rform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircra ft in an airworthy condition to provide the equivalent level of safety.Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a) ;91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or les s).

Approval of exemptions allowing commercial operation s of sUASs, will enhance safety by reducing risk. Conventional operations, using jet or pi ston power aircraft, operate at extremely low altitudes just feet from the subjects being filmed and in extre me proximity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the operational location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of t hat risk given the reduced mass and lack of combustible fuel carried on board. The sUAS i s carried to the operation site and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 5 5 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety support ing the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operati ons. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment an d, as a result, are far safer than conventional operations con ducted with turbine helicopters operating in close proximity to the ground and people.

Privacy All flights will occur over private or controlled access pro perty with the property owner’s prior consent and knowledge. Filming will be of peop le who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. The grant of this exemption request will provide improved safety in both day and night operat ions. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

--size, weight, speed, operating capabilities, proximity to airports and populated

areas and operation within visual line of sight and nation al security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS. It is of note that certain publi c safety operations may involve advanced monitoring technology such as Infrared Red, Night Vision, etc. These specific operations will be governed pursuant to all applicable Local, St ate, and Federal laws regarding search and seizure including court approval of said operations via search warrant.

Conclusion As set forth herein, 12 South Consulting and Training seeks an exemption pursuant to 14 C.F.R 11.61 andSection 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation

of the DJI Inspire 1 UASs commercially, without an airworthiness certifica te, for the limited purpose of conducting the aforementioned on
- demand commercial sUAS operations that include: • Public Safety Support Operations • Filmmaking, cinematography, and videography, • Wildlife and forestry monitoring, • Aerial surveying, and

• Construction site inspection and monitoring

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 thepublic, by allowing 12 Sout h Consulting and Training to safely, efficiently, and economically operate sUASs commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, section 333, 12 South Consulting and Training respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 45.23(b); Part 21; 61.113(a) & (b), 91.7(a); 91.9(b); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a); 91.405 (a), 91.407(a)(1); 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit 12 South Consulting and Training the DJI Inspire 1 commercially in the United States.

Respectfully Submitted,

12 South Consulting and Training Jeremy Swearengin 12918 Mukilteo Spe edway

c
- 23 pm 143 Lynnwood, WA 98087 425

- 343

-8542 jmsfirefighter@gmail.com