February 17, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Petition for Exemption - CGI Communications, Inc.

Dear Sir/Madam:

Pursuant to Section 333 of the FAA Modernization & Reform Act of 2012 and CFR Part 11, CGI 

Communications, Inc. (“CGI”) requests to be exempted from the Federal Aviation Regulations (“FAR”) 

listed below in order that it may operate UASs commercially in airspace regulated by the FAA, under 

the terms and conditions as outlined herein and as established by the FAA.

CGI Communications, Inc. (“CGI”) is a private New York corporation that, partnering with the U.S. 

Conference of Mayors and the National League of Cities, produces informational videos for cities, 

towns, chambers of commerce and local “Main Street” businesses throughout the United States. 

The requested exemption would permit CGI to operate its DJ1 Inspire 1 lightweight (less than 20 lb. 

total takeoff weight) UASs under controlled conditions for commercial use by qualified, certified pilots. 

CGI’s UASs operate at less than 15 mph maximum speed and can hover at the vertical and horizontal 

plane simultaneously. The aircraft has an auto return to launch when battery is under 25%. The UAS 

will operate within the line of sight within a protected flight area as described below and at 200 feet 

AGL or less with an observer located close at hand as to make voice communication possible. The PIC 

has a screen to indicate AGL, speed and distance aircraft is from the PIC. The proposed operations will 

not create a hazard to users of the nation’s airspace, the public or the environment and will, in fact, 

make for a safer alternative than full sized helicopters, which for years has been used as the primary 

aircraft to take aerial shots.

CGI Communications, Inc. hereby requests the granting of an exemption to the following sections of 

the Title 14 Code of Federal Regulations, in order to operate lightweight UASs for its commercial use:

• 14 CFR Part 61 113 (a) & (b)

• 14 CFR Part 61, 133 

• 14 CFR 91.7 

• 14 CFR 91.9(b)(2) 

• 14 CFR 91.109 

• 14 CFR 91.119 

• 14 CFR 91.121 

• 14 CFR 91.151 

• 14 CFR 91.203(a) & (b) 

• 14 CFR 91.405(a) 
• 14 CFR 91.407(a)(1)

• 14 CFR 91.409(a)(2) 

• 14 CFR 91.417(a) & (b)

CGI Communications, Inc. submits this application in accordance with the Reform Act , 112 P.L. 95 

331334, and seeks relief from any currently applicable FAR’s operating to prevent CGI’s commercial 

use of small UASs to operate in the national airspace system as described below. The Reform Act’s 

Section 332 provides for such integration of civil unmanned aircraft into our national airspace system 

(NAS) as it is in the public’s interest to do so.

CGI’s UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and, therefore, 

the integration of these UASs are expressly contemplated by the Reform Act. CGI would like to 

operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to 

promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in national airspace before completion of the rule making required under 

Section 332. In making this determination, the Secretary of Transportation is required to determine 

which UASs do create a hazard to users of the national airspace system or the public or pose a threat to 

national security in light of the following:

• The UAS’s size, speed, weight and operational capability

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

• Operation of the UASs within visual line of sight of the operator

The Secretary may determine that such aircraft may operate safely in the National Airspace System, 

and shall establish requirements for the safe operation of UASs in national airspace. (Section 333(a).

CGI’s UASs all weigh under 55 pounds when fully loaded. They operate at speeds less than 30 knots 

and have the capability to operate in the vertical and horizontal plane simultaneously. The CGI UASs 

will operate only within the line of sight of the operator within a protected flight area with a maximum 

altitude of less than 200 feet. They will also not be flown within five (5) nautical miles of an airport 

with an operational control tower. CGI’s UASs will not present a hazard to the national airspace nor 

the public and will provide a safer means to take aerial photographs and video in behalf of cities, 

towns, chambers of commerce and local businesses across the United States.

The very small nature of CGI’s UASs, combined with the safeguards presented herein, will allow for 

safe operation greater than that envisioned by Congress for the FAA to establish and by exemption, 

allow commercial operations of UASs to commence immediately. Also, due to the UAS’s sizes and 

altitudes they will operate, approval of this request presents no national security issues and absolutely 

minimal safety concerns, as mitigated by our rigorous risk management process. 

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

Aviation Act as amended, the strong equivalent level of enhanced safety, the reduced emissions of 

UASs as compared to traditional aircraft, as well as the economic impact of greatly reducing the cost of 

aerial photography thereby benefitting the greater public interest. Accordingly, CGI Communications, 

Inc. hereby requests that the FAA grant the requested exemption without delay.

The following will be considered as binding limitations and conditions on the operations of CGI:
• Flights will be operated in the line of sight of the operator (PIC) and observer (VSO)

• All required FAA clearances will be obtained and distances from airports strictly 

observed

• Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” 

as indicated by manufacturer recommendations

• Flights will only occur in the daylight hours

• The UASs will weigh less than 55 pounds

• Flights will be operated at 200 feet AGL or less

• PIC will have a hand held radio to monitor local air traffic for added safety

• Crew will be at a minimum of operator (PIC) and an observer and/or camera operator 

(VSO). Operator and crew will remain in contact during flight operations

• the UASs operator will perform a check of the flight area and make certain of the safety 

of all persons or potential persons in the area

• Consent will be obtained from all persons within the video capabilities of the UASs to 

reduce the chance of violating anyone’s privacy

• All UASs will have the capability to return automatically to the operator in a safe 

manner with the auto return function checked and working

• Flights will only operate in VFR conditions

• UASs have a function on the control to tell operator the distance away from the operator 

and the battery power remaining

• Flight team will communicate by voice and the use of two way radio if the area is too big 

to hear voice commands from all team members

• UASs will be used to videotape for commercial marketing programs for cities, towns, 

counties, associations, chambers of commerce and local businesses

• When operating over or near water the UASs will be equipped with rotation devices so 

that recovery can be made so as to prevent lithium battery exposure to the water table

14 CFR 61.113 Private Pilot Privileges and Limitations

14 CFR 61.133 Commercial Pilot Privileges and Limitations

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers and cargo, the UASs are remotely controlled with no passengers 

or property or others on board. Section 61.133(a) requires an individual with a commercial pilot’s 

license to be pilot in command of an aircraft for compensation or hire.

CGI respectfully requests that Operator requirements should take into account the characteristics of our 

particular UASs, which have a high degree of preprogrammed control and various built-in technical 

capabilities that strictly limit the potential for operations outside of the operating conditions set forth in 

the exemption application.

Given the safety features of CGI’s UASs, CGI proposes that Operators of its UASs should not be 

required to hold a commercial or private pilot certification. Instead, Operators should be required to 

have successfully completed, at a minimum, FAA private pilot ground instruction and passed the FAA 

Private Pilot written examination or FAA recognized equivalents; have completed the manufacturer’s 

or CGI’s training program for operation of the UAS.

Given these conditions and restrictions, the risks associated with the operation of the UASs are so 

diminished from the risk associated with private pilot operations or commercial operations 
contemplated by Part 61 with conventional aircraft that allowing operations of the UAS as set forth 

meets or exceeds the present level of safety provided under 14 CFR 61.113(a) & (b) and does not rise 

to the level of requiring a commercial pilot to operate the aircraft under Section 61.133(a).

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 CFR 91.9(b)(2) requires a Civil Aircraft Flight Manual in Aircraft. As there are no pilots or 

passengers, and given the size of the UASs, this regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining such certification and registrations at CGI headquarters. The 

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8738, 8738, 9299A, 

9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 CFR 91.109 Flight Instruction: Simulated instrument flight and certain flight tests

This regulation states that, “No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls.” Training will be conducted at a 

local Limited Access flying field. CGI has the ability to provide “dual controls” utilizing two 

transmitters with a wireless link between the transmitters. One transmitter is designated the master 

transmitter and the other transmitter is designated as a slave. The PIC instructor, utilizing the master 

transmitter, will be able at all times to assume control of the sUAV.

14 CFR 91.119 Minimum Safe Altitudes

General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle or structure. Since the typical mission of the sUAS would 

be photography or videotaping of persons, vessels, vehicles or structures, it would be necessary to 

operate closer than 500 feet to the items listed. Operations will only be flown over property or persons 

where permission has been obtained and careful pre-planned flight path has been performed. The 

aircraft will be operated at a low altitude, allowing an emergency landing without undue hazard to 

persons or property if, for example, a power unit fails. CGI maintains that, due to the small size of the 

UAS, the hazard to persons, vehicles, and structures is minimal compared to manned aircraft and 

should be considered in granting the exemption.

14 CFR 91.121 Altimeter Settings

This regulation requires that aircraft maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. The sUAS will always fly below 200 feet AGL and will not 

need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground 

Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS onboard 

computer to the display screen held by the PIC, providing a constantly updated AGL reading.

14 CFR 91.151 Fuel Requirements for flight in VFR conditions

This regulation provides that no person may begin a flight in an airplane under day-vFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 

minutes. CGI suggests that the intention of this regulation is to provide an energy reserve as a safety 

buffer for delays to landing. The sUAV is battery operated and the maximum duration of flight from a 

single battery charge is 12 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 

NM from the point of intended landing, a full battery charge at launch will ensure that we meet the 

reserve energy requirement of this paragraph. We request an exemption to the word “fuel” and ask for 
an equivalent interpretation with the word, “energy”.

14 CFR 91.203 (a&b) Civil aircraft: Certifications required

This Section mandates the carrying of civil aircraft certifications and registrations with the aircraft. 

This is unnecessary with UASs as the equivalent level of safety will be achieved by maintaining 

registrations and certifications at CGI headquarters.

14 CFR 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(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 shall between required inspections, except as provided in 

paragraph 9c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...” 

and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the Petitioner. Maintenance will be accomplished by the Operator or 

manufacturer pursuant to the flight manual and operating handbook. An equivalent level of safety will 

be achieved because these small UASs are very limited in size and will carry a very small payload and 

operate in defined areas for very limited periods of time. If mechanical issues arise, the UAS has the 

ability to land immediately as it will be operating at no higher than 200 AGL As provided in the 

Aircraft Flight Manual, the Operator will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the 

Operator and manufacturer are most familiar with the aircraft and best suited to maintain the aircraft in 

an airworthy condition to provide the equivalent level of safety. The FAA has granted exemptions for 

similar operations in Exemptions 11062 - 11067, 11080 and 11110.

Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: 

CGI Communications, Inc. seeks an exemption from the following rules: 14 CFR Part 61 113 (a) & (b);

14 CFR Part 61, 133; 14 CFR 91.7; 14 CFR 91.9(b)(2); 14 CFR 91.109; 14 CFR 91.119; 14 CFR 

91.121; 14 CFR 91.151; 14 CFR 91.203(a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 

91.409(a)(2) and 14 CFR 91.417(a) & (b).

Approval of this exemption request allows CGI to conduct commercial operations with small, 

lightweight unmanned aerial systems. CGI’s vision is to enhance safety os sUAS operations in the 

NAS while reducing risk to the general public and property owners.

The DJI sUAS’s weighing less than 55 pounds and powered by batteries, eliminates virtually all of the 

risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is transported to 

the designated mission area and set up there. 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 

this small UAS will provide an equivalent level of safety, supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of several regulations and 

allowing commercial operations. These lightweight sUAS’s operate at slow speeds close to the ground 

and in a safe and uncongested environment. As a result, they are far safer that conventional, fixed wing 

aircraft or helicopters heretofore utilized for the same commercial purposes.

If additional information is required, or if you should have any question in this regard, please contact 

the undersigned:

Robert J. Bartosiewicz, CEO, CGI Communications, Inc. 800 398-3029 bartosiewicz8@gmail.com