FAA Exemption Rulemaking

Section 333

Of The FAA Reform Act and Part 11

Prepared by

Stephen Barrante

September 17, 2015

Atomic Kid Studios, LLC

54 Paddock Place

Milford, CT 06461

203-258-5588

stephen@atomickidstudios.com

Aircraft Serial No.: W13DCC17030613

National Registration: N776AK

ICAO Aircraft Address Code: 52477533

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Atomic Kid Studios, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION

OF DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

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Submitted on September 17, 2015

TABLE OF CONTENTS

Page

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

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

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

BACKGROUND......................................................................................................................................................................5

BASIS FOR PETITION........................................................................................................................................................5

NAME AND ADDRESS OF PETITIONER.....................................................................................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ATOMIC KID STUDIOS

SEEKS EXEMPTION............................................................................................................................................................8

THE EXTENT OF RELIEF ATOMIC KID STUDIOS SEEKS AND THE REASON

ATOMIC KID STUDIOS SEEKS THE

RELIEF............................................................................................................11

THE REASONS WHY ATOMIC KID STUDIOS’ REQUEST WOULD BE IN THE PUBLIC

INTEREST.....14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY...16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........................................................30

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT

ATOMIC KID STUDIOS

REQUEST..................................................................................................................................31

CONCLUSION........................................................................................................................................................................33

APPENDICES...............................................................................................................................................

.......34

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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

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VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing





SUMMARY

ATOMIC KID STUDIOS seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b),

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b),

to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 (FMRA). This exemption will permit ATOMIC KID STUDIOS, LLC (here in

referenced as ATOMIC KID STUDIOS) to operate an Unmanned Aircraft System (UAS) for the

commercial purpose of conducting aerial video and photography of real estate, and landscape

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

ATOMIC KID STUDIOS provides their clients with professional photography, video and animation

services for the purpose of advertising and promotion. It is the intention that the use of the

Inspire 1 platform will provide aerial and low-altitude videography as part of our standard

equipment offering, and used, when appropriate to capture footage to supplement client video

shoots. Our clients / projects include small local businesses, national brands and companies,

non-profit, and real-estate interests. These shoots will only be carried out in controlled

production environments, under optimal conditions, at safe distances from talent, extras, staff or

crew, and in circumstances where the use of alternative equipment (e.g. chartered helicopter /

camera support, crane, jib or dolly) is prohibited by cost, size, scale or feasibility. It is NOT the

intention, nor desire, to film heavily populated events, venues, concerts, fairs, or weddings, or any

other locations already explicitly prohibited by local laws.

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BACKGROUND

Unmanned Aircraft Systems: DJI Inspire 1

ATOMIC KID STUDIOS seeks an exemption to operate DJI systems for compensation or hire

within the NAS. 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 Inspire 1 has a maximum gross weight of approximately 2935g, while having a length of

438mm, width of 1451mm, height of 301mm, and a maximum speed of approximately 2m/s. The

DJI Inspire 1 is equipped with four main rotors; driven by Lithium Polymer battery powered

electric motors.

The DJI Inspire 1 UAS that will be operated by ATOMIC KID STUDIOS will be registered in

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration

Marking.

BASIS FOR PETITION

Petitioner, ATOMIC KID STUDIOS, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

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

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

(NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a),

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

unmanned aircraft and its operation, ATOMIC KID STUDIOS operation of DJI Inspire 1 UAS

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness

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

Accordingly, ATOMIC KID STUDIOS requests relief from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate.

ATOMIC KID STUDIOS submits that the requested relief is proper since an equivalent level of

safety will be ensured. ATOMIC KID STUDIOS will use experienced personnel or technicians

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, ATOMIC KID STUDIOS 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 ATOMIC KID STUDIOS to the extent

necessary to allow a Pilot in Command (PIC) not holding a private pilot or higher level

certificate, or an airman medical certificate, but who has demonstrated, by meeting minimum

flight­ hour and currency requirements, 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.

ATOMIC KID STUDIOS seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the DJI Inspire 1 UAS does not require an airworthiness certificate in accordance with

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14 C.F.R. Part 21, Subpart H. As such ATOMIC KID STUDIOS submits that they will ensure

that the DJI Inspire 1 UAS is in an airworthy condition, prior to every flight, by determining that

the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and

DJI Inspire 1 Instruction Manual), and that the aircraft is in a condition for safe flight.

ATOMIC KID STUDIOS also seeks an exemption from the requirements of Section 91.121,

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

onboard. However, altitude information of the DJI Inspire 1 UA 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 GCS for active monitoring of the flight path. This altitude

information combined ATOMIC KID STUDIOS 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, ATOMIC KID STUDIOS seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. ATOMIC KID STUDIOS

submits that safety will not be affected by operation of the 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 approximately 15 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, ATOMIC KID STUDIOS provides the following

information in support of its petition for exemption:

A.​Name And Address Of The Petitioner.

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

Stephen Barrante

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Atomic Kid Studios

54 Paddock Place

Milford, CT 06461

stephen@atomickidstudios.com / 203-258-5588

B. The Specific Sections Of 14 C.F.R. From Which ATOMIC KID STUDIOS Seeks

Exemption.

1. ATOMIC KID STUDIOS Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections

(a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an

aircraft that is carrying passengers or property for compensation or hire; nor may that person, for

compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any

business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. ATOMIC KID STUDIOS Seeks Exemption From The Requirements Of Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3.​ATOMIC KID STUDIOS Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that

aircraft, as the case may be, by reference to an altimeter that is set, when operating­­

(1) Below 18,000 feet MSL, to­­

(i) The current reported altimeter setting of a station along the route and within 100 nautical

miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the

current reported altimeter setting of an appropriate available station; or

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(iii) In the case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before

departure.

4.​ATOMIC KID STUDIOS Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind

and forecast weather conditions) there is enough fuel to fly to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5.​ATOMIC KID STUDIOS Seeks Exemption From The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner

or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between

required inspections, except as provided in paragraph (c) of this section, have discrepancies

repaired as prescribed in part 43 of this chapter[.]

6. ATOMIC KID STUDIOS Seeks Exemption From ​The Requirements Of ​Section

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or

alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance,

rebuilding, or alteration unless­­

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

chapter[.]

7. ATOMIC KID STUDIOS Seeks Exemption From The Requirements Of Sections

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless,

within the preceding 12 calendar months, it has had ­­

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for

return to service by a person authorized by § 43.7 of this chapter; or

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(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of

this chapter.

8. ATOMIC KID STUDIOS Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner

or operator shall keep the following records for the periods specified in paragraph (b) of this

section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the

100­hour, annual, progressive, and other required or approved inspections, as appropriate, for

each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an

aircraft. The records must include­­

(i) A description (or reference to data acceptable to the Administrator) of the

work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for

return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each

rotor.

(ii) The current status of life­limited parts of each airframe, engine, propeller, rotor, and

appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last

inspection required by the inspection program under which the aircraft and

its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including,

for each, the method of compliance, the AD or safety directive number and revision date. If the

AD or safety directive involves recurring action, the time and date when the next action is

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major

alteration to the airframe and currently installed engines, rotors, propellers,

and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is

repeated or superseded by other work or for 1 year after the work is performed.

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(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with

the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter

shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief ATOMIC KID STUDIOS Seeks And The Reason ATOMIC KID

STUDIOS Seeks The Relief.

1. Extent Of Relief ATOMIC KID STUDIOS Seeks And The ATOMIC KID

STUDIOS Seeks Relief From Section 61.113(a) And (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 not holding a private pilot or higher

level certificate, nor a current and valid airman medical certificate, but has met certain

flight­hour and currency requirements, to conduct the proposed UAS flight operations for

compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any

business or employment if: (1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, ATOMIC KID STUDIOS 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 met certain flight­hour and currency requirements, demonstrating that the

PIC is able to safely operate 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, ATOMIC KID STUDIOS submits that all flights of the DJI Inspire 1 UAS, conducted

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

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

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2. Extent Of Relief ATOMIC KID STUDIOS Seeks And The Reason ATOMIC KID

STUDIOS Seeks Relief From Section 91.7(a).

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

required to allow ATOMIC KID STUDIOS to determine that the DJI Inspire 1 UAS is in

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

operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual).

ATOMIC KID STUDIOS seeks the requested relief because the DJI Inspire 1 UAS does not

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

ATOMIC KID STUDIOS will ensure that the DJI Inspire 1 UAS is 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 is in

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

3. Extent Of Relief ATOMIC KID STUDIOS Seeks And The Reason ATOMIC KID

STUDIOS Seeks Relief From 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 ATOMIC KID STUDIOS seeks the requested relief because the DJI 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.

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Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought

to the extent necessary to comply with the applicable conditions and limitations stated below. As

more fully set forth herein, an equivalent level of safety will be maintained since the DJI Inspire

1 UA is 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 heads­up display of the GCS.

4. Extent Of ATOMIC KID STUDIOS Seeks And The Reason ATOMIC KID

STUDIOS Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is

requested to the extent 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 15 minutes to the first point of intended landing and, assuming normal cruising

speed, to fly after that for at least 4.5 minutes. ATOMIC KID STUDIOS 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 ATOMIC KID STUDIOS 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 ATOMIC KID STUDIOS proposed operating limitations,

ensure that ATOMIC KID STUDIOS 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 4.5 minutes.

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5. Extent Of Relief ATOMIC KID STUDIOS Seeks And The Reason ATOMIC KID

STUDIOS Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft

with an airworthiness certificate, ATOMIC KID STUDIOS requests relief from these Sections because

the DJI Inspire 1 UAS does not require airworthiness certificates. As set forth more fully below, the DJI

Inspire 1 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, ATOMIC KID STUDIOS will use trained technicians to perform

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

practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1).

Furthermore ATOMIC KID STUDIOS will document and maintain all maintenance records for the DJI

Inspire 1 UAS.

D. The Reasons Why Granting ATOMIC KID STUDIOS Request Would Be In The Public

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting ATOMIC KID STUDIOS’ request for petition would allow for the acquisition of professional

aerial video and photography for commercial purposes, in a safe and economical manner.

Additionally, implementation of a safe and viable UAS will decrease congestion of the NAS, reduce

pollution, and benefit the economy. In addition, ATOMIC KID STUDIOS’ proposed operation of the DJI

Inspire 1 UAS will not cause privacy issues.

1. How The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Inspire 1 is a compact, electrically driven craft, and serves as an alternative to traditional methods

of aerial image acquisition, most notably full­sized manned aircraft. Reduced use of manned aircraft

results in a cleaner, quieter NAS. Allowing the use of a DJI Inspire 1 UAS would also increase the safety

of life and property on the air and the ground.

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Additionally, use of the DJI Inspire 1 would result in the decrease of congestion in and around airports, as

the DJI Inspire 1 does not require an air­traffic­controlled airport to take off or land. The reduction of

manned aerial photo and video missions would reduce the amount of flights air traffic control must

manage.

2. The Public Will Benefit from The Added Safety And Efficiency Of The DJI Inspire 1

UAS.

Traditional manned aerial video and photo missions generally require a six­cylinder internal combustion

engine craft, typically burning 20­30 gallons of fuel per hour. The DJI Inspire 1 is battery powered and

produces no emissions, making it an environmentally conscious, carbon neutral, alternative to traditional

methods. Additionally, the absence of an internal combustion engine in the DJI Inspire 1 significantly

reduces noise pollution during missions. Aside from the lack of flight crew members located onboard

manned aircraft, the DJI Inspire 1 UA (The Inspire 1 has a maximum gross weight of approximately

2935g, while having a length of 438mm, width of 1451mm, height of 301mm, and a maximum speed of

approximately 2m/s, 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 Operations With The DJI

Inspire 1 UAS Will Benefit The Economy.

By operating the DJI Inspire 1 UAS, companies such as ATOMIC KID STUDIOS, can remain

competitive and profitable, and therefore, provide greater job stability to employees and

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial

performance of U.S. companies, through commercial use of the DJI Inspire 1 UAS, provides a

stable workforce that increases consumer spending; improves local, state, and federal tax

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revenues; and allows companies to invest in research and development in order to remain

competitive both in the United States and abroad. In addition to being safe and efficient, the DJI

Inspire 1 UAS is also an economical alternative to using manned aircraft to conduct similar

aerial operations. As such, operation of the DJI Inspire 1 UAS will allow United States based

companies, like ATOMIC KID STUDIOS, to remain competitive and contribute to growth of the

U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and

operated companies must adopt new and alternative technology in order to remain competitive.

Operating the battery powered DJI Inspire 1 UASs is one such technology that not only allows

companies greater operational flexibility compared to manned aircraft, but provides such

flexibility without the high operational cost of a traditional manned aircraft.

4. There Are No Privacy Issues.

ATOMIC KID STUDIOS proposed operation of the DJI Inspire 1 for video and photo missions will not

cause any privacy issues. Property owner involvement and written permission, as well as notification of

local law enforcement, will be in compliance with operating documents (i.e., Monthly Maintenance Log,

and DJI Inspire 1 User Manual), and in accordance with the Federal Aviation Regulations, including the

minimum altitude requirements of 14 C.F.R. $ 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided

By The Rule From Which ATOMIC KID STUDIOS Seeks Exemption.

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1. Reasons Why The DJI Inspire 1 UA Meets The Conditions Of The FAA

Modernization and Reform Act of 2012 (FMRA) Section 333.

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

unmanned aircraft and its operation, ATOMIC KID STUDIOS operation of the DJI Inspire 1

UAS meets the conditions of FMRA Section 333, and will not require an airworthiness

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

Section 333 provides authority for a UAS to operate without airworthiness certification and sets

forth requirements for considering whether a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the

following, in part:

(a) In General.­­Notwithstanding any other requirement of this subtitle, and not later than 180

days after the date of enactment of this Act, the Secretary of Transportation shall determine if

certain unmanned aircraft systems may operate safely in the national airspace system before

completion of the plan and rulemaking required by section 332 of this Act or the guidance

required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.­­In making the determination under subsection

(a), the Secretary shall determine, at a minimum­­

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed,

operational capability, proximity to airports and populated areas, and operation within visual

line of sight do not create a hazard to users of the national airspace system or the public or pose

a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification

under section 44704 of title 49, United States Code, is required for the operation of unmanned

aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.­­If the Secretary determines under this section that certain

unmanned aircraft systems may operate safely in the national airspace system, the Secretary

shall establish requirements for the safe operation of such aircraft systems in the national

airspace system.

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In seeking this exemption, ATOMIC KID STUDIOS 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 UAS Demonstrate Its Safe

Characteristics.

The DJI Inspire 1 UAS does not create a hazard to users of the NAS or the public, or otherwise

pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Inspire 1 UAS.

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

Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Inspire 1 UAS Autonomous Flight And Navigation Modes Enable

The UASs To Remain Within A Defined Operational Area.

The DJI Inspire 1 UAS may be operated in various flight modes. A complete description of the

modes of the DJI Inspire 1 UAS is provided on page 12 of the DJI Inspire 1 user manual,

attached hereto as Exhibit B.

iii. The DJI Inspire 1 UAS is Designed For Automatic Return To Home 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 UAs will return to the

home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and

shutdown.

19
A complete description of the Failsafe Functions of the DJI Inspire 1 UAS are set forth on page

15 of the DJI Inspire 1 User Manual, attached hereto as Exhibit B.

iv. 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 at pages 44 through 52 of the DJI Inspire 1 Manual. DJI Inspire 1

User Manual is attached hereto as Exhibit B.

b. Flight Operations Of DJI Inspire 1 UAS is Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

ATOMIC KID STUDIOS will only utilize certificated pilots who possess a current and valid

airman medical certificate to act as a pilot in command (PIC) of the DJI Inspire 1 UAS.

Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Inspire 1 UAS Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, ATOMIC KID STUDIOS 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 UAs may not be flown at an indicated airspeed exceeding 20 knots.

20
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 documents unless a

special request is made and approved by ATC. All altitudes reported to ATC must be

in feet AGL.

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

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA­issued airman medical certificate.

6. The use of first person view (FPV) 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 (AFS­80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

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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, must undergo a functional

test flight. The PIC who conducts the functional test flight must make an entry in the aircraft

records.

12. The pre­flight 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 UAS operated under this exemption must comply with all manufacturer's 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 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 experience­building flights, all persons not essential

22
for flight operations are considered nonparticipants, and the PIC must operate the UA with

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

19. UAS operations may not be conducted during night, as defined in 14 C.F.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 FAA­published 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. Prior to conducting operations within 5

nautical miles of an airport, the PIC must contact the ATC using the procedure outlined in

Exhibit D.

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 pre­ determined

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.

23
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 documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC

at the Ground Control Station of the UAS any time the UAS is operating. These documents must

be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and

activities at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons

(persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and

structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If a

situation arises where nonparticipating persons leave such protection and are

within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission

and the PIC has made a safety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not

present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled­access property with written

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.

Sample of written permission form is attached as Exhibit E.

33. 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 (AFS­80) within 24 hours. Accidents must be reported to the National

24
Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And

(b) Would Not Adversely Affect Safety.

ATOMIC KID STUDIOS submits that the equivalent level of safety established by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Inspire 1

UAS unless that PIC has demonstrated, by meeting minimum flight­hour and currency

requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent

with the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Considering ATOMIC KID STUDIOS proposed area of operations, and the operating limitations

set forth­above; the nature of private pilot aeronautical knowledge requirements to those of

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary

to safely operate the DJI Inspire 1 UAS, ATOMIC KID STUDIOS submits that the additional

manned airmanship experience of a commercially or privately certificated pilot would not

correlate to the airmanship skills necessary for ATOMIC KID STUDIOS specific proposed flight

operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11158, 11159, 11160, 11161).

25
ATOMIC KID STUDIOS will not allow any PIC to operate the DJI Inspire 1 UAS unless that

PIC has demonstrated, by meeting minimum flight­hour requirements or the DJI Inspire 1 UAS

training and currency requirements, 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.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. §

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those

hours as a UAS pilot operating the same make and model of UAS to be used for operations under

the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and

landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was

obtained in compliance with applicable regulations will ensure an equivalent level of safety

during ATOMIC KID STUDIOS proposed operations. The Administrator has held that prior

documented flight experience that was obtained in compliance with applicable regulations would

ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a

manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot

including at least 10 hours logged as a UAS pilot with a multi­rotor UAS. Prior to operations

under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5

hours as a UAS pilot operating the same make and model of UAS to be used for operations under

the exemption. For clarification, the FAA considers these minimum hour requirements to be

inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours

of multi­rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft

time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in

the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight­hour

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the

skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that

26
prior documented flight experience that was obtained in compliance with applicable regulations

would satisfy this requirement. Training, proficiency, and experience­building flights can also be

conducted under the grant of exemption to accomplish the required flight time. During training,

proficiency, and experience­building flights the PIC is required to operate the UA with

appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly ATOMIC KID STUDIOS will ensure safe operations by not allowing any PIC to

operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum

flight­hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers

and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to

every flight, ATOMIC KID STUDIOS will ensure that the DJI Inspire 1 UAS is in an airworthy

condition based upon the UAS’s compliance with its operating documents and as stated in the

conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would

Not Adversely Affect Safety.

27
The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the DJI Inspire 1 UA will be provided to the PIC via GPS equipment and

a radio communications telemetry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path and altitude. This altitude information, combined with ATOMIC

KID STUDIOS operation of the DJI Inspire 1 UA within visual line of sight, at or below 400 feet

AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude

initiation point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157,

11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Inspire 1 UAS; (2) the

limitations on the proposed flight operations; and (3) the location of the proposed flight

operations. Accordingly, ATOMIC KID STUDIOS will ensure that it will safely operate the

battery powered DJI Inspire 1 UA during daylight hours in VFR conditions, 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 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire 1 UAS; the

limitations on the proposed flight operations; and the location of the proposed operations, will

28
ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore,

safety will be ensured as the DJI Inspire 1 UAS provide audible and visual warnings to the PIC

at the GCS when the UAs experiences low battery voltage, the first warning occurring at

approximately 33% remaining battery power, and again at approximately 10% remaining battery

power. At the critically low battery level, the DJI Inspire 1 UAS will descend and land

automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that

safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are considered. Relief has been granted for manned aircraft to operate at less than the

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650.

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not

Adversely Affect Safety.

In seeking this exemption, ATOMIC KID STUDIOS submits that the equivalent level of safety with

regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because ATOMIC KID STUDIOS

will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS

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

29
Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, ATOMIC KID STUDIOS will

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

Since the DJI Inspire 1 UAS will be inspected as prescribed by the operating documents, ATOMIC KID

STUDIOS will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1),

and 91.409(a)(2). A copy of the DJI Inspire 1 User Manual is attached hereto as Exhibit B, a copy of the

DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because ATOMIC KID STUDIOS will

use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using

the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections

91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Inspire 1 UAS will be performed by

trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance

log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the

technical characteristics and operating limitations of the UAS are considered.

In consideration of ATOMIC KID STUDIOS proposed operating limitations, the operating documents,

and the technical aspects of the DJI Inspire 1 UAS, ATOMIC KID STUDIOS submits that safety will

not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and

(a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

30
In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14

C.F.R. § 21.16 entitled Special Conditions, ATOMIC KID STUDIOS requests that the FAA prescribe

special conditions for the intended operation of the DJI Inspire 1 UAS, which contain such safety

standards that the Administrator finds necessary to establish a level of safety equivalent to that established

by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe

operation of the UAs for the limited purpose of conducting aerial video and photography over certain

areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for

considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a

threat to national security; and further, provides the authority for such UAS to operate without

airworthiness certification in accordance with any requirements that must be established for the safe

operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Inspire 1 UAS, since the airworthiness regulations of 14 C.F.R. Part 21

do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the

aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or

unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special

conditions and amendments thereto for the product. The special conditions are issued in

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft

engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that

established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special

conditions for Leading Edge’s intended operation of the DJI Inspire 1 UAS, which contain such safety

31
standards that the Administrator finds necessary to establish a level of safety equivalent to that established

by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules

From Which ATOMIC KID STUDIOS Seeks Exemption:

ATOMIC KID STUDIOS seeks exemption from the requirements of 14 C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption ATOMIC KID STUDIOS Seeks:

This exemption will permit ATOMIC KID STUDIOS to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain

areas of the United States.

G.​Any Additional Information, Views, Or Arguments Available To Support ATOMIC

KID STUDIOS Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS

may operate safely in the NAS. As such, ATOMIC KID STUDIOS request for exemption may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth

above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and

further, provides the authority for such UAS to operate without airworthiness certification.

32
As discussed in detail above, ATOMIC KID STUDIOS will operate the DJI Inspire 1 UAS

safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise

pose a threat to national security.

33
CONCLUSION

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

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe

operation of the DJI Inspire 1 UAS commercially, without an airworthiness certificate, for the limited

purpose of conducting aerial video and photography over certain areas of the United States. By granting

this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing

ATOMIC KID STUDIOS to safely, efficiently, and economically operate the DJI Inspire 1 UAS

commercially within the NAS.

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

Reform Act of 2012, Section 333, ATOMIC KID STUDIOS respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a)

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b),

and permit ATOMIC KID STUDIOS to operate the DJI Inspire 1 UAS commercially for the purpose of

conducting aerial video and photography over certain areas of the United States.

Dated: September 17, 2015

Respectfully submitted,

Stephen Barrante

September 17, 2015

Atomic Kid Studios

54 Paddock Place

Milford, CT 06461

stephen@atomickidstudios.com

34
Appendices:

A – DJI Inspire 1 Specifications Data Sheet

B – DJI Inspire 1 Manufacturer’s User Manual

C – Monthly Maintenance Log

D ­ ATC Contact Procedure

E ­ Sample Property Owner Permission Form

APPENDIX – A

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

ATOMIC KID STUDIOS only utilizes safe and reliable UASs. DJI is an industry leader in small UAS

production. DJI UASs are loaded with ground breaking software enabling the user to set parameters

which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher

than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In

addition, DJI software provides real­time altitude and location information to the PIC via the linked

monitor (smart phone/tablet devices)

1.1 DJI INSPIRE 1

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5700mAh LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2935g

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .5m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity ­ 1500/s

1.1.1.5 Max Tilt Angle ­ 350

1.1.1.6 Max Ascent Speed – 5m/s

1.1.1.7 Max Descent Speed – 4m/s

1.1.1.8 Max Flight Speed – 22m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Angular Vibration Range ­ ±0.030

1.1.2.3 Controllable Range – Pitch: ­900­ 300

1.1.2.4 Maximum Controllable Speed – Pitch: 1200/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range ­ 320F ­ 1040F (00C ­ 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 12.4M

1.1.3.4 Resolution – 4000x3000

4.1.3.5 Video Recording – 1080p30 & 720p (HD) & 2160p (UHD)

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4.1.3.6 Recording Field of View ­ 940

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.725GHz – 5.825GHz; 2.400­2.483 GHz

1.1.4.2 Communication Distance (unobstructed) – 2km

1.1.4.3 Transmitter Power – FCC Compliance: 9w

1.1.5 Vision Positioning

1.1.5.1 Velocity Range ­ Below 8 m/s

1.1.5.2 Altitude Range ­ 5­500cm

1.1.5.3 Operating Range ­ 0­250cm

APPENDIX – B

DJI INSPIRE 1 Manufacturer’s User Manual (Download)

APPENDIX – C

FLIGHT SAFETY LOG

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UAS: N776AK Date Issue

Discovered

Date Issue

Resolved

Description

and

Maintenance

Performed by:

Firmware

Updates

Airframe

Motors

Propellers

Camera

Supports

Other:

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APPENDIX D ­ ATC CONTACT PROCEDURE

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APPENDIX E

PROPERTY OWNER RELEASE FORM

Date__________________

Name of Program:_______________________________________________________

Shooting Location (Address):_______________________________________________________

Shooting Date(s):________________________________________________________

I hereby agree that ATOMIC KID STUDIOS ("Producer") may operate an Unmanned Aerial System

(UAS) on my owned property and within the airspace above no more than 400 feet in altitude.

I agree that I have been sufficiently briefed on the safety procedures put forth by ATOMIC KID

STUDIOS, implemented to protect the operators and observers of aerial photo and video

operations, as well as ATOMIC KID STUDIOS’ liability insurance coverage as it pertains to UA

systems, effective on this date of operation. This includes the risk of damage to life and property.

I own or manage the Property. By signing this release, I hereby give the Photographer and

Assigns my permission to use the Images depicting the Property in any Media, for any purposes,

which may include, among others, advertising, promotion, marketing and packaging for any

product or service. I agree that the Images may be combined with other images, text and graphics

and cropped, altered or modified. I agree that I have no rights to the Images, and all rights to the

Images belong to the Photographer and/or Assigns.

I acknowledge and agree that I have no further right to additional Consideration or accounting,

and that I will make no further claim for any reason to Photographer and/or assigns. I

acknowledge and agree that this release is binding upon my heirs, assigns and any other person

claiming an interest in the Property. I represent and warrant that I am at least 18 years of age. I

have the full legal capacity and right to execute this release and grant the rights herein granted

with respect to the Property, and to bind all persons claiming an interest in the property,

I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I

AM AWARE THAT THIS IS A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.

Accepted and agreed:

Name:___________________________________

Signature:________________________________ Date: _____________________

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