Tuesday, February 2, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave, SE., Washington, DC 20590

Petition for Exemption/ Rule making

To Whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14C.F.R. Part 11, on behalf of Tribe Enterprises, Benjamin O. Crawford, part 

owner of Tribe Enterprises, Inc. and owner/operator of small Unmanned Aircraft 

Systems ("sUAS") requests exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operations conducted within and under the conditions 

outlined herein or as established by the FAA as required by Section 333.

The requested exemption would permit the operation of a sUAS under specific 

conditions in airspace that is 1) limited 2) predetermined and 3) controlled.

Tribe Enterprises, Inc. is requesting a Section 333 exemption to allow for use of a sUAS 

for commercial operations while awaiting for the finalization of the small UAS rule. Tribe 

Enterprises, Inc. is a an electrical and construction company that has been serving the 

Central Florida area for over 35 years. We are wishing to expand our business in the 

area of aerial video and photography Industrial and Commercial construction sites, real 

estate, business advertising, landscapes, construction site process, private and public 

events, and general ariel video and photography services. We are requesting 

exemptions for 

Benjamin O. Crawford, part owner of Tribe Enterprises, Inc. owns a DJI Inspire 1 RC 

Drone QuadCopter with remote, GPS, and 4K camera that is currently registered 

through the FAA. Registration number N 631EB. In addition Greg Crawford, part 

owner of Tribe Enterprises, Inc. is a certified commercial pilot through the Department of 

Transportation Federal Aviation Administration. Certificate # 1893838.

Aircraft and Level of Safety:

1.) The UAS will remain under 55 lbs fully loaded.

2.) Flights will be operated within line of sight of a pilot and/or observer. No pilot nor 

passenger will be carried in the UAS. Tribe Enterprises will have a designated operator 

who will remotely pilot the UAS. UAS will be in visible sight of the operator at all times.

Page 1 of 7
3.) Flights will be operated at an altitude of no more than 400 feet at speeds not to 

exceed 50 miles per hour or the maximum operating airspeed recommended by the 

aircraft manufacturer, whichever is less.

4.) No operation will take place in Class A airspace (18,000 feet or above). Nor will 

Tribe Enterprises operate the UAS in Class B, C, D, or E airspace without ATC 

permission.

4.) Prior to each flight, the PIC will conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection will account for all potential

discrepancies, e.g. inoperable components, items, or equipment. 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.

5.) PIC flight hours will be logged in a manner consistent with 14CFR § 61.51(b). Flights 

for the purposes of training the operator’s PICs and VOs (training, proficiency, and 

experience-building) and determining the PIC’s ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption are 

permitted under the terms of this exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and 

experience building flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC will operate the UAS with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119.

6.) If the sUAS loses communications or it loses its GPS signal, the UAS will have 

capability to return to a pre-determined location within the Security Perimeter and land.

7.) The owner shall follow the UAS manufacturer’s maintenance, overhaul, replacement,

inspection, and life limit requirements for the aircraft and aircraft components.

8.) Pilot and observer will have been trained in the operation of UAS generally and 

received up to date information on the particular UAS. Visual Observer and PIC will at 

all times be able to communicate by voice or radio.

9.) Flights will take place during daylight hours only.

10.) Maximum flight time for each operation flight will be 15 minutes or less. Battery 

powering the DJI Inspire 1 provides approximately 30 min of powered flight. Tribe 

Enterprises, Inc. would limit the flight time per battery to 15 minutes which will allow the 

UAS to return to its planned landing zone from it’s operating area.

11.) Flights will be operated at an altitude of no more than 300 feet at ground level. This 

exemption requests authority to operate at no more than 300 feet above ground level 

where people will not be exposed to operations without their pre-obtained consent. No 

Page 2 of 7
flight will be taken without the permission of the property owner and will observe and 

follow all state and local regulations.

12.) Minimum crew for each operation will consist of the UAS pilot/operator and an 

observer.

13.) Flights will be operated by a trained pilot of Tribe Enterprises who is knowledgable 

of the airspace within the operation area, and has extensive knowledge of the DJI 

Inspire 1.

Below is a list of regulations from which Tribe Enterprises, Inc. seeks exemption, and a 

complete list of responsibilities Tribe Enterprises, Inc. assume as operator; it also 

contains information regarding the DJI Inspire 1 safety features.

Regulations from which the exemption is requested are:

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

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

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace system (NAS) before completion of the rule making 

required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of sUASs 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 UASs 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.

14 CFR Part 21, Subpart H: Airworthiness certificates

Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR Section 91.203 (a) (1). Given the size and 

limited operating area associated with sUAS to be utilized by Tribe Enterprises, an 

exemption is being requested. Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration 

of the size, weight, speed, operational capability, proximity to airports and populated 

areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that 

the UAS operated without an airworthiness certificate, in a restricted environment and 

14 CFR Part 21

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a)&(b)

14 CFR 91.405 (a)

14 CFR 91.407 (a)(1)

14 CFR 91.409 (a)(1) & (2)

14 CFR 91.417 (a) & (b)

Page 3 of 7
under the conditions proposed will be at least as safe, or safer, than conventional 

aircraft operating with an airworthiness certificate without the retractions and conditions 

proposed. The DJI Inspire 1 sUAS is less than 55 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable materials liquid fuels, and 

operates exclusively within a secured area.

14 CFR Section 45.23 (b). Marking of the aircraft

The DJI Inspire 1 sUAS has no entrance to a cockpit or pilot station on which the 

word(s) limited, restricted, etc. could be placed. Given the size of the UAS, 2 inch 

lettering is not possible. Appropriate sized lettering will be used to mark the aircraft 

registration number or other mandatory markings determined by the FAA.

14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilot in 

Command.

Because the UAS will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety by utilizing a trained operator under controlled and 

restricted conditions rather than having to have a commercial pilots Certificate to 

operate this small UAS. Unlike a conventional aircraft that carries a pilot and 

passengers, the sUAS is remotely controlled with no living sole onboard. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in 

advance. The risks associated with the operation of a sUAS are so less than that of a 

commercial operations contemplated with Part 61 when drafted, that allowing 

operations of the sUAS as requested with a recreational pilot as the PIC exceeds the 

present level of safety achieved by 14 C.P.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 an 

airworthy condition. As there will be no airworthiness certificate issued for this sUAS, 

should this exemption be granted, no FAA regulatory standard would exist for 

determining airworthiness.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

The sUAS, given its size and configuration has no ability or place to carry

such a flight manual on the aircraft, not only because there is no pilot onboard, 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 will have access to it.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of the flight. As the FAA approved rotorcraft flight manuals will not be 

provided; The Pilot in command will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data 

before initiation of flight.

Page 4 of 7
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 controlled aircraft, by their design do not 

have fully functioning dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functioning dual controls for a 

number of aircraft and for flight instruction in experimental aircraft.

See exemption Nos.5778K & 9862A. The equivalent level of safety provided by that 

neither a pilot nor passengers would be carried in the aircraft and by the size and speed 

of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes

Exemption is for the sUAS that is a helicopter and the exemption requests authority to 

operate at altitudes of up to 400 AGL, or not more than 200 feet above an elevated 

platform. The UAS will never operate higher than 400 AGL. It will

however be operated in a restricted area with a security perimeter, where buildings and 

people will not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight and speed of the 

UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the activity, all affected individuals will be aware of 

the planned flight operations.

14 C.F.R. §91.121 Altimeter Setting

The sUAS does not have a barometric altimeter, but instead a GPS altitude read out, so 

an exemption may be needed. An equivalent level of safety will be achieved

by the operator, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight, during takeoff and throughout flight.

14 C.F.R. §91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

The battery powering the sUAS provides approximately 30 minutes of powered flight. To 

meet the reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 15 minutes. In addition, the The DJI Inspire 1 has a fully integrated 

intelligent battery. When in flight, the battery power is shown live on the remote letting 

the PIC know how long the sUAS can continue to fly. Advanced algorithms calculate 

the distance of the aircraft and estimated time to return home letting the PIC know when 

it is time to fly back to the home point.

14 C.F.R. §91.155: Basic VFR weather minimums

All flights will be made in visual line of sight from the ground to an altitude of no more 

than 400 feet. The sUAS will never fly into or above the clouds while remaining within 

visual line of sight. Given the size and speed of the small UAS, operating under these 

conditions should be sufficient to mitigate risk.

Page 5 of 7
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The UAS fully loaded weighs no more than 55lbs and is operated without an onboard 

pilot. There is no ability or place to carry certification and registration documents or 

display them on the sUAS. An equivalent level of safety will be achieved by keeping 

these documents at the ground control point where the pilot flying the sUAS will have 

immediate access to them, to the extent they are applicable to the sUAS.

14 C.F.R. §91.215: ATC transponder and altitude equipment and use

All sUAS operations within the county at an altitude of 400 feet AGL will not enter any 

Class A, B or C airspace. Additionally, ATC transponder equipment would exceed the 

payload capacity for the sUAS and make flight impossible. Given the size, speed and 

altitude restriction of 400 feet AGL, the sUAS can operate safely within the county 

without entering or affecting aircraft in class A, B or C airspace. Furthermore, the DJI 

Inspire 1 has a No Fly Zone (NFZ) feature that will warn the PIC about areas where it is 

unsafe to operate. In certain locations, the device will automatically be prevented from 

takeoff, or if already in flight towards the location, will pause at the boundary and not 

enter.

14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b)

Maintenance will be accomplished by the operator. 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 immediately and will be operating from no higher than 

400 feet. 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 preformed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Public Benefit and Safety

Unmanned Aircraft System sUAVs are often seen as superior to helicopters as an aerial 

video gathering platform due to the smaller devices, cheaper equipment and personnel 

cost, reduced noise and as such, a much smaller environmental impact which promotes 

public safety; furthermore the operation of a small UAS (weighing less than 55lbs) 

conducted in the strict conditions outlined above will provide a level of safety supporting 

the grant of the Part 21 and allowing commercial operations. The UAS operates at slow 

speeds, close to the ground, in a controlled environment resulting in a very safe 

operation.

Some safety features of the DJI Inspire 1 are:

• Duel operator controls - When flying with a partner, the Master controller pilots the 

aircraft while the Slave controller moves the gimbal and camera’s direction. Both 

remote receive live data and video straight from the Inspire 1, but only the Master 

Page 6 of 7
controller sends commands to the aircraft. The Slaver controller must be linked to the 

Master via secure password to control the camera gimbal.

• Intelligent Power Management System technology shows the PIC that battery power 

status live while in flight. It also calculates for the PIC the distance of your aircraft, 

and estimated time to return home and signals when it is time to fly back to the home 

spot.

• Failsafe technology prevents our sUAS from flying in restricted airspace and alerts 

PIC when getting close to areas that are prohibited.

Sincerely,

Tribe Enterprises, Inc.

264 Almyra Drive

Lake Mary, FL 32746

tribeinc@outlook.com

(phone) 407-339-3300

Page 7 of 7