1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**PIXAIR PRODUCTIONS 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 O F** 

**INSPIRE 1 UNMANNED AIRCRAFT SYSTEM**  **PURSUANT TO SECTION 333 OF THE FAA MODER** **NIZATION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112**
**- 95)** 

Submitted on 23 January 2016

Brian Bills Pixair Productions LLC 542 W 1700 S Orem, Utah 84058 Phone: ( 801) 810

- 7876 brian@pixairpro.com2 **TABLE OF CONTENTS** GLOSSARY OF ABBREVIATIONS

................................ ................................ ............................ 3 SUMMARY

................................ ................................ ................................ ................................ .... 4 IN TRODUCTION AND INTERESTS OF THE PETITIONER

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

................................ ................................ ................................ ............................ 6 BASI S FOR PETITION

................................ ................................ ................................ ................. 7 A. Name And Address Of The Petitioner.

................................ ................................ ..................... 8 B. The Specific Sections Of 14 C.F.R. From Which Pixair Productions Seeks Exemption.

........ 8 C. The Extent Of Relief Pixair Productions See ks And The Reason Pixair Productions Seeks The Relief.

................................ ................................ ................................ ............................... 13 D. The Reasons Why

Granting Pixair Productions Request Would Be In The Public Interest; That I s, How It Would Benefit The Public As A Whole.

................................ ....................... 16 E. The Reasons Why

Granting The Exemption Would Not Adversel y Affect Safety, Or How The Exemption Would Provide A Level Of Safety At L east Equal To That Provided By The Rule From Which Pixair Productions Seeks Exemption.

................................ ....................... 18 CONCLUSION

................................ ................................ ................................ ............................. 333 **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 Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Sec tion 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UA Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** Pixair Productions seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.4 05(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Pixair Productions to operate an Unmanned Aircraft S ys tem (UA ) for the commercial purpose of conducting aerial video and ph otograph y over certain areas of the United States.5 **INTRODUCTION AND INTERESTS OF THE PETITIONER** My name is Brian Bills. I am the owner of Pixair Productions. I manage the aerial video services for Pixair Productions and lead a team of creative people who excel in providing various video services for customers all over the world. We have been providing aerial video services since 2010. Over the last several ye ars the technolog y has rapidl y evolved allowing man y e ntrants into the market. We maintain the position that our dozens of years of combined experience will allow us to not only operate in a safe manner but also give us a competitive advantage in the market space. To prov ide efficient and cost effective solutions as well as unique ideas for products, events, etc... we have transitioned from a custom piece of hardware to one that is commercially avail able (DJ I Inspire). The objective for my

petition is to provide high quality video and images for the following:

 Tourism

 Commercial Real Estate

 Cinematic Productions

 Sports

 Events

 Survey

/mapping6 **BACKGROUND** Unmanned Aircraft Sy stems: DJIInspire 1 UA Pixair Productions seeks an exemption to operate DJIs ys tems for compensation or hire within the NAS. The DJ I Inspire 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJ I Inspire 1 UA is equipped with four main rotors; driven by L ithium Poly

mer battery

powered electric motors. The DJ I Inspire 1 UA that will be operated b y Pixair Production s , will be regi stered 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

.7 **BASIS FOR PETITION** Petitione r, Pixair Productions , 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 Sy stems, hereby petitions the Admini strator to commerciall y operate the DJIInspire 1 UA in the National Airspace Sy stem (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). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Pixair Productions will show that operation of the DJ I Inspire 1 UA meets the conditions of FMRA Section 333 and theref ore, will not require an ai rworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Pixair Productions 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 for th requirements for maint enance that onl y appl y to aircraft with an airworthiness certificate. Pixair Productions submits that the requested relief is proper since an equivalent level of safety will be ensured. Pixair Productions will use experienced perso nnel or technicians to pe rform maintenance, alterations, or preventive maintenance on the UA using the methods, tec hniques, and practices prescribed in the operating documents (i.e., DJ I Inspire 1 Instruction and Maintenance Manual s ). Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y Pixair Productions to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate , as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Inspire 1 UA in a manner consistent with this exemption, including evasive and e mergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Pixair Productions seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, b ecause the DJ I Inspire 1 UA do not require an airworthines s certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Pixair Productions submits that they will ensure that the DJ I8

Inspire 1 UA is in an airworthy condition, prior to every

flight, by determining that the UA are in compliance with the op erating documents (i.e., DJI Inspire 1 Instruction Manual s ), and that the aircraft are in a condition safe for flight. Pixair Productions also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJIInspire 1 UA will not have a typical barometric altimeter onboard. However, altitude information of the DJ I Inspire 1 UA will be provided to the PI C 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 info rmation, combined with Pixair Productions operation of the DJ I Inspire 1 UA within visual line of sight, at or below 500 feet AGL , will ensure an appropriate level of safety equivalent to Section 91.121. Additionally , Pixair Productions seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Pixair Productions submits that safety will not be affected b y operation of the DJI Inspire 1 UA during daylight hours in vi sual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal c ruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Pixair Productions 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: Pixair Productions 542 W 1700 S Orem, Utah 84058 Attn: Brian Bills Phone: ( 801) 310

- 6176 Email: brian@pixairpro.com **B. The Specific Sections**  **O f 14 C.F.R. From Which**  **Pixair Productions Seeks**  **Exemption.**9

**1. Pixair Productions**  **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 (PI C) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. b. A private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or employ

ment if

— 1) The flight is onl y incidental to that business or employment; and 2) The aircraft does not carry passengers or property

for compensation or hire. 2. **Pixair Productions Seeks Exemption Fr**  **om 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.10

3. **Pixair Productions 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 re ference 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 paragr aph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or 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. **Pixair Productions Seeks Exemption From The Requirements Of Section 91.151(b).** 
Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

a. states the following: b. No person may

begin a flight in a rotorcraft under VFR con ditions unless (conside ring wind and forecast weather conditions) there is enough fuel to fl y to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 20 minutes.
5. **Pixair Productions 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

—11

a. Shall have that aircraft inspected as prescribed in subpart E of this part and shall b etween required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] 6. **Pixair Productions 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 b een approved for return to service b y a person authorized under § 43.7 of this chapter[.]
7. **Pixair Productions 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 retur

n to service by

a person authorized by

§ 43.7 of this chapter; or 2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. 8. **Pixair Productions 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 follo wing:12

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 sp ecified in paragraph (b) of this section: 1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airf rame) and each engine, prope ller, 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 life

- limited p arts of each airframe, engine, propeller, r otor, 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 b y 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 safet y directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.13 vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y 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 i s repeated or superseded b y other work or for 1 year after the work is performed. 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**  **Pixair Productions Seeks And The Reason**  **Pixair Productions Seeks The**  **Relief.** 1. **Extent Of Relief Pixair Productions**  **Seeks And The Reason Pixair Productions**  **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 holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UA 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 PI C of an aircraft in connection with any bus iness or emplo y

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more full y below, Pixair Productions submits that an equivalent level of safety wil l be maintained because no PI C will be allowed to operate the DJ I Inspire 1 UA unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PI C is able to14

safel y operate either the DJI Inspire 1 UA in a manner consistent wi th the operations specific ations as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Pixair Productions submits that all flights of the DJ I Inspire 1 UA , conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to Pixair Productions business; and (2) will not carry

passengers or property for compensation or hire. **2. Extent Of Relief**  **Pixair Productions Seeks And**  **The Reason Pixair Productions**  **Seeks Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent r equired to allow Pixair Productions to determine that the DJ I Inspire 1 UA are in airworth y condition prior to every

flight by ensuring that the UA is in compliance with the operating documents (i.e., DJ I Inspire 1 Instruction Manual s ). Pixair Productions seeks the requested relief because the DJ I Inspire 1 UA do not require an airworthiness certific ate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Pixair Productions will ensure that the DJ I Inspire 1 UA are in airworthy condition based upon its compl iance with the operating documents (i.e., DJ I Inspire 1 Instruction Manual s ) prior to ev ery flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief**  **Pixair Productions Seeks And The Reason**  **Pixair Productions Seeks Relief From Section 91.121.**  Relief f rom Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJIInspire 1 UA , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude information concerning UA operations be reported to air traffic control (ATC) in feet above ground level (AGL), Pixair Productions seeks the requested relief because the DJ I Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.15

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.1 21 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the DJIInspire 1 UA is equipped with a barometric pressure s ensor and GPS equipment, which automatically

ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Relief**  **Pixair Product ions**  **Seeks And The Reason Pixair Productions**  **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 DJ I Inspire 1 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal crui sing speed, to fly

after that for at least 4.5 minutes. Pixair Productions seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Inspire 1 UA will severel y constrain the practicality of any aerial video or still ph oto flight oper ations that Pixair Productions proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Inspire 1 UA , the DJ I Inspire 1 operating documents, and Pixair Productions’ proposed operating limitat ions, ensure that Pixair Productions will safely operate the battery

powered DJ I 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 13.5 mi nutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.
**5. Extent Of Relief**  **Pixair Productions Seeks And The Reason**  **Pixair Productions 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) onl y apply to aircraft with an airworthiness certificate, Pixair Productions requests relief from these Se ctions because the DJ I In spire 1 UA do not require airworthiness certificates. As set forth more fully below, the DJ I Inspire 1 UA meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Pixair Productions will use trained technicians to16

perform maintenance, alterations, or preventive maintenance on the UA using the methods, tec hniques, and practices pres cribed in the UA operating documents (i.e., DJ I Inspire 1 Instruction and Maintenance Manual s ). Furthermore, Pixair Productions wil l document and maintain all maintenance records for the DJ I Inspire 1 UA

. **D. The Reasons Why Granting**  **Pixair Productions Request Would Be In The Public Inte**  **r est; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest b y allowing Pixair Productions to safel y, efficientl y, and economically perform aerial video and photography for tourism, comme rcial real estate, mapping/surveying, sports, and events over cert ain areas of the United States. Additionally , use of the DJIInspire 1 UA will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy

. Notabl y, the benefits of Pixair Produ ctions’ proposed operation of the DJ I In spire 1 UA will be realized without implicating any priv acy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.**  The DJ I Inspire 1 UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft tra ditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Inspire 1 UA would reduce the amount of manned aircraft in the NAS, reduce noise and air p ollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. T he DJ I Inspire 1 UA do not require an airport to takeoff or land. Li kewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeof f, departure, arrival, and landing phases of flight oper ations. **2. The Public Will Benefit From The Safety And Efficiency Of The DJI Inspire 1**  **UA .**  Conducting aerial acquisitions with the DJIInspire 1 UA , instead of manned aircraft, will greatl y benefit the p ublic by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery

power17

and electric motors, the DJIInspire 1 UA produce no air pollution, and is the mos t viable env ironmentally

conscious alternative to the cabin class, six cylinder internal combustion engine ai rcraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. Th e DJIInspire 1 UA , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the DJ I Inspire 1 UA to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of fli ght crew members located onboard the aircraft, the DJ I Inspire 1 UA (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectivel y, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectivel y, widths of 16 inches and 17.7 inches respe ctiv e ly , and with no fuel on board), has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximatel y 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**  **UA Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Inspire 1 UA are also an economical altern ative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Inspire 1 UA will allow United States based companies, like Pixair Productions , to remain co mpetitive and contribute to growth of the U.S. economy . Specifically , with the rising cost of avi ation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out lea ded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology

in order to remain competitive. Operating the battery powered DJIInspire 1 UA 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. By operat ing the DJ I Inspire 1 UA , companies such as Pixair Productions , can remain co mpetitive and profitable, and therefore, provide greater job stability to employees and contractors,18

which will ultimately

contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJIInspire 1 UA , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for de cades, Pixair Productions ’s proposed operation of the DJ I Inspire 1 UA will not implicate any privacy issues. Specifically , the DJ I Inspire 1 UA will be operated onl y in compliance with operating documents (i.e., DJ I Inspire 1 Instruction Manual s ) which requires property owner involvement as well as local law enforcement notification, 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 Provi**  **d ed By The Rule From Which**  **Pixair Productions Seeks Exemption.**  **1. Reasons Why The**  **DJI Inspire 1 UA**  **Meet The Conditions Of The FAA Moderniz a**  **tion 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, Pixair Productions ’s operation of the DJIInspire 1 UA meet the conditions of FMRA Secti on 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 UA to operate without airworthiness certification and sets forth requirements for considering whether a UA will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security . Specificall y, FMRA Section 333 states the following, in part:

a. In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 da

ys after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the n a-19 tional airspace system before completion of the plan and rulemaking required by se ction 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 su bsection (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 certi fication 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 th e national airspace system.
In seeking this exemption, Pixair Productions submits that the DJIInspire 1 UA can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Inspire 1 UA ; (b) the pilot certification requirement; and (c) the specific operating limit ations.

**a. The Specifications Of The**  **DJI Inspire 1 UA**  **Demonstrate Its Safe Characteri s** 

**tics.** The DJ I Inspire 1 UA do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

.

**i) Technical Specifications Of The**  **DJI Inspire 1 UA**  **.** The technical specifications of the DJ I Inspire 1 UA are set forth b y the DJIInspire 1 Spec ifications and Data Sheet, attached hereto as Exhibit A.

**ii) The**  **DJI Inspire 1 UA**  **Autonomous Flight And Navigation Modes Enable The**  **UA To Remain Within A Defined Operational Area.** 20

The DJ I Inspire 1 UA may be operated in both manual and fully autonomous flight modes. A complete descript ion of the flight and navigational modes of the DJ I Inspire 1 UA is provided at pages 12

- 18 and 4 4

- 5 1 o f the DJ I Inspire 1 User Manual , attached hereto as Exhibit C

.

**iii) The**  **DJI Inspire 1 UA Are Designed For Automatic Return To Home**  **Point Or Hover In The Event Of Loss Of The Control Link Or Navig a**  **tion.** When the Control L ink is lost, the DJIInspire 1 UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Ins pire 1 UA do not reacquire control link data from the GCS, the UA will assume that the Control L ink is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete descrip tion of the Failsafe Functions of the DJ I Inspire 1 at pages 12

- 17 of the DJIInspire 1 User Manuals, attached hereto as Exhibit C

.

**iv) The**  **DJI Inspire 1 GCS**  **And Its Operation.** A complete description of the operation and specifications of the DJ I Inspire 1 GCS and flight control software is provided at pages 39 through 4 4 o f the DJ I Inspire 1 User Manual

. DJ I Inspire 1 User Manual is att ached hereto as Exhibits C

. **b. Flight Operations**  **Of DJI Inspire 1**  **UA Are Lim**  **ited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  Pixair Productions will only utilize certificated pilots who possess a current and valid Airman Medical C ertificate to act as a pilot in command (PIC) of the DJ I Inspire 1 UA . Additionally , a safety observer (SO) will assist all pilots during flight time.

**c. Flights Of**  **DJI Inspire 1 UA**  **Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Pixair Productions proposes to commerciall y operate DJ I Inspire 1 UA for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations:

1) Operations authorized b y this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UA weighing less than 5521 pounds maximum gross weight: DJ I Inspire 1 Unmanned Aircraft S ys tems. Proposed operations of an y other aircraft will require a new petition or a petition to amend this gr ant. 2) UA operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y. 3) The UA may

not be flown at an indicated airspeed exceeding 20 knots. 4) The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5) The UA must be operated within visual line of si ght (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as spe cified on the PIC’s FAA

- issued A irman M edical C ertificate. 6) The use of first person view (FPV) b y the PI C or s afety observer (SO) is not pe rmitted. 7) All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability . The SO and PI C must be able to communicate verbally at all tim es. Electronic me ssa g ing or texting is not permitted during flight operations. The PIC must be de signated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions pr escribed in the operating documents. 8) The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground base d 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 UA operations and made available to the Administrator upon request. If a di screpancy exists between the conditions and limitations contained in the grant of22 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 petit ions 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 ope rator must petition for amendment to its grant of exemption. The FAA’s UA Int egration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10) Prior to each flight the PIC must inspect the UA to ensure that it is in a condition for safe flight. If the inspection reve als a condition that affects the safe operation of the UA , the aircraft is prohibited from operating until the necessary maint enance has been performed and the UA 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 properl y documented in the aircraft records. 11) Any UA that has undergone maintenance or alterations that affect the UA operation or flight characteristics, e.g. replacement of a flight critic al 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 pre

- flight inspection must account for all potential discrepancies, e.g. inope rable components, items, or e quipment, not already covered in the relevant se ctions of the operating documents. 13) The operator must follow the UA manufacturer’s aircraft/component, maint enance, overhaul, replacement, inspection, and life limit requirements. 14) The operator must carry out i ts maintenance, inspections, and record keeping r equirements, in accordance with the operating documents. Maintenance, inspe ction, alterations, and status of replacement/overhaul component parts must be no t-23 ed in the aircraft records, including total time i n service, description of work a ccomplished, and the signature of the authorized person returning the UA to se rvice. 15) Each UA operated under this exemption must comply with all manufacturer Safety Bulletins. 16) The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17) The PI C must possess at least a private pilot certificate and at least a current third

class medical certificate. 18) The operator may

not permit any

PI C to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UA in a manner consistent with how the UA will be operated under the exemption, i ncluding evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C 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 PI Cs are permitted under the terms of the exemption. However, training operations may onl y be conducted during dedicated trai ning sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in a ccordance with 14 C.F.R. § 91.119. 19) UA 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 clo sest to propose d area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20) The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agre ement wi th that airport’s management is obtained, and the operation is conducted24 in accordance with a NOTAM as required b y the operator’s COA. The letter of agreement with the airport management must be made available to the Admini strator upon request. 21) The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PI C. 22) If the UA loses communications or loses its GPS signal, it must return to a pre

determined location wi thin the planned operating area and land or be recovered in accordance with the operating documents. 23) The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24) The PI C is prohibited from b eginning 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 Organi zation (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 ai rspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26) All aircraft operated in accordance w ith the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27) Before conductin g operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commi ssion (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 PI C at the Ground Control Station of the UA an y time the UA is operating.25 These documents must be made available to the Administrator or any law e nforcement official upon request. 29) The UA must remain clear and yi eld the right of way to all manned aviation ope rations and activities at all times. 30) The UA may

not be operated by

the PI C from any moving device or vehicle. 31) Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: i) Barriers or structures are present that sufficiently protect nonparticipating pe rsons 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 situ ation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; ii) The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C 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; iii) Operations nearer to the PI C, 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 controlled

- access property with permission from th e land owner/controller or authorized representative. Permi ssion from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y the applicable COA must be reported to the FAA ’ s UA Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instru ctions contained on the NTSB Web site: www.ntsb.gov.26

**2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And**  **(b) Would Not Adversely Affect Safety.**  Pixair Productions submits that the equivalent level of safety established b y Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Inspire 1 UA unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requir ements, that the PI C is able to safel y operate the DJI Inspire 1 UA in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Pixair Pro ductions ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills n ece ssary to safel y operate the DJIInspire 1 UA , Pixair Productions submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for Pixair Productions ’s specific propo sed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UA , in ci rcumstances 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). Pixair Productions will not allow any PIC to operate the DJ I Inspire 1 UA unless that PI C has demonstrated, b y meeting minimum flight

- hour requirements or the DJ I In spire 1 UA training and currency

requirements, that the PI C is able to safel y operate the DJ I Inspire 1 UA in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UA rotorcraft pilot (with a minimum of 5 hours of those hours as a UA pilot operating the same make and mo del of UA to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes).27

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 Pixair Productions ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained i n 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 PI C must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UA rotorcraft pilot including at least 10 hours logged as a UA pilot with a multi

- rotor UA

. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UA pilot operating the same make and model of UA to be used for operations under the e xemption. 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 i ncluded in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UA rotorcraft time. Ina ddition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the p receding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in E xemption No. 11062 are appropriate to practice and build proficiency i n the skills necessary t o safely c onduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemptio n to accomplish the required flight time. During training, proficiency , and e xperience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Pixair Productions will ensure safe operations b y not allowing any PIC to ope rate the DJ I Inspire 1 UA unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Inspire 1 UA in a manner28

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 b y Section 91.7(a) will be maintained because prior to every flight , Pixair Productions will ensure that the DJ I Inspire 1 UA is in an airworth y condition based upon the UA ’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 UA , 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.** The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Inspire 1 UA will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS f or active monitoring of the flight path and altitude. This altitude information, combined with Pixair Productions ’s operation of the DJ I Inspire 1 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established b y the UA at ground level. The FAA has previously

granted relief from S ection 91.121 specific to UA , 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, 1 1161).
**5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would**  **Not Adversely Affect Safety.**29

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 s pecifications of the DJ I Inspire 1 UA ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly , Pixair Productions will ensure that it will safely operate the battery

powered DJIInspire 1 UA during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal crui sing speed, to fly

after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I In spire 1 UA ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermo re, safety will be ensured as the DJ I Inspire 1 UA provide audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage, the first warning occurring at approx imately 33% remaining battery

power, and again at approximately 1 0% remaining battery

power. At the criticall y low battery level, the DJ I Inspire 1 UA will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UA 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 F AA has previously granted relief from Section 91.151 specific to UA , 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 exe mp tion, Pixair Productions 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 Pixai r Productions will use trained technicians to perform maintenance, alterations, or preventive30

maintenance on the UA using the methods, techniques, and practices prescribed in the operating documents (i.e., DJ I Inspire 1 Instruction and Maintenance Manual s ). Since the DJ I Inspire 1 UA will be inspected as prescribed b y the operating documents, Pi xair Productions will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Inspire 1 User M anuals is attached hereto as Exhibit C

. Likewise, the exemption sought will not adversel y affect safety because Pixair Productions will use trained technicians to perform maintenance, alterations or preventive maintenance on the UA using the methods, techn iques, and practices prescribed b y 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 DJ I Inspire 1 UA will be perf

ormed b y trained technicians. A copy of the DJ I Inspire 1 Maintenance Manual is attached hereto as Exhibit B

. 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) esta blish that safety is not adversel y affected when the technical characteristics and operating limitations of the UA are considered. In consideration of Pixair Productions ’s proposed operating limitations, the operating documents, and the technical aspects o f the DJ I Inspire 1 UA , Pixair Productions submits that safety will not be adversel y affected b y 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 speci fic to UA 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.** 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, Pixair Productions requests that the FAA pr escribe special c onditions for the intended operation of the DJ I Inspire 1 UA , 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),31

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 UA for the limited purpose of conducting ae rial 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 UA 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 UA to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UA in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21 .16, for operation of the DJ I Inspire 1 UA , 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 Condi tions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not co ntain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft e ngine 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 s tandards for the aircraft, aircraft engine or propeller
as the FAA finds necessary t o 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 Pixair Productions ’s intended operation of the DJIInspire 1 UA , 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 Sec tions 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). 1. **A Summary That Can Be Published In The Federal Register, stating: The Rules From Which**  **Pixair Productions Seeks Exemption:** 

Pixair Productions seeks exemption from the requirements of 14 C.F.R Sections32

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 Pixair Productions**  **Se eks:** 
This exemption will permit Pixair Productions to commercially operate an Unmanned Aircraft System (

UA ) for the purpose of conducting aerial video and photography over certain areas of the United States. **1. Any Additional**  **Information, Views, Or Arguments Available To Support Pixair**  **Productions ’s 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 UA may ope rate safely in the NAS. As such, Pixair Productions ’s 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 UA 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 UA to operate without airworthiness certification. As discussed in detail above, Pixair Productions w ill operate the DJ I Inspire 1 UA safel y 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, Pixair Productions 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 DJ I Inspire 1 UA commerciall y, without an airworthiness certificate, for the li mited 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 Pixair Productions to safely , efficiently , and economically operate the DJ I Inspire 1 UA commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Pixair Productions re spectfully 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 Pixair P roductions to operate the DJ I Inspire 1 UA commercially for the purpose of conducting aerial video and photograph y over certain areas of the United States.

Dated: 23 January

2016
Thank you, Brian Bills

Pixair Productions 542 W 1700 S Orem, UT 84058 Phone: ( 801) 810

- 7876 brian@pixairpro.com34 **EXHIBITS**

EXHIBIT A DJIInspire 1 Specs EXHIBIT B DJIInspire 1 Maintenance Manual EXHIBIT C DJIInspire 1 User Manual

https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_en _v2.0_1218.pdf