### United States of America

Department of Transportation Federal Aviation Administration Washington DC

IN THE MATTER OF THE PETITION FOR EXEMPTI ON OF : ARI C L COLBERT FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERALREGULATIONS SECTI ONS 61.113(a) & (b), 91.7(a), 91.9(b) (2), 91.119 , 91.121, 91.151(b), 91.203(a) (b), 91.405(a), 91.407(a) (1), 91.409(a) (1) & (a) (2), 91.417(a) (b) CONCERNING COMMERCIAL OPERATI ON OF DJ I INSPIRE 1 AND DJIPHANTOM 2 VI SION PLUS UNMANNED AI RCRAFT SYSTEMS PURSUANT TO SECTI ON 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

ARI C L COLBERT 6953 NI CHOLS CREEK DR. JACKSONVILLE, FL 32222 (904) 600

- 2247 ariccolbert@gmail.com

## TABLE OF CONTENTS **PAGE**

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

SUMMERY

............................................................................................................ ..4

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

BACKGROUND .......................................................................................................4

BASI S FOR PETITION ..............................................................................................5

NAME AND ADDRESS OF PETITIONER ..................................................................6

SECTI ONS OF 14 C.F.R WHI CH ARIC COLBERT SEEKS FOR EXEMPTI ON FROM..6

THE EXTENT OF RELIEF ARIC COLBERT SEEKS ANDTHE REASON ARI C COLBERT SEEKS THE RELIEF

............................................................................................... 10

PUBLIC BENEIFT ...................................................................................................11

SAFETY CONCERNS ..............................................................................................12

CONCLUSIONS ......................................................................................................13

CHECKLI STS .........................................................................................................14

DJII NSPIRE 1 SPEC SHEET....................................................................................15

DJIPHANTOM 2 VI SION PLUS SPEC SHEET ............................................................18



### 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 Statio n GPS Global Positioning Sy stem 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) SO Safety

Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing DJIUAV manufacturer ESC Electronic speed controlFPV First Person View

LI

- PO L ithium Poly

mer battery RCV Radio Controlled vehicle



### SUMMARY

ARI C L COLBERT seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a),91.9(b) (2), 91.119, 91.121, 91.151(b), 91.203(a) (b), 91.405(a), 91.407(a) (1), 91.409(a) (1) & (a) (2), 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 ARI C L COLBERT to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography for commercial and residential real estate and events over certain areas of the United States.



### INTRODUCTION AND INTERESTS OF TH **E PETITIONER**

ARIC COLBERT has been flying and R/C aircraft for over five ye ars , devoted primarily to UAS. I have a perfect safety record with 100 ’s of hours on the DJI Inspire 1 and DJI Phantom 2 vision plus . For several years I have provided free services relates to aerial photography and videography. I wish to expand on this and offer professional services at cost
to customers. In the past I have supplied clients aerial video and photography using commercia l aircra ft. The objective of ARIC COLBERT and my Unmanne d Aircraft Sy stem (DJI Inspire 1 ) ( DJ I Phantom 2 vision plus ) aerial operations is to provide a more affordable, high

- quality

production sy stem for a variety of commercial, public, and residential us es, specifically targeting

• Real

- estate marketing • Civic landmarks • Special event coverage

**BACKGROUND**

Unmanned Aircraft Systems: DJI Inspire 1

, DJIPhantom 2 vision plus UASARIC COLBERT seeks an exemption to operate DJI Inspire 1 system for compensation or

hire within the NAS. The DJI Inspire 1

, DJIPhantom 2 vision plus is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 has a maximum gross weight of approximately

2935g with battery while having a diagonal dime nsion of 559 to 581mm , a maximum speed of approximately 22 m/s and a maximum flying h eight of 400'. The DJI Inspire 1 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. UA that will be operated b y AR IC COLBER T 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, The DJ I Phantom 2 Vision Plus has a maximum gross weight of approximate ly

2 pounds 13 ounces, while having a length of 16 inches width of 16inches, height of 8 inches, and a maximum speed of approximately 31 knots. The DJ I Phantom2 Vision Plus UA is equipped with four main rotors; driven by L ithium Poly

mer battery powered ele ctric motors. The DJ I Phantom 2 Vision Plus UA Id entification and Registration Marking that 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 1 4C.F.R. Part 45, I dentification and Registration Marking.



### BASIS FOR PETITION

Petitioner, ARI C COLBERT , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernizat ion and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Sy stems, hereby

petitions the Administrator to commercially operate the DJI Inspire 1

, DJIPhantom 2 Vision Plus UAS in the National Airspace S ys tem (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, ARIC COLBERT operation of DJ I Inspire 1, DJ I Phantom 2 Vision Plus 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. Accordingl y, ARIC COLBERT 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 onl y appl y to aircraft with an airworthiness certificate. ARI C COL BERT submits that the requested relief is proper since an equivalent level of safety

will be ensured. ARIC COLBERT will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, t echniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g, and DJI Inspire 1 , DJ I Phantom 2 Vision Plus Instruction Manual). Furthermore, ARIC COLBERT will document and maintainall maintenance records for the DJ I Inspir e 1 , DJ I Phantom 2 Vision Plus UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y ARI C COLBERT to the extent necessary

to allow a Pilot in Command (PI C) h olding 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 safel y operate the DJ I Inspire 1 , DJIPhantom 2 Visio n Plus UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. ARI C COLBERT seeks relief from Section 91.7(a), entitled Civil aircraft

a irworthiness, because the DJ I Inspire 1

, DJ I Phantom 2 Vision Plus UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, ARI C COLBERT submits that he will ensure that the DJ I Inspire 1 , DJIPhantom 2 Vision Plus UAS is an airworth y condition, prior to every flight, b y determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Inspire 1 , DJ I Phantom 2 Vision Plus In struction Manual), and that the aircr aft is in a condition for safe flight. ARI C COLBERT also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJ I Inspire 1 , DJ I Phantom 2 Vision Plus UA will not have a ty

pical barometric altimeter onboard. Howev er, altitude information of the DJI Inspire 1 Plus UA will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. T his altitude information, combined with ARI C COLBERT’s operation of the DJ I Inspire 1 , DJIPhantom 2 Vision Plus UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safet y equivalent to Section 91.121.Additionally , ARI C COLBER T seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. ARI C COLBERT submits that safety will not be affected by

operation of the DJIInspire 1

, DJ I Phantom 2 Vision Plus UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, ARI C COLBERT provid es 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: ARI C COLBERT 6953 nichols creek dr.Jacksonville, Florida 32222

904

- 600

- 2247 ariccolbert@gmail.com



### B. The Specific Sections Of 14 C.F.R. From Which **ARIC COLBERT Seek** **s Exemption.** 

1. ARI C COLBERT Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled P rivate 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 propert y 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 PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is on ly

incidental to that business or employ ment; and (2) The aircraft does not carry

passengers or propert y for compensation or hire.



### 2. ARIC COLBERT Seeks Exemption From The Requirements Of **Section 91.7(a).** Section 91.7, entitled Civil aircraft airworthines s, subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworth y condition.



### 3. ARIC COLBERT 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, b y reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL , to

-- (i) T he 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 ap propriate 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. ARIC COLBERT Seeks Exemption From The Requirements Of **Sec tion 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. ARIC COLBERT 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. ARIC COLBERT 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 b y a person authorized under § 43.7 of this chapter[.]



### 7. ARIC COLBERT 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 se ction, 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 b y 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. ARIC COLBERT 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 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) andeach 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 life

- limited 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 ti me 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 safet y directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safet y directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major al teration 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 re tained until the work is repeated or superseded b y other work or for 1 ye ar 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 ARIC COLBERT Seeks And The Reason **ARI C COLBERT Seeks The Relief.** 

**1. Extent Of Relief ARIC COLBERT Seeks And The Reason ARIC COLBERT**  **Seek s 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 requ ested 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 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 PI C of an aircraft in connection with any business or employ

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

or propert y for compensation or hire. As set forth more full y below, ARIC COLBERT submits that an equivalent level of safety will be maintaine d because no PIC will be allowed to operate the DJIInspire 1 , DJ I Phantom 2 vision plus UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PI C is able to safely operate either the DJI Inspire 1, DJ I Phantom 2 vision plus UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintain ARI C COLBERT submits that all flights of the DJ I Inspire 1

, DJ I Phantom 2 vision pl us UAS, conducted b y the PI C pursuant to the grant of this Petition: (1) will be incidental to ARI C COLBERT’s business; and (2) will not carry passengers or property

for compensation or hire.



### 2. Extent Of Relief ARIC COLBERT Seeks Relief And The Reason **AR IC COLBERT 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 ARIC COLBERT to determine that the DJ I Inspire 1

, DJI Phantom 2 vision plus UAS is in airworthy co ndition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the ARI C COLBERT Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 , DJ I Phantom 2 vision plus

Instruction Manual). ARI C COLBERT seeks the requested relief because the DJ I Inspire 1 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, ARI C COLBERT will ensure that the DJ I Inspire 1 UAS is in airworthy

condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Inspire 1 , DJI Phantom 2 vision plus In struction 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 **ARIC COLBERT Seek** **s And The Reason ARIC COLBERT**  **Seek s Relief From Section 91.121.** 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Inspire 1 , DJ I 2 vision plus UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link todownlink altitude information from the UA to the PI C at the ground control station

(GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), ARI C COLBERT seeks the requested relief because the DJI Inspire 1 , DJ I Phantom 2 plus UA’s altimeter may

be set on the ground to ze ro feet AGL, rather than the local barometric pressure or field altitude, before each flight. 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 safet y will be maintained since the DJ I 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 heads

- up display of the GC S 

### 4. Extent Of Relief ARIC COLBERT Seeks And The Reason **ARIC COLBERT 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, DJ I Phantom 2 Vision Plus UA during daylight hours in visual meteorological co nditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. ARI C COLBERT seeks the requested relief because wi thout an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Inspire 1, DJ I Phantom 2 Vision Plus UA will severel y constrain the practicality of an y aerial video or still photo flight operations that ARIC COLBERT proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS, the DJ I Inspire 1, DJIPhantom 2 Vision Plus operating documents, and ARI C COLBERT’s proposed operati ng limitations, ensure that ARIC COLBERT will safel y operate the battery

powered DJ I Inspire 1, DJ I Phantom 2 Vision Plus 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 minutes 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 ARIC COLBERT Seeks And The Reason **ARIC COLBERT 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, ARI C COLBERT requests relief from these Secti ons because the DJ I Inspire 1, DJIPhantom 2 Vision Plus UAS does not require airworthiness certificates. As set forth more fully below, the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS meet the conditions of FMRA Section 333 for operation without an airw orthiness certificate. Accordingl y, ARIC COLBERT will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the ARI C C OLBERT Aerial Operations Manual, Monthly Maintenance Log, and DJIInspire 1, DJ I Phantom 2 Vision Plus Instruction Manual). Furthermore, ARI C COLBERT will document and maintain all maintenance records for the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS.



### 5. Extent Of Relief ARIC COLBERT Seeks And The Reason **ARIC COLBERT 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 appl y to aircraft with an airworthiness certificate, ARI C COLBERT requests relief from these Sections because the DJ I Inspire 1, DJIPhantom 2 Vision Plus UAS does not require airworthiness certificates. As set forth more fully below, the DJ I Inspire 1, DJ I Ph antom 2 Vision Plus UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, ARIC COLBERT will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the ARI C COLBERT Aerial Operations Manual, Monthly Maintenance Log, and DJIInspire 1, DJ I Phantom 2 Vision Plus Instruction Manual). Furthermore, ARI C COLBERT will document and maintain all maintenance records for the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS. D. The Reasons Why

Granting ARIC COLBERT Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petitio n will further the public interest b y allowing ARI C COLBERT to safel y, efficientl y, and economically perform aerial video and photograph y of construction sites, real estate, and landscape over certain areas of the United States. Additionally , use of the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS will decrease congestionof the NAS, reduce pollution, and provide significant benefits to the economy . Notabl y,

the benefits of ARIC COLBERT’s proposed operation of the DJ I Inspire 1, DJI Phantom 2 Vision Plus UA S will be realized without implicating an y privacy issues.



### 1. **The Public Will Benefit From Decreased Congestion Of The NAS.**

The DJ I Inspire 1, DJ I Phantom 2 Vision Plus UA is battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Inspire 1, DJ I Phantom 2 Vision Plus UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution,

as well as increase the safety of life and propert y 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. The DJ I Inspire 1, DJIPhantom 2 Vision Plus UA does not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.



### 2. **The Public Will Benefit From The Safety And Efficiency Of The DJI Inspire 1** 

, 

### DJI **Phantom 2 Vision Plus UAS.**

Cond ucting aerial acquisitions with the DJIInspire 1, DJIPhantom 2 Vision Pl us UAS, instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the DJ I Inspire 1, DJIPhantom 2 Vision Plus UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypically utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Inspire 1, DJIPhantom 2 Vision Plus UA, while reducing the carbon footprint of aeria l acquisitions, also eliminates noise pollution, as the UA is propelled b y battery powered electricmotors, rather than an internal combustion engine.

By using the DJ I Inspire 1, DJIPhantom 2 Vision Plus UAS to perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Inspire 1, D JIPhantom 2 Vision Plus UA (weighing approximately 6lb 4.7 oz , 2lb 11 oz , , 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 m anned aircraft that ty

picall y 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** 

, 

### DJI Phantom 2 Vision Plus UAS Will Benefit The **Economy.**

In addition to being safe and efficient, the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire 1, DJ I Phantom 2 Vision Plus UAS will allow United States based companies, like ARI C COLBERT, to remain competitive and contribute to growth of the U.S. economy . Specifically , with the rising cost of aviati on 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 DJ I Insp ire 1, DJIPhantom Vision Plus UAS 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 oper ating the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS, companies such as ARI C COLBERT, can remain competitive and profitable, and therefore, provide greater job stability

to employ ees and contractors, which will ultimately contribute to growth of the U.S. econom y. Improved financial performance of U.S. companies, through commercial use of the DJI Inspire 1, DJ I Phantom 2 Vision Plus UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allow s 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

decades, ARI C COL BERT’s proposed operation of the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS will not implicate any

privacy issues. Specificall y, the DJIInspire 1, DJ I Phantom 2 Vision Plus UAS will be operated onl y in compliance with operating documents (i.e., the ARI C COLBERT Aerial Operations Manual, Monthly Maintenance Log, and DJIInspire 1, DJ I Phantom 2 Vision Plus Instruction Manual) which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviatio n 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**  **ARIC COLBERT Seek** **s Exemption.**  **1. Reasons Why The DJI Phantom 2 Vision Plus UA Meet 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, ARIC COLBERT ’s operation of the DJIInspire 1, DJIPhantom 2 Vision Plus UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance wi th 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 an y other requirement of this subtitle, and not later than 180 day s after the date of enactment of this Act, the Secretary of Transpo rtation shall determine if certain unmanned aircraft s ys tems may operate safel y in the national airspace s ys tem before completion of the plan and rulemaking required b y s ection 332 of this Act or the guidance required b y section 334 of this Act. (b) Assess ment of Unmanned Aircraft S ys tems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

—(1) which t ypes of unmanned aircraft s ys tems, if any , as a result of their

size, weight, speed, operational capability , proxi mity 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 s ys tems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft sy stems may operate safely

in the national airspace s ys tem, the Secretary

shall establish requirements for the safe operation of such aircraft s ys tems in the national airspace sy stem. In seeking this exempt ion, ARI C COLBERT submits that the DJIInspire 1, DJIPhantom 2 Vision Plus UAS 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, DJ I Phantom 2 Vision Plus UAS; (b) the pilot certi fication requirement; and (b) the specific operating limitations.



### a. The Specifications Of The **DJI Inspire 1, DJI Phantom 2 Vision Plus**  **UAS Demonstrates Its Safe Characteristics.** 

The DJ I Inspire 1, DJ I Phantom 2 Vision Plus 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,**  **DJI Phantom 2 Vision Plus UAS.** 

The technical specifications of the DJ I Inspire 1, DJIPhantom 2 Vision Plus UAS are set forth by the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS User Manual, attached here to as Appendix A.



### ii. The **DJI Inspire 1, DJI Phantom 2 Vision Plus UAS Autonomous**  **Flight And Navigation Modes Enable The UAS To Remain Within A**  **Defined Operational Area.**

The DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS may be operated in both manual andfully

autonomous flight modes. A complete description of the flight and navigation al modes of the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS is provided at pages 26

- 36 of the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS User Manual, attached hereto as Appendix A.



### iii. The **DJI Inspire 1, DJI Phantom 2 Vision Plus UAS IS Designed For**  **A utomatic Return To Home Point Or Hover In The Event Of Loss**  **Of The Control Link Or Navigation.**

When the Control L ink is lost, the DJIInspire 1, DJIPhantom 2 Vision Plus UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJIPhantom 2 Vision Plus 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., failsa fe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Inspire, DJ I Phantom 2 Vision Plus UAS are set forth at pages 31 through 34 of the DJ I Inspire 1 , DJIPhantom 2 Vision Plu s User Manual, attached hereto as Appendix A.



### iv. The **DJI Inspire 1, DJI Phantom 2 Vision Plus UAS GCS And Its**  **Operation**

A complete description of the operation and specifications of the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS GCS and flight control software is provided at pages 42 through 60 of the DJ I Phantom 2 Vision Plus User Manual. DJIInspire 1, DJ I Phantom 2 Vision Plus User Manuals are attached here to as Appendix A.



### b. Flight Operations Of **DJI Inspire 1, DJI Phantom 2 Vision Plus**  **UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command**  **With A Safety Observer.** 

ARI C COLBERT will contract a licensed pilot to act as a pilot in command (PI C) of the DJIInspire 1, DJ I Phantom 2 Vision Plus UAS. Additionally

, ARI C COLBERT w ill act as a safety

observer to assist the contracted pilot during flight time.



### c. Flights Of **DJI Inspire 1, DJI Phantom 2 Vision Plus UAS Will Be** 

### Conducted

**Pursuant To Specific Operating Limitations**

In S eeking this exemption, ARI C COLBERT P roposes to commerciall y operate DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS 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 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: Unmanned Aircraft Sy stem. Proposed operations of an y other aircraft will require a n ew 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 UA M ay not be flown at an indicated airspeed exceeding 20 knots. 4. The UA M ust be operated at an altitude of no more than 500 feet above ground level (AGL), as indic ated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All A ltitudes reported to ATC M ust be in feet AGL. 5. The UAs M ust be operated within visual line of sight (VLOS) of the PI C At all times. This R equires the PI C T o be able to use human vision unaided by an y device other than
corrective lenses, as specified on the PI C’s FAA

- °© issued A irman medical certificate.
6. The U se of first person view (FPV) by the PI C O r 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 Alway s maintains V LOS capability. The SO And PI C Must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the dur ation of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based obs tacles/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

exist s 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 ope rator 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 u pon 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 exe mption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C 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 properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or alter ations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C 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. 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 UASs operated unde r this exemption must comply with all manufacturer Safet y 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

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y 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 mann er 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, profic iency , 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 accordance with 14 C.F.R. §91.119.

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 agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as re quired by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator 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 vi sibility 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 within 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 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 conduct ing an y 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 accord ance 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 accordan ce 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 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 Statio n of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y 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 protectnonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipati ng 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 operat ed 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 safet y assessment of the risk of operating closer to those objects and determin ed that it does not present an undue hazard, and; c. 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 ove r private or controlled

- access property with 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. 33. Any incident, acci dent, 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 (AFS

- 80) within 24 hours. Accidents must be reported to the Nationa l Transportation Safet y 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.**

ARI C COLBERT submits that the equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS unless that PI C has demonstrated, by meeting min imum flight

- hour and
currency requirements, that the PI C is able to safely operate the DJ I Inspire 1, DJI Phantom 2 Vision Plus UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances f rom people, vessels, vehicles and structures. Considering ARIC COLBERT ’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 requi rements (See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS, ARI C COLBERT submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for ARI C COLBERT ’s 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 presente d herein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

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

ARI C COLBERT will not allow any PIC to operate the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS training and currency requirements, that the PI C is able to safel y operate the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS 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 wi th 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 PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (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 safet y during ARIC COLBERT ’s 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 Exemp tion 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 r otorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C 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 multi

- rotor time and the 10 ho urs may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for
currency purposes). The FAA finds that at a minimum, the flight

- hour requi rements 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 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 exemption to accomplish the required flight time. During training, proficiency, and experience

- 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, ARIC COLBERT will ensure safe operations b y not allowing any PI C to operate the DJ I In spire 1, DJ I Phantom 2 Vision Plus UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision Plus UAS in a manner consistent with the exemption, including evasive and eme rgency 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 safet y established b y Sec tion 91.7(a) will be maintained because prior to every

flight, ARIC COLBERT will ensure that the DJ I Inspire 1, DJIPhantom 2 Vision Plus UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the con ditions 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).



### 5. **Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.** 

The equivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Inspire 1, DJ I Phantom 2 Vision Plus 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 for a ctive monitoring of the flight path and altitude. This altitude information, combined with ARI C COLBERT ’s operation of the DJ I Inspire 1 , DJIPhantom 2 Vision Plus UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equi valent 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 by

the UASs at ground level. The FAA has previously

gr anted 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, 11 158, 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 resu lt of (1) the technical specifications of the DJ I Inspire 1, DJIPhantom 2 Vision Plus UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, ARIC COLBERT will ensure that it will saf

el y operate the battery

powered DJ I Inspire 1, DJ I Phantom 2 Vision Plus 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 cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I In spire 1, DJ I Phantom 2 Vision Plus UAS; the limitations on the proposed flight operations; and the location of the proposed operat ions, will ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Inspire 1, DJIPhantom 2 Vision Plus UAS provide audible and visual warnings to the PI C at the GCS when the UAs
exper iences low battery

voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery

power. At the criticall y low battery level, the DJ I Inspire 1, DJIPhantom 2 Vision Plus UAS will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has bee n 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 Exe **mption 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, ARI C COLBERT submits that the equivalent level of safet y with regard to the regulato ry 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 ARI C COLBERT will use trained technicians to perform maintenance,alterations, or preventive maintenance on the UASs using the methods, techniques, and

practices prescribed in the operating documents (i.e., the ARIC COLBERT Aerial Operations Manual, Monthly Maintenance Log, and DJIInspire 1, DJ I Phantom 2 Vision Plus Instruction Manual). Furtherm ore, ARIC COLBERT will document and maintain all maintenance records for the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS. Since the DJ I Inspire 1, DJIPhantom 2 Vision Plus UAS will be inspected as prescribed by the operating documents, ARI C COLBERT will maintain the equivalent level of safet y established b y Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJIPhantom 2 Vision Plus UAS User Manual is attached hereto as Appendix A and B;
a cop y of the DJ I Inspire 1, DJIPhantom 2 Vision Plu s UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversel y affect safety because ARI C COLBERT will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the met hods, techniques, and practices prescribed b y the operating documents. Likewise, the exemption sought will not adversel y affect safety because ARI C COLBERT will use trained technicians to perform maintenance, alterations or preventive maintenance on the UA S using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Inspire 1, DJ I Phantom 2 Vision Plus UAS will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y 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 adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of ARI C COLBERT ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS, ARI C COLBERT submits that safet y 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 previousl y 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, 111 10, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).



### 6. **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 e ntitled Special Conditions, ARI C COLBERT requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2 Vision Plus UAS, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y 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 photograph y 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 DJ I Inspire 1, DJ I Phantom 2 Vision Plus UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safet y 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 re gulations 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 p rescribes 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 safet y 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 Le ading Edge’s intended operation of the DJIInspire 1, DJIPhantom 2 Vision Plus UAS which contain such safet y standards that the Administrator finds
necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, an d 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 Summary That Can Be Published In The Federal Register, **stating: The Rules From Which** ARI C COLBERT 

### Seek**s Exemption:**A RI C COLBERT 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 **ARIC COLBERT**  **Seek s:** 

This exemption will permit ARI C COLBERT to commerciall y operate an Unmanned Aircraft Sy stem (UAS) for the purpose of conducting aerial video and photograph y over certain areas of the United States.



### • Any Additional Information, Views, Or Arguments Availab **le To Support**  **ARIC C OLBERT**  **Request. This** 

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, ARIC COLBERT ’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 UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y; and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, ARI C COLBERT will operate the DJ I Inspire 1, DJI Phantom 2 V ision Plus UAS safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y.



### CONCLUSION

As set forth herein, ARIC COLBERT 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, DJIPhantom 2 Vision Plus UAS commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photogr aphy 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 ARIC COLBERT to safel y, efficiently , and economicall y operate theDJIInspire 1, DJ I Phantom 2 Vision Plus UAS commercially within the NAS.



### WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, ARI C COLBERT respectfull y 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 L eading Edge to operate the DJ I Phantom 2 Vision Plus UAS commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States.

Respectfully

submitted, ARI C COLBERT 6953 Nichols Creek dr. Jacksonville, FL32222 904 600 2247



## Appendices:

A

– DJ I Inspire 1 (see http://www.dji.com/product/inspire

- 1/info#specs or http://wiki.dji.com/en/index.php/Inspire_1 B

– DJ I Phantom 2 V ision Plus Manual (See http://wiki.dji.com/en/index.php/Phantom_2_Vision%2B

E

– Monthly

Maintenance L og (available upon request)