United States of America

Department of Transportation

Federal Aviation Administration

Washington DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF :

 ARIC L COLBERT

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),91.9(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 OPERATION 

OF DJI INSPIRE 1 AND DJI PHANTOM 2 VISION PLUS UNMANNED AIRCRAFT 

SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND 

REFORM ACT OF 2012 (PUBLIC LAW 112-95)

 ARIC L COLBERT

 6953 NICHOLS CREEK 

DR.

 JACKSONVILLE, FL 32222

 (904) 600-2247

 ariccolbert@gmail.com

 
 

 TABLE OF CONTENTS PAGE

GLOSSARY OF ABBREVIATIONS 

...........................................................................3

SUMMERY 

............................................................................................................

..4

INTRODUCTION AND INTERESTS OF PETITIONER 

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

BACKGROUND 

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

BASIS FOR PETITION 

..............................................................................................5

NAME AND ADDRESS OF PETITIONER 

..................................................................6

SECTIONS OF 14 C.F.R WHICH ARIC COLBERT SEEKS FOR EXEMPTION 

FROM..6

THE EXTENT OF RELIEF ARIC COLBERT SEEKS ANDTHE REASON ARIC 

COLBERT SEEKS THE RELIEF 

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

PUBLIC BENEIFT 

...................................................................................................11

SAFETY CONCERNS 

..............................................................................................12

CONCLUSIONS 

......................................................................................................13

CHECKLISTS 

.........................................................................................................14

DJI INSPIRE 1 SPEC SHEET 
....................................................................................15

DJI PHANTOM 2 VISION 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 Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

DJI UAV manufacturer

ESC Electronic speed control
FPV First Person View

LI-PO Lithium Polymer battery

RCV Radio Controlled vehicle

 SUMMARY 

ARIC 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 System 

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA). This exemption will permit ARIC L COLBERT to operate an Unmanned 

Aircraft System

(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 THE PETITIONER 

ARIC COLBERT has been flying and R/C aircraft for over five years, 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 

commercial aircraft. The objective of ARIC COLBERT and my Unmanned Aircraft System 

(DJI Inspire 1) (DJI Phantom 2 vision plus) aerial operations is to provide a more 

affordable, high-quality production system for a variety of commercial, public, and 

residential uses, specifically targeting 

• Real-estate marketing 

• Civic landmarks 

• Special event coverage 

 BACKGROUND 

Unmanned Aircraft Systems: DJI Inspire 1, DJI Phantom 2 vision plus UAS 
ARIC COLBERT seeks an exemption to operate DJI Inspire 1 system for compensation or 

hire within the NAS. The DJI Inspire 1, DJI Phantom 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 dimension of 559 to 581mm, a 

maximum speed of approximately 22 m/s and a maximum flying height 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 by ARIC COLBERT 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 DJI Phantom 2 Vision Plus has a maximum gross

weight of approximately 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 DJI 

Phantom2 Vision Plus UA is equipped with four main rotors; driven by Lithium Polymer 

battery powered electric motors. The DJI Phantom 2 Vision Plus UA Identification 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 14C.F.R. Part 45, Identification and Registration Marking.

 BASIS FOR PETITION

Petitioner, ARIC COLBERT, pursuant to the provisions of the Federal

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform

Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft

Systems, hereby petitions the Administrator to commercially operate the DJI Inspire 1, 

DJI Phantom 2 Vision Plus UAS in the National Airspace System (NAS), and for an 

exemption

from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

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

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

unmanned aircraft and its operation, ARIC COLBERT operation of DJI Inspire 1, DJI 

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.

Accordingly, 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 only apply to aircraft with an airworthiness certificate.

ARIC COLBERT 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, techniques, and practices prescribed in the operating

documents (i.e., Monthly Maintenance Log, and DJI Inspire 1, DJI Phantom 2 Vision 

Plus

Instruction Manual). Furthermore, ARIC COLBERT will document and maintain
all maintenance records for the DJI Inspire 1, DJI 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 by ARIC COLBERT to

the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher

level certificate, as well as an airman medical certificate, and who has demonstrated, by

meeting minimum flight- hour and currency requirements, that the PIC is able to safely

operate the DJI Inspire 1, DJI 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.

ARIC COLBERT seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS does not 

require an

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

ARIC COLBERT submits that he will ensure that the DJI Inspire 1, DJI Phantom 2 

Vision Plus UAS is an airworthy condition, prior to every flight, by determining that the

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

and DJI Inspire 1, DJI Phantom 2 Vision Plus Instruction Manual), and that the aircraft is 

in a

condition for safe flight. ARIC COLBERT also seeks an exemption from the 

requirements of Section

91.121, entitled Altimeter Settings, as the DJI Inspire 1, DJI Phantom 2 Vision Plus UA 

will not have a typical barometric altimeter onboard. However, altitude information of the 

DJI

Inspire 1 Plus UA will be provided to the PIC via Global Positioning System (GPS)

equipment and radio communications telemetry data link, which downlinks

from the UA to the GCS for active monitoring of the flight path. This altitude 

information,

combined with ARIC COLBERT’s operation of the DJI Inspire 1, DJI Phantom 2 Vision 

Plus UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of 

safety equivalent to Section 91.121.Additionally, ARIC COLBERT seeks an exemption 

from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. ARIC COLBERT submits that safety will not be affected by operation of the 

DJI Inspire 1, DJI 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

cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, ARIC COLBERT 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:

ARIC 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

Seeks Exemption.

1. ARIC COLBERT Seeks Exemption From The Requirements Of

Section 61.113(a) And (b).

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

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

(a) No person who holds a private pilot certificate may act as a pilot in

command (PIC) of an aircraft that is carrying passengers or property for

compensation or hire; nor may that person, for compensation or hire, act as PIC

of an aircraft.

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

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and (2) The aircraft 

does not carry passengers or property for compensation or hire.

2. ARIC COLBERT Seeks Exemption From The Requirements Of

Section 91.7(a).

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

following:

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

3. 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, by reference to an altimeter that

is set, when operating--

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

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

within 100 nautical miles of the aircraft;

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

of this section, the current reported altimeter setting of an appropriate

available station; or

(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

Section 91.151(b).
Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

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

(considering wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 20 minutes.

5. 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 by 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 section, no person may operate

an aircraft unless, within the preceding 12 calendar months, it has had --

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

been approved for return to service by a person authorized by § 43.7 of this

chapter; or

(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) and
each engine, propeller, rotor, and appliance of an aircraft. The records must

include--

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

the work performed; and

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

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

aircraft for return to service.

(2) Records containing the following information:

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

and each rotor.

(ii) The current status of 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 time

since the last inspection required by the inspection program under

which the aircraft and its appliances are maintained.

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

safety directives including, for each, the method of compliance, the AD

or safety directive number and revision date. If the AD or safety

directive involves recurring action, the time and date when the next

action is required.

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

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

propellers, and appliances.

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

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained

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

work is performed.

(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

ARIC COLBERT Seeks The Relief.

1. Extent Of Relief ARIC COLBERT Seeks And The Reason

ARIC COLBERT 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

UAS flight operations for compensation or hire. This relief is requested since the 

limitations set

forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, 

act as

PIC of an aircraft in connection with any business or employment if: (1) The flight is 

only

incidental to that business or employment; and (2) The aircraft does not carry passengers 

or

property for compensation or hire. As set forth more fully below, ARIC COLBERT 

submits that

an equivalent level of safety will be maintained because no PIC will be allowed to 

operate the

DJI Inspire 1, DJI Phantom 2 vision plus UAS unless that PIC has met certain flight-hour 

and currency requirements, demonstrating that the PIC is able to safely operate either the 

DJI Inspire 1, DJI 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 ARIC COLBERT submits that all flights of the DJI 

Inspire 1, DJI Phantom 2 vision plus UAS, conducted by the PIC pursuant to the grant of 

this Petition: (1) will be incidental to ARIC 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

ARIC 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 DJI Inspire 1, DJI Phantom 2 

vision plus UAS is in airworthy condition prior to every flight by ensuring that the UAS 

is in compliance with the operating documents (i.e., the ARIC COLBERT Aerial

Operations Manual, Monthly Maintenance Log, and DJI Inspire 1, DJI Phantom 2 vision 

plus

Instruction Manual).

ARIC COLBERT seeks the requested relief because the DJI Inspire 1 UAS

does not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. Therefore, ARIC COLBERT will ensure that the DJI Inspire 1 

UAS is in airworthy condition based upon its compliance with the

operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1, DJI Phantom 2 

vision plus Instruction Manual) prior to every flight, and further, determine that the 

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

3. Extent Of Relief ARIC COLBERT Seeks And The Reason

ARIC COLBERT Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight

operations of the DJI Inspire 1, DJI 2 vision plus UAS, which utilize a barometric

pressure sensor, GPS equipment, and a radio communications telemetry data link to
downlink altitude information from the UA to the PIC at the ground control station 

(GCS). Since the FAA requires that any altitude information concerning UAS operations 

be reported to air traffic control (ATC) in feet above ground level (AGL), ARIC 

COLBERT seeks the requested relief because the DJI Inspire 1, DJI Phantom 2 plus

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. Considering the limited altitude 

of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary

to comply with the applicable conditions and limitations stated below. As more fully set 

forth herein, an equivalent level of safety will be maintained since the DJI Inspire 1 UA 

is equipped with a barometric

pressure sensor and GPS equipment, which automatically ensures that a ground level

pressure setting will be established prior to each flight, and provides the PIC with altitude

information of the UA on the heads-up display of the GCS

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 DJI Inspire 1, DJI 

Phantom 2 Vision

Plus 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 cruising speed, to fly after that for at least 4.5 minutes.

ARIC COLBERT seeks the requested relief because without an exemption from

Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1, DJI 

Phantom 2 Vision Plus UA

will severely constrain the practicality of any aerial video or still photo

flight operations that ARIC COLBERT proposes to conduct pursuant to this

Petition.

Significantly, as set forth below, the technical specifications of the DJI Inspire 1, DJI 

Phantom 2 Vision Plus

UAS, the DJI Inspire 1, DJI Phantom 2 Vision Plus operating documents, and

ARIC COLBERT’s proposed operating limitations, ensure that ARIC COLBERT will 

safely

operate the battery powered DJI Inspire 1, DJI 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 fly 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) only

apply to aircraft with an airworthiness certificate, ARIC COLBERT requests

relief from these Sections because the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS 

does not

require airworthiness certificates. As set forth more fully below, the DJI Inspire 1, DJI 

Phantom 2 Vision Plus

UAS meet the conditions of FMRA Section 333 for operation without an airworthiness 

certificate.

Accordingly, 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 ARIC COLBERT Aerial

Operations Manual, Monthly Maintenance Log, and DJI Inspire 1, DJI Phantom 2 Vision 

Plus Instruction

Manual). Furthermore, ARIC COLBERT will document and maintain all maintenance 

records

for the DJI Inspire 1, DJI 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) only

apply to aircraft with an airworthiness certificate, ARIC COLBERT requests

relief from these Sections because the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS 

does not

require airworthiness certificates. As set forth more fully below, the DJI Inspire 1, DJI 

Phantom 2 Vision Plus

UAS meet the conditions of FMRA Section 333 for operation without an airworthiness 

certificate.

Accordingly, 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 ARIC COLBERT Aerial

Operations Manual, Monthly Maintenance Log, and DJI Inspire 1, DJI Phantom 2 Vision 

Plus Instruction

Manual). Furthermore, ARIC COLBERT will document and maintain all maintenance 

records

for the DJI Inspire 1, DJI 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 Petition will further the public interest by allowing ARIC 

COLBERT to

safely, efficiently, and economically perform aerial video and photography of 

construction sites,

real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS will decrease 

congestion
of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, 

the

benefits of ARIC COLBERT’s proposed operation of the DJI Inspire 1, DJI Phantom 2 

Vision Plus UAS will

be realized without implicating any privacy issues.

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

The DJI Inspire 1, DJI 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, DJI 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 property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion

around airports caused by arriving and departing aircraft will be reduced. The DJI Inspire 

1, DJI Phantom 2 Vision Plus UA does not require an airport to takeoff or land. Likewise, 

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, 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.

Conducting aerial acquisitions with the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS, 

instead of

manned aircraft, will greatly benefit the public by drastically 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 DJI Inspire 1, DJI Phantom 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 typically utilized for 

aerial

video and photography, while burning approximately 20-30 gallons per hour of leaded 

aviation

fuel. The DJI Inspire 1, DJI Phantom 2 Vision Plus UA, while reducing the carbon 

footprint of aerial

acquisitions, also eliminates noise pollution, as the UA is propelled by battery powered 

electric
motors, rather than an internal combustion engine.

By using the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS 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 flight crew members located onboard 

the

aircraft, the DJI Inspire 1, DJI Phantom 2 Vision Plus UA (weighing approximately 6lb 

4.7 oz , 2lb 11 oz, , and with no fuel on board), has less physical potential for collateral 

damage to life and property on the ground, and in the air, compared to the manned 

aircraft that typically conduct similar operations

(weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a 

length of 34

feet, and a fuel capacity of 180 gallons)

3. Performing Aerial Video and Photography Operations With The 

DJI Inspire 1, DJI Phantom 2 Vision Plus UAS Will Benefit The 

Economy.

In addition to being safe and efficient, the DJI Inspire 1, DJI 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, DJI Phantom 2 Vision Plus UAS will allow United 

States

based companies, like ARIC COLBERT, to remain competitive and contribute to

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

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded 

aviation

fuels, U.S. owned and operated companies must adopt new and alternative technology in

order to remain competitive. Operating the battery powered DJI Inspire 1, DJI Phantom 

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 operating the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS, companies such as 

ARIC COLBERT, can remain competitive and profitable, and therefore, provide greater 

job stability to employees and contractors, which will ultimately contribute to growth of 

the U.S. economy. Improved financial performance of U.S. companies, through 

commercial use of the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS, 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

decades, ARIC COLBERT’s proposed operation of the DJI Inspire 1, DJI Phantom 2 

Vision Plus UAS will

not implicate any privacy issues. Specifically, the DJI Inspire 1, DJI Phantom 2 Vision 

Plus UAS will be

operated only in compliance with operating documents (i.e., the ARIC COLBERT Aerial

Operations Manual, Monthly Maintenance Log, and DJI Inspire 1, DJI Phantom 2 Vision 

Plus Instruction

Manual) 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

Provided By The Rule From Which ARIC COLBERT Seeks 

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 DJI Inspire 1, 

DJI Phantom 2

Vision Plus UAS meet the conditions of FMRA Section 333, and will not require an 

airworthiness

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

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

and sets

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

NAS or the

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

states the

following, in part:

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

later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may operate

safely in the national airspace system before completion of the plan and

rulemaking required by section 332 of this Act or the guidance required by section

334 of this Act.

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

under subsection (a), the Secretary shall determine, at a minimum—
(1) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sight do not create a

hazard to users of the national airspace system or the public or pose a

threat to national security; and

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

airworthiness certification under section 44704 of title 49, United States

Code, is required for the operation of unmanned aircraft systems identified

under paragraph (1).

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

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

the Secretary shall establish requirements for the safe operation of such aircraft systems

in the national airspace system.

In seeking this exemption, ARIC COLBERT submits that the DJI Inspire 1, DJI Phantom 

2 Vision Plus UAS

can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) 

the

characteristics of the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS; (b) the pilot 

certification 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 DJI Inspire 1, DJI 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 DJI Inspire 1, DJI Phantom 2 Vision Plus UAS are set 

forth by

the DJI Inspire 1, DJI 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 DJI Inspire 1, DJI Phantom 2 Vision Plus UAS may be operated in both manual and 
fully

autonomous flight modes. A complete description of the flight and navigational modes of

the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS is provided at pages 26-36 of the DJI 

Inspire 1, DJI 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

Automatic Return To Home Point Or Hover In The Event Of Loss

Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Inspire 1, DJI Phantom 2 Vision Plus UA will 

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 

Vision Plus UA

do not reacquire control link data from the GCS, the UA will assume that

the Control Link 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 description of the Failsafe Functions of the DJI Inspire, DJI Phantom 2 

Vision Plus UAS are set

forth at pages 31 through 34 of the DJI Inspire 1 , DJI Phantom 2 Vision Plus 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 DJI Inspire 1, DJI 

Phantom 2 Vision Plus

UAS GCS and flight control software is provided at pages 42 through 60 of the DJI 

Phantom 2

Vision Plus User Manual. DJI Inspire 1, DJI 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.

ARIC COLBERT will contract a licensed pilot to act as a pilot in command (PIC) of the

DJI Inspire 1, DJI Phantom 2 Vision Plus UAS. Additionally, ARIC COLBERT will 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 Seeking this exemption, ARIC COLBERT Proposes to commercially operate DJI 

Inspire 1, DJI Phantom 2 Vision Plus UAS for the special purpose of conducting aerial

video and photography over certain areas of United States, Pursuant to the following 

specific operating limitations:

1. Operations Authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotorcraft UASs weighing less than 55

pounds maximum gross weight: Unmanned Aircraft System. Proposed

operations of any other aircraft will require a new petition or a petition to amend this

grant.

2. UAS operations under this exemption will be

limited to conducting operations for the purpose of aerial video and photography.

3. The 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 by ATC. All Altitudes reported to ATC Must be in

feet AGL.

5. The UAs Must be operated within visual line of sight (VLOS) of the PIC At all times.

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

corrective lenses, as specified on the PIC’s FAA-°©issued Airman medical certificate.

6. The Use of first person view (FPV) by the PIC Or safety observer (SO) is not 

permitted. 

7. All Operations must utilize a safety observer (SO). The SO May be used to satisfy the 

VLOS Requirement as long as the PIC Always maintains VLOS capability.

The SO And PIC Must be able to communicate verbally at all

times. Electronic messaging or texting is not permitted during flight operations. The

PIC must be designated before the flight and cannot transfer his or her

designation for the duration of the flight. The PIC must ensure that the SO can

perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with

seeing and avoiding other air traffic and other ground based

obstacles/obstructions and is not permitted to operate the camera or other

instruments.

9. The operating documents and the grant of exemption must be accessible

during UAS operations and made available to the Administrator upon request. If

a discrepancy exists between the conditions and limitations contained in the

grant of exemption and the procedures outlined in the operating documents, the

conditions and limitations contained in the grant of exemption take precedence

and must be followed. Otherwise, the operator must follow the procedures as

outlined in its operating documents. The operator may update or revise its

operating documents. It is the operator’s responsibility to track such revisions

and present updated and revised documents to the Administrator upon request.
The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines

that any update or revision would affect the basis upon which the FAA granted

the exemption, then the operator must petition for amendment to its grant of

exemption. The FAA’s UAS Integration Office (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 UAS to ensure that it is in a

condition for safe flight. If the inspection reveals a condition that affects the

safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical

component, must undergo a functional test flight. The PIC who conducts the

functional test flight must make an entry in the aircraft records.

12. The 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 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 PIC 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 PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate

the UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are

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

only be conducted during dedicated training sessions. During training,

proficiency, and experience-building flights, all persons not essential for flight

operations are considered nonparticipants, and the PIC must operate the UA

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

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 required 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 visibility is less than 3 statute miles

from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a

pre- determined location within the planned operating area and land or be

recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising

speed to the intended landing point and land the UA with 25% battery power

remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued

Certificate of Waiver or Authorization (COA) prior to conducting any

operations under the grant of exemption. This COA will also require the

operator to request a Notice to Airman (NOTAM) not more than 72 hours in

advance, but not less than 48 hours prior to the operation. All operations shall

be conducted in accordance with airspace requirements in the ATO issued COA

including class of airspace, altitude level and potential transponder

requirements.

26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N- Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for

operation and control of the UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

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

operations and activities at all times.

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

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

nonparticipating persons (persons other than the PIC, SO, operator trainees or

essential persons), vessels, vehicles, and structures unless:

 a. Barriers or structures are present that sufficiently protect
 nonparticipating persons from the UA and/or debris in the event of an

 accident. The operator must ensure that nonparticipating persons remain

 under such protection. If a situation arises where nonparticipating

 persons leave such protection and are within 500 feet of the UA, flight

 operations must cease immediately and/or;

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

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

 permission and the PIC has made a safety assessment of the risk of

 operating closer to those objects and determined that it does not present

 an undue hazard, and;

 c. Operations nearer to the PIC, SO, operator trainees or essential persons

 do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or 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, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA

must be reported to the FAA's UAS Integration Office (AFS-80) within 24

hours. Accidents must be reported to the National Transportation Safety Board

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section

61.113(a) And (b) Would Not Adversely Affect Safety.

ARIC COLBERT submits that the equivalent level of safety established by Section

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

Inspire 1, DJI Phantom 2 Vision Plus UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour and

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

Phantom 2 Vision Plus

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

maneuvers

and maintaining appropriate distances from 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 requirements (See Exemption No. 11062); and

the airmanship skills necessary to safely operate the DJI Inspire 1, DJI Phantom 2 Vision 

Plus UAS,

ARIC COLBERT submits that the additional manned airmanship experience of a

commercially certificated pilot would not correlate to the airmanship skills necessary for

ARIC 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 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).

ARIC COLBERT will not allow any PIC to operate the DJI Inspire 1, DJI Phantom 2 

Vision Plus UAS unless

that PIC has demonstrated, by meeting minimum flight-hour requirements or

the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS training and currency requirements, 

that the PIC

is able to safely operate the DJI Inspire 1, DJI 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.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5

hours of those hours as a UAS pilot operating the same make and model of UAS to be 

used

for operations under the exemption). In addition to the hour requirements, the PIC must

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

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

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

safety during 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 Exemption No. 11062, the FAA required that prior to conducting operations for

the purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours

of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot

operating the same make and model of UAS to be used for operations under the

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

to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi-rotor time and the 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the

PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for

currency purposes). The FAA finds that at a minimum, the flight-hour requirements

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

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

also finds that 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 PIC is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119.
Exemption No. 11138 at page 15.

Accordingly, ARIC COLBERT will ensure safe operations by not allowing any

PIC to operate the DJI Inspire 1,DJI Phantom 2 Vision Plus UAS unless that PIC has 

demonstrated,

by meeting minimum flight-hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 2 Vision Plus UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures

3. Reasons Why An Exemption From The Requirements Of Section 

91.7(a) Would Not Adversely Affect Safety.

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

prior to every flight, ARIC COLBERT will ensure that the DJI Inspire 1, DJI Phantom 2 

Vision Plus UAS is in

an airworthy condition based upon the UAS’s compliance with its

operating documents and as stated in the conditions and limitations herein.

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

UAS,

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

Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

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

5. Reasons Why An Exemption From The Requirements Of Section 

91.121 Would Not Adversely Affect Safety.

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

the altitude information of the DJI Inspire 1, DJI Phantom 2 Vision Plus UA will be 

provided to

the PIC via GPS equipment and a radio communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path and altitude.

This altitude information, combined with ARIC COLBERT’s operation of the DJI Inspire 

1 ,DJI Phantom 2 Vision Plus 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 by GPS equipment installed onboard the aircraft. Prior to each flight, a zero

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

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

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

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

5. Reasons Why An Exemption From The Requirements Of Section

91.151(b) Would Not Adversely Affect Safety.
A grant of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Inspire 

1,DJI Phantom 2

Vision Plus UAS; (2) the limitations on the proposed flight operations; and (3) the

location of the proposed flight operations. Accordingly, ARIC COLBERT will

ensure that it will safely operate the battery powered DJI Inspire 1, DJI 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 fly after that for at least 4.5 minutes.

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

Phantom 2 Vision Plus

UAS; the limitations on the proposed flight operations; and the location of

the proposed operations, will ensure an equivalent level of safety established by 14 

C.F.R.

Section 91.151(b). Furthermore, safety will be ensured as the DJI Inspire 1, DJI Phantom 

2 Vision Plus UAS

provide audible and visual warnings to the PIC at the GCS when the UAs

experiences low battery voltage, the first warning occurring at approximately 33%

remaining battery power, and again at approximately 10% remaining battery power. At 

the critically low battery level, the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS will 

descend and

land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted 

relief

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

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

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

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

Would

Not Adversely Affect Safety.

In seeking this exemption, ARIC COLBERT 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 ARIC 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 DJI Inspire 1, DJI Phantom 2 Vision 

Plus

Instruction Manual). Furthermore, ARIC COLBERT will document and maintain

all maintenance records for the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS.

Since the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS will be inspected as prescribed 

by the

operating documents, ARIC COLBERT will maintain the equivalent level of

safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the

DJI Phantom 2 Vision Plus UAS User Manual is attached hereto as Appendix A and B;

a copy of the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS Maintenance LOG is 

attached hereto

as Appendix C.

Likewise, the exemption sought will not adversely affect safety because

ARIC COLBERT will use trained technicians to perform maintenance,

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

practices

prescribed by the operating documents.

Likewise, the exemption sought will not adversely affect safety because

ARIC COLBERT will use trained technicians to perform maintenance,

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

practices

prescribed by the operating documents.

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

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Inspire 1, DJI Phantom 2 Vision Plus UAS will be performed by trained technicians.

Maintenance will be documented and maintained utilizing the monthly maintenance log.

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

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not

adversely affected when the technical characteristics and operating limitations of the 

UAS

are considered.

In consideration of ARIC COLBERT’s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Inspire 1, DJI Phantom 2 

Vision Plus UAS,

ARIC COLBERT submits that safety will not be adversely affected by

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2),

91.409(a)(2), and

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

circumstances

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

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

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

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 entitled Special Conditions, ARIC COLBERT

requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 2 Vision Plus UAS, which contain such safety standards that the

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

by

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

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

special conditions will permit safe operation of the UAs for the limited purpose of

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

compensation or hire. FMRA Section 333 sets forth the requirements for considering

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

threat to national security; and further, provides the authority for such UAS to operate

without airworthiness certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

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

§ 21.16, for operation of the DJI Inspire 1, DJI Phantom 2 Vision Plus UAS, since the 

airworthiness regulations

of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the 

novel

or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, 

states the

following:

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

contain 

 adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

 because of a novel or unusual design feature of the aircraft, aircraft engine or

 propeller, he prescribes special conditions and amendments thereto for the product.

 The special conditions are issued in accordance with Part 11 of this chapter and

 contain such safety standards for the aircraft, aircraft engine or propeller as the

 FAA finds necessary to establish a level of safety equivalent to that established in

 The regulations See 14 C.F.R. § 21.16.

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

prescribe special conditions for Leading Edge’s intended operation of the DJI Inspire 1, 

DJI Phantom 2 Vision

Plus UAS which contain such safety standards that the Administrator finds

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21,

Subpart H, and 14 C.F.R 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 ARIC COLBERT Seeks Exemption:
ARIC 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

Seeks:

This exemption will permit ARIC COLBERT to commercially operate an

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To

Support ARIC COLBERT 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 security;

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

certification.

As discussed in detail above, ARIC COLBERT will operate the DJI Inspire 1, DJI

Phantom 2 Vision Plus

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

otherwise

pose a threat to national security.

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 DJI Inspire 1, DJI Phantom 2 Vision Plus UAS

commercially, without an airworthiness certificate, for the limited purpose of conducting

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

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

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

by allowing ARIC COLBERT to safely, efficiently, and economically operate the
DJI Inspire 1, DJI 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, ARIC COLBERT

respectfully requests that the Administrator grant this Petition for an exemption from the

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a),

91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI 

Phantom

2 Vision Plus UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States.

Respectfully submitted,

ARIC COLBERT

6953 Nichols Creek dr.

Jacksonville, FL 32222

904 600 2247

Appendices:

A – DJI Inspire 1 (see http://www.dji.com/product/inspire-1/info#specs or 

http://wiki.dji.com/en/index.php/Inspire_1

B – DJI Phantom 2 Vision Plus Manual (See 

http://wiki.dji.com/en/index.php/Phantom_2_Vision%2B

E – Monthly Maintenance Log (available upon request)