### 1 Drone/UAS Practice Group 2518 W. Babcock St. Bozeman, MT 59718

Tel. 701.471.7714
rmorth@mac.com

January 15, 2016 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. S.E. Washington, D.C. 20590

Re: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012,

Public Law 112-95.

References: 1.) FAA Exemption No. 11949, Regulatory Docket No. FAA–2015–1416 in the matter of the petition of Cedarmeade Studios, LLC 2.) FAA Exemption No. 12203, Regulatory Docket No. FAA–2015–1876
in the matter of the petition of Heli Watch, Inc. 3.) FAA Exemption No. 12224, Regulatory Docket No. FAA–2015–2027
in the matter of the petition of Greenville Drone, LLC

Dear Sir or Madam:

This petition is being submitted with no legal counsel or consulting services.

In this petition Morth Media, LLC (“Reid Morth”) requests exemption under Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95. Specifically outlined in Appendix A are the Federal Aviation Regulations (“FAR’s”) Morth requests to be exempt. This request is substantially similar to other data collection petitions previously approved, and should be considered for an expedited procedure.

Approval of the exemption will allow Morth commercial operation of it’s advanced DJI Inspire 1 UAS in Class G airspace nationwide unless otherwise prescribed by an Air Traffic Organization (ATO) issued COA. The DJI Inspire 1 has been previously approved for commercial operations in
Exemption Nos. 11949, 12224.

### 2 The UA S covered by this petition is the DJI Inspire 1, for use in the following areas:

- Arial Photography - Arial Videography

- Real Estate / Architecture - Surveying / Mapping - Industrial Surveying - Sporting Events - Special Events / Festivals

For your ease in reviewing this petition, please refer to the table of contents which begins on page 3. If I can provide any additional information to assist your understanding or review of this document, please do not hesitate to contact me at 701-471-7714 or via email at
rmorth@mac.com.

Thank you for your consideration.

Sincerely,

Reid M. Morth
CEO / Founder Morth Media, LLC

### 3 

## - Table of Contents -

I. Publishable Summary .................................................................................4

II. Petitioner’s Contact Information ..............................................................4

III. Proposed Operations

A. The UAs ......................................................................................... 5 B. Aircraft and Equivalent Level of Safety .......................................6 C. The Pilot in Command (PIC) .........................................................6

IV. Public Interest and Safety .......................................................................7

VI. Statutory Authority .................................................................................8

VII. Regulations from Which Exemption is Requested ...............................8

Appendix A: ........................................................................................9 14 C.F.R. §21(h)...................................................................... 9

14 C.F.R. § 45.23(b)..................................................................9

14 C.F.R. § 61.113(a)(b)............................................................

14 C.F.R. § 91.7(a)....................................................................

14 C.F.R. § 91.9(b)(2)................................................................

14 C.F.R. § 91.103.....................................................................

14 C.F.R. § 91.119(c).................................................................

14 C.F.R. § 91.121.....................................................................

14 C.F.R. § 91.151.....................................................................

14 C.F.R. § 91.203(a) and (b)....................................................

14 C.F.R. § 91.405 - 91.417.......................................................

### 4 I. Publishable Summary

Regulations from which exemption is requested:
14 C.F.R. 21(h) 14 C.F.R. 45.23(b) 14 C.F.R. 61.113(a)(b) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9(b)(2)

14 C.F.R. 91.103 14 C.F.R. 91.119(c)

14 C.F.R. 91.121
14 C.F.R. 91.151 14 C.F.R. 91.203(a) and (b)

14 C.F.R. 91.405 - 91.417

Approval of the exemption requested by petitioner will allow commercial UAS operation by petitioner meeting or exceeding operational and safety requirements in Section 333 for the DJI Inspire 1 UAS for the purpose of aerial photography and cinematography in Class G airspace nationwide, unless otherwise prescribed by an ATO-issued COA. The requested exemption should be granted because the DJI Inspire 1’s size, weight, speed, operational capacity, proximity to airports and populated areas, and operation within visual line of sight would meet the FAA’s seven considerations for making a determination under Public Law 112-95, Sec. 333(b)(1). Due to these factors such as size, weight, speed and the well defined parameters under which the small UAS would operate. “A small UAS operation whose parameters are well defined so it does not pose a significant risk to other aircraft would also pose a smaller overall public risk or threat to national security than the operation of a manned aircraft.” Docket No.: FAA-2015-0150 II(A.).

Morth Media, LLC is a media entity that plans to utilize the DJI Inspire 1 UAS to offer multiple services including:

- Arial Photography - Arial Videography

- Real Estate / Architecture - Surveying / Mapping - Industrial Surveying - Sporting Events - Special Events / Festivals

II. Petitioner’s Contact Information

Reid M. Morth Morth Media, LLC

2518 W. Babcock St. Bozeman, MT 59718

Phone: 701.471.7714
Email: rmorth@mac.com

### 5 III. Proposed Operations

A. The UAS

Morth is petitioning for exemption to operate the DJI Inspire 1 with built in stabilized HD camera and the following safety systems:

- Restricts the height above ground level (“AGL”) to a specified user generated height. 

### - Restricts the radius of flight from the ground station to a user generated radius. - Restricts operations within designated Class B, C, and D airspace including a no-fly zone feature.

The DJI Inspire 1 also has a return-to-home feature that is triggered in the unlikely event that communication is lost between the aircraft and the controller. In an unlikely event where communication between aircraft and controller is lost the DJI Inspire 1 will return to the point of take-off and land safely. If communication is restored the PIC can regain control of the flight and land manually

.

DJI Inspire 1

- Weight (Battery Included) 2935g - Hovering Accuracy (GPS Mode) Vertical 0.5m, Horizontal 2.5m - Max Angular Velocity Pitch: 300deg/s; Yaw 150deg/s - Max Tilt Angle 30deg/s - Max Ascent Speed 5m/s - Max Decent Speed 4m/s - Max Speed 22m/s - Diagonal Distance 559mm (Landing gear lowered) - Diagonal Distance 581mm (Landing gear raised)

DJI Inspire Gimbal

- Operating Current - Station: 750mA, Motion: 900mA - Controllable Range - Pitch: -90deg to +30deg - Max Controllable Speed – Pitch: 120deg/s, Pan: 180deg/s

DJI Inspire Battery

Model (Standard) TB47 - Voltage 22.2v - Capacity 4500mAh - Energy 99.9Wh - Net Weight 570g

Model (Optional) TB48 - Voltage 22.8v - Capacity 5700 mAh - Energy 129.96Wh - Net Weight 670g

### 6 ( UAS Information Continued )

DJI Inspire 1 Controller

- Frequency 5.725GHz~5.850GHz (Remote Controller to Remote Controller) 2.400GHz~2.483GHz (Remote Controller to Aircraft) - Battery Capacity 6000mAh - Working Current/Voltage 1.2A@7.4V

B. Aircraft and Equivalent Level of Safety

1. Aircraft will not weigh more than 55lbs.

2. Flights will be operated within line of sight of the pilot and/or observer.

3. Restrict operations to daylight-only.

4. UAS will travel at speeds that exceed 50mph.

5. The UAS will be programmed so it will not be operated at an altitude that exceeds 400ftAGL, and not more than 150ft. above a significantly elevated geographic position from which videography / photography is planned. UAS would operate in Class G airspace.

6. The minimum crew for each operation with consist of a UAS operator and a visual

observer VO and may include but not limited to a Camera Operator.

7. The sUAS pilot will be Reid Morth of Morth Media, LLC and would be the only

person allowed to operate the sUAS at commercial capacity.

8. A briefing will take place for each day’s sUAS operation regarding operating

condi tions, emergency procedures, contingency procedures, roles and responsibili ties, and potential hazards.

9. Pre-flight inspection would be; checking battery condition/level in both the

transmitter and UAS, a visual / operational check of the propellers, aircraft motors, a full compass calibration and IMU calibration, transmitting radio control unit. A check for power-lines, antennas and other over head objects would be performed. Weather conditions would be monitored and a 3 mile visibility from point of control would be required.

10. The pilot and visual operator will be able to communicate through voice and/or ra dio.

11. The sUAS will not be controlled from a moving control point while operating on land.

12. Flights will be terminated when sUAS battery energy levels reach 25%, allowing
sufficient time for UAS to return to control point and land safely.

13. All commercial flights would have the location, time flown, flight path and

maximum altitude as well as other camera metadata recorded in an in-app device. Each flight has the ability to play back flight in real time and is synced through mobile deceives in DJI’s in-app user center.

### 7 14. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operation area as defined by the applicable Ce rtificate of

Authoriza tion COA will be reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per-instructions contained on the NTSB Web Site: www.ntsb.gov.

15. Petitioner is in healthy medical and mental state and understand the FAA’s regula tions on Drugs & Alcohol and has no prior felonies or criminal record.

16. The UAS will have the capability to abort a flight in case of unexpected obstacles or emergencies.

17. The UAS will be registered and marked with it’s corresponding (N- Number) in accordance with 14 CFR part 47, Subpart C. Marking must be as large as practical.

18. All Flight operations must be conducted at least 500 feet from all nonparticipating 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 in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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.

C. The Pilot in Command (PIC)

The PIC Will:

- Have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS pilot and at least 10 hours logged as a UAS pilot with the DJI Inspire 1 UAS.

- Safely operate the UAS with-in all operational parameters, limitations, conditions and requirements as noted in the above “Aircraft and Equivalent Level of Safety” and
in accordance with all FAR’s laid forth in 14 CFR.

- Ensure visual observers must have demonstrated that they understand the conditions and limitations of the flight noted during a pre-flight briefing that will take place for each day’s sUAS operation regarding operating conditions, emergency procedures, contingency procedures, roles and responsibilities, and potential hazards.

### 8 IV. Public Interest and Safety

By following the parameters for UAS operation listed in this petition Morth addresses the FAA’s two known and unique safety concerns when analysing UAS public risk, described under “Analysis of Public Risk Posed by Small UAS Operations” Docket No.: FAA-2015-0150 II(A.)

. Those risks are; the operator would physically separated from the aircraft and would not be able to see and avoid manned aircraft to prevent a mid-air collision. Secondly, loss of positive control and in the unlikely event that the UAS may become unable to use the control interface to operate due to a failure of the control link between the aircraft and the operator’s control

station.

Morth would mitigate these risks by always flying in visual line-of-sight with a visual operatorand only operating during daylight with 3 miles of visibility from control station. This line-ofsight policy is the heart of the FAA’s safety policies. The UAS would not be flown with-in 5 miles of airports nor would it be operated outside of Class G airspace, always yielding to manned aircraft and landing with sufficient reserve battery levels. In the unlikely event that the UAS would loose communication with the PIC the DJI Inspire 1’s safety system would be triggered and the UAS would return to the point of take-off and land safely.

The size, weight, material of the UAS and scope of operations poses less risk to the public than manned operations which weigh thousands of pounds and carry large amounts of fuel to operate. In comparison the weight of the UAS is less than 55lbs. There little concern that the proposed operations would cause invasions of privacy. The petitioner and proposed UAS operations are not a threat to National Security and the 

### flight of sUAS will not interfere with

other users of the NAS.

VI. Statutory Authority

The FAA’s authority to issue exemptions from operating rules, and the Secretary’s authority granted by Section 333 of Public Law 112-95, “Special Rules for Certain Unmanned Aircraft Systems”, gives direction to the FAA on determining if certain UAS may operate safely in the NAS. Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.

VII. Exemption Requests and Equivalent Level of Safety

( See Appendix A. - Page. 9 of this document )

### 9 

## APPENDIX A:

[ Exemption Requests and Equivalent Level of Safety ]

14 C.F.R. §21(h) - Airworthiness Certificates

This section details for what purpose experimental certificates are issued for. Petitioner seeks exemption from 14 C.F.R. §21(h) due to the size, construction materials and operational restrictions under which the UAS will operate. The petitioners UAS will not carry passengers or flammable fuel making it inherently safer to operate than other manned flights conducting the same operations under the same regulation.

Petitioner seeks exemption under either or both of the following provisions set forth in §21.191 Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses

for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.

14 C.F.R. §45.23(b) - Display of Marks

Regulations under 14 C.F.R. Ch. I, Subpart C Part 45 pertain to Nationality and Registration Marks of aircraft. Specifically §45.23(b):

(b) When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

To comply with §45.23(b) petitioner will display aircraft N-Numbers and the words “experimental” on the top side of the aircraft due to the UAS does not have a cockpit entrance. Markings will

be sized in accordance to 14 CFR part 47, Subpart C with states “Marking must be as large as practical”. Additionally, copies of aircraft registration and documentation will be keep at ground control station where the PIC, VO and others in the vicinity of the aircraft during preparation for flight can see the UAS’s designation.

### 10 14 C.F.R. §61.113(a)(b) - Issuance of Airman Certificates, Ratings, and Authorizations

Section §61.113(a) and (b) prescribes:

(a) No person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command 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.

Petitioner would pass an initial aeronautical knowledge test at an FAA - approved knowledge testing center. Operator would be vetted by the Transportation Security Administration and obtain an unmanned aircraft operator certificate with a small UAS rating. UAS operation would be conducted to the regulations defined in the applicable COA issued to the petitioner.

14 C.F.R. §91.7(a) - Civil Aircraft Worthiness

Section §91.7(a) prescribes:

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

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur

.

No airworthiness certificate will be applicable as the FAA believes requiring a PTO “would not result in any significant safety benefits”. The FAA a addresses UAS maintenance and worthiness regulations under §107.21(a)(b) and §107.15(a). Section §107.15(a) prohibits a person from operating a UAS that is not in a condition safe for flight. Petitioner will have UAS serviced by an authorized dealer and “discontinue the flight of an aircraft when unairworthy mechanical, electrical, or structural conditions occur”, as prescribed under §91.7(b).

14 C.F.R. §91.9(b)(2) - Civil Aircraft Flight Manual, Marking, and Placard Requirements

Section §91.9(b)(2) regulates that no person may operate a U.S. -registered civil aircraft for which an airplane or rotorcraft flight manual is not required. The UAS in operation is not large enough to accommodate a flight manual and no persons would be aboard the aircraft. Petitioner will keep UAS flight manuals at the point of control where the PIC would operate.

### 11 14 C.F.R. §91.103 - Preflight Action

Section §91.103 describe preflight regulations for pilots as follows:

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Before beginning a flight petitioner would, become familiar with all available information concerning that flight. This information would include:

- No-Fly Zones

- Potential Hazards
- Weather Conditions - Battery Levels - Compass Calibrations
- IMU Calibrations - Failsafe Altitude Settings - Operational Altitude and Horizontal Distance Settings - Operational Scope of Flight

14 C.F.R. §91.119(c) - Minimum Safe Altitudes

Section §91.119(c) indicates that:

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

The sUAS would be restricted to Class G airspace and would not exceed altitudes of 400ft. Due to the nature of the operation scope for which the UAS wishes to be exempt, it at times would be required to operate closer than 500ft. to the items listed. Operation would only be conducted over persons and property when permission has been obtained and proper pre-planning has been performed. The aircraft will be operated at low altitude and if communication between the PIC and UA was interrupted, an emergency landing without undue hazard to person or property would be performed.

### 12 14 C.F.R. §91.121 - Altimeter Settings

Section §91.121 details how pilots should use altimeter readings to maintain altitudes. The UAS measures altitude from the point of takeoff and would not operate at altitudes exceeding 400ft AGL. Again due to the size, speed and nature of the aircraft the risk posed to people or property when compared to manned aircraft is suffinciently less and should be considered in granting this exemption.

14 C.F.R. §91.151 - Fuel Requirements for Flight In VFR Conditions

The intention of regulations under §91.151 are understood; to ensure pilots have the sufficient amount of fuel before taking flight to allow them to travel to the first destination and have fuel for an additional 30 minutes of flight, 45 minutes during night-time operations. The UAS is battery powered with an approximate 15 minute flight time and addition 25% reserve. All flights would operate within a radius not greater than line of sight and will terminate at 25% battery level and return to the PIC with more than ample battery levels to land safely.

14 C.F.R. §91.203(a) and (b) - Civil Aircraft: Certifications Required

Section §91.203(a)(b) requires airworthiness certificates and registration to be present and onboard aircraft. Due to the size of the small UAS. All aircraft FAA registrations, COAs and documents pertaining to the UAS would be located with the crew at the ground station / point of control and would be available for review upon request.

14 C.F.R. Subpart E. §91.405 - §91.417 - Maintenance, Preventive Maintence, and Alterations

Subpart E. Sections §91.405 - §91.417 regulates the operator is responsible for the maintenance and preventive maintenance to the UAS. Petitioner is the sole person responsible for the inspection and maintence of the UAV and requests to be authorized for “return for service” of the UAV for repair or maintenance, to a authorized service and repair enters only. Any repairs, maintenance or modification to the UAV will be documented in accordance to §91.417. Maintenance by the operator would be limited to small cosmetics, checking electrical connections, replacing a propeller and updating software and firmware for the onboard computer.