### U.S. Department ofTransportation DocketManagement System 1200 New Jersey Ave., SE Washington, DC 20590**~reation** 

### View 

### !maging

Re: Exemption RequestUnder Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Sir orMadam: Pursuantto Section 333 ofthe FAAModernization andReform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Creation View Imaging, Inc. seeks an exemption from Federal Aviation Regulations ("FARs") detailedbelow for the DnPhantom 3Professional, DnPhantom 3 Advanced, DJI Phantom 2Vision+, DJI Phantom 2, DJI Inspire 1, DJI S1000+, and DJI S900. The requested exemption would support an application for a commercial Certificate of Authorization (COA) to use the system to support aerial surveying, aerial photography, agriculture, wildlife and forestry monitoring, wild land firefighting support, patrolling, aerial inspection, real estate surveying, search andrescue operations, crew membertraining, hobby flying training, commercial operatortraining and mapping operations. By approving these exemptions, the FAA will supportvarious industries, benefitthe environment and build a new profession, all ofwhich are in the public interest. Each DJI UAS weighs less than 55 

### lbs. fully loaded, will be operated at a speed no more than 87 knots, carry neither a pilot nor passenger, carry no explosive materials or flammable liquids, and operate exclusively within an approved COA airspace. All DJI UA Systems use aradio frequency spectrum for operation and control that complies with Federal Communications Commission ("FCC") requirements and has integrated safety features as described within user manuals for eachDJI UAS. The UAS are equipped with redundant safety mechanisms allowing themto operate safely after experiencing certain in-flight failures. Ifa lost-link event occurs, including the loss ofground communications and/orthe loss ofa GPS signal, the UAS have the ability to perform apre-coordinated, predictable, automated flight maneuver and return to a predetermined location within a designated security parameter for landing. The UAS further have the ability to abort a flight in the event ofunpredicted obstacles or emergencies. The aircraft will be operatedin the field withboth a ground-based Pilot in Command (PIC) and a ground-based Visual Observer (VO) in accordance with FAA Order 8900.1, vol. 16 "Unmanned Aircraft Systems" with the following additional restrictions: -Alloperations will be conducted IAWthe Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). -AllUAS operations will remain clear ofmanned aviation operations and activities at all times.

- All operations will occur at orbelow 400' AGL.

- Operations will be operated over private property with the permission ofthe land owner. -TheUAS will notbe operatedby aPIC from any moving device. Page 

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### Creation View !maging**~** The aircraft will not be operated within 5 NMofan airport orheliport unless prior coordination with ATC or airport management is made.**~Operations** will be limited to day, visual meteorological conditions.**~Aircraft** will remain within Visual Line ofSight ofthe PIC and VO at all times.**~** While the aircraft is airborne, the VO will be positioned within voice distance ofthe PIC**~The** PIC and VO will meet the requirements outlined in FAA Order 8900.1, volume 16, chapter 4. The PIC will hold at least a Private Pilot Certificate. Additionally, the PIC will perform maintenance onthe system and will complete a course ofmaintenance instruction as part oftheir initial training. Due to the simplicity ofthe system, we do not anticipate the need for a supplemental pilot. We submitthatthe combination ofthe aircraft's light weight, historically demonstrated flight performance, fully qualified flight crew and strict operation under the guidelines established in 8900.1, the FAA can have confidence that the operation will have an equivalent orgreaterlevel ofsafety ofmanned aircraft performingthe same mission. The name and contact information ofthe applicant are: Creation View Imaging, Inc. 2604 AgaDrive Alexandria, MN 56308 Attn: Nevin Smith Ph:**320-491~6654** Email: nevins5420@gmail.com The regulations from whichthe exemption is requested are as follows:**~** 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.23, 45.29**~** 14 CFR 91.9**~** 14CFR61.113

- 14 CFR 61.3(d)

- 14 CFR 91.109, 91.119

- 14 CFR 91.121,91.151 -14 CFR Subpart£ (91.401- 91.417)**~** 14 CFR91.103(b) We are prepared to modify or amend any part ofthis request to satisfy the need for an equivalent level ofsafety. We look forward to working with your office. Please contact us at any time if you require additional information or clarification.

Page 

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### Sincerely,

_ 

## 1\
... 

# A

# 1~~~ Nevin E. Smith, Jr. Assistant ChiefPilot, Unmanned Aerial Systems Creation View Imaging, Inc.

Appendices: A 

### ExemptionRequest andEquivalent Level ofSafety B. 

### Privacy Issues C. Safety Assessment D. Maintenance Procedures E. UserManuals F. Training Program G. Emergency Procedures H. 

### Aviation Experience**~reation** 

### View !maging

Page 

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### Creation View !maging Appendix A
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

### Creation View Imaging, Inc., requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofDJIUAS:
14 CFRPart21, SubpartH: Airworthiness Certificates 

### This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for UAS, we request an experimental certificate be issued for DJI UAS under either orboth ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a)

### Research anddevelopment. 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 oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements ofthe regulations.
Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expectthat an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the fact that the aircraft weighs less than 55 lbs., we propose thatDJI UAS will be at least as safe, ifnot safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph.

14 CFR91.203(a) & 

### (b) Civil aircraft: Certifications required. 

### The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and aregistration certificate mustbe aboard the aircraft. Additionally, subparagraph Page 

### 14**~reation** 

### View !maging (b) provides that the airworthiness certificate be "displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew." EachDllUAS is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers or crew. To obtainanequivalent level ofsafety and meetthe intent of91.203, we propose that documents deemed appropriate forthis aircraft by the FAA will be co-located withthe crew atthe ground control station and available for inspection upon request. In order to identifythe aircraft, we propose thatthe information found on airworthiness and registration certificates bepermanently affixed to the aircraft viaplacard: Manufacturer: DJI Models: Phantom 3 Professional, Phantom 3 Advanced, Phantom 2 Vision+, Phantom 2, Inspire 1, SlOOO+, and S900 Registeredto: Creation ViewImaging, Inc. 2604 Aga Drive Alexandria, MN 56308 Iffound please contact (320) 491-6654.


### 14 CFR45.23 Display ofmarks; general and 45.29 Size ofmarks. These regulations provide that each aircraft must display "N" andthe aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. EachDJI UAS does not have an entrance inwhichthe word "EXPERIMENTAL" canbe placed, butit will have a registration number assigned to itbythe FAA. We propose that all aircraft operated in accordance with this exemptionbeidentifiedby serial number, be registered in accordance with 14 CFR Part47, and have identification (N-number) markings in accordance with 14 CFR Part 45, Subpart C. However, due to the small size ofthe aircraft we request thatthe markings be reduced in size to "as large as practical."


### 14 CFR91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is inthe aircraft. We request an exemptionto this requirement. Since the aircraft is not onlytoo small to carry documentation, the documentation would not be available to the crew. To obtain anequivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved Airplane FlightManual (appendixE) mustbe available to the crew at the ground station anytime the aircraft is in, orpreparing for, flight.

Page 

### IS

### 14 C.F.R. 

### § 61.113(a) 

### & (b) (Private Pilot Restrictions on Compensation).**~reation** 

### View !maging



### Section 61.113(a) and (b) prohibit private pilots from operating an aircraft for compensation or hire. Generally, aperson must possess a Commercial Pilot Certificate, which requires a minimum of250 hours as well as additional FAA testing. This requirement is unnecessary to operate the DJI UAS as proposed. The proposed operational restrictions outlined above in conjunction with the DJI UAS specific training that each UAS pilotreceives, will achieve more than an equivalent level ofsafety to manned operations with a Commercial rating. Because the DJI UA Vdoes not carry apilot, passengers, or cargo, and is controlled via remote station, there is no risk to persons or cargo as anticipated by a Commercial rating. Commercial Pilot Certification is also unnecessary because ofthe autonomous characteristics ofthe DJI UAV as well as the limited locations ofproposed operations. Due to the operations under the proposed restrictions outlined above and the DJI UAS integrated safety features, an equivalent level of safety will be attained by allowing operation ofDJIUAV with a Private Pilot Certificate.
14 C.F.R. 61.3(d) (Requirement ofCertificate for Flight Instruction). 

### This regulation requires that only those holding aFlight Instructor Certificate issued under the FAA's regulations can give training required to 

### qualify aperson for solo flights. As no rating currently exists for the operation ofUAS, petitioner requests exemption from this requirement. All listed operators in this request for exemption hold, at minimum, aPrivate Pilot Certificate and have each received mandated flight instruction for their respective ratings. Creation View Imaging (CVI) will provide all PIC's and VO's with a thorough 3 day training program on the operation ofthe DJI UAS by qualified CVI DJI Flight Instructors. This instruction, coupled with the trainee's existing aeronautical knowledge consistentwith their rating, will grantthem the necessary knowledge for safe operation ofthe DJI UAS. The substantial degree ofautomation built into the DJI flight system and the ratings and training ofthe operators are equivalentto the requirements of 14 C.F.R. § 

### 61.3(d) and will provide the same level ofsafety.
14 CFR91.109 Flightinstruction; Simulated instrument flight and certain flight tests 

### The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The DJI UAS ground control station is based on a small hand-held radio controller and, ifapplicable, amobile device. While it does not offer a second set of"controls", both the student and instructor can, andwill, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel thatthis technique meets the intent 91.109 and provides an equivalent level ofsafety.
14 CFR91.119 Minimum safe altitudes: General. 

### The regulation provides that over congested areas aircraft cannot operate closerthan 1,000 feet ofthe highest obstacle within a 2,000 foot radius. And that over sparsely populated areas the Page 

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### Creation View !maging aircraft cannotbe operated closerthan 500 feet to any person, vessel, vehicle, or structure. Since the UAV will be operating at a maximum of400 feet AGL, we cannot comply with this requirement. To provide an equivalent level ofsafety we will only fly over private property with the permission ofthe land owner. The land owner will be briefed on the expected route offlight and the associated risks to persons and property on the ground. In addition we will notify any other land owner within 200 feet ofthe plannedUAV flight path priorto UAV operations. This will allow us to operate safely within congested areas with a consideration toward maintaining personal privacy. We maintain that due to the small size ofeach DJI UAV, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption. The aircraft will be operated at an altitude allowing, ifa power unit fails, an emergency landing without undue hazard to persons or property on the surface. 14 CFR91.121 Altimeter settings. 

### The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles ofthe aircraft. The UAV will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in orderto de-conflict with other aircraft. As such, an appropriate altitude measurement presentedto the pilot should be Above Ground Level and should be based on the digitally encoded telemetric data feed, which downlinks from the aircraft to a ground-based on-screen display. The altitude information will be generated by equipment installed onboard the UAS, using GPS triangulation, digitally encodedbarometric altimeter, radio altimeter, or any combination thereof. Priorto each flight, a zero altitude initiation point will be established and confirmed for accuracy by the UAS PIC. Since the aircraft will fly no more than 45 minutes, even rapid changes in barometric pressure will have limited effect on the safety ofthe flight. 14 CFR91.151 Fuel requirements for flight in VFRconditions. 

### The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly after that for at least 30 minutes. We feel the intention ofthis paragraph is to provide a reserve of energy as a safety buffer for go-arounds and other delays to landing. Each DJI UAS is battery operated and the maximum duration offlight from a single battery charge is 45 minutes or less. Since the UAVwill never fly more than VLOS from the PIC and the VO near the point ofintended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement ofthis paragraph. The UAS will not be operated unless it canbegin the flight with enough power to complete the intended operation and operate after that for at least five minutes or with the reserve power recommended by the manufacturer. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

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### Creation View !maging

14 CFRSubpartE (91.401

- 91.417)- Maintenance, Preventive Maintenance, and Alterations The regulation provides thatthe operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Itis our intentionthatthe PIC perform maintenance and inspection ofthe UAV and "be authorized to approve the aircraft for returnto service." The UAS will be maintained IA W the manufacturer's maintenance, overhaul, replacement, inspection, and life limitrequirements for boththe system and related components. A Flight Time and Maintenance Logbook will be kept with eachUAS at all times. Maintenance performed bythe PIC is limitedto repairing small cracks, replacing a propeller, andupdating software and firmware. All other maintenance will be performedby the manufacturer. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety. Any UAS that has undergone maintenance oralterations that affect the UAS operation orflight characteristic will undergo a functional test flight prior to conducting further operations. Functional test flights will only be conductedby a current and qualified PIC and VO and will remain 500 feet from other people. 

### 14 CFR91.103(b)- Preflight Action Theregulation prescribes, in pertinent part, that each pilot incommand shall, before beginning a flight, become familiar with all available information concerningthat flight, to include, "Forany flight, runway lengths at airports ofintended use, and the following takeoffand landing distance information:
... For civil aircraft for which an approved Airplane orRotorcraft Flight Manual containing takeoffand landing distance data is required, the takeoffand landing distance data contained therein." The PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing andtakeoffdistances before initiation ofa flight. ThePIC will also account for all relevant site-specific conditions inhis preflight procedures. Risks presented by sun glare will be mitigatedby the PIC and VO. This will increase their ability to see other air traffic and initiate a return-to-home sequence ifneeded. However, given the limitednature on howthe UAS will be used andthat all operations will not be conducted within an airport environment, takeoffand landing data associated with airport data will notbe applicable. Therefore, we request relieffrom 91.103(b).

Page 

### ISPRIVACY 

### ISSUES**~reation** 

### View !maging AppendixB

The operations outlined inthis petition will not raise any privacy concerns. Operations will be conducted over private property withthe consent ofthe land owner. Adjacent land owners within 200 feet ofthe commercial UAS operations boundary will be notified ofthe date andtime ofUAS operations. No images or other data collection will betaken ofany property without the expressed written consent ofthe land owner.

Page 

### 19SAFETYASSESSMENT 

### Creation View !maging AppendixC

Prior to each UAS operationthe PIC will conduct an Operational Safety Assessment. This assessment will, at a minimum, include:
a. No adverse weather (rain, snow). b. Outside Air Temperature (which may affect UA V operation).

c. Wind direction and speed. d. Sun angle effect onvisual acuity.

e. Proximity to structures. f. Proximity to power lines. g. Avoid sources ofmagnetic interference (metal surfaces, etc.) g. Proximity to people. h. Operational considerations: 1) Inspectpropellers, gimbal, camera, remote control. 2) Anti-drop kit and dampers in good condition. 3) Check all UAS batteries to greaterthan 90% capacity. 4) Good GPS signal.

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### UASNUUNTENANCEPROCEDURES**~reation** 

### View !maging AppendixD

The Creation View Imaging ChiefPilot is responsible for the proper maintenance and operational safety ofeach individual UAS. He is also responsible for overseeing the proper maintaining ofeachUAS logbook. The PIC is responsible for the inspection and safe operation ofeachUAV flight. Prior to each flight the PIC will inspectthe UAS forproper operation. He will also conduct a Operational Safety Assessmentpriorto beginning an operational flight. At the conclusion ofeach flight, the PIC will log the flight time and any maintenance required for theUAS. Ifthe PIC cannotperformthe required maintenance he willnotify the ChiefPilot.

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## 111USERMANUALS 

### Creation View !maging AppendixE

Each UAS willhave its own usermanual. Boththe PIC and the VO will have access to the manual during all flight operations. Inaddition, Emergency Procedure checklists will be provided and required to be carriedby both the PIC and the VO during all flight operations. These checklists include:
a. Failsafe Activation (Lost Link). b. Failsafe Recovery Procedure.
c. Regaining Control During Failsafe Procedure. d. Low Battery Indications.
e. Low Battery Recovery. f. UAVFlyaway Procedures. g. Dll "Find My Phantom Procedure" (Backup UAV Recovery Procedure).

Page 112TRAINING PROGRAM 

### UAS PILOT IN COMMAND (PIC) 

### Creation View !maging AppendixF

Creation View Imaging's (CVI), has extensive experience with manned aircraft. As such CVI requires FAA certificated pilots to operate our unmanned aerial vehicles (UA V), adding an additional level ofsafety. CVIrequires thatthe PIC hold at least a FAA issued private pilot's license and a second class medical (or higher) to operate the UAS. All pilots will abide by the requirements set forth in 8900.1 CHG 351 Volume 16. All CVI PICs and Visual Observers (VO) will be instructedthroughthe company'straining program which will include howto operate the UAS under Creation View Imaging's Standard OperatingProcedures for UAS's. In addition, the pilot will operate the UAS for at least 5 hours, completing at least 20 successful takeoffand landings. To successfully complete training each pilot will take a written and practical exam. Ifpassed, the pilot will be certifiedto operate the UAS as PIC for CVI. 

### UAS VISUAL OBSERVER(VO) Visual Observers will berequired to hold a third class medical. They will assist thePIC in pre and postflight operation. This will include recovery and data collection from the recovered UAV. The observer's primary role will be to serve as crew for the UAV at all times in case the PIC loses visual line ofsight ofthe aircraft. The VO will be required to undergo the same training program as the PIC. The VO will have a separate written and practical exam that must bepassed before being certified as aVO. 

### TrainingProgram The training program for bothparties will consist ofthe following:

a. FAA Conditions and Limitations. b. DJI UAS Systems.
c. UAS Assembly. d. Control Station Operation.
e. FlightPlanning Operation and Maneuvering. 

### f Emergency Operations. g. Recovery Procedures. h. DataRetrieval. i. UAS Maintenance. 

### j. CVI Standard OperatingProcedures (SOP). Page 113

### Emergency Operations 

### Creation View Imaging Appendix G

The 

## Dn UA V has preprogrammedresponses for various emergency scenarios including loss ofcommunication, loss ofGPS and lowbattery. Flightplans are builtto mitigate risks prior to operation and allow for a successful controlled recovery ofthe aircraft. Inthe eventthe UA V loses communication with the control station, it will stop its normal operation andbegin to loiter at its current position in an attempt to reacquire the signal. Ifthe signal is not reacquired after a certain period oftime, the aircraft will return to its predesignated landing point and autonomously land. Ifthe UAV loses GPS signal this should be noted onthe smart device receiving telemetry. The PIC can simply take over manual control without GPS and fly the UA V backfor a normal manual landing. In the event ofa lowbattery, the UA V will automatically returnto home where it will land. Ifthe battery becomes critically lowthe UAV will automatically begin a descentto landing at its current location. Inthe event ofany in flight emergency, the PIC has the ability to terminate the flight operations immediately and returnthe UA V for a manual landing. The UA V will thenbe inspected and will not return to service without proper authorization from the ChiefPilot.

Page 114AVIATION EXPERIENCE**~reation** 

### View !maging AppendixH

The CVI ChiefPilot has over 10,000 hours offlying time. His ratings include ATP, CFI, CFII and CFME with over 7,000 hours ofinstruction in general aviation aircraft. He is the owner/operator of OnHis Wings Flight Academy. He has also logged over 25 hours with DJI Unmanned Aerial Systems. The CVI Assistant ChiefPilot has over 20,000 hours offlying time in military and civilian aircraft. Hehas an ATP, has instructed in military aircraft and is currently employed as a Captain with a major U.S. airline. Hehas logged over40 hours with DJI Unmanned Aerial Systems.

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