01 Sep 2015

Jonathan LaQuay

243 Riverdale Ct #432

Camarillo, CA 93012

(916) 690-1679

jmlaquay@yahoo.com

Subject: Petition for Exemption Under Section 333

References: (a) DJI Inspire 1 User Manual

(b) DJI Inspire 1 Maintenance Manual

Purpose:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

Reform Act), and 14 C.F.R. Part 11, I, Jonathan LaQuay, henceforth known as the petitioner, 

hereby apply for an exemption from the Federal Aviation Regulations (FARs) listed below to 

allow the operation of the DJI Inspire 1Small Unmanned Aircraft System (sUAS) commercially

in airspace regulated by the Federal Aviation Administration (FAA). This grant of exemption 

will permit me to operate the sUAS for commercial photography, videography, and live-feed 

purposes.

Exemption is requested from the following:

14 C.F.R. Part 21

14 C.F.R. 91.7(a)

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

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

14 C.F.R. 91.121

14 C.F.R. 91.151

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91 Subpart E

Description of relief requested, reasoning, and equivalent level of safety:

14 CFR Part 21: Airworthiness Certificates:

Subpart H establishes the procedural requirements for the issuance of airworthiness certificates 

as required by FAR §91.203(a)(1). Given the size, weight, speed, and operational capability of 

the sUAS, an exemption from Part 21 is requested. The proposed exemption meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

The Federal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability and proximity to airports and 

populated areas of the particular sUAS. The sUAS operated without an airworthiness certificate, 

within the conditions and limitations of the proposed grant, will be at least as safe, or safer, than 
a conventional aircraft operating with an airworthiness certificate not within the conditions and 

limitations of the proposed grant.

14 CFR 91.7(a): Civil Aircraft Airworthiness:

Part 91.7(a) requires that no person operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the sUAS the petitioner will operate, should 

this exemption be granted, no FAA regulatory standard will exist for determining airworthiness; 

therefore, an exemption from Part 91.7(a) is requested. Given the size, weight, speed, and 

operational capability of the sUAS, an equivalent level of safety will be maintained.

14 CFR 91.9(b)(2): Civil Aircraft Flight Manual, Marking and Placard Requirements:

Part 91.9 outlines the requirements to carry flight manuals and other applicable documents in the 

aircraft. Since the sUAS, given its size and configuration, has no ability to carry documents in 

the aircraft, an exemption from Part 91.9(b)(2) is requested. The equivalent level of safety will 

be maintained by keeping the operating manuals at the ground control point where the petitioner 

will have immediate access.

14 CFR 91.103: Preflight Action:

Part 91.103 requires each pilot in command to take certain actions before flight to ensure the 

safety of flight. An exemption is requested from Part 91.103, as the petitioner will take separate 

preflight actions, including checking weather conditions, TFRs, NOTAMS, battery levels, and all 

other actions in accordance with reference (a) applicable to sUAS operations. These actions will 

provide an equivalent level of safety to the preflight actions outlined in Part 91.103.

14 CFR 91.119(b)(c): Minimum Safe Altitudes:

Part 91.119(b) provides that no aircraft may operate below an altitude of 1,000 feet above the 

highest obstacle within a horizontal radius of 2,000 feet of the aircraft while over any congested 

area of a city, town, or settlement, or over any open air assembly of persons. Part 91.119(c) 

provides that no aircraft may operate below 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. Given the size, weight, speed, and 

operational capability associated with the sUAS to be utilized by the petitioner, an exemption 

from Part 92.119(b)(c) is requested. Preflight planning, maintaining Visual Line of Sight 

(VLOS) with the sUAS, and operating the sUAS over private property or persons only with prior 

consent will ensure that an equivalent level of safety to the minimum safe altitude provision is 

maintained. Additionally, the sUAS will operate at or below 400’ AGL in VMC conditions.

14 CFR 91.121: Altimeter Settings

Part 91.121 requires each person operating the aircraft to maintain cruising altitude by reference 

to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” As the sUAS is not equipped with a barometric altimeter, 

but instead a GPS altitude read out, an exemption to Part 91.121 is requested. An equivalent 

level of safety will be achieved by the petitioner confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight.

14 CFR 91.151(b): Fuel Requirements for Flight in VFR Conditions:
Part 91.151(b) provides that a rotorcraft must maintain enough fuel to be able to fly for 20 

minutes after the intended point of landing is reached while flying under VFR conditions. Since 

the full battery capacity of the sUAS provides for approximately 15-20 minutes of flight, an 

exemption to Part 91.151(b) is requested. Return to Home Point failure mode software ensures 

that the sUAS is returned to the preset home waypoint and landed before the sUAS runs out of 

battery power. This logic is continuously updated based on aircraft position and altitude. 

Additionally, aircraft battery level remaining is displayed on the controller and an alert tone 

warns the operator when power remaining reaches a preset low-battery level. The described 

software features, proper planning, and operating the sUAS in a regime in which a safe landing 

may be made at a moment’s notice ensure that an equivalent level of safety reached with Part 

91.151(b) is maintained.

14 CFR 91.203(a)(b): Civil Aircraft: Certifications Required:

Part 91.203(a)(b) outline the requirements for civil aircraft to carry certifications. 

Since the sUAS, given its size and configuration, has no ability to carry documents in the 

aircraft, an exemption from Part 91.203(a)(b) is requested. The equivalent level of safety will be 

maintained by keeping applicable certifications at the ground control point where the petitioner 

will have immediate access.

14 CFR 91 Subpart E: Maintenance, Preventative Maintenance, and Alterations:

Part 91 Subpart E outlines the regulations governing the maintenance, preventive maintenance, 

and alterations of U.S.-registered civil aircraft operating within or outside of the United States. 

Given the unique size, weight and configuration of the sUAS, an exemption to Part 91 Subpart E 

is requested. An equivalent level of safety will be provided by maintaining and the sUAS in 

accordance with reference (b) and performing preflight actions as previously discussed.

Public Benefit

Approval of exemptions allowing commercial operations of sUAS for aerial photography, 

videography, and live-feed purposes enhances safety while reducing risk. Replacing a manned 

aircraft with a sUAS completely eliminates the risks to which pilots are commonly subjected. 

The use of sUAS enables the viewing of areas from a separate, safe location, which eliminates 

the risk of a human accessing those same areas. Property and personnel damage due to an 

aviation mishap is far less extensive with a sUAS compared to a manned aircraft. Additionally, 

commercial applications of sUAS enjoy the same, if not better, results than from those of a 

manned aircraft at a fraction of the cost. 

Equivalent Level of Safety

Robust safety features inherent in sUAS software, the size, weight, speed, and operational 

capability of sUAS ensure that, when properly controlled, sUAS are a safe replacement for 

manned aircraft. Additionally, conditions and limitations placed on civil sUAS operations 

provide an equivalent level of safety to the existing regulatory structure.

Additional Information:

The petitioner holds a commercial license, instrument rating and operates public UAS for the 

U.S. Navy.
The petitioner would like to exercise the privileges of the proposed exemption outside of the 

United States in order to supply commercial services in locations outside of the United States.

Summary

Petitioner: Jonathan LaQuay

Exemption requested from the following:

14 C.F.R. Part 21

14 C.F.R. 91.7(a)

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

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

14 C.F.R. 91.121

14 C.F.R. 91.151

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91 Subpart E

Description of relief sought: 

The petitioner is seeking exemption from the above listed FARs under Section 333 of the FAA 

Reform Act to allow the operation of the DJI Inspire 1 sUAS commercially in airspace regulated 

by the Federal Aviation Administration (FAA). This grant of exemption will permit the 

petitioner to operate the sUAS for commercial photography, videography, and live-feed 

purposes.

Most Respectfully,

Jonathan LaQuay

243 Riverdale Ct #432

Camarillo, CA 93012

(916) 690-1679

jmlaquay@yahoo.com