U. S. Department of Transportation

Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE 

Washington, DC 20590 March 4, 2016

RE: Jonathan Rutherford Photography, LLC Request for Exemption under Section 333 of the 

FAA Modernization and Reform Act of 2012 and Title 14 of the Code of Federal 

Regulations.

To The Administrator;

 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and Title 14 

of the Code of Federal Regulations 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), Ostrovitz Law Office LLC 

files this petition for exemption on behalf of Jonathan Rutherford Photography, LLC to allow 

commercial operation of Unmanned Aircraft Systems under the conditions outlined in the 

attached petition or modified by the FAA. If we can provide any additional information to assist 

your understanding or review of this petition, please feel free to contact us at any time.

 Respectfully,

 Steven L. Ostrovitz

1

550 Cochituate Road

Suite 25

Framingham, MA 01701-4683

T: 508.861.7565

F: 508.655.4066

sostrovitz@ostrovitzlaw.com

www.ostrovitzlaw.com

STEVEN L. OSTROVITZ

Attorney at Law
TABLE OF CONTENTS 

Page 

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

SUMMARY.................................................................................................................................3 

INTRODUCTION AND INTERESTS OF PETITIONER.........................................................4 

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

BASIS FOR PETITION..............................................................................................................4 

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JONATHAN RUTHERFORD 

PHOTOGRAPHY, LLC SEEKS EXEMPTION.........................................................................6 

THE EXTENT OF RELIEF JONATHAN RUTHERFORD PHOTOGRAPHY, LLC SEEKS 

AND THE REASON JONATHAN RUTHERFORD PHOTOGRAPHY , LLC SEEKS THE 

RELIEF......................................................................................................................................10 

THE REASONS WHY GRANTING JONATHAN RUTHERFORD PHOTOGRAPHY, LLC 

REQUEST WOULD BE IN THE PUBLIC INTEREST ...........................................................12 

THE REASONS WHY GRANTING THE EXEMPTION TO JONATHAN RUTHERFORD 

PHOTOGRAPHY , LLC WOULD NOT ADVERSELY AFFECT SAFETY............................14 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........................25 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT JONATHAN RUTHERFORD PHOTOGRAPHY, LLC’S REQUEST..................25 

CONCLUSION..........................................................................................................................26 

APPENDICES.............................................................................................. 26 

2
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 FederalAviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airmen

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 

SUMMARY 

Jonathan Rutherford Photography, LLC hereafter referred to as Jonathan Rutherford 

Photography seeks 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), to 

operate an Unmanned Aircraft System (Inspire 1 Pro) pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Jonathan 

Rutherford Photography to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of commercial and residential real estate, 

nature and landscapes, outdoor adventure activities such as rafting, kayaking and sailing, for both 

editorial content along with marketing and advertising over certain areas of the United States. 

3
INTRODUCTION AND INTERESTS OF THE PETITIONER 

Jonathan Rutherford Photography has for over six years provided their clients with photography, 

video and multimedia marketing services. Jonathan Rutherford Photography has worked on 

thousands of productions over the past six years in all types of locations with a perfect client and 

employee safety record. In the past we have supplied our client’s aerial video and photography 

using commercial aircraft. The objective of Jonathan Rutherford Photography and our 

Unmanned Aircraft System (Inspire 1 Pro) aerial operations is to provide a more affordable, 

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

specifically targeting commercial and residential real estate, nature and landscapes, outdoor 

adventure activities such as rafting, kayaking and sailing, for both editorial content along with 

marketing and advertising.

Jonathan Rutherford, principal of Jonathan Rutherford Photography, holds a current Private Pilot 

Certificate and current third class airman medical certificate and is therefore well versed in the 

rules and responsibilities associated with proper and safe operation within the NAS. Mr. 

Rutherford has also safely flown UAS platforms recreationally, including the Inspire 1 Pro, for 

over two years without incident. 

BACKGROUND 

Unmanned Aircraft Systems: Inspire 1 Pro, UAS 

Jonathan Rutherford Photography seeks an exemption to operate an Inspire 1 Pro system for 

compensation or hire within the NAS. The Inspire 1 Pro is vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or 

smart phone systems. The Inspire 1 Pro has a maximum gross weight of approximately 3500g 

while having a diagonal dimension of 559mm, a maximum speed of approximately 18m/s and a 

maximum flying height of 120m. The Inspire 1 Pro is equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. 

The Inspire 1 Pro that will be operated by Jonathan Rutherford Photography 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, Identification and Registration 

Marking. 

BASIS FOR PETITION 

Petitioner, Jonathan Rutherford Photography, 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 Inspire 1 Pro, 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). 

4
In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, Jonathan Rutherford Photography’s operation of an Inspire 

1 Pro 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, Jonathan Rutherford Photography 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. 

Jonathan Rutherford Photography submits that the requested relief is proper since an equivalent 

level of safety will be ensured. Jonathan Rutherford Photography will use experienced personnel 

or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using 

the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly 

Maintenance Log, and Inspire 1 Pro Manual). Furthermore, Jonathan Rutherford Photography 

will document and maintain all maintenance records for the Inspire 1 Pro UAS. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges 

and limitations: Pilot in command, is requested by Jonathan Rutherford Photography 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 Inspire 

1 Pro UAS in a manner consistent with this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Jonathan Rutherford Photography seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the Inspire 1 Pro UAS does not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Jonathan Rutherford Photography 

submits that it will ensure that the Inspire 1 Pro UAS is in 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 Inspire 1 Pro Manual), and that the aircraft is in a condition safe for flight. 

Jonathan Rutherford Photography also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the Inspire 1 Pro UAS will not have a typical barometric 

altimeter onboard. However, altitude information of the Inspire 1 Pro UAS will be provided to 

the PIC via Global Positioning System (GPS) equipment and radio communications telemetry 

data link, which downlinks from the UAS to the GCS for active monitoring of the flight path. 

This altitude information, combined with Jonathan Rutherford Photography’s operation of the 

Inspire 1 Pro UAS within visual line of sight, at or below 200 feet AGL (typically 150’ or lower), 

will ensure a level of safety equivalent to Section 91.121. 

Additionally, Jonathan Rutherford Photography seeks an exemption from the requirements of 

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

5
Photography submits that safety will not be affected by operation of the Inspire 1 Pro UAS 

during daylight hours in visual meteorological conditions (VMC) under visual flight rules 

(VFR), with enough battery power to fly for a total duration of approximately 15 minutes. 

Battery power indicators are also able to show how much battery power is left, as well as how 

much time is needed to return safely back to point of take off. 

In accordance with 14 C.F.R. § 11.81, Jonathan Rutherford Photography 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: 

 Counsel for Petitioner

Jonathan Rutherford Ostrovitz Law Office, LLC

Jonathan Rutherford Photography, LLC Atty. Steven L. Ostrovitz

36 Water Street 550 Cochituate Road, Suite 25

Natick, MA 01760 Framingham, MA 01701

617-407-9528 508-861-7565

jon@rutherfoto.com 	 	 	 	 	 	 sostrovitz@ostrovitzlaw.com

B. The Specific Sections Of 14 C.F.R. From Which Jonathan Rutherford Photography 

Seeks Exemption. 

1. Jonathan Rutherford Photography 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. 

6
2. Jonathan Rutherford Photography 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. Jonathan Rutherford Photography 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. Jonathan Rutherford Photography 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. Jonathan Rutherford Photography 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— 

7
 (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. Jonathan Rutherford Photography 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. Jonathan Rutherford Photography 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. Jonathan Rutherford Photography 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 

8
 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. 

9
 (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 Jonathan Rutherford Photography Seeks And The Reason 

Jonathan Rutherford Photography Seeks The Relief. 

1. Extent Of Relief Jonathan Rutherford Photography Seeks And The Reason Jonathan 

Rutherford Photography 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, Jonathan Rutherford Photography submits that an equivalent level 

of safety will be maintained because no PIC will be allowed to operate the Inspire 1 Pro UAS 

unless that PIC has met certain flight-hour and currency requirements, demonstrating that the 

PIC is able to safely operate the Inspire 1 Pro UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency maneuvers, as 

well as maintaining appropriate distances from people, vessels, vehicles and structures. 

Furthermore, Jonathan Rutherford Photography submits that all flights of the Inspire 1 Pro UAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Jonathan 

Rutherford Photography’s business; and (2) will not carry passengers or property for 

compensation or hire.

2. Extent Of Relief Jonathan Rutherford Photography Seeks And The Reason Jonathan 

Rutherford Photography 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 Jonathan Rutherford Photography to determine that the Inspire 1 Pro UAS is in 

airworthy condition prior to every flight by ensuring that the UAS is in compliance with the 

operating documents (i.e., Jonathan Rutherford Photography Aerial Operations Manual, Monthly 

Maintenance Log, and Inspire 1 Pro Manual). 

10
Jonathan Rutherford Photography seeks the requested relief because the Inspire 1 Pro UAS does 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, Jonathan Rutherford Photography will ensure that the Inspire 1 Pro UAS is in 

airworthy condition based upon its compliance with the operating documents (i.e., Monthly 

Maintenance Log, and Inspire 1 Pro) 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 Jonathan Rutherford Photography Seeks And The Reason Jonathan 

Rutherford Photography Seeks Relief From Section 91.121. 

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

operations of the Inspire 1 Pro UAS, which utilizes 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), Jonathan Rutherford Photography seeks the requested relief because 

the Inspire 1 Pro 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 Inspire 1 

Pro UAS 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 Jonathan Rutherford Photography Seeks And The Reason Jonathan 

Rutherford Photography 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 Inspire 1 Pro UAS during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a 

total duration of 15 minutes. Jonathan Rutherford Photography seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery powered 

Inspire 1 Pro 11 UAS will severely constrain the practicality of any aerial video or still photo 

flight operations that Jonathan Rutherford Photography proposes to conduct pursuant to this 

Petition. 

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

1 Pro operating documents, and Jonathan Rutherford Photography’s proposed operating 

limitations, ensure that Jonathan Rutherford Photography will safely operate the battery powered 

Inspire 1 Pro UAS during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), with enough battery power to fly for a total duration of 15 minutes. 

11
5. Extent Of Relief Jonathan Rutherford Photography Seeks And The Reason Jonathan 

Rutherford Photography 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, Jonathan Rutherford Photography requests relief from 

these Sections because the Inspire 1 Pro UAS does not require an airworthiness certificate. As set 

forth more fully below, the Inspire 1 Pro UAS meets the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, Jonathan Rutherford Photography 

will use qualified staff or 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 Jonathan Rutherford Photography Aerial Operations Manual, 

Monthly Maintenance Log, and Inspire 1 Pro Manual). Furthermore, Jonathan Rutherford 

Photography will document and maintain all maintenance records for the Inspire 1 Pro UAS. 

D. The Reasons Why Granting Jonathan Rutherford Photography 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 Jonathan Rutherford 

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

construction sites, real estate, events and civic landscape over certain areas of the United States. 

Additionally, use of the Inspire 1 Pro UAS will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits of Jonathan 

Rutherford Photography’s proposed operation of the Inspire 1 Pro UAS will be realized without 

implicating any privacy issues. 

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

The Inspire 1 Pro UAS is battery powered and serves 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 an Inspire 1 Pro 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 Inspire 1 Pro UAS 

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. 

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2. The Public Will Benefit From The Safety And Efficiency Of The Inspire 1 Pro UAS. 

Conducting aerial acquisitions with the Inspire 1 Pro 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 Inspire 1 Pro UAS produces 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 Inspire 1 Pro UAS, while reducing the carbon 

footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by 

battery powered electric motors, rather than an internal combustion engine. 

By using the Inspire 1 Pro 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 Inspire 1 Pro UAS (weighing 

approximately 3500g at its maximum gross weight with a diagonal dimension of 559mm, 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 Inspire 1 Pro UAS Will 

Benefit The Economy. 

In addition to being safe and efficient, the Inspire 1 Pro UAS is also an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the Inspire 1 Pro 

UAS will allow United States based companies, like Jonathan Rutherford Photography, to remain 

competitive and contribute to the 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 Inspire 1 Pro 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 Inspire 1 Pro UAS, companies such as Jonathan Rutherford Photography, 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 Inspire 1 Pro 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. 

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4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

Jonathan Rutherford Photography’s proposed operation of the Inspire 1 Pro UAS will not 

implicate any privacy issues. Specifically, the Inspire 1 Pro UAS will be operated only in 

compliance with operating documents (i.e., Jonathan Rutherford Photography Aerial Operations 

Manual, Monthly Maintenance Log, and Inspire 1 Pro 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 Jonathan Rutherford Photography Seeks Exemption. 

1. Reasons Why The Inspire 1 Pro UAS Meets 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, Jonathan Rutherford Photography’s operation of the Inspire 

1 Pro UAS meets 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 

14
 (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, Jonathan Rutherford Photography submits that the Inspire 1 Pro UAS 

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

characteristics of the Inspire 1 Pro UAS; (b) the pilot certification requirement; and (c) the 

specific operating limitations. 

a. The Specifications Of The Inspire 1 Pro UAS Demonstrate Its Safe Characteristics. 

The Inspire 1 Pro 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. 

Additionally the Inspire 1 Pro has unique safety features including “Return To Home” that 

allows the PIC to recover from unexpected events affecting the flight and warning modes that 

notifies PIC via messages on the controller of the proximity of Warning Zones, Restricted Areas, 

and No-fly Zones. In the case of No-fly Zones the Inspire 1 Pro has a mode that prevents the 

operation of the UAS. These features differentiates the Inspire 1 Pro as a uniquely safe and 

complete UAS and is why Jonathan Rutherford Photography chose this specific UAS for its use. 

 i. Technical Specifications Of The Inspire 1 Pro UAS. 

The technical specifications of the Inspire 1 Pro UAS are set forth by the Inspire 1 Pro 

 User Manual, attached and linked hereto as Appendix A. 

 ii. The Inspire 1 Pro UAS Global Positioning Modes Enable The UAS To Remain 

 Within A Defined Operational Area. 

The Inspire 1 Pro UAS may be operated in both manual and global positioning flight 

 modes. A complete description of the flight and navigational modes of the Inspire 1 Pro 

 UAS begins at page 50 of the Inspire 1 Pro User Manual attached and linked hereto as 

 Appendix A. 

 iii. The Inspire 1 Pro 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, in flight, for 3 seconds or more, the Inspire 1 Pro will 

 enter Failsafe Return to Home (RTH) mode. If, after 3 seconds, the Inspire 1 Pro UAS 

 does not reacquire control link data from the GCS, the UAS will assume that the Control 

15
 Link is lost and will return to the home position (i.e., failsafe mode) via GPS, and will 

 descend to the takeoff position and shutdown. 

 Additionally, if for any reason the PIC feels the need to stop the motion of the UAS in 

 flight, the RTH button on the controller will immediately stop or slow the UAS and 

 cause it to return to the Home Point or other location as the PIC may direct. 

 Additionally, the Inspire 1 Pro has a Low Battery Return to Home mode, triggered when 

 the flight battery is depleted to the point that may affect safe return of the aircraft. If no 

 action is taken to return to the Home Point after a ten second countdown, the UAS 

 automatically will return to the Home Point. 

 A complete description of the Failsafe Functions of the Inspire 1 Pro UAS are set forth in 

 the Inspire 1 Pro Manual beginning at Page 15, linked and attached hereto as Appendix 

 A. 

 iv. The Inspire 1 Pro GCS And Its Operation. 

A complete description of the operation and specifications of the Inspire 1 Pro GCS and 

 flight control software is provided on the Inspire 1 Pro Manual, linked and attached 

 hereto as Appendix A. 

b. Flight Operations Of Inspire 1 Pro UAS Is Limited To The Line Of Sight Of A Pilot in 

Command. 

Jonathan Rutherford Photography image and video production staff will be the only persons to 

act as a pilot in command (PIC) of the Inspire 1 Pro UAS. 

c. Flights Of Inspire 1 Pro UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, Jonathan Rutherford Photography proposes to commercially operate 

the Inspire 1 Pro 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 UAS weighing 3500g maximum 

 gross weight: Inspire 1 Pro Unmanned Aircraft Systems. 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 UAS may not be flown at an indicated airspeed exceeding 20 knots. 

16
 4. The UAS must be operated at an altitude of no more than 400 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 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 

17
 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 UAS 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 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. 

 18. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

 operations must be conducted under visual meteorological conditions (VMC). If flight at 

 night is required, a special request will be made at the FAA office closest to proposed 

 area of operations. Flights under special visual flight rules (SVFR) are not authorized. 

18
 19. 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. 

 20. 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.

 21. 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. 

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

 accordance with the operating documents. 

 23. 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. 

 24. 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. 

 25. 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. 

 26. 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. 

 27. 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. 

19
 28. The UA must remain clear and yield the right of way to all manned aviation 

 operations and activities at all times. 

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

 30. 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). 

 31. 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. 

 32. 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. 

Jonathan Rutherford Photography 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 

Inspire 1 Pro UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the Inspire 1 Pro UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

20
Considering Jonathan Rutherford Photography’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 Inspire 1 Pro UAS, Jonathan Rutherford 

Photography submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for Jonathan Rutherford 

Photography’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). 

Jonathan Rutherford Photography will not allow any PIC to operate the Inspire 1 Pro UAS unless 

that PIC has demonstrated, by meeting minimum flight-hour requirements or the Inspire 1 Pro 

UAS training and currency requirements, that the PIC is able to safely operate the Inspire 1 Pro 

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 Jonathan Rutherford Photography’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 

21
 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, Jonathan Rutherford Photography will ensure safe operations by not allowing any 

PIC to operate the Inspire 1 Pro UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the Inspire 1 Pro 

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, Jonathan Rutherford Photography will ensure that the Inspire 1 Pro 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). 

4. 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 Inspire 1 Pro UAS will be provided to the PIC via GPS equipment 

and a radio communications telemetry data link, which downlinks from the UAS to the GCS for 

active monitoring of the flight path and altitude. This altitude information, combined with 

Jonathan Rutherford Photography’s operation of the Inspire 1 Pro UAS within visual line of 

sight, at or below 400 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 UAS 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, 

22
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 Inspire 1 Pro UAS; (2) the 

limitations on the proposed flight operations; and (3) the location of the proposed flight 

operations. Accordingly, Jonathan Rutherford Photography will ensure that it will safely operate 

the battery powered Inspire 1 Pro UAS during daylight hours in VFR conditions, with enough 

battery power to fly for a total duration of 15 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the Inspire 1 Pro 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 Inspire 1 Pro UAS provides audible and visual warnings to the PIC 

at the GCS when the UAS experiences low battery voltage. At the critically low battery level, the 

Inspire 1 Pro UAS will slowly descend and land automatically if no other action is taken. 

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, Jonathan Rutherford Photography 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 

Jonathan Rutherford Photography will use qualified staff and/or trained technicians to perform 

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

and practices prescribed in the operating documents (i.e., Jonathan Rutherford Photography 

Aerial Operations Manual, Monthly Maintenance Log, and Inspire 1 Pro Instruction Manual). 

Furthermore, Jonathan Rutherford Photography will document and maintain all maintenance 

records for the Inspire 1 Pro UAS. 

23
Since the Inspire 1 Pro UAS will be inspected as prescribed by the operating documents, 

Jonathan Rutherford Photography 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 Inspire 1 Pro User Manual is 

attached and linked hereto as Appendix A.

Likewise, the exemption sought will not adversely affect safety because Jonathan Rutherford 

Photography will use qualified staff and/or 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 Inspire 1 Pro UAS will 

be performed by qualified staff and/or 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 Jonathan Rutherford Photography’s proposed operating limitations, the 

operating documents, and the technical aspects of the Inspire 1 Pro UAS, Jonathan Rutherford 

Photography 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). 

7. 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, Jonathan Rutherford Photography requests that the 

FAA prescribe special conditions for the intended operation of the Inspire 1 Pro 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. 

24
Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for 

operation of the Inspire 1 Pro 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 Jonathan Rutherford Photography’s intended operation of the Inspire 1 Pro 

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 Jonathan Rutherford Photography Seeks Exemption: 

Jonathan Rutherford Photography 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 Jonathan Rutherford Photography 

Seeks: 

This exemption will permit Jonathan Rutherford Photography 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 Jonathan 

Rutherford Photography’s Request. 

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, Jonathan Rutherford Photography’s request for 

25
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, Jonathan Rutherford Photography will operate the Inspire 1 Pro 

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, Jonathan Rutherford Photography 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 Inspire 1 Pro 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 Jonathan Rutherford Photography to safely, 

efficiently, and economically operate the Inspire 1 Pro UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Jonathan Rutherford Photography 

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 Jonathan Rutherford 

Photography to operate the Inspire 1 Pro UAS commercially for the purpose of conducting aerial 

video and photography over certain areas of the United States. 

 

Respectfully submitted, Dated: March 4, 2016 

Petitioner: Counsel for Petitioner:

Jonathan Rutherford Ostrovitz Law Office, LLC

Jonathan Rutherford Photography, LLC Atty. Steven L. Ostrovitz

36 Water Street 550 Cochituate Road, Suite 25

Natick, MA 01760 Framingham, MA 01701

617-407-9528 jon@rutherfoto.com 508-861-7565 sostrovitz@ostrovitzlaw.com

APPENDIX: 

A – Link to Inspire 1 Pro Manual: 

http://dl.djicdn.com/downloads/inspire_1_pro/en/Inspire_1_Pro_User_Manual_en_v1.0_1201.pdf

26