April 5, 2015

United States Department of Transportation

Docket Operation

West Building Ground Floor

Room w12­140

1200 New Jersey Avenue, SE

Washington, DC 20590

Petitioner:

Jean­christophe D. E. Dick

1307 19st Apt 1A

Santa Monica CA, 90404

Tel. (310) 906­7686

Email. jcd@jcd.photo

Dear Sir or Madam:

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

Jean­christophe Dick dba as Visual Nitro, planned operator of Small Unmanned Aircraft

Systems (sUASs) equipped to conduct aerial photography for various industries hereby

applies for an exemption from Federal Aviation Regulations (FARs) to allow commercial

operation of their sUASs, so long as such operations are conducted within and under the

conditions outlined herein or as may be established by the FAA as required by Section 333.

Operations would be performed in an area of operation limited in size suitable to the specific

use, chosen in advance of flight. The flight would be planned in advance to minimize hazards

to persons and property in the air and on the ground. The operator would reasonably limit or

control access to provide safety to those not involved in the operation. Operation of a sUAS

would provide significant safety, environmental and other enhancements not possible by

larger sized aircraft.

An FAA licensed airman with a private pilot or higher pilot certificate would operate the sUAS.

Provide a beneficial and currently unavailable service to the general public that would serve

the public interest.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation 's (the FAA Administrator's) responsibilities to "...establish requirements for

the safe operation of such aircraft systems in the national airspace system. " Section 333(c) of

the Reform Act.
Our goal is to operate with maximum precautions to insure safe flight and to provide low­cost

access to aerial photography as well as share with the public the spirit of flight through public

exhibits as has been done in the past (Fine Arts Building Los Angeles, Museum of Flight

Seattle etc..)

Best & kind regards,

Jean­christophe Dick

Visual Nitro Founder
I. Company Background

II. Training & Operations

III. Regulations

– Exemptions Requested

a. 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates

b. 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements

c. 14 C.F.R. § 61.113 (a) & (b) and § 61.133(a)(1) – Private and Commercial Pilot

Privilege and Limitations

d. 14 C.F.R. § 91.7(a) – Civil Aircraft Airworthiness

e. 14 C.F.R. § 91.103 – Preflight Action

f. 14 C.F.R. § 91.109 – Flight Instruction

g. 14 C.F.R. § 91.119 – Minimum Safe Altitudes

h. 14 C.F.R. § 91.121 – Altimeter Settings

i. 14 C.F.R. § 91.151(a) – Fuel Requirements for Flight in VFR Conditions

j. 14 C.F.R. § 91.405(a), § 91.407(a)(1), § 91.409(a)(2) and § 91.417(a) & (b) –

Maintenance Inspections

IV. sUAS Model & Specifications

V. Public Interest

VI. Privacy Concerns

Additional Documentation:

1. Visual Nitro Operations Manual

2. DJI Inspire 1 Manual

3. DJI Inspire 1 Maintenance Manual

4. Examples of Visual Nitro Photography
I. Company Background

Visual Nitro is sole proprietorship owned by Jean­christophe Dick, a professional

photographer and an active certificated private pilot. The Visual Nitro name was first used in

2000 when the internet domain name visualnitro.com was first purchased; it was then

registered as a sole proprietorship in Montreal Quebec Canada under the name Nitro Visuel /

Visual Nitro on Janurary 15, 2007. Visual Nitro was then re­registered as a sole proprietorship

in Los Angeles California on August 2, 2012 and has operated in Los Angeles California ever

since.

The owner/operator of Visual Nitro, Jean­christophe Dick is a certificated private pilot and a

professional photographer. He also works for an aviation consultancy whose clients include

airports of all sizes from small general aviation airfields, to major international hubs. He has

worked on Airport Master Plans, Airport Layout Plans and Airfield Geometry Safety Studies.

As both a pilot and an aviation consultant, he is very familiar with aviation procedures, safety

and concerns. In his professional capacity, he has interfaced with representatives from the

FAA concerning airport and airspace safety and is very familiar with airspace safety concerns

and airport operations. Jean­christophe has also been employed by the airport consultancy

and sometimes directly by the airports to photograph airside operations for reports and for use

by the airport authorities. He had secure airside access at LAX and IAH airports and driving

privileges at LAX. Due to his professional experience and private pilot experience,

Jean­christophe Dick is fully cognizant of the safety issues of aircraft, airspace and airport

operations. Jean­christophe Dick will be the sole operator of the sUAS and is proficient with

the model of sUAS which is being submitted for exemption with this petition.

II. Training & Operations

Visual Nitro believes that by following the operational procedures as detailed below we can

achieve a similar level of safety as in practice with manned aircraft.

1. The sUAS will weigh less than 7.5 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer (if present).

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be

terminated at 20% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Minimum crew for each operation will consist of the sUAS Pilot. A Visual Observer may be

used to increase the area where the sUAS may operate.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third

class medical. The observer will hold at least a third class medical.

7. sUAS Pilot will be Pilot in Command (PIC).

8. The UAS will only operate within a confined area, the flight operations area. This area will

be controlled in access, all persons in this area will agree to sUAS operations above.
9. The operator will obtain the consent of all persons involved in the filming and ensure that

only consenting persons will be allowed within 100 feet of the flight operation. With the

advanced permission of the relevant FSDO, operations at closer range can be approved.

10. Pilot and observer (if present) will have been trained in operation of UAS generally and

received up­to­date information on the particular UAS to be operated.

11. Observer (if present) and pilot will at all times be able to communicate by voice and/or

text.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental

agencies.

14. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to

return to a pre­determined location within the Security Perimeter and land.

15. The sUAS will have the capability to abort a flight in case of emergencies.

Operator (PIC)

The sUAS operator will hold at least a Private Pilot Certificate with the FAA and a valid

Third Class Medical certificate. The sUAS operator must be proficient with the specific model

type of aircraft and have at least 10 hours of flight on the model described in this manual and

25 hours on sUAS systems in general. Currency requirements will be 3 take­offs and 3

landings within 90 days of the mission.

The operator will follow training documents as provided by DJI and will undergo 5 hours of

flight training following this program to ensure proficiency. This flight hours will be logged in a

standard pilot log book which can be presented upon request.

Documents to be present before and during every flight

1. Visual Nitro Operations Manual

2. DJI Inspire 1 Flight Log

3. DJI Inspire 1 Operators Manual

4. DJI Inspire 1 Maintenance Manual

5. Operator Pilot Certificate (Private Pilot or higher)

6. Operator Medical Certificate (III Class or higher)

7. Aircraft Registration (if applicable)

8. Preliminary Site Survey Map with potential obstructions noted

Operating Parameters

Maximum altitude: 400 feet AGL

Maximum velocity: 42 knots

Maximum distance from operator: Within visual line of sight of operator or visual observer up

to a maximum distance of 1,640 feet from the operator. This is well within the radio operating

distance which is 7,920 feet (with no obstructions).

Visibility: Minimum 3 statute miles

Distance from clouds: At least 500 feet below, 1,000 feet above and 2,000 feet horizontally
Hours of Operation: Between Sunrise and Sunset

Meteorological Conditions: Dry, no rain, no snow, no excessive winds (greater than 19 knots)

Visual Nitro intends to operate the sUAS for commercial purposes and has detailed an

Operations Manual with the procedures to follow for commercial operations of the aircraft that

is more detailed than what is described in this petition. This manual is attached as an

appendix to this petition.

III. Regulations

Jean­christophe Dick, dba Visual Nitro, requests an exemption from the following regulations

as well as any additional regulations that may technically apply to the operation of sUAS 's:

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for UAS, we request an

experimental certificate be issued for the sUAS's operated by the applicant under either or

both of the following provisions :

21 .191 Experimental certificates.

Experimental certificates are issued for the following purposes:

Research and development. Testing new aircraft design concepts, new aircraft equipment,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

Showing compliance with regulations. ​Conducting flight tests and other operations to show

compliance with the airworthiness regulations including flights to show compliance for

issuance of type and supplemental type certificates, flights to substantiate major design

changes, and flights to show compliance with the function and reliability requirements of the

regulations.

Since the experimental certificate can be used for commercial purposes such as market

surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property and will only fly under strict operational

requirements. Combined with the fact that any aircraft operated would be light weight and is

constructed primarily out of plastic or carbon fiber, we propose that a sUAS will be at least as

safe, if not safer, than a conventionally certificated aircraft performing the same function.

If an 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 of safety outlined in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number

assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally,

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or

cockpit entrance so that it is legible to passengers or crew." A sUAS is too small to carry
documentation, does not have an entrance, and is not capable of carrying passengers or

crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that

documents deemed appropriate for this aircraft by the FAA will be co­located with the crew at

the ground control station and available for inspection upon request. In order to identify the

aircraft, we propose the use of the sUAS' unique manufacturers serial number, and a contact

telephone number be mounted on the sUAS on a placard of reasonable size in relation to the

sUAS. In the event that a unique manufacturers serial number is not available, the previously

mentioned placard will be affixed to the sUAS consisting of the contact telephone number of

the sUAS operator.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the 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 near the entrance to the cabin, cockpit, or

pilot station. A sUAS does not have an entrance in which the word "EXPERIMENTAL" can be

placed, and may not have a registration number assigned to it by the FAA. We propose to

achieve an equivalent level of safety by including the word "EXPERIMENTAL" on the top or

side of the aircraft, in the form of a placard. The label will be of a size that will not overwhelm

the aircraft, but will be reasonably readable to someone near the sUAS. The placard outlined

in the previous paragraph will provide sufficient identifiably should someone discover the

aircraft on the ground.

14 CFR 91.9 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 in the aircraft . The intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to

this requirement since the sUAS cannot carry such a manual, and if the sUAS did carry such

manual, it would be unavailable to the crew for review. To obtain an equivalent level of safety

and meet the intent of 91.9, we propose that a current, sUAS operation manual or equivalent

be available the crew at the ground station anytime the aircraft is in, or preparing for flight.

14 CFR 91.109 Flight instruction; 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 controls for a

sUAS do not currently have a set of fully functioning dual controls. If a sUAS pilot is being

trained, the pilot performing the training would be directly supervising and could take over the

controls from the pilot in training if the need arose. This would be similar to the technique of a

"throw­over type" control wheel in some fixed wing aircraft. We feel that this technique meets

the intent 91.109 and provides an equivalent level of safety.

14 C.F.R. § 91.103: Preflight action
This regulation requires each pilot in command to take certain actions before flight to insure

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the

aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth

in Operations Manual. The PIC will take all actions including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data before initiation of

flight.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated

closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of

this sUAS would be photography or survey of persons, vessels, vehicles or structures it would

be necessary to operate closer than 500 feet to the items listed. Operations will only be flown

over property or persons where permission has been obtained, and careful pre­planning has

been performed. Further, sUAS aircraft operate at a very slow airspeed, and a low mass, and

do not need as much space to operate safely, as outlined in 91.119. We believe the slower

speed, smaller mass and careful pre­planning would provide an equivalent level of safety.

14 CFR 91.121 Altimeter settings.

The regulation provides that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 nautical miles of the aircraft. The sUAS will normally be

flying close to the ground , and in line of sight of the PIC or an observer. This line of sight

operation will provide separation from other aircraft, obstructions and terrain, and would

override the use of an altimeter for such a purpose. We feel that this will provide an equivalent

level of safety .

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day­VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to

fly after that for at least 30 minutes. We feel the intention of this paragraph it to provide a

reasonable reserve of energy to plan for a safe landing should there be a delay in landing.

The close proximity to the ground station, the ability for both rotorcraft and small fixed wing

aircraft to land in a very small space and the built in energy level monitoring of the sUAS we

feel provide an equivalent level of safety if the flight is planned to be completed with 20%

battery energy remaining. We request an exemption to the word "fuel" and ask for an

equivalent interpretation with the word "energy".

14 CFR Subpart E (91.401 ­ 91.417)­ Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the 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 that the aircraft be "approved for return to service by a person

authorized under 43 .7 “after maintenance and inspection. It is our intention that the PIC
perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft

for return to service."

Prior to every flight, the PIC will inspect the aircraft to ensure that it is in an airworthy

condition. Any general maintenance procedures or replacement of consumable items outlined

by the sUAS manufacturer, if applicable, will be complied with by the PIC. In no circumstance

will a sUAS be operated in a condition that is deemed, or suspected to be, unsafe. If such a

determination is reached, and the problem cannot be remedied to the satisfaction of the PIC,

the sUAS will not be operated until consulting with the manufacturer or one of it's authorized

dealers to complete necessary repairs. We feel that due to the size, construction , and

simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non­commercial operations. Because the UAS

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level

of safety of current operations by requiring the PIC operating the aircraft to have a private

pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled

with no living thing on board. The area of operation is controlled and restricted, and all flights

are planned and coordinated in advance as set forth in the Manual. The level of safety

provided by the requirements included in the Manual exceeds that provided by a single

individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks

associated with the operation of the sUAS are so diminished from the level of risk associated

with commercial operations contemplated by Part 61 when drafted, that allowing operations of

the sUAS as requested with a private pilot as the PIC exceeds the present level of safety

achieved by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. §91.7(a): Civil aircraft airworthiness. The

regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this

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

Given the size of the aircraft and the requirements contained in the Manual for maintenance

and use of safety check lists prior to each flight, an equivalent level of safety will be provided.

8900.227 Paragraph 16(c)(4) PIC Medical and Paragraph 16(e)(1) Observer Medical.

This policy provides that both the PIC and observer must have a valid FAA second­class

medical certificate issued under part 67 in order to perform as a pilot or observer. Requiring

the crew to meet the same medical requirements as a commercial pilot carrying passengers

in a large aircraft is an unnecessary burden.

We propose that the minimum medical requirements be a third­class medical for the PIC and

corrected 20/20 vision and valid driver’s license for the observer. The risk of both the PIC and

observer becoming incapacitated at the same time and suddenly is very low. Further, since

the sUAS is operating close to the ground, it could be brought in for landing in a very short

time if incapacitation was suspected. Finally, the sUAS that will be used are equipped with an
automatic return to home feature which would provide a final level of safety. We feel this

would provide an equivalent level of safety.

IV. sUAS Model & Specifications

The model of sUAS that will be used if this petition is approved will be the DJI Inspire 1.

The DJI Inspire 1 is a commercially available, off the shelf aircraft with operation similar to that

of a rotorcraft. It is propelled by four (4) electric engines powered by a Lithium­Polymer

battery pack. The aircraft fully loaded in take­off configuration weighs under 8 lbs.

The sUAS is controlled by either one (1) operator via remote control or by two (2) operators,

each with a remote control, one controlling the aircraft flight movements (PIC) and the other

controlling only camera movement and functions.

This model of sUAS contains a safety feature that, in case of emergency the operator can

activate a return to home feature that will automatically return the sUAS to its initial point of

departure, the operator maintains control of the altitude for obstacle avoidance and final

landing.

If the aircraft loses remote control connectivity for more than three(3) seconds, the device will

automatically return back to the point of departure. If connectivity is regained, the operator will

regain control.

If the aircraft detects minimum battery power remaining, it will automatically return to its point

of departure and land if there is only enough power to land.

The DJI Inspire 1 does not carry combustible fuel.

DJI has issued an Operators Manual and a Maintenance Manual. These manuals have been

included as Appendices to this petition and have been integrated into the Visual Nitro

Operations Manual.

More information on this model of sUAS can be found in the Visual Nitro Operations Manual

and the DJI Inspire Operators Manual and Maintenance Manual

Aircraft Specifications

● Model: T600 / Inspire 1

● Weight (Battery Included): 2935 g / 6.5 lbs

● Hovering Accuracy (GPS Mode)

Vertical: 0.5 m / 1.6 feet

Horizontal: 2.5 m / 8.2 feet

● Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

● Max Tilt Angle: 35°

● Max Ascent Speed: 5 m/s / 9.7 knot
● Max Descent Speed: 4 m/s / 7.7 knot

● Max Speed: 22 m/s (ATTI mode, no wind) / 42 Knots

● Max Flight Altitude

4500 m / 14,650 feet MSL (Limited by software to a maximum of 500 m AGL / 1,640

feet AGL)

● Max Wind Speed Resistance: 10 m/s / 19 knots

● Max Flight Time: Approximately 18 minutes Standard Battery / 22 minutes Large

Capacity Battery

● Motor Model: DJI 3510

● Propeller Model: DJI 1345

● Operating Temperature Range: ­10° to 40° C / 14° to 104° F

● Dimensions: 438x451x301 mm / 17.25x17.76x11.85 inches

Communication Specifications

● Operating Frequency

5.725~5.825 GHz

2.400~2.483 GHz

● Transmitting Distance (Outdoor And Unobstructed)

2 km / 1.25 miles

● Device is FCC compliant

V. Public Interest

Visual Nitro will provide low­cost aerial imagery to clients in diverse fields, entertainment,

agriculture, government, real­estate etc. that would normally be cost­prohibitive if taken with

manned aircraft.

An additional focus of Visual Nitro is to take fine art photography using new and difficult to use

technologies. Photos taken by the owner and operator of Visual Nitro have been on public

display in various venues including the Fine Arts Building in Los Angeles, the Museum of

Flight in Seattle and the Los Angeles Center for Digital Arts, Santa Monica College and other

venues. Our goal is to share the spirit of flight with the general public.

Visual Nitro is also is a specialist in Infrared Photography. Different from FLIR systems

commonly known for search/rescue and night vision, infrared photography as practiced by

Visual Nitro uses equipment optimized to shoot images beyond the human visual range.To

date, I have not found any photos taken by current Section 333 exempted operators that

operate using this photographic technique. Infrared photography can also be used to analyze

vegetation with more clarity as vegetation stands out against any different kind or organic or

mineral material and can be beneficial to agricultural and governmental organizations.

VI. Privacy Concerns

The aircraft will be flown in full accordance with all local, state and federal laws regarding

privacy. Any commercial work accepted by Visual Nitro will only film and overfly consenting

persons and will not overfly private residences that have not consented to overfly and filming.
Additionally, the lens on the camera of DJI Inspire 1 is equivalent to a 20mm wide angle lens

on a 35mm film camera coupled with a 12 megapixel imaging sensor. This kind of equipment

precludes any type of “zoom” that could identify persons at a distance due to the low

resolution of the sensor and very wide angle/ low telephoto range of the lens.