# Rupprecht Law P. A.
324 Datura Street, Suite 200 | West Palm Beach, FL 33401 P: (561) 222

- 6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com

March 30 , 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12

- 140, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

Dear Sir or Madam:

Pursuant to Sectio n 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Intelligent Imagery, LLC , an operator of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to all ow commercial operation of its UA, 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.
QUICK REFERENCE SUMMARY:

 Types of aircraft to be flown :

o DJI Phantom 1
, o DJI Phantom 2,

o DJI Phantom 3,

o DJI S900,

o DJI Inspire.

 The operations will be for:

o Aerial filming an d inspections ( previously granted under Exemption # 11221 for MicroCopter Professional Services, Inc. ) We understand aerial filming to include real estate photography.

o Mapping (Exemption # 11213 for Aeryon Labs, Inc. ) , o P erform ing market research (Exemption # 11213 for Aeryon Labs, Inc.),2

o Aerial data collection 1 (Exemption # 11213 for Aeryon Labs, Inc.)
,

 We h ave a commercial pilot who will operate the drone.

 We already agree to all the restrictions listed in Exemption # 11221 so an examiner can quickly copy

- paste the granted exemption. Intelligent Imagery, LLC requests that the publication and comment procedures be waived in accordance with 14 C.F.R. § 11.87 which states : § 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption? The FAA may not publish a summary of your petition for exemption and requ est comments if you present or we find good cause why we should not delay action on your petition. The factors we consider in deciding not to request comment include: (a) Whether granting your petition would set a precedent. (b) Whether the relief request ed is identical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.

Corresponding to the above sub

- sections, Intelligent Imagery, LLC has good cause to request the FAA to waive the comment period and not delay action on the petition because:
(a) Intelligent Imagery, LLC would not set any precedent. Intelligent Imagery, LLC agrees to the
almost SAME exact limitations as Exemption # 11221

. (b ) Intelligent Imagery, LLC agrees to the almost SAME exact limitations as Exemption # 11221 , except we would like to add the Phantom 2 base model which has been granted in other exemptions and the Phantom 3 base model.
(c) Delaying the granting of this petition would adversely affect the public, the FAA, and Intelligent Imagery, LLC. The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (parti culate measurement, etc.), or any other gathering of data by instruments aboard the UA. From Exemption # 11213

.3

inspectors to dedicate their time and attention to much higher prioriti es. Moreover, Intelligent Imagery, LLC is eagerly seeking to start commercial operations and is adversely affected by the above listed regulations.
(d) The petition has been filed in a timely manner.

Petitioner’s contact info:
Intelligent Imagery, LLC Attn: Brent Dillon Phone: 561

- 350

- 8945 Email: ebrentdillion@gmail.com Address: 8129 Emerald Winds Circle, Boynton Beach, FL 33473
Rupprecht Law, P.A. Attn: Jonathan Rupprecht Phone: 561

- 222

- 6979 Email: jon@jrupprechtlaw.com Address: 324 Datura Street, Suite 200, West Palm Beach, Florida 33401
Regulations from which the exemption is requested:

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)
This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely i n the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the FAA Modernization and Reform Act. In making this determination, the Secretary is required to determine which types of UA do not4

create a hazard to us ers of the NAS or the public or pose a threat to national security in light of the following:

 The UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS). 2
Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national
ai rspace system." Id. § 333(c) (emphasis added). 3
The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of
the Act that includes UAS ’ s, from the requirement that all civil aircraft must have a current
airworthiness certificate. “The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sect ions 44702

- 44716 of this title if the Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U

. S

. C

. § 44711(b).

OPERATING DOCUMENTS
Intelligent Imagery, LLC will operate only within the limitations below and also under the DJI Phantom 1 User’s Manual, the DJI Phantom 2 User’s Manual, DJI Phantom 3 User’s Manual
, the DJI Inspire User’s Manual, and the DJI S900 User’s Manual.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY
The applicant proposes that the exemption requested herein applies to civil aircraft that have the
characteristics an d that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure.

2 Reform Act § 333(a). 3 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determine d that the conditions set forth herein do not fulfill the statutory requirements for approval.5

These limitations and conditions, almost identical to Exemption # 11221

. Intelligent Imagery,
LLC agrees to be bound when conducting commercial UA operations . Additions will be underlined and
in bold. Deletions will be striked

- through. The list of limitations and conditions include the following:

1. Operations authorized by this grant of exemptio n are limited to the Tarot T

- 15 (octocopter), Tarot 960 and Tarot 690 (hexacopt ers) DJI Phantom 1, 2, and 3 ; DJI Inspire; and DJI S900 when weighing less than 55 pounds including payload. Proposed operations of any ot her aircraft will require a new petition or a pe tition to amend this

exem ption.

2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated ai rspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operat ing airspeed recommended by the aircraft
manufacturer.

4. The UA must be operated at an altitude of no mor e than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA 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 u naided by any device other than

c orrective lenses, as specified on the PIC’s FAA

- issue d airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all time s. The VO ma y be used to satisfy the VLOS requirement as long a s the PIC always maintains VLOS capability. The
VO and PIC must be able to com municate verbally at all times. Electronic messaging or texting is not permitted du ring flight operations. The PIC must be designated before the6 flight and cannot transfer his or her designation for the duration of the flight. The PIC
must ensure tha t the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and co nduct its operations
in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the ope rating documents. The operating documents must be accessible during UAS opera tions and made available to the Adm inistrator upon request. If a discrepancy ex ists between the conditions and limitations in this exemption and the procedures outli ned in the operating documents, the conditions and limitations herein take p recedence and must be followed. Otherwise, the ope rator must follow the procedur es 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 o r any law enforce ment official upon request. The operator must also present updated and revised document s if it petitions for
extension or amendment to this grant of exemption. If the operato r determines that any update or revision would affect the basis u pon which the FAA g ranted this exemption,
then the operator must petition for an amendment to its gr ant of exemption. The FAA’s
UAS Integration Office (AFS

- 80) may be contacted if quest ions arise regarding updates

or revisions to the oper ating documents.

8

. Any UAS that has undergone maintenance or alteration s that affect the UAS operation or flight characteristics, e.g. replacement of a flight c ritical component, must undergo a functional test flight prior to conducting further operatio ns under this exemp tion. Functional test flights may only be conducted by a P IC with a VO and must remain at least 500 feet from other people. The functional test f light must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The ope rator is responsible for maintaining and inspecti ng the UAS to ensure that it is in a condition for safe operation.7

10. Prior to each flight, the PIC must conduct a pre

- flig ht inspection and determine the UAS is in a condition for safe flight. The pre

- fli ght inspection must account for all potential discrepancies, e.g. inoperable componen ts, items, or equipment. If the inspection reveals a condition that affects the safe operat ion of the UAS, the aircraft is prohibited from operating until the necessary ma intenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufa cturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and ai rcraft component s.

12. Each UAS operated under this exemption must comp ly with all manufacturer safety
bulletins.

13. Under this grant of exemption, a PIC must ho ld either an airline transport, commercial, private, recreational, or sport pilot certif icate. The PIC must also hold a current FAA
airman medical certificate or a valid U. S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Fede ral government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner cons istent with how the UAS will be operated under this exemption, including evas ive and emergency maneuvers and maintaining appropriate distances from persons, vessel s, vehicles and structures. PIC qualification flight hours and currency must be log ged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of train ing the operator’s PICs and VOs (training, proficiency, and experience

- building) and d etermining the PIC’s ability to safely operate the UAS in a
manner consistent wi th how the UAS will be operated under this exemption are permitted
under the te rms of this exemption. However, training operations may only be conducted during dedi cated training sessions. During training, proficiency, and experience

- building flights , all persons not essential for flight operations are considered nonparticipants, and8 the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an a irport reference point (ARP) as
denoted in the curren t FAA Airport/Facility Dire ctory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained
or otherwis e permitted b y a COA issued to the exemption holder. The letter of agreement with the airport ma nagement must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 fee t below or l ess than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to predetermined location within the private or controlled

- access p roperty.

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to con duct the intended operation and to operate after that for at least f ive minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Wai ver or Authorization (COA). All operations shall be conducted in accorda nce with an ATO

- issued COA. The exemption holder may apply for a new or amend ed COA if it intends to conduct operations that
cannot be conducted under the terms of the attached COA.9

22. All aircraft operated in accordance with this exe mpti on must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe oper ation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircra ft is operating. These
documents must be made av ailable to the Admin istrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities
at all times.

25. The UAS may not be operated by the PIC from any moving device or vehi cle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or deb ris in the event of an accident. The operator must

ensure that nonparticipating persons remain under such pr otection. If a situation
arises where nonparticipating persons leave such protec tion and are within 500
feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and,
b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety
assessment of the risk of operating closer to those objects and determined that it
does not present an undue hazard.
The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.10

27. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative.
Permission from property owner/controller or au thorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that trans gresses 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) wit hin 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructions contained on t he
NTSB Web site: www.ntsb.gov

. If this exemption closed

- set motion picture and televis ion filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and telev ision operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the opera tor of the UAS affected by thi s exemption
must submit a written Plan of Activitie s to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may
be waived with the concurrence of t he FSDO. The plan of activities mus t include at least the following:

a. Dates and times for all flights;
b. Name and phone number of the operator for t he UAS aerial filming conducted under this grant of exemption;
c. Name and phone number of the person responsibl e for the on

- scene operation
of the UAS;
d. Make, model, and serial or N

- Number of UAS to be used;
e. Name and certificate number of UAS PICs involved in the aerial filming;11 f. A statement that the operator has obtained permission from property owners
and/or local officials to conduc t the filming production event; the list of those who gave permission must be made available to the inspector upon request;
g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any a rea, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necess ary for the filming production, as specified in the exemption holder’s MPTOM.

STATUTORY CRITERIA PROVIDED IN SECTION 333
The Federal Aviation Act (49 U.S.C.§ 44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate and under the restrictions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without
the restrictions and condition s proposed.
Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no ability or place to carry certification and registration documents or to display them on the unmanned aircraft. An equivalent level of s afety will be achieved by keeping these documents at the ground control point where the pilot flying the UA will have immediate access to them. Given the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as lar ge a font as possible.12

14 C.F.R. § 61.23(a) & (c): M EDICAL C ERTIFICATES Exemption # 11221 , granted to MicroCopter Professional Services, Inc , provided that a U.S. driver’s license could be used in lieu of the medical certificate.

14 C.F.R. § 61.101( E )(4) & (5): R ECREATIONAL P ILOT P RIVILEGES AND L IMITATIONS & 14 C.F.R. § 61.315( A ): S PORT P ILOT L IMITATIONS
. Exempt ion # 11221, granted to MicroCop ter Professional Services, Inc, provided that the “PIC must hold either an airline transport, commercial, private, recreational, or sport pi lot certificate.” Likewise, Intelligent Imagery, LLC is also performing commercial UAS work and is asking for the same restrictions which have been previously deemed to provide an equivalent level of safety as the burdensome regulations.
14 C.F.R. § 61.11 3 (a) & (b): P RIVATE P ILOT P RIVILEGES A ND L IMITATIONS : P ILOT I N C OMMAND
.
Sub

- sections 61.113(a) limit private pilots to non

- commercial 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 airc raft 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 UAS is remotely controlled with no living thing on
board.

14 C.F.R

. § 91.7 ( a ): C IVIL A IRCRAFT A IRWORTHINESS
. Exemption # 11224 granted to NextEra Energy, Inc. determined that the DJI Phantom 2 Vision +, DJI Inspire, and DJI S900 were previously determined in other exemptions to not be required to have an airworthiness certificate based upon the authority of Sect ion 333 of the FAA Modernization and Reform Act of 2012. Other exemptions have also determined that the Phantom 2 platform does not need an airworthiness certificate. See Exemption # 11220 for Aerial Production Services, Inc. The Phantom 3 platform is similar to the Phantom 2 and s hould not need an
airworthiness certificate.13

14 C.F.R. § 91.119: M INIMUM S A FE A LTITUDES Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altit udes prescribed for helicopters by the FAA.
Because of the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these small UAS operations an d the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.121: A LTIMETER S ETTINGS This regulation requires each person operating an aircraft to maintain cruising altitude by
reference to an altimeter that is set "... t o the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the operating manuals.

14 C.F.R. § 91.151( A ): F UEL R EQUIREMENTS FOR F LIGHT IN VFR C ONDITIONS Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane 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

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 4 5 minutes."
The battery powering the UAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR
conditions is reasonable.
Applicant believes that an equivalent level of safety can be achieved by l imiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions and assuming normal14

cruising speed) “there is enough available power for the UA to conduct the intended operation and to operate after that for at least fi ve minutes or with the reserve power recommended by the manufacturer if greater.” Exemption # 11224, at page 9.
14 C.F.R. § 91.405 (a); § 407 (a) (1); § 409 (a) (2); § 417(a) & (b): M AINTENANCE I NSPECTIONS These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between require d inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter..." and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 a pply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small payload and operate only in re stricted areas for limited periods of time. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

C ONCLUSION: The operation of Intelligent Imagery, LLC using a small UAS , weighing less than 55 lbs., conducted under the proposed restrictions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein.
If I can be of any assistance to further expedite this petition, please do not hesi tate to contact me at (561)222

- 6979 or at my email jon@jrupprechtlaw.com.

Sincerely yours,

_____________________ Jonathan Rupprecht, Esq.