1

December 14 , 2015 Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey

Ave, SE Washington, DC 20590

RE: Schuman Aviation Company dba Makani Kai Helicopters REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF 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) CONCERNING COMMERCIAL OPERATION OF THE DJI INSPIRE 1 UNMANNED AIRCRAFT SYS TEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Richard Schuman President Schuman Aviation Company dba Makani Kai Helicopters 130 Iolana Place Honolulu, Hawaii 96819 (808) 834

- 5813 Fax (8080 837

- 7867 Richard@MakaniKai.com2 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3

SUMMARY...................................................................................................................... .....4

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

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

BASIS FOR PETITION.........................................................................................................5

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

............ ...................................... 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH MAKANI KAI HELICOPTERS SEEKS EXEMPTION........................................

........................................... ... .... ........... ....... 7 THE EXTENT OF RELIEF MAKANI KAI HELICOPTERS SEEKS AND THE REASON MAKANI KAI HELICOPTERS SEEKS THE RELIEF

.......... ................... ......... ....... . . . .. ... 1 0 THE REASONS WHY GRANTING MAKANI KAI HELICOPTERS REQUEST WOULD BE IN THE PUBLIC INTEREST ...................................

............ .................. ........... .......... .1 2 THE REASONS WHY GRANTING THE EXEMPTION TO MAKANI KAI HELICOPTERS WOULD NOT ADVERSELY AFFECT SAFETY..........................................

............. ... .... 1 4 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER....

.......... .. . .. 25 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT THE ALTEK MEDIA GROUP ’S REQUEST...

.......................................... . . ... 25 CONCLUSION............................................................................................................

. ........ 2 5 APPENDICES...............................................................

. ......................... 263 **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 Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedure s UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** Schuman Aviation Company dba. Makani Kai Helicopters hereafter referred to as Makani Kai Helicopters 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 (DJI Inspire 1 ) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Makani Kai Helicopters to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscape s and events over certain areas of Hawaii

.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** Makani Kai Helicopters , an FAA Part 135 air carrier, has for over twenty

- f ive ye ars provided visitors, businesses, local state and federal agencies and other entities with aerial tours, charters, aerial photography, video and other aviation services

. Makani Kai Helicopters has worked on dozens of television, commercial and major motion picture productions over the past 2 5 ye ars in all ty pe s of locations with a perfect client and employee safety record

. The objective of Makani Kai Helicopters and our Unmanned Aircraft System (DJI Inspire 1 ) aerial operations is to provide a more affordable , high

- quality production system for a variety o f governmental, commercial, public, and residential uses, specifically targeting

• Construction sites before and after

• Appraisals

• Real

- estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and governmental training

• TV commercials, film and other productions My staff has safely flown RC gas and electric airplanes, helicopters and quadcopters recreationally for approximately 30 years without incident or accident

. **BACKGROUND** Unmanned Aircraft Systems: DJI Inspire 1 , UAS Makani Kai Helicopters seeks an exemption to operate a DJI Inspire 1 system for compensation or hire within the NAS. The DJI Inspire 1 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 has a maximum gross weight of approximately 2935 grams while having dimensions of 438 x 451 x 301 mm, a maximum speed of approximately 49.2 miles per hour (no wind) and a maximum flying height of 400'

. The DJI Inspire 1 is equipped with four main rotors driven by lithium poly mer battery

powered electric motors.5

The DJI Inspire 1 that will be operated by Makani Kai Helicopters will be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, 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, Makani Kai Helicopters , 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 DJI Inspire 1 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). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Makani Kai Helicopters operation of a DJI Inspire 1 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, Makani Kai Helicopters 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. Makani Kai Helicopters submits that the requested relief is proper since an equivalent level of safety will be ensured. Makani Kai Helicopters 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 Maintenanc e Lo g, and DJI Inspire 1 Instruction Manual). Furthermore, Makani Kai Helicopters will document and maintain all maintenance records for the DJI Inspire 1 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Makani Kai Helicopters 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 DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Makani Kai Helicopters seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Inspire 1 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Makani Kai Helicopters submits that they will ensure that the DJI Inspire 1 UAS is in an airworthy condition, prior to every f light, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJI Inspire 1 Instruction Manual), and that the aircraft is in a condition for safe flight.6

Makani Kai Helicopters also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Inspire 1 UAS will not have a ty pical barometric altimeter onboard. However, altitude information of the DJI Inspire 1 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Makani Kai Helicopters’ operation of the DJI Inspire 1 UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Makani Kai Helicopters seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Makani Kai Helicopters submits that safety

will not be affected by

operation of the DJI Inspire 1 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 22 minutes

. B attery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of take off. Inaccordance with 14 C.F.R. § 11.81, Makani Kai Helicopters provides the following information in support of its petition for exemption:

**A. Name a** **nd Address o f**  **The Petitioner.** The name and address of the Petitioner and point of contact is: Richard Schuman President Schuman Aviation Company dba Makani Kai Helicopters 130 Iolana Place Honolulu, Hawaii 96819 (808) 834

- 5813 Fax (8080 837

- 7867 Richard@MakaniKai.com7

**B. The**  **Specific Sections**  **o f**  **14 C.F.R.**  **From Which**  **Makani Kai**  **Helicopters Seeks**  **Exemption. 1.**  **Makani Kai**  **Helicopters Seeks**  **Exemption from**  **The Requirements**  **o f**  **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 employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. **2. Makani Kai Helicopters**  **Seeks Exemption from The Requirements o f 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. Makani Kai Helicopters**  **Seeks Exemption from The Requirements o f 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 b e, 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) Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4. Makani Kai Helicopters**  **Seeks Exemption from The Requirements o f Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection8

(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. Makani Kai Helicopters**  **Seeks Exemption from The Requirement o f Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (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. Makani**  **Kai Helicopters**  **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) Ithas been approved for return to service by ap erson authorized under § 43.7 of this chapter[.] **7. Makani**  **Kai Helicopters**  **Seeks Exemption**  **from The**  **Requirements o** **f 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 o f this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8. Makani**  **Kai Helicopters**  **Seeks Exemption**  **from The**  **Requirements o** **f Sections**  **91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:9 (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 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 insp ection 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 ye ar 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.10 (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 o** **f Relief**  **Makani Kai**  **Helicopters Seeks**  **a nd**  **The Reason**  **Makani Kai**  **Helicopters Seeks The Relief.**  **1. Extent**  **o f**  **Relief Makani**  **Kai Helicopters**  **Seeks a** **nd The**  **Reason Makani**  **Kai Helicopters**  **Seeks Relief f**

**rom 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 61.11 3(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 employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more fully

below, Makani Kai Helicopters submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Inspire 1 UAS unless that PIC has met certain f

light

-hour and currency

requirements, demonstrating that the PIC is able to safely operate either the DJI Inspire 1 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. Further, Makani Kai Helicopters submits that all flights of the DJI Inspire 1 UAS conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Makani Kai Helicopters’ business; and (2) will not carry passengers or property

for compensation or hire.

**2. Extent**  **o f**  **Relief Makani**  **Kai Helicopters**  **Seeks a** **nd The**  **Reason Makani**  **Kai Helicopters**  **Seeks Relief f**

**rom Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Makani Kai Helicopters to determine that the DJI Inspire 1 UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Makani Kai Helicopters Aerial Operations Manual, Monthly Maintenance Lo g, and DJI Inspire 1 Instruction Manual). Makani Kai Helicopters seeks the requested relief because the DJI Inspire 1 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Makani Kai Helicopters will ensure that the DJI Inspire 1 UAS is in airworthy condition based11

upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and the DJI Inspire 1 ) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent**  **o f**  **Relief Makani**  **Kai Helicopters**  **Seeks a** **nd The**  **Reason Makani**  **Kai Helicopters**  **Seeks Relief f**

**rom Section 91.121.** Relief from Section 91.121, entitled Altimeter settings , may b e required to allow flight operations of the DJI Inspire 1 UAS, which utilize 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), Makani Kai Helicopters seeks the requested relief because the DJI Inspire 1 UA’s altimeter may

be set on the ground to zero feet AGL, rather than the loc al 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 DJI Inspire 1 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**  **o f**  **Relief Makani**  **Kai Helicopters**  **Seeks a** **nd The**  **Reason Makani**  **Kai Helicopters**  **Seeks Relief f**

**rom 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 DJI Inspire 1 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 22 minutes. Makani Kai Helicopters seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1 UAS will severely constrain the practicality o f any aerial video or still photo flight operations that Makani Kai Helicopters proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Inspire 1 UAS , the DJI Inspire 1 operating documents, and Makani Kai Helicopters proposed operating limitations, ensure that Makani Kai Helicopters will safely operate the battery powered DJI Inspire 1 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 22 minutes

.12

**5. Extent**  **o f**  **Relief Makani**  **Kai Helicopters**  **Seeks a** **nd The**  **Reason Makani**  **Kai Helicopters**  **Seeks Relief**  **f**

**rom 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) apply only to aircraft with an airworthiness certificate, Makani Kai Helicopters requests relief from these Sections because the DJI Inspire 1 UAS do es not require an airworthiness certificate . As set forth more fully

b elow, the DJI Inspire 1 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Makani Kai Helicopters will use 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 Makani Kai Helicopters Aerial Operations Manual, Monthly Maintenance Lo g, and DJI Inspire 1 Instruction Manual). Furthermore, Makani Kai Helicopters will document and maintain all maintenance records for the DJI Inspire 1 UAS

.

**D. The**  **Reasons Why**  **Granting Makani**  **Kai Helicopters**  **Request Would**  **Be i** **n 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 Makani Kai Helicopters to safely, efficiently, and economically p erform aerial video and photography of construction sites, real estate, events, civic landscape and film and video production over certain areas of Hawaii

. Additionally, use of the DJI Inspire 1 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Makani Kai Helicopters’ proposed operation of the DJI Inspire 1 UAS will be realized without implicating any privacy issues.

**1. The Public Will Benefit f rom Decreased Congestion o** **f The NAS.** The DJI Inspire 1 UAS is battery powered and serve s 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 a DJI Inspire 1 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 DJI Inspire 1 UAS do es 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.13

**2. The Public Will Benefit f rom The Safety and Efficiency o** **f The DJI**  **Inspire 1 UAS.**  Conducting aerial acquisitions with the DJI Inspire 1 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 DJI Inspire 1 UAS produce s no air pollution, and is the most viable environmentally

conscious alternative to the cabin class, six

- cylinder internal combustion engine fixed

-wing aircraft and turbine powered helicopters that are ty pically utilized for aerial video and photography, while burning anywhere between 20 and 50 gallons per hour of fuel. The DJI Inspire 1 UAS , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by b attery powered electric motors rather than an internal combustion engine. By using the DJI Inspire 1 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 DJI Inspire 1 UAS (weighing approximately 2 935 grams at its maximum gross weight with physical dimensions of 438 x 451 x 301 mm) , has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty pically conduct similar operations (weighing anywhere from 1,500 to 6,000 pounds with commensurate larger dimensions)

. **3. Performing Aerial Vi deo and Photography Operations w** **ith The DJI**  **Inspire 1 UAS**  **Will Benefit The Economy.**  Inaddition to being safe and efficient, the DJI Inspire 1 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire 1 UAS will allow Hawaii based companies, such as Makani Kai Helicopters , to remain competitive and contribute to the growth of the U.S. economy. Operating the battery powered DJI Inspire 1 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 DJI Inspire 1 UAS, companies such as Makani Kai Helicopters , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to the growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Inspire 1 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.

**4. There Are No Privacy Issues.**14

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Makani Kai Helicopters’ proposed operation of the DJI Inspire 1 UAS will not implicate any privacy i ssues. Specifically, the DJI Inspire 1 UAS will be operated only in compliance with operating documents (i.e., Makani Kai Helicopters Aerial Operations Manual, Monthly Maintenance Lo g, and DJI Inspire 1 Instruction 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 t he 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**  **Makani Kai Helicopters Seeks Exemption.**  **1. Reasons**  **Why The**  **DJI Inspire**  **1 UA** **S Meet**  **t he**  **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, Makani Kai Helicopters’ operation of the DJI Inspire 1 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 f or 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 (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 airspace15 system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Makani Kai Helicopters submits that the DJI Inspire 1 UAS can operate safely

in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJI Inspire 1 UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications o f The**  **DJI Inspire**  **1 UAS**  **Demonstrate Its Safe Characteristics.** The DJI Inspire 1 UAS do es 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. **i. Technical Specifications o**  **f The DJI**  **Inspire 1 UAS**  **.** The technical specifications of the DJI Inspire 1 UAS are set forth by the DJI Inspire 1 User Manual , attached hereto as Appendix A

. **ii. The DJI**  **Inspire 1 UAS**  **Global Positioning Modes Enable The UAS t** **o Remain With** **in a Defined Operational Area.**  The DJI Inspire 1 UAS may b e operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Inspire 1 UAS is provided at page 12 of the DJI Inspire 1 User Manual attached hereto as Appendix A

. **iii. The DJI**  **Inspire 1 UAS**  **is Designed f**  **or Automatic Return t o Home Point Or**  **Hover In The Event Of Loss Of The Control Link Or Navigation.** When the Control Link is lost, the DJI Inspire 1 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 UAS do es not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., fails afe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsaf e Functions of the DJI Inspire 1 UAS are set forth at pages 13 and 14 of the DJI Inspire 1 User Manual, attached hereto as Appendix A

. **iv. The DJI**  **Inspire 1 GCS a** **nd Its Operation.** A complete description of the operation and specifications of the DJI Inspire 1 GCS and flight control software is provided at pages 11 through 33 of the DJI Inspire 1 User Manual. The DJI Inspire 1 User Manual is attached hereto as Appendix A

. **b. Flight Operations o f**  **DJI Inspire 1**  **UAS Is**  **Limited t o The Line of Sight o**  **f a Certificated**  **Pilot in Command w ith A Safety Observer.**  Makani Kai Helicopters ’ video production staff will be the only p ersons to act as a pilot in command (PIC) of the DJI Inspire 1 UAS

. Additionally, a safety observer will assist him at all times during flight time.16

**c. Flights o f**  **DJI Inspire 1**  **UAS Will Be Conducted Pursuant t** **o Specific Operating Limitations.**  In seeking this exemption, Makani Kai Helicopters proposes to commercially operate DJI Inspire 1 UAS for the special purpose of conducting aerial video and photography over certain areas of Hawaii , 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 less than 55 pounds maximum gross weight: DJI Inspire 1 Unmanned Aircraft System

. 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 UA S may

not be flown at an indicated airspeed exceeding 3 0 knots. 4. The UA must be operated at an altitude of no more than 4 00 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 or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may b e 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.17 Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may u pdate or revise its operating documents. Iti s the operator’s responsibility to track such revisions and present updated and revi sed 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 basi s 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 b e contacted if questions arise regarding updates or revisions to the operating documents. 1 0. 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 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 insp ections. 17. The PIC must possess at least a private pilot certificate and at least a current third

class medical certificate. 18. 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 the18 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. 19. 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. 20. 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. 21. 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. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. 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. 25. 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.19 26. 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. 27. 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. 28. 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. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 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 p ersons 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 ri sk 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 B oard (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.20

**2. Reasons Why a n E**  **xemption f rom The Requirements o**  **f Section 61.113(a) And (b) Would Not Adversely Affect Safety.**  Makani Kai Helicopters submits that the equivalent level of safety established by S ection 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

-hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Makani Kai Helicopters’ 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 DJI Inspire 1 UAS, Makani Kai Helicopters submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary f or Makani Kai Helicopters’ 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). Makani Kai Helicopters will not allow any PIC to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by

meeting minimum flight

-hour requirements or the DJI Inspire 1 UAS training and currency

requirements, that the PIC is able to safely operate the DJI Inspire 1 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). Inaddition 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 Makani Kai Helicopters’ 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 have21

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

b e 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 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, Makani Kai Helicopters will ensure safe operations by not allowing any

P IC to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

hour and currency

requirements, that the PIC is able to safely operate the DJI Inspire 1 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 a** **n Exemption**  **f rom**  **The Requirements**  **o f**  **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 f light, Makani Kai Helicopters will ensure that the DJI Inspire 1 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 a** **n Exemption**  **f rom**  **The Requirements**  **o f**  **Section 91.121**  **Would Not**  **Adversely Affect Safety.** The equivalent level of safety established by S ection 91.121 will be maintained because the altitude information of the DJI Inspire 1 UAS will be provided to the PIC via GPS equipment22

and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Makani Kai Helicopters’ operation of the DJI Inspire 1 UAS within visual line of sight, at or below 500 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 UA S 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, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. Reasons**  **Why a** **n E**  **xemption f**  **rom The**  **Requirements o**  **f Section**  **91.151(b) Would**  **Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 1 4 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Inspire 1 UAS ; (2) the limitations on the proposed flight operations; and (3) the loc ation of the proposed flight operations. Accordingly, Makani Kai Helicopters will ensure that it will safely operate the battery powered DJI Inspire 1 UAS during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 22 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire 1 UAS ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 1 4 C. F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Inspire 1 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately

3 3% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Inspire 1 UAS will descend and land automatically

. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that s afety 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, 1 1065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons**  **Why An**  **E xemption**  **From The**  **Requirements o** **f Sections**  **91.405(a), 91.407(a)(1),**  **91.409(a)(1) &**  **(a)(2), And**  **91.417(a) &**  **(b) Would**  **Not Adversely**  **Affect Safety.**23

In seeking this exemption, Makani Kai Helicopters submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by S ections 91.405(a), 91.407(a)(1), 91 .409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Makani Kai Helicopters will use 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., Makani Kai Helicopters Aerial Operations Manual, Monthly Maintenance Lo g, and DJI Inspire 1 Instruction Manual). Furthermore, Makani Kai Helicopters will document and maintain all maintenance records for the DJI Inspire 1 UAS. Since the DJI Inspire 1 UAS will be inspected as prescribed by the operating documents, Makani Kai Helicopters will maintain the equivalent level of safety e stablished by

S ections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Inspire 1 User Manuals are attached hereto as Appendix A and B; a copy o f the DJI Inspire 1 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because Makani Kai Helicopters will use 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 DJI Inspire 1 UAS will be performed by

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. Inconsideration of Makani Kai Helicopters’ proposed operating limitations, the operating documents, and the technical aspects of the DJI Inspire 1 UAS , Makani Kai Helicopters 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. 11 062, 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 f**  **or 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 , Makani Kai Helicopters requests that the FAA prescribe special conditions for the intended operation of the DJI Inspire 1 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 of24

conducting aerial video and photography over certain areas of Hawaii 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 f or 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. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Inspire 1 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 Makani Kai Helicopters’ intended operation of the DJI Inspire 1 UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 6 1.113(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 i** **n The**  **Federa l**  **Register, stating:**  **The Rules f**  **rom Which Makani Kai Helicopters**  **Seeks Exemption:**

Makani Kai Helicopter

s 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 o f The Exemption**  **Makani Kai Helicopters**  **Seeks:** This exemption will permit Makani Kai Helicopters 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 Informati** **on, Views,**  **or Arguments**  **Available t** **o Support**  **Makani Kai Helicopters ’**  **Request.**25

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary o f Transportation to determine if certain UAS may operate safely in the NAS. As such, Makani Kai Helicopters’ request for 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, Makani Kai Helicopters will operate the DJI Inspire 1 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, Makani Kai Helicopters 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 DJI Inspire 1 UAS commercially, without an airworthiness certificate, for the limited purpose o f 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 Makani Kai Helicopters to safely, efficiently, and economically operate the DJI Inspire 1 UAS commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Makani Kai Helicopters 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 Makani Kai Helicopters to operate the DJI Inspire 1 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: December 14 , 2015 Respectfully submitted,

Richard Schuman President Schuman Aviation Company dba Makani Kai Helicopters 130 Iolana Place Honolulu, Hawaii 96819 (808) 834

- 5813 Fax (8080 837

- 7867 Richard@MakaniKai.com26

Appendices :

A

– Link to DJI Inspire 1 Manual: Click on link below https://dl.djicdn.com/downloads/inspire_1/en/Inspire%20_1_User_Manual__V1.8.pdf