September 2, 2015

Exemption No. 12706 Regulatory Docket No. FAA

− 20 15

− 0878

Mr. Jonathan Rupprecht Rupprecht Law P.A. Counsel for Intelligent Imagery, LLC 324 Datura Street
, Suite 200 West Palm Beach, FL 33401

Dear Mr. Rupprecht : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.
By letter s dated Mar ch 30, June 2, and July 2, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Intelligent Imagery, LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct a erial data collection , closed

- set film and television production, flight instruction, search and rescue, education, and research and development

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.
Airworthiness Certification

The UAS proposed by the petitio ner are the DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3 Advanced, DJI Phantom 3 Professional, DJI S900, DJI S1000, and DJI Inspire 1

.2

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determ ined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21
, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1 and closed set motion picture and filming

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions , carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.
Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision
In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Intelligent Imagery, LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91. 409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to ope rate a UAS to perform aerial data collection and closed set motion picture and filming. This exemption is subject to the conditions and limitations listed below.

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 (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Intelligent Imagery, LLC is hereafter referred to as the operator.
Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exempt ion are limited to the DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3 Advanced, DJI Phantom 3 Professional, DJI S900, DJI S1000, and DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.
2. Operations for the purpose of closed

- set motion picture and television filming are 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 airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more 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 time s. 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 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 times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;
e lectronic 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 VO can perform the du ties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. Th e operating documents must be accessible during UAS operations and made available to the4

Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, t he conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s respons ibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this gr ant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 8 0) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.
, replacement of a flight critical compone nt, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

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

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

- flight inspection must account for all potential discrepancies, e.g.
, inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

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

13. Under this grant of exemption, a PIC must hold either an airline tra nsport, commercial, private, recreational, or sport pilot certificate. 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal 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.5

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

- building) and determining the PIC’s abilit y to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During train i ng, 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 CFR § 91.119.

15. UAS opera tions 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 naut ical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a let ter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre

- determined location within the pr ivate or controlled

- access property.

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 con ditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of W aiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

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

.6

22. All aircraft operated in accordance with this exemption 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 lar ge as practicable.

23. Documents used by the operator to ensure the safe operation 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 aircraft is operating. These documents must be made available to the Administrator 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 vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that suffi ciently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protectio n 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 unde r this exemption.

27. All operations shall be conducted over private or control led

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

28. 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 FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for the purpose of closed

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

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

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notificatio n may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name a nd phone number of th e person responsible 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; f. A statement that the operator has obtained permi ssion from property owners and/or local officials to conduct 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 area, 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 participa ting persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.
Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applica ble parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.
Sincerely, / s/ John S. Duncan Director, Flight Standards Service

Enclosures

# 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.

# Rupprecht Law P. A.

324 Datura Street, Suite 200 | West Palm Beach, FL 33401 P: (561) 222

- 6979 | E: jon@jrupprechtlaw.com | W: ww w.jrupprechtlaw.com

June 2 , 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W 12

- 140
, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Par t 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).

PETITION FOR EXEMPTION

Dear Sir or Madam : Pursuant to Section 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 Aviatio n Regulations ("FARs") to allow commercial operation of its UA.

T ABLE OF C ONTENTS I. QUICK REFERENCE SUMMARY

................................ ................................ ................................ ....... 3
II. INTELLIGENT IMAGERY, LLC REQUESTS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.

................................ ......... 5
III. FEDERAL REGISTER SUMMARY

................................ ................................ ................................ ... 6
IV. PETITIONER’S CONTACT INFO:

................................ ................................ ................................ ..... 7 V. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

................................ ............ 7
VI. OPERATING DO CUMENTS

................................ ................................ ................................ .............. 7
VII. STATUTORY AUTHORITY TO GRANT THIS PETITION

................................ ............................. 8 VIII. EQUIVALENT LEVEL OF SAFETY

................................ ................................ ............................... 9
IX. REGULATIONS FROM WHICH EXEMPTION IS NEEDED

................................ ........................ 16
A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

................................ ................................ ........... 162

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations.

................................ ................................ ................................ ........ 16
C. 14 C.F.R. § 61.113 (a): Private Pilot Privilege s and Limitations: Pilot In Command.

.................. 16
D. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

................................ ................................ ......... 16
E. 14 C.F.R. § 91.119: Minimum Safe Altitudes

................................ ................................ ................ 17
F. 14 C.F.R. § 91.121: Altimeter Settings

................................ ................................ .......................... 17
G. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Con ditions

................................ ..... 17
H. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance Inspections

................................ ................................ ................................ ................................ ............. 18
X. CONCL

USION

................................ ................................ ................................ ................................ .... 183

I. QUICK REFERENCE SUMMARY

 Types of aircraft to be flown :

o Phantom 2 ( Previously granted in Exemption No. 11699)

o Phantom 2 Vision + (Previously granted in in Exemption No. 11218 )

o Phantom 3

 Professional

 Advance d

o DJI S900 (Previously granted in Exemption No. 11697 )

o DJI S1000 ( Previously granted in Exemption No. 11554 )

o DJI Inspire (Previously granted in Exemption No. 11607)

 The operations will be for:

o Aerial data collection, 1

o Closed

- set f

ilm/television production
, (MPTOM will be submitted confidentially)

o F light instru ction,

o Search and Rescue,

o Education, and

o Research and development.

 The petitioner will operate under the restrictions listed below and those in the manufacturer’s manual.

o Phantom 2

 Phantom 2 User Manual (EN) v1.4 http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en. zip

o Phantom 2 Vision +

 Phantom 2 Vision+ User Manual (EN) v1.8 http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus _User_Manual_v1.8_en.zip

o Phantom 3

 Phantom 3 Intelligent Flight Batte ry Safety Guidelines v1.0 http://download.dji

innovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Gu idelines_ en.zip

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 (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. ” Exemption No. 114824  Phantom 3 Safety Guidelines and Disclaimer http://download.dji

innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.zip

 Professional

 Phantom 3 Professional Quick Start Guide (EN) v1.0 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom _3_Professional_Quic k_Start_Guide_en.zip

 Phantom 3 Professional User Manual (EN) v1.2 http://download.dji

innovations.com/downloads/p hantom_3/en/Phantom_3_Professional_User _Manual_v1.2_en.zip

 Phantom 3 Professional In the Box http://download.dji

innovations.com/downloads/ phantom_3/en/Phantom_3_Professional_In_t he_Box_en.zip

 Advanced

 Phantom 3 Advanced Quick Start Guide (EN) v1.0 http://download.dji

innova tions.com/downloads/phantom_3/en/Phantom_3_Advanced_Quick _Start_Guide_en.zip

 Phantom 3 Advanced User Manual (EN) v1.2 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_ Manual_v1.2_en.zip

 Phantom 3 Advanced In the Box http://download.dji

innovation s.com/downloads/phantom_3/en/Phantom_3_Advanced_In_the _Box_en.zip

o DJI S 900

 S900 User Manual v1.2 http://download.dji

innovations.com/downloads/s900/en/S900_ User_Manual_v1.2_en.zip

o DJI S1000

 S1000 Manual http://www.dji.com/product/spreading

- wings

- s1000/download

 A2 Flight Controller Manual http://download.dji

innovations.com/downloads/a2/en/A2_Quick_Start_Guide_v1.04_en.pdf

o DJI Inspire

 Inspire Manual http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

 We already agree to all the restrictions listed in Exemption # 11284 which are listed below.5

II. INTELLIGENT IMAGERY, LLC REQUES TS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.
§ 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 request 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) Whe ther the relief requested 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 Intelligent
Imagery, LLC agrees to the SAME exact limitations as Exemption # 11284

. Furthermore, all of
the aircraft, except for the Phantom 3, have already been evaluated under previous petitions and

are deemed to have the equivalent level of safety if operated under the restrictions hereto already
agreed upon.

(b) Intelligent Imagery, LLC agrees to the SAME exact limitations as Exemption # 11284

.
(c) Delaying the granting of th is 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

ins pectors to dedicate their time and attention to much higher priorities. Moreover, Intelligent
Imagery, LLC is adversely affected by the below listed regulations.6

(d) The petition has been filed in a timely manner.

III. FEDERAL REGISTER SUMMARY

Pur suant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determ ined that publication is needed.
Applicant seeks an exemption from the following rules: 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) to operate commercially a small unmanned vehicle (55 lbs. or less) for aerial data collection and film/television production, flight i nstruction, search and rescue, education, and research and development. This exemption will allow commercial operations of UA ’s which will enhance safety by reducing risk. The alternative to using a UA is to use a jet or piston power aircraft carrying large amounts of jet A or other fuel. Not only is the operation dangerous at the location, the aircraft must fly to the location and back to the home airport

. Our UA will weigh less than 55 lbs. and powered by batteries which eliminates most of the risk because no highly flammab le fuel will be involved

. The UA will carry no passengers or crew ; thus, eliminating most of the risk to the pilot and personnel. The operations of the UA listed under the restrictions proposed herein will provide an equivalent level of safety as th e Feder al Aviation Regulations.7

IV. PETITIONER ’ S CONTACT INFO: Intelligent Imagery, LLC Attn: Brent Dillon Email: ebrentdillion@gmail.com Address: 8129 Emerald Winds Circle, Boynton Beach, FL 33473

V. REGULATIONS FROM WHICH THE EXEMPTIO N IS REQUESTED

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101 (e)( 4 ) and ( 5 )

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315 (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)

VI. OPERATING DOCUMENTS Intelligent Imag ery, LLC will operate only within the limitations below and the limitations listed
in the user manuals listed in the quick reference summary above and the confidentially submitted
MPTOM

. Th e limitations below
, from the previously granted exemption
, will be followed if there is a
conflict with the manufacturer’s user manual or MPTOM.8

VII. STATUTORY AUTHORITY TO GRANT THIS PETITION 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 sections 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).
This exemp tion petition is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in 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 not crea te a hazard to users 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
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 n ational airspace system." Id. § 333(c) (emphasis added). 3 The FAA has already established requirements for summary grants which will be further discuss ed below.

2 FAA Modernization and Reform Act of 2012 at § 333 (a). 3 Applicant interprets this provision to place the duty on the Administra tor 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 requirement s for approval.9

VII I

. EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein applies to civil aircraft that have the characteristics and 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.

T hese lim itations and conditions are identical to Exemption # 11284 except for the difference in
aircraft

. Intelligent Imagery, LLC agrees to be bound when conducting commercial UA operations. The
list of limitations and conditions include the follo wing:

1. Operations authorized by this grant of exem ption are limited to the DJI Phantom 2, Phantom 2
Vision P l u s, Phan tom 3 Advanced and Pro fessional
, Inspire , S900
, and S1000 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this ex emption.
2. Operations for the purpose of closed

- set motion pic ture and television filming are permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per ho ur). The exemption holder may use either groundspeed or calibrated airspe ed 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 more t ha n 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 correct ive 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 wi thin the visual line of sight (VLOS) of the PIC and VO a t all times. The VO may 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 permitted10

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 tha t the VO can perform
the duties required of the VO.
7. This exemption and all documents needed to operate the UAS and conduct it s operations in
accordance with the conditions and limit ations 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 Administrat or upon request. If a discrepancy exists 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 operator mu st 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 or any la w 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 upon whic h 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 operating
documents.
8. Any UA S that has undergone maintenance or alteration s that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further o perations under this exemption. Fun ctional 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 operator is r esponsible for maintaining and inspecti ng the UAS to ensure that it is in a condition for safe operation.11

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

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

- flight inspect ion 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 mainten ance h as 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 aircraft components.

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 cu rrent 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 Federal government. The PIC must also meet the flight r eview 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 persons12

not essential for flight operations are considere d nonparticipants, and 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 v isual meteorolo gical 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 current FAA Airport/Facility Dire ctory (AFD ) or for airports not denoted with an ARP, the center of the airport symbol as deno ted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted b y a COA issued to the ex emption 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 less 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 t predetermined location within the private or controlled

- access property. 19. The PIC must abort the flig ht 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 conduct the intended operation and to operate after that for at least five 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 accordan ce with an ATO

- issue d 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.13

22. All aircraft operated in accordance with this exempti on must be identified by serial number
, registered in accordance with 14 CFR part 47, an d 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 o f 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 t he aircraft is operating. These documents must
be made available to the Admin istrator or any law enforcemen t 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 vehicle.
26. All Flight operations must be conducted at l east 500 feet from all no nparticipating persons, vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from
the UA and/or debris in the event of an acc ident. The operator must ens ure 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 nonpar ticipating 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 tha t it does not present an undue hazard.
The PIC, VO, operator trainees or essen tial persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or controlled

- access property with permission
fr om the property owner/controlle r or authorized representative. Permission from property14

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 la teral 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) with in 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructi ons contained on the NTSB Web site: www.ntsb.gov.

F or the purpose o f closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.
29. The operator must have a motion picture and telev ision ope rations 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 this exemption must submit a written Plan of Activities to the local Flight Stan dards District Office (FSDO) wit h 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 must include at least the following:
a. Dates and times for all flights;
b. Name and phone number of the operato r 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;
f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming prod uction event; the list of those who gave permission must be made available to the inspector upon request;15 g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted an d the altitudes essential to

acc omplish the operation.
31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.
Intelligent Imagery, LLC ’s UA are rotorcraft, weighing 55 lbs. or less including payload. They operate, under normal conditions at a speed of no more than 50 knots and they have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will oper ate only within VLOS and only within the restrictions above and inside the manufacturer’s manuals and the MPTOM

. Such operations will insure that the UA will "not create a hazard to users of the national airspace system or the public." 4

Given the small size of the UA in volved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UA to commence immediately. Also
, due to the size of the UA and the restricted areas in which the relevant UA will operate, approval of the application presents no national security issue.
Since the UA fully loaded weighs no more than 55 lbs. and is op erated 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 safety will be achieved by keeping these documents at the ground control poi nt where the pilot flying the UA will have immediate access to them. Also, g iven the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.

4 Reform Act Section 333(b).16

I X. REGULATIONS FROM WHICH EXEMPTION IS NEE DED

A. 14 C.F.R. § 61.23 (a) & (c): Medical Certificates
Exemption # 11221
, # 11284, and many other s have provided that a U.S. driver’s license
could be used in lieu of the medical certificate provides an equivalent level of safety.

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations.
Exemption # 11221, # 11284, and many others have declared that there is an equivalent level of safety as the FAR’s by requiring the PIC to “ hold either an airline transport, commercial, private, recreational, or sport pilot 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.

C. 14 C.F.R. § 61.113 (a) : Private Pilot Privileges a nd Limitations: Pilot In Command.

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 aircraft to have a sport pilot 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.

D. 14 C.F.R . § 91.7(a ): Civil Aircraft Airworthiness.
As there will be no airworthiness certificate issued for the unmanned aircraft, a nd no FAA regulatory standard will exist for determining airworthiness of the UA, the requirements contained in
the manufacturer’s manual s , the MPTOM, and the restrictions already agreed to will provide an equivalent level of safety.
Furthermore, all of the aircraft above except for the Phantom 3 has been previously evaluated
and deemed to have the equivalent level of safety of the r egulations if operated under the restrictions
above. Therefore, this aircraft should not be required to have an airworthiness certificate based upon the FAA’s previous determinations.17

E. 14 C.F.R. § 91.119 : Minimum Safe Altitudes
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 c omplies with any route or altitudes prescribed for helicopters by the FAA.

B ecause of the lack of flammable fuel, any risk associated with these operations is far less than those presen tly 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 and the operations of conventional aircraft that must comply with Section 91.119

.
F. 14 C.F.R. § 91.121 : Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter

set ting 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 following the manufacturer’s manu als. Furthermore, many other petitions have been granted allowing GPS to be used in lieu of an altimeter setting.

G. 14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions
Section 91.151 (a) prohibits an individual from beginning "a flight in a n 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 minute s; or ( 2 ) At night, to fly after that for at least 45 minutes."
Applicant believes that an equivalent level of safety can be achieved by restricting operations to

“ the intended operation and to operate after that for at least five minutes or with the reser ve power recommended by the manufacturer if greater. ” Exemption # 11284 , at page 5

.18

H. 14 C.F.R. § 91.405 (a); § 91. 407 (a) (1); § 91. 409 (a) (2); § 91. 417 (a) & (b): Maintenance Inspections
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 required inspections, except as provided in paragraph (c) o f this section, have discrepancies repaired as prescribed in part 43 of this chapter" 5 and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certific ate, 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 restricted 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. Lastly, the petitioner will operate in accordance with the manufacturer’s manuals ref erenced and MPTOM which will provide an equivalent level of safety as the burdensome regulations.

X. CONCLUSION 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 support ing the grant of the exemptions requested herein.
If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at ( 561 ) 222

- 6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________ Jon athan Rupprecht, Esq.

5 14 C.F.R. § 91.405(a).

# Rupprecht Law P. A.

3 24 Datura Street , Suite 200 | West Palm Beach, FL 33401 P: (561) 222

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

July 2 , 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: Intelligent Imagery, LLC (Docket FAA

- 2015

- 0878 )

. MPTOM and Reasons Why Granting This Petition W

ill B enefit the Public.

Dear Sir or Madam: Intelligent Imagery, LLC has confidentially submitted on July 2, 2015 its motion p icture and TV
operating manual to 333exemptions@faa.gov

.

REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST

The Petitioner intends to produce picture and video content. If the petitioner does not have the
option of using the Petitioner’s UA, the only other way to obtain the aerial footage is by using manned
aircraft which pose a danger to the pilot as well as individuals on the ground. There are no pilots on

board the UA and du e to the small size of the UA, there is less risk posed to the public on the ground in
case of an emergency. Additionally, the UA has multiple motors , providing redundancy, while most
manned aircraft have only one engine.

Manned airplanes and helicopters produce great amounts of noise pollution disrupting the quiet
enjoyment of private property of the public on the ground. UA are much quieter and will not disrupt the
public as much as manned aircraft; thus, the public will benefit from a reduction in noise pollution.2

In addition to the noise pollution reduction, engine or turbine powered aircraft produce exhaust
which affects the environment while the UA of the petitioner are electric and do not produce any
emission. The environment and the public are benefited by the use of UA.

U A use batteries for power which are not as flammable and explosive as 100LL or Jet A. If there
was an emergency where the UA crashed, there is less chance of individuals being injured from an
explosion or fire. UA also use smaller propellers than manned he licopters which will cause far less
damage in the case of a crash than the “grenading” that typically happens during a manned helicopter

crash.

Lastly, the UA will be operated at lower altitudes than manned aircraft. Thus, the public benefits

because the d anger of a mid

- air collision is lessened.

If I can be of any assistance to further expedite this petition, please do not hesitate to contact me
at (561)222

- 6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________ Jonathan Rupprecht, Esq.