Anthony Gengenbach

19405 63 rd Road Kearney, NE 68845 Cell: (308)325

- 5538 Email: anthonygengenbach@hotmail.com September 21, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations To Whom It May Concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Anthony G engenbach (Gengenbach) , an operator of the Inspire 1 Un manned Aircraft System seeks an exemption from the Federal Aviation Regulations ("F ARs") listed below:

 14 C.F.R. 21
 14 C.F.R. 45.23
 14 C.F.R. 45.29
 14 C.F.R. 61.3
 14 C.F.R. 61.113 (a) & (b)
 14 C.F.R. 91.7 (b)
 14 C.F.R. 91.9
 14 C.F.R. 91.109 (a)
 14C.F.R. 91.319 (a)
 14 C.F.R. 91.119
 14 C.F.R. 91.121
 14 C.F.R. 91.151 (a)
 14 C.F.R. 91.203 (a) & (b)
 14 CFR Subpart E (91.401

- 91.417) The requested exemption would authorize commercial operations using the Inspire 1 for mapping and survey applications. These operations will be subject to strict operating requirements defined in the Inspire 1 operations manual and conditions defined in the paragraph 3.**1. CHARACTERISTICS OF THE AIRCRAFT**

The DJI Inspire One is a highly successful consumer grade small rotorcraft in the quad copter configuration with an advertised weight of less than 7 pounds (2935g) designed primarily to carry aloft a high definition camera. It has an advertised maximum spe ed of less than 30 knots (14m/s) and a maximum climb rate of less than 1200 feet per minute (5 m/s). It is powered by four electric motors with a distance between motors of less than 24 inches (607mm) It utilizes an internal inertial measuring unit (IMU) w ith integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is t ransmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for either loss of R C or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 17 minutes. The onboard flight controller will warn the pilot via telemetry an d external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state. It is anticipated that flights will usually last less than 12 minutes. More i nformation is available in attachment 1 or http://www.dji.com/product/inspire

- 1/download **2. Applications** Gengenbach intends to use the Inspire 1 to collect aerial data for mapping and surveyin g, including use in precision agriculture. In precision agriculture, the Inspire 1 will allow Gengenbach to assist customers with crop yield optimization, resource allocation and management, pest control, and risk management. Gengenbach proposes to use a s mall, lightweight UA V

- the Inspire 1

- and proprietary cloud

- based software to collect, process, and analyze aerial data. In doing so, Gengenbach would occupy a brand new space in a transformative industry by providing high quality and actionable informat ion to users. Gengenbach’s use of the Inspire 1 would contribute to various social goods, from environmental protection to improved crop yields. In providing this service, Gengenbach would empower researchers and farmers to make better management decisions through software that identifies disease and insects, nutrient deficiencies, and materials for increasing yields with fewer resources. Operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an equ ivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333.
**3. APPLICABLE LEGAL STANDARD UNDER SECTION 333** Grant of the exemption to Gengenbach for the I nspire 1 will be subject to the following operating conditions:• 1. Operations authorized by this grant of exemption are limited to the Inspire 1

quadcopter when weighing less than 55 pounds including payload. Proposed operations of any other aircraft w ill 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 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 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 airc raft 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 times. This requi res 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; ele ctronic 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 duties 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. The operati ng documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditi ons 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 responsibility 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 grant of exempti on. 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 FAA's UAS Integration Office(AFS

- 80) 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 component, must un dergo 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 i n 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 transport, 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 st ate, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CPR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. • 14. The operator may not perm it 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 c urrency must be logged in a mann er consistent with 14 CPR § 61.5l(b). Flights for the purpos es of training the operator's PI C’ s and VOs (training, proficiency, and experience

- building) and determining the PIC's ability 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, t raining 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 CPR § 91.119. • 15. UAS operations may not be conducted during night, as defined in 14 CPR§ 1.1. All operations must be conducted un der 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 airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the c enter 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 otherwise permitted by a COA issued to the exemption holder. The letter of agreement with th e 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 st atute miles from the PIC. • 18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled

- access property. • 19. The PIC must abort the flight in the event of unpredicted ob stacles 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 Waiver or Authorization (COA). All operations shall be conducted in accordance with an A TO

- issued CO A. The exemption holde r may apply for a new or amended COA if it intends to conduct operations that cann ot be conducted under the terms of the attached COA. • 22. AU aircraft operated in accordance with this exemption must be identified by serial number, registered in accordan ce 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 operation and flight of the UAS and any do cuments required under 14 CPR§§ 91.9 and 91.203 must b e a vailable to the PIC at the Groun d 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 reque st.• 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 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 protection. If a situation arises where nonparticipating persons leave such protection 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, vehicle s or structures has granted perm ission for operating closer to those objects and the PIC has made a safety assessment of the ris k 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. • 27. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Perm ission 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 FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety B
**4. CONCLUSION** Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas, and operation within visual li ne of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's UAS for the Purposes outlined herein and are consistent with exemptions already granted.
Ge ngenbach respectfully submits that because this small, unma nned aerial vehicle

- the Inspire 1 will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the op erations will achieve at least an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities u nder Section 333(c) of the Reform Act to "establish requirement for the safe operation of such aircraft systems in the national airspace system."Yours Sincerely,

Anthony Gengenbach **ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJEC** **T TO EXEMPTION** Gengenbach requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the Inspire 1: **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R § 91.203(a)(1)**  Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Each sUAS to be operated hereunder weighs less than 6 .5 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the M anual. Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator, pursuant to the Manual's requirements. Moreover, the FAA will have advance notice of all operations conducted under this exemption. These safety enhancements, which already apply to civil aircraft operated in connection with existing inspection operations, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUASs, due to their size, speed of operation, location of opera tion, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. **14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks** These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the Inspire 1, this requirement is impossible to match.**14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 14 C.F.R. § 61.113(a)**

**& (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and**  **Limitations** The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may b e used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; (2) The aircraft does not carry passengers or property for compensation or hire. Given the safety features of the Inspire 1 and the fact that the missi ons are pre - programmed and monitored in real

-time with a specific flight management software, Gengenbach proposes that operators of the Inspire 1 should not be required to hold a commercial pilot certification. **14 C.F.R. § 91.7(a): Civil aircraft airw orthiness**  This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing com mercial operation of the Inspire 1 without an airworthiness certificate, no standard will exist for airworth iness of the Inspire 1

. Given the size of the aircraft and the previous airworthiness assessments given to the Inspire 1 , an equivalent level of safety will be achieved by insuri ng compliance with the DJI manuals prior to each flight.
**14 C.F. R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.**  This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. Gengenbach assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. Gengenbach requests an exemption to this requirement since the aircraft is not only too small to carry documentation; the documentation would not be avai lable to the crew. The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in the Inspire 1 transportation box. **14 C.F.R. § 91.109(a) & 91.319(a): Flight Instruction**The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." Given the size and speed of the sUASs, an equivalent level of safe training can still be performed without dual controls, because no pilot or passengers are aboard the sUASs, and all persons will be a safe distance away should an sUAS experience any difficulties during flight instruction. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. **14 C.F.R. § 91.119: Minimum Safe Altitudes** This petition seeks an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe a ltitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). To provide the intended aerial surveys and inspections, the sUASs are normally operated 400 feet AGL. In addition, due to the nature of the proposed operations, the PIC and the designated spotter may at times be less than 500 feet away from structures during the operation. Compared to flight operations with conventional fixed

-wing aircraft and rotorcra ft weighting far more than the maximum 6 .5 lbs. proposed herein, and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. A n equivalent level of safety will be achieved given the size, weight, speed of the sUASs as well as the location where they will be operated. As set forth in the Manual, the sUASs will be operated in a restricted area, where buildings and people will not b e exposed to operations without their pre

- obtained consent. No flight will be taken without t he permission of the property owner and/or local officials. Because of the advance notice to the property owner and participants, all affected individuals will be aware of the planned flight operations as set forth in the Manual. Furthermore, by operating at such lower altitudes, the sUASs will not interfere with other aircraft that are subject to the minimum safe altitude regulations. Finally, the successful sa fety record of the DJI Inspire 1 demonstrates that the sUASs can be safely used at these lower altitudes and closer operating environments.
**14 C.F.R. 91.121 -**  **Altimeter settings** This section requires that each person operating an aircraft shall maintain the c ruising altitude or flight level of the aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL to: • The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; • If there is no station within the area prescribed in paragraph (a)(l )(i) of this section, the current reported altimeter setting of an appropriate available station;• In the case of an aircraft not equipped with a radio, the elevation of the departure

airport or an appropriate altimeter setting available before departure. To provide an equivalent level of safety, the Inspire 1 autopilot calculates the reference altitude (ground level) with the on

- board GPS during the preflight tests. The GPS and barometer data are merged with respect to their respective precisions. The GPS provides reliable information to correct potential barometric bi as, while rapid variations in altitude are detected through the barometer. Hence, barometric bias induced by environmental factors is rejected. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** This petition seeks an exemption from 14 C.F.R. § 91.151 (a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No person may begin 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. (l) During the day, to fly after that for at least 30 minutes; or Under ideal operating conditions, the battery powering the sUAS provides approximately 20 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, the sUAS wouldn’t make take off. Given the limitations on the sUASs' proposed flight area and the location of its proposed operations within a predetermined area, a flight time longer than the 20 minute battery life isn’t applicable. An equivalent level of safety can be achieved by limiting flights to 15 minutes or 7 5% battery power, whichever happens first. Taking into account variable wind and forecast weather conditions. These proposed fuel re strictions would be more than adequate to return a sUAS to its planned landing zone from anywhere within its limited operating area. Operation of an sUAS with less than 5 minutes of reserve fuel does not engender the type of risks that Section 91.151 (a) was intended to alleviate, given the size and speed of the sUASs. Moreover, operation will be limited to controlled areas where only people and property owners, or official representatives who have signed waivers will be allowed. **14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration**  This regulation provides as follows: • No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate.• No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authori zation issued under §91. 715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The Inspire 1 weighs only 6.5 pounds. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. In addition, there is no pilot and there are no passengers on board the aircraft. To obtain an equivalent level of safety and m eet the intent of §91.2036, Gengenbach proposes that documents deemed appropriate for this aircraft by the FAA

-will be co

- located with the operator at the ground control station in the Inspire 1 box and available for inspection upon request. **14 C.F.R. Su bpart E (91.401** 
**- 91.417)** 
**- Maintenance, Preventive Maintenance, and Alterations**  The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43. 7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Secti on 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Gengenbach proposes that the main tenance of the Inspire 1 will be accomplished by the owner/operator according to the Inspect ion Guide, provided by DJI

. An equivalent level of safety will be achieved because the Inspire 1 is small in size, it is not a complex mechan ical device, and it will operate only in restricted predetermined areas. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. If a problem is detected, the operator can then refer to the maintenance manual to troubleshoot this iss ue. Several parts of the Inspire 1 are easily interchangeable, which allows the operator to make sure the propulsion system is always airworthy when a mission is initiated.