Anthony Gengenbach

19405 63rd 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 Gengenbach (Gengenbach), an operator of the Inspire 1

Unmanned 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 speed 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) with 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 transmitted 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 

RC 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 and 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 information 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 surveying, 

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 small, 

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 information 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 equivalent 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 Inspire 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 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 

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 

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 times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC's FAA-issued airman medical certificate 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; electronic messaging or 

texting is not permitted during flight operations. The PIC must be designated before the 

flight and cannot transfer his or her designation for the duration of the flight. The PIC 

must ensure that the 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 operating 

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 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 

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 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 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 

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 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 state, 

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 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 

CPR § 61.5l(b). Flights for the purposes of training the operator's PIC’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, training 

operations may only be conducted during dedicated training sessions. During training, 
proficiency, and experience-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UA with

appropriate distance from nonparticipants in accordance with 14 CPR § 91.119. 

• 15. UAS operations may not be conducted during night, as defined in 14 CPR§ 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 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 symbol as denoted on the current FAApublished 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 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 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 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 Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an A TO-issued CO A. 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.

• 22. AU aircraft operated in accordance with this exemption must be identified by 

serial number, registered in accordance with 14 CFR part 47, and have identification (NNumber) 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 documents required under 14 CPR§§ 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 sufficiently 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 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, 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. 

• 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 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 line 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.

Gengenbach respectfully submits that because this small, unmanned 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 operations 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 under 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 SUBJECT 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 Manual. 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 operation, 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 be 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 missions 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 airworthiness

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

condition. Should the exemption be granted allowing commercial operation of the Inspire 1

without an airworthiness certificate, no standard will exist for airworthiness 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 insuring 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 available 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 altitudes 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 rotorcraft 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. An 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 be exposed to operations 

without their pre-obtained consent. No flight will be taken without the 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 safety 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 cruising 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 bias, 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 75% battery 

power, whichever happens first. Taking into account variable wind and forecast weather 

conditions.

These proposed fuel restrictions 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 authorization 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 meet 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. Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with 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. Section 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 maintenance of the Inspire 1 will be accomplished by the 

owner/operator according to the Inspection 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 mechanical 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 issue. 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.