1

November 10, 2015

United States Of America

Department of Transportation

Federal Aviation Administration

Docket Management System

1200 New Jersey Ave., SE 

Washington, D.C. 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

AIR TODAY PRODUCTIONS, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 

14 OF THE CODE OF FEDERAL REGULATIONS (CFR), SECTIONS: 

45.23(b); Part 21; 61.113(a) & (b), 91.7(a) ; 91.9(b) (2);91.103(b); 91.109; 91.119; 

91.121; 91.151(b); 91.203 (a) & (b); 91.405(a); 91.407(a) (1); 91.409(a)(1) & (a)(2) & 

(b); 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI INSPIRE 1 

AND DJI INSPIRE 1 PRO SMALL UNMANNED AIRCRAFT SYSTEMS (sUAS) 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM 

ACT OF 2012, PUBLIC LAW 112-95

Dear Sir or Madam;

Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (the Reform Act) and 14 CFR Part 11, Air Today Productions, a 

Photography and Videography Company and operator of a Small 

Unmanned Aircraft System, hereby applies for an exemption from the 

listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of their Small Unmanned Aircraft Systems (sUAS) within the 

National Airspace System.

DJI Inspire 1 and DJI Inspire 1 Pro operations would include the 

following:

 Photography

 Videography

4225 Roundup Road 

Edmond, OK 73034 

kjensen_mba@hotmail.com 

AIR TODAY PRODUCTIONS LLC 
2

 Cinematography

 Advertising

 Marketing

 Sporting and Public Events

 Data Collection

 Agriculture, Oil, Gas, & Construction Inspections

 Surveying

 Emergency Management Partnering

 Public sUAS Awareness and Education

 sUAS Ground and Flight Training

As detailed in this document, the requested exemption would permit the 

operation of sUAS under extremely controlled conditions in 

predetermined limited airspace with controlled access and provide safety 

enhancements to the operational procedures followed by Air Today 

Productions LLC.

Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation’s responsibilities as outlined in Section 333(c) 

of the Reform Act.

Name and Address of the applicant:

Kim A. Jensen MBA, President

Air Today Productions LLC

4225 Roundup Road

Edmond, OK 73034

405.341.0102

kjensen_mba@hotmail.com

Applicant Experience:

 Over 40 years of experience operating Fixed Wing Aircraft in the 

National Airspace System 

 Over 35 years experience operating Remote Controlled Fixed Wing 

and Rotary Wing Aircraft
3

 Over 35 Hours / 200 Takeoffs and Landings in type requested for 

exemption (DJI Inspire 1), (DJI Inspire 1 Pro). 

 Airline Transport Pilot Rating, Single Engine Land / Multi-Engine Land

 Instructor, Single Engine Land, Multi-Engine Land, Instrument

 (3) Jet Type ratings

 First Class Physical

 Current in Dassault Falcon 2000LX Jet Aircraft

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (CFR), SECTIONS: 

45.23(b); Part 21; 61.113(a) & (b), 91.7(a) ; 91.9(b) (2);91.103(b); 91.109; 

91.119; 91.121; 91.151(b); 91.203 (a) & (b); 91.405(a); 91.407(a) (1); 

91.409(a)(1) & (a)(2) & (b); 91.417(a) & (b) 

Air Today Production LLC sUAS’s seeking exemption of the above safety 

regulations:

DJI Inspire 1

DJI Inspire 1 Pro

STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue 

exemptions. This statuary authority includes exempting civil aircraft, as 

the term is defined under Section 40101 of the Act, including sUAS’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) (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. Section 44701(f)

Section 333(b) of the Reform Act assists the Secretary in determining 

whether sUAS may operate in the National Airspace System (NAS) 
4

without creating a hazard to the user, the public, or a threat to national 

security. In making this determination, the Secretary must consider the 

following:

UAS’s Size, weight, speed, and operational capability

Whether the UAS operates within the visual line of sight of the operator

Whether the UAS operates away from close proximity to airports

Reform Act Section 333(a): If the Secretary determines that a UAS “may 

operate safely in the National Airspace System, the Secretary shall 

establish requirements for the safe operation of such aircraft in the 

National Airspace System.

Air Today Productions use sUAS (quad-copters) manufactured by DJI. 

Weight less than 10 pounds including Pay Load (camera). Operations 

under normal conditions consists of a speed not greater than 50 knots 

horizontally and have the capability to hover in place and move vertically 

and horizontally at the same time. Air Today Productions sUAS’s will 

operate at all times within the PIC’s visual line of sight, under stable 

control, contained within the predetermined secured area and less than 

400 feet above ground level (AGL).

Considering the small size of the sUAS’s involved and the restricted and 

secured environment which they will operate, this application falls within 

the zone of safety Congress envisioned the FAA, by exemption, allowing 

commercial operations of sUAS’s to begin immediately. 

In addition to the small size, the low altitudes and restricted areas the 

sUAS’s will operate, approval of the application presents no threat to 

National Security.

EQUIVALENT LEVEL OF SAFETY

Air Today Productions LLC proposes that the exemption requested herein 

apply to civil aircraft that have the characteristics and operate with the 
5

limitations listed herein. The Limitations provide for an equivalent or 

higher level of safety because operations will further enhance the safety 

of the persons and or property as opposed to using conventional fixed or 

rotary wing aircraft. 

The following Limitations and Conditions to which the applicant agrees to 

when conducting Commercial Operations under the FAA issued 

exemption as set forth in the Flight Operations Manual (FOM) include:

All sUAS will be less than 55 pounds 

 

The sUAS will return to the Ground Station with no less than 20% battery 

power reserve. Battery reserve will be calculated in real time. 

 

Flights will not be operated at an altitude greater than 400 feet AGL

 

Flights will not be conducted closer than 5 statute miles from the 

geographic center of a tower controlled or uncontrolled airport. DJI 

software also prevents motors from starting if inside the 5 SM’s.

All Flights will be conducted under Visual Flight Rules (VFR)

All Flights will be operated within a visual line of sight of the Pilot In 

Command (PIC)

All Commercial Operations will consist of the following: 

PIC, and Observer plus any additional personnel necessary for a safe 

operation

PIC, Camera Operator, and Observer plus any additional personnel 

necessary for a safe operation

All sUAS’s will have the capability of returning to the Ground Station at 

will and in case of a loss of signal or unpredicted weather or 

emergencies, land autonomously.
6

All sUAS PIC’s will hold a Private Pilot Certificate and an FAA Medical 

Certificate or as required by the FAA.

The PIC will have full operational authority to discontinue the operation 

prior to conditions becoming unsafe.

All PIC’s will have a minimum of 100 takeoffs and landings and 25 hours 

in type. 

All sUAS PIC’s will be trained in Pre-Flight, Safety Procedures, Takeoff, 

Flight Operations, Emergency Procedures and Post-Flight Procedures by 

using FAA Regulations and the DJI Inspire 1, DJI Inspire 1 Pro Owners 

and Operation manual.

Observers will be trained and briefed at every location of operation.

Written and / or oral permission from relevant persons and property 

owners will be obtained whenever possible.

All required permissions and permits will be obtained from territorial, 

state, county and city jurisdictions, including local law enforcement, fire, 

or other governmental agencies.

PIC, Camera Operator and Observer will conduct themselves in a 

professional manner at all times with safety their number one objective.

All Air Today Productions sUAS’s will register with the FAA for an “N” 

Number and will be displayed on each sUAS as large as possible.
7

SPECIFIC REGULATIONS REQUIRING EXEMPTION

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates: 

14 C.F.R. Section 91203(a)(1) Subpart H, entitled Airworthiness 

Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR 91.203(a)(1). Given the size 

and limiting operating area associated with the aircraft to be utilized by 

Air Today Productions LLC,an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. 

Section 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 of the particular sUAS. Air Today 

Productions LLC sUAS’s will operate at low speeds in a controlled 

environment, at a minimum distance of 5SM from any controlled or 

uncontrolled airport. An analysis of this criteria demonstrates that a sUAS 

operated without an airworthiness certificate in a restricted, controlled 

environment and under the conditions proposed will be at least as safe, 

or safer, than a conventional fixed or rotary wing aircraft operating with an 

airworthiness certificate without the restrictions and conditions proposed.

Air Today Productions LLC sUAS’s to be operated in the National 

Airspace System are less than 10 pounds fully loaded (camera), carries 

neither a pilot or passenger(s), carries no potentially explosive materials 

or flammable liquid fuels, and operates exclusively in a predetermined 

secured area as set forth in the operation manual. Operations under this 

exemption will be controlled and monitored by the PIC, pursuant to the 

Operations Manual requirement and in compliance with local public 

safety requirements. Application of the same criteria demonstrates that 

there is no credible threat to National Security posed by the sUAS, due to 

its size, speed of operation, location of operation, lack of explosive 
8

materials of flammable liquid fuels, and ability to carry an external load no 

greater than two pounds.

14 C.F.R. 45.23(b) Marking of the Aircraft

The regulation requires certain experimental, provisionally certified 

aircraft, or light sport category aircraft to be marked with letters between 

2 inches and 6 inches high “limited,” “restricted,” “light-sport,” 

”experimental,” or “provisional,” near each entrance to a cabin, cockpit, 

or a pilot station.

The sUAS will not have an Airworthiness Certificate, an exemption is 

needed as the sUAS will have no entrance to the cabin, cockpit, or pilot 

station where the word “Experimental” can be placed. Given the size of 

the sUAS, two-inch lettering will be impossible to attach. The FAA has 

issued the following exceptions to this regulation: Exemptions Nos. 

10700, 8738,and 10167.

14 C.F.R. 61.113(a) & (b): Private Pilot Privileges and Limitations: Pilot In 

Command (PIC) 

Sections 61.113 (a) & (b) limit private pilots to non-commercial 

operations. This is due in part to a lower requirement of education and 

experience. A sUAS aircraft will never carry a pilot or passengers 

therefore eliminating most of the risk associated with flight. The proposed 

operations will achieve the equivalent level of safety of current operations 

by requiring the PIC operating the sUAS aircraft to hold a Private Pilots 

License rather than a Commercial Pilots License. Unlike a conventional 

aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled and to small to carry a pilot or passengers. A Private Pilot has 

the necessary knowledge of the National Airspace System, Fixed Wing 

and or Rotary Wing Aircraft Procedures and the mental skills to operate 
9

safely within it. As a Private Pilot, this ability would carry over to operating 

a sUAS aircraft for hire. The area of operation is controlled and restricted, 

and all flights are planned and coordinated in advance as specified in the 

Flight Operations Manual (FOM). The level of safety provided exceeds 

that provided by a single person holding a Commercial Pilots Certificate 

operating a conventional fixed or rotary wing aircraft. The risk associated 

with the operation of the sUAS are considerably less from the risk 

associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the sUAS as requested with a private 

pilot as the PIC clearly exceeds the present level of safety achieved by 14 

C.F.R. Section 61.113 (a) & (b).

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. An Airworthiness Certificate will not be issued 

for the sUAS, should this exemption be granted, no FAA regulatory 

standard will exist for determine airworthiness. Due to the size of the 

sUAS and the requirements contained in the Flight Operations Manual, 

for use of safety checklists, maintenance requirements, as set forth in 

Section B and G, an equivalent level of safety will be provided.

14C.F.R. 91.103: Preflight Action

Each pilot in command shall, before beginning a flight, become familiar 

with all available information concerning that flight. This information must 

include—

(a) For a flight under IFR or a flight not in the vicinity of an airport, 

weather reports and forecasts, fuel requirements, alternatives available 

planned flight cannot be completed, and any known traffic delays of 

which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the 

following takeoff and landing distance information:
10

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight 

Manual containing takeoff and landing distance data is required, the 

takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this 

section, other reliable information appropriate to the aircraft, relating 

to aircraft performance under expected values of airport 

elevation and runway slope, aircraft gross weight, and wind and 

temperature.

An exemption is required as the majority of the items in the 

regulation do not apply to the operation of sUAS aircraft. The 

PIC will take separate preflight actions, including checking for 

weather conditions, propeller inspection, battery condition and 

voltage, takeoff obstacles, and all other actions that are required 

in the pre-flight checklist and as required by the Flight 

Operations Manual. This action by the PIC will provide an 

equivalent level of safety. 

14 C.F.R. 91.109 Flight Instruction 

Section 91.109 provides that no person may operate a civil 

aircraft (except a manned free balloon) that is being used for 

flight instruction unless that aircraft has fully functioning dual 

controls 

By design, sUAS’s and remotely piloted aircraft do not have fully 

functional dual controls. Flight control is accomplished through 

the use of a hand held control unit that communicates with the 

aircraft via radio communications. The FAA has previously 

approved exemptions for aircraft without fully functional dual 

controls. Please see Exemption Nos. 5778K and 9862A. The 

equivalent level of safety provided by the fact that neither a pilot 

nor passengers will be carried in the aircraft, the ability to 
11

control the sUAS via radio signals from the control unit, and by 

the size and speed of the sUAS. 

14C.F.R. 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil 

aircraft. This FAR allows helicopters to be operated at less than 

the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a sUAS that is a 

quad-copter and the exemption request authority to operate at 

altitudes up to and including 400 feet AGL, an exemption is need 

to allow such operations. As set forth herein, except for the 

limited conditions stated in the Flight Operations Manual, the 

sUAS will never operate at an altitude greater than 400 AGL. The 

sUAS however will be operated in a restricted, predetermined 

secured area where building and people will not be exposed to 

operations without their consent. 

The equivalent level of safety will be achieved given the size, 

weight, and speed of the sUAS as well as the location where 

they will be operated. Flights will not be performed without the 

permission of the property owner and or local officials. Do to the 

advanced notice to the property owner and participants in the 

specific activity, all affected individuals will be aware of the 

planned flight operations as set forth in the Flight Operations 

Manual. In comparison to conventional fixed or rotary wing 

aircraft which weigh far more than the maximum 55 pounds 

proposed herein and the lack of flammable fuel, any risk 

associated with the sUAS operations is far less than those 

presently offered with conventional aircraft operating below 500 

feet AGL. In addition, the low-altitude operations of the sUAS 

will ensure separation between them and conventional fixed and 

rotary wing aircraft that must comply with Section 91.119. The 
12

FAA has previously issued the following exemptions to this 

regulation: Exemptions Nos. 8737, 8738, 9299, 9565 and 

10700. 

14 C.F.R. 91.121: Altimeter Settings 

This FAR requires each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set “ to the 

elevation of the departing or an appropriate altimeter setting 

available before departure”. sUAS do not have or use a 

barometric altimeter, but use a GPS. 

DJI sUAS’s use multiple GPS fixes to determine altitude and will 

reset the altitude every time the aircraft lifts off, thus giving you the 

altitude with respect to field elevation. DJI sUAS’s do not have a 

barometer in it like a traditional aircraft altimeter hence why you 

don't have to set it to 29.92 for example or the local barometric 

altimeter setting happens to be. An FAA exemption therefor is 

required. An equivalent level of safety will be achieved by the 

operator, pursuant to the Flight Operations Manual, Pre-Flight 

Checklist, and confirming the altitude readout of the sUAS is set 

and showing to 0 feet (QFE operations) on the GPS altitude 

indicator located on the Hand Held Control Unit prior to flight.

14 C.F.R 91.151(b): Fuel Requirements for Flight in VFR Conditions:

No person may begin a flight in a rotorcraft under VFR 

conditions unless (considering wind and forecast weather 

conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, to 

fly after that for at least 20 minutes.

A sUAS battery supplies power for an approximately 23 min. flight, 

therefore it would never be possible to takeoff under this FAR.
13

Air Today Productions believes that an exemption from 14 C.F.R. 

91.151(b) falls within the scope of prior exemptions, (11857, 11825, 

and 11204). Operating an sUAS in a small controlled area, (where 

only people, property owners and official representatives who have 

agreed and have been briefed will be allowed), with less than 30 

minute 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 sUAS.

Air Today Productions believes that an equivalent level of safety 

can be achieved by limiting flights with a power reserve of 20%. 

This restriction would be more than adequate to return the sUAS to 

its planned landing zone from anywhere in its planned and 

restricted operating area.

14C.F.R. 91.203(a)(b): Carrying Civil Aircraft Certification and 

Registration

(a) Except as provided in Section 91.715, no person may operate a 

civil aircraft unless it has within it the following: (1) An 

appropriate and current Airworthiness Certificate. 

(b) 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 Section 91.715 is displayed at 

the cabin or cockpit entrance so that it is legible to passengers 

or crew.

DJI Inspire 1 sUAS will not be issued an Airworthiness Certificate, 

weighs less than 10 pounds and its size in not conductive or even 
14

possible to follow this FAR. There is not an onboard pilot nor 

passengers and therefore a request for an exemption is necessary.

An equivalent level of safety will be achieved by keeping any future 

Registration or Certificate requirements by the FAA at ground level 

and accessible prior to any flight. The FAA has issued numerous 

exemptions to this regulation. Exemptions Nos. 9565, 9665, 9789, 

9797, and 10700.

14 C.F.R. 91.405(a); 91.407(a)(1); 91.409(a)(1) & (a)(2) & (b); 

91.417(a) & (b): Maintenance Inspections

These FAR’s 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) 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 the these Sections and Part 43 apply only to aircraft 

with an airworthiness certificate, these sections should not apply to 

sUAS’s. 

Maintenance will be performed by the operator pursuant to the 

Flight Operations Manual and DJI’s Maintenance and Part 

Replacement requirements.

An equivalent level of safety will be achieved due to the small size, 

low complexity of the sUAS’s and operating in restricted and 

limited areas. If mechanical issues arise, the sUAS can be landed 

from a height no higher than 400 feet within a short period of time 

and away from persons or property. As provided in the Flight 
15

Operations Manual, the PIC will ensure that the sUAS is in factory 

working order, airworthy, and prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance 

performed. As Required by the Flight Operations Manual, DJI 

Factory Replacement Parts can be used at any time. All other 

parts that are manufactured for the DJI Inspire 1 from outside 

manufacturers must meet the same or higher quality and reliability 

as the original DJI parts and be approved by the Chief Pilot.

The PIC is the person most familiar with the sUAS and best suited 

to maintain the aircraft in an airworthy condition to provide the 

equivalent or superior level of safety.

Pursuant to 14 C.F.R. Part 11, the following summary is provided 

for publication in the Federal Register, should it be determined that 

publication is needed.

Air Today Productions LLC seeks relief from the requirements of 

Title 14 of the Code of Federal Regulations (CFR), Sections: 

45.23(b); Part 21; 61.113(a) & (b), 91.7(a) ; 91.9(b) (2);91.103(b); 

91.109; 91.119; 91.121; 91.151(b); 91.203 (a) & (b); 91.405(a); 

91.407(a) (1); 91.409(a)(1) & (a)(2) & (b); 91.417(a) & (b) to operate 

commercially a sUAS (55 pounds or less).

Allowing sUAS commercial operations will decrease public risk, 

reduce economical impact, reduce the carbon footprint and 

increase the overall safety to the public compared to the use of 

conventional fixed and rotary wing aircraft. 
16

As directed in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, and 

significant public benefit, including enhanced safety, the granting 

of the requested exemptions is in the public interest. Accordingly, 

Air Today Productions LLC respectfully requests that the FAA grant 

the requested exemption without delay.

Respectfully,

Kim A. Jensen MBA, President

Air Today Productions LLC

kjensen_mba@hotmail.com
17
18

 
19