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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 LLC2

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 Aircraft3

Over 35 Hours / 200 Takeo ff s 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 the5

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 takeo ff s and landings and 25 hours in type.

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

, 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 explosive8

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 operate9

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 tra ffi c 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 takeo ff and landing distance information:10

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeo ff and landing distance data is required, the
takeo ff 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 to11

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. The12

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 o ff , 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 takeo ff 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 o ffi cial 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 even14



### 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 Flight15



### 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.com171819