### Docket Operations, M-30 U.S. Department ofTransportation 1200 New Jersey Avenue, SE Room W12-140, West Building Ground Floor Washington, DC 20590-0001 October 

### 15, 2015 

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# l9tt'6'

Re: Exemption Petition Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012

Dear Sir/Madam, Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 CFR Part 11, Thomas Cogan (Applicant) hereby applies for an exemption from the listed Federal Aviation Regulations (FAR) (Attachment 1) to allow operation ofsmall Unmanned Aircraft (UA) under the conditions outlined herein or as may be established by the FAA as required by Section 333 to allow for commercial aerial imaging and video production operation. The attachments include: (1) Exemptions Requested, (2) Operational Restrictions and Limitations, (3) Benefits to Public Interest, and (4) the Specification for the DJI Inspire 1 Model T600 UA. Thankyou for your consideration ofthis request. Sincerely,

Thomas Cogan 4619 176th Ave SE Bellevue, WA 98006

## Attachment 1 Exemptions Requested

SummaryofExemptions Requested The applicant seeks exemption form 14 CFR Part 21, Subpart H; 14 CFR 45.23; 14 CFR 61.113(a)(b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2)(c); 14 CFTR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a)(b); 14 CR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (a)(2); and 14 CFR 91.417(a)(b). 

### Specific Sections of 14 CFR From Which Applicant Seeks Exemption or Relief 14 CFR Part21, Subpart H- Airworthiness Certificates and 14 CFR § 91.203(a)(1) The FAA has stated that no exemption is needed from this section ifa finding is made under Part 11 and Section 333 ofthe Reform Act that the UA selected provides an equivalentlevel of safetywhen compared to civil aircraftnormallyused for the same application. Given the small size ofthe UA and the operating procedures defined within the Operational Restrictions and Limitations section ofthe petition (Attachment 2), an equivalent level of safety is achieved and exemptionis notrequired (see GrantofExemption to Woods Hole Oceanographic Institution, Docket No. FAA-2015-2067). Ifhowever, the FAA determines that there are some characteristics ofthe chosen UA thatfail to meet the requirements ofthe Reform Act, an exemption is requested. 14 CFR § 45.23 (a)(b) and 91.9 (c)- Marking oftheAircraft Regulation 45.23 provides: (a) Each operator of an aircraft mustdisplay on thataircraft marks consisting of the Roman capita/letter "N" (denoting United States registration)followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capita/letter. (b) When marks include only the Roman capita/letter "N" and the registration numberis displayed on limited, restricted or light-sport category aircraftor experimental orprovisionally certificatedaircraft, the operatormustalso display on that aircraftneareach entrance to the cabin, cockpit, orpilotstation, in letters notless than 2 inches nor more than 6 inches high, the words "limited, " "restricted, "

" light-sport, " " experimental ,"or " provisional ,"as applicable. Regulation 91.9 (c) provides: No person may operate a U.S.-registered civilaircraft unless thataircraftis identifiedin accordance withpart45of this chapter. Given the small size ofthe UA, the lettering stipulated will not be possible. In a previousThe applicant seeks exemption to the extentthat an FAA-approved FlightManual is required. Following the Operations Manual provided by the manufacturer will provide an equivalent level ofsafety. Additionally, the PIC will conductpreflight actions, to include performing all required checklists, reviewing weather, flight requirements, battery charge, landing and takeoffdistance, aircraft performance data, and contingencylanding areas, before initiation of flight. 14 CFR § 91.109- Flight Instruction Regulation 91.109 stipulates, in part, that (a) No person mayoperate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless thataircraft has fully functioningdual controls. Given the size, speed and limited operational parameters ofthe UA, an equivalentlevel of safe training can be performed without dual controls. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 11066, 11062,11067 A and 11065. 14 CFR § 91.119- Minimum SafeAltitudes Regulation 91.119 stipulates, in part, that, Exceptwhen necessary for takeoff or landing, no person mayoperatean aircraftbelow the following altitudes: (a) Anywhere.An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons orproperty on thesurface. (b) Over congested areas. Over any congested area of a city, town, orsettlement, or over any open airassembly of persons, an altitude of 1,000 feet above the highestobstacle within a horizontal radius of2,000 feet of the aircraft. (c) Overotherthan congested areas. An altitude of 500 feet above the surface, except over open water orsparselypopulated areas. In those cases, the aircraft may notbe operated closer than 500 feet to anyperson, vessel, vehicle, orstructure. An exemptionto 91.119(c) is required because UA operations will be conducted at altitudes no greater than 400 feet above the surface. The size, speed, weight and limited operational parameters ofthe UA allow for an equivalentlevel ofsafety. 14 CFR § 91.121- Altimeter Settings Regulation 91.121 requires that(a) Eachperson operating an aircraftshallmaintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating- (1) Below 18,000 feet MSL, to- (i) The currentreported altimeter setting of a station along the route andwithin 100nautical miles of the aircraft; (ii) If there is no station within theareaprescribed in paragraph (a}{l}{i} of this section, the current reported altimetersetting of an appropriate available station; or (iii} In the case of an aircraft not equipped with a radio, the elevation of the departure airportoran appropriate altimetersetting available before departure. Conventional aircraft are provided altitude data by a barometric altimeter that is mostcommonly set to a local barometric pressure and therefore reports altitude relative to MSL (Mean Sea Level). UA operations are restricted to altitudes no greater than 400 feet AGL (Above Ground Level). For this UA, a GPS derived altitude will be set to zero at the takeoff point providing real-time readout ofthe AGL to the PIC during flight operations, and will provide an equivalent level ofsafety. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 11066, 11065, 11062 and 11063. 14 CFR § 91.151- Fuel Requirements for Flight in VFR Conditions Regulation 91.151 stipulates that (a) No person may begin aflight in an airplane under VFR conditions unless (considering windandforecastweatherconditions) there is enoughfuel tofly to the firstpointof intended landing and, assuming normal cruising speed-(1) During the day, tofly after that for atleast30 minutes; or (2) Atnight, tofly after that for at least45 minutes. (b) No person may begin aflight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enoughfuel tofly to the firstpointof intended landing and, assuming normal cruising speed, to fly after that for atleast20 minutes. For the UA in this petition that has a maximum flight time ofapproximately 18 minutes, this regulation would effectively deny ability for the UA to operate. The applicant submits that an equivalent level ofsafety will be obtained by requiring that no UA flight will begin unless (considering wind and forecast conditions) there is enough battery charge to fly the planned route, return to the point ofintended landing, and land with 25% ofbattery capacity in reserve. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 2689F, 5745,10673 and 10808. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b)- MaintenanceInspections Regulation 91.405(aJ requires that an aircraftoperator or owner "shall have that aircraft inspected asprescribed in SubpartE of this Part, andshall between required inspections, except asprovided in paragraph (c) ofthissection, have discrepancies repaired asprescribed in Part43 of this chapter

... " Regulation 91.407(a)(1) similarly makes reference to requirements in Part 43. Regulation 91.409(a)(2) requires an annual inspectionfor the issuance of an airworthiness certificate. Regulation 91.417(aJ and (b) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part43, orlicensedpilots and records of approval of the aircraft for return to service. Exemption from these regulations is needed because Part 43 and these sections apply onlyto aircraftwith an airworthiness certificate. An equivalentlevel ofsafety will be obtained by requirement that the UA will have a flight and maintenance log. Maintenance and inspections will be accomplished in accordance with manufacturer recommendations. The FAA has issued several exemptions to this regulation: see Exemptions Nos.11066,11062, 11067Aand 11065.

## Attachment 2 Operational Restrictions and Limitations

The proposed operations outlined in this petition are for the use ofa light-weight UA under controlled conditions. The operation ofthe UA will always be performed by a qualified Pilot-In-Command (PIC), as outlined below, to ensure thatthe UA will"not create a hazard to users ofthe national airspace system orthe public". Given the small size ofthe UA and the restrictions outlined below, the applicant believes the operation outlined in this petition poses no hazard to the National Airspace System or national security. In addition, the operation ofthe UA under the limitations and conditions ofthis petition will serve to enhance safety, reduce costs, and reduce the environmental impacts relative to current methods ofaerial photography and video production using manned fixed or rotor wing aircraft. The limitations and conditions to which the operator and acting UA PIC agree to be bound when conducting commercial operations under an FAA issued exemption include: 1. 

### Operations authorized bythis grant ofexemption will be limited to the DJI Inspire 1 Model 600 with a weight ofless than 55 lbs. 2. The aircraft operated in accordance with this exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 14 CFR part45, Subpart C. Markings will be as large as practicable. 3. All operations will be conducted in accordance with an Air Traffic Organization (ATO) -issued Certificate ofWaiver orAuthorization (COA). The exemption holder will apply for a new or amended COA ifit intends to conduct operations that cannotbe conducted under the terms of the COA 4

. 

### This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations ofa grantofexemption will be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the operatingdocuments, the conditions and limitations ofthe grant ofexemption take precedence and mustbefollowed. Otherwise, the operator will follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. The operatorwill be responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operatorwill also presentupdated and revised documents ifit petitions for extension or amendmentto this grant ofexemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operatorwill petition for an amendmentto its grant ofexemption. The FAA's UAS Integration Office

- 6 -(AFS-80) maybe contacted ifquestions arise regarding updates orrevisions to the operating documents. 5. Documents used by the operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station ofthe UAS any time the aircraft is operating. These documents will be made available to the Administrator or any lawenforcement official upon request. 6. The UA Pilot-in-Command (PIC) will hold either a current airline transport, commercial, private, recreational, or sportpilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District ofColumbia, Puerto Rico, a territory, a possession, or theFederal government. The PIC will also meetthe flight review requirements specifiedin 14 CFR § 61.56 in an aircraftin which the PIC is rated on his or her pilotcertificate. 7. The operatorwill notpermit any PIC to operate unless the PIC demonstrates the ability to safely operate the UA in a manner consistent with how the UA 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 currencywill be logged in a manner consistentwith 14 CFR § 61.51(b). Flights for the purposes oftraining the operator's PICs and VOs (training, proficiency, and experiencebuilding) and determiningthe PIC's ability to safely operate the UA in a manner consistent with how the UA will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations will 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 will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 8. UA will be operated at altitudes less than 400 feet AGL. 9. UA will be flown atground speeds no greater than 40 knots. 10. Aflight controller will be connected, by radio communication, to the UA during the entire flight, which will give the PIC flight information such as GPS Position, Altitude, Air speed, BatteryRemaining, and otherpertinenttelemetryinformation. A secondary "slave" flight controller may be used by a camera operator for the sole purpose ofcontrolling the UA camera, and at no time will be used to take control ofthe UA from the PIC. 11. The UA will not operate within 5 nautical miles ofan airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted on thecurrent FAA-published aeronautical chart, unless a letter ofagreementwith that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter ofagreement with the airport managementwill be made available to the Administrator or any law enforcement official upon request.

- 7-12. UA operations will notbe conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are notauthorized. 13. The UA will notbe operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from thePIC. 14

. The UA will remain clear ofand yield right ofway to all manned aviation operations. 15. The UA will be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificateor U.S. driver's license. 16. All operations will utilize a visual observer (VO). The UA will be operated within the visual line ofsight (VLOS) ofthe 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 will be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC will be designated before the flight and cannottransfer his or her designation for the duration ofthe flight. The PIC will ensure thatthe VO can perform the duties required oftheVO. 17. The UAS may notbe operated bythe PIC from any movingvehicle exceptwatercraft in open water. Takeoffand landing from a watercraft ofsuitable size with a deck capable ofsafely supporting flight operations is allowed as long as the marine vessel is not under power during the UA takeoff and landing phase offlight. 18. All Flight operations will be conducted at least 500 feet from all nonparticipatingpersons, vessels, vehicles, and structures unless:

a. Barriers or structures are presentthat sufficiently protect nonparticipatingpersons from the UA and/or debris in the event ofan accident. The operator will ensure that nonparticipatingpersons remain under such protection. Ifa situation arises where nonparticipatingpersons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuringthe safety ofnonparticipating persons; and b. The owner/controller ofany vessels, vehicles or structures has granted permission for operatingcloserto those objects and the PIC has made a safety assessment ofthe risk of operatingcloser to those objects and determined thatit does not present an undue hazard. c. The PIC, VO, operatortrainees or essential persons are notconsidered nonparticipating persons under this exemption. 19. Ifthe UAS loses communications or loses its GPS signal, the UA will return to a pre-determined location within the private or controlled-accessproperty, or to the marine vessel from which it was launched.



### - 8 -20. The PIC will abort the flight in the event ofunpredicted obstacles oremergencies. 21. Any incident, accident, or flight operation that transgresses the lateral orvertical boundaries of the operational area as defined bythe applicable COA will bereported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents willbe reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. 22. The operatorwill be responsible for maintaining and inspectingthe UAS to ensure thatitis in a condition for safe operation. 23. The operatorwill follow the UAS manufacturer's maintenance,overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraftcomponents. 24. Each UAS operated under this exemption will complywith all manufacturer safetybulletins. 25. Priorto each flight, the PIC will conduct a pre-flightinspection and determine the UAS (including both the aircraft and flight controller) is in a condition for safe flight. The pre-flight inspection will account for all potential discrepancies (e.g., inoperable components, items, or equipment). Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraftwill be prohibited from operatinguntil the necessary maintenance has been performed andthe UAS is found to be in a condition for safe flight. 26. The PIC will be prohibited from beginninga flight unless (consideringwind and forecast weather conditions) there is enough available power for the UA to conductthe intended operation and to operate after thatfor atleast five minutes or with thereserve power recommended bythe manufacturer ifgreater. 27. AFlight Operations and Maintenance Log will be maintainedfor each UA. Cumulative flight hours, maintenance activities, repairs, alterations and inspections will be lUEd 28. Any UAS thathas undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement ofa flight critical component, will undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights will only be conducted by a PIC with aVO and mustremain at least 500 feet from other people. The functional test flight mustbe conducted in such a manner so as to not pose an undue hazard to persons and property. All maintenance or alterations as noted above will be entered into the Flight Operations and Maintenance Log.

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## Attachment 3 Benefits to Public Interest

The requested exemption would authorize the applicant to perform aerial photography and video production with a small UA for commercial purposes (e.g., support real estate survey andtransactions, special events, and artistic photography), andwouldbenefitthe public interest as follows: 1. In the past, methods to obtain high quality photographic and video products ofsimilar nature have been conducted with manned fixed and rotor wing aircraft. The use ofa small UA to obtain these products would provide a significant reduction in costs for those seeking these products, and make these products available for a segment ofthe population where the costtoday is prohibitively expensive. 2. The use ofa small UA will reduce the noise, emissions, and air pollution generated when usingmoretraditional manned aircraftflight operations for obtaining aerial photographs and video production

. 3. Operation of a small UA will substantially reduce the potential risk to life and property which is commonly associated with traditional manned aircraft flight operations in obtaining aerial photographs and video production. Approval ofthis exemption would thus provide economic benefits, reduce impact on the environment, and enhance safety, fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities under Section 3 3 3(c) ofthe Reform Act to "establish requirements for the safe operation ofsuch aircraft systems in the national airspace system."

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### Aircraft

Remote Controller 

## Attachment 4 DJI Inspire 1 Model T600 Specifications* Model T600 Weight (Battery Included) 2935 g HoveringAccuracy (GPS Mode) Vertical: 0.5 m Horizontal: 2.5 m Max Angular Velocity

Max TiltAngle Max Ascent Speed Max Descent Speed Max Speed Max Flight Altitude Max Wind Speed Resistance Max FlightTime Motor Model Propeller Model Indoor Hovering OperatingTemperature Range Diagonal Distance

Dimensions

Name Operating Frequency

- 11- Pitch: 300° fs Yaw: 150° fs

5m/s 4m/s 22 

### mfs (ATTI mode, no wind) 4500m 10 

### mfs Approximately 18 minutes DJI 3510 DJI 1345 Enabled by default

559 to 581 mm

438x451x301 mm

C1 922.7-927.7 MHz (Japan Only)

### Battery (Standard) Transmitting Distance (OutdoorAnd Unobstructed) EIRP

Video Output Port Power Supply Charging Dual User Capability Mobile Device Holder Max Mobile Device Width Output Power OperatingTemperature Range Storage Temperature Range Charging Temperature Range Battery

Name Model Capacity Voltage BatteryType Energy NetWeight

- 12- 5.725-5.825 GHz 2.400-2.483 GHz 2km 10dBm@900m, 13dBm@5.8G, 20dBm@2.4G USB, mini-HDMI Built-in battery DJI charger Host-and-Slave connection Tablet or Phone 170mm 9W -10° to 40° C Less than 3 months: 

## -zoo to 45° C More than 3 months: 22° to 28° C

6000 mAh LiPo 2S Intelligent Flight Battery TB47 4500 mAh 22.2 

## v LiPo 6S High voltage battery 99.9Wh 570 g

### Operating Temperature Range Storage Temperature Range Charging Temperature Range Max Charging Power

*As ofMay 16, 2015 published on www.dji.com

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### -10° to 40° C Less than 3 months: -20° to 45° C More than 3 months: 22° Cto 28° C

180W