1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Kuepper Creative

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQU IREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 21 subpart H

, 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING

COMMERCIAL OPERATION OF THE DJI INSPIRE 1 UNMANNED

AI RCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on May 8 , 2015

Lee Kuepper Kuepper Creative 38231 Sterling Hwy Sterling, AK 99672

907

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- 19712 TABLE OF CONTENTS

GLOSSARY OF ABBREVIA TIONS 3

SUMMARY 4

INTRODUCTION AND INTEREST OF PETITIONERS 4

BACKGROUND 5

BASIS FOR PETITION 5

NAME AND ADDRESS OF PETITIONERS 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH KUEPPER CREATIVE

SEEKS EXEMPTION 8

T HE EXTENT OF RELIEF KUEPPER CREATIVE SEEK AND THE REASON

KUEPPER CREATIVE SEEKS THE RELIEF 11

THE REASONS WHY GRANTING REQUEST WOULD BE IN THE PUBLIC

INTEREST 14

THE REASONS WHY GRANTING THE EXEMPTION WOU LD NOT

ADVERSELY AFFECT SAFETY 1 6

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 2 8

CONCLUSION 2 9

APPENDIX 303 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area Of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airs pace System

NOTCAM Notice To Airmen

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

Section 333

SO Safety Observer

SOP Standard Operating Procedure

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line Of Sight

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff And Landing4 SUMMARY Lee Kuepper, owner of Kuepper Creative, seeks exemption from the requirements of 14 C.F.R §§ 21 subpart H, 61.113(a) & ( b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Kuepper C reative to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography to be used in television and web based commercials, educational videos, tourism promotion, and nature awareness over certain areas of the United States.

INTRODUCTION AND INTEREST OF THE PETITIONER Lee Kuepper is the owner of Kuepper Creative, located in Sterling, Alaska. Kuepper

Creative was founded in 2015. Lee Kuepper is has 2 year experience with RC flight and hold CPR, FIRST AID, AED, and USCG Merchant Marine Licences/certificatio ns.

Kuepper Creative counts state and local agencies, environmental organizations , visitor’s bureaus and various print and web publications among our clients. Kuepper Creative is actively involved in the Kenai Peninsula community

. The objective of Kuepper Creative is to provide high quality imaging for a variety of commercial and publi c uses, specifically targeting:

● Creation of commercial messages for television and websites

● Documentaries

● Educational videos

● Safety and training

● Environmental Tourism

● Real Estate

● Increasing public knowledge of UAS and promote safe UAS operatio ns.5 BACKGROUND Unmanned Aircraft Systems: DJI Inspire 1 UAS

Kuepper Creative seeks an exemption to operate DJI systems f or compensation or hire within the NAS. The DJI Inspire 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Inspire 1 UA is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Inspire 1 UA that will be operated Kuepper Creative will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION Petitioner, Lee Kuepper of Kuepper Creative pursuant to the provisions of the Fed eral Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby petition the Administrator to commercially operate the DJI Inspire 1 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 21 subpart H, 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weigh t, size, and limited operating area associated with the unmanned aircraft and its operation, Kuepper Creative’s operation of the DJI Inspire 1 UAS meets the conditions of FMRA Section 333 and therefore, will not require an

airworthiness certificate in acco rdance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Kuepper Creative requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraf t with an airworthiness certificate.

Kuepper Creative submits that the requested relief is proper since an equivalent level of safety will be ensured. Kuepper Creative will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, Kuepper Creative

will document and maintain all mainten ance records for the DJI Inspire 1 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Kuepper Creative to the extent necessary to allow a Pilot in Comma nd (PIC) holding an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and6 maintaining appropriate distances from people, vessels, vehicles and structures.

Kuepper Creative seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because the DJI Inspire 1 UAS does not require an airw orthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Kuepper Creative submits that they will ensure that the DJI Inspire 1 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance wit h the operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.

Kuepper Creative also seeks an exemption from the requirements of Section 91.121,

entitled Altimete r Settings , as the DJI Inspire 1 UA will not have a typical barometric altimeter onboard. However, altitude information of the DJI Inspire 1UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Kuepper Creative ’s operation of the DJI Inspire 1 UA within visual line of sight, at or below 500 feet AGL, will ensure a

level of safety equivalent to Section 91.121.

Additionally, Kuepper Creative seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Kuepper Creative submits that safety will not be affected by o peration of the DJI Inspire 1 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and , assuming normal cruising speed, to fly

after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Kuepper Creative provide s the following information in support of their petition for exemption:7 

### A. Name and Address Of The Petitioner

Lee Kuepper Kuepper Creative 38231 Sterling Highway Sterling, AK 99672 kueppercreative@gmail.com8 

### B. The Specific Sections Of 14 C.F.R. From Which Kuepper Creative Seeks Exemption.

1. Kuepper Creative Seeks Exemption From The Requirements Of Section Par t 21, Subpart H

14 C .F.R. Part 21, Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1 )

2 . Kuepper Creative Seeks Exemption From The Requirement s Of Section 61.113(a)

and (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC)

of an airc raft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

3 . Kuepper Creative Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled civ il aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

4 . Kuepper Creative Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Alt imeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain 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 current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section,

the current reported altimeter setting of an appropriate available station; or (iii) 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.

5

. Kuepper Creative See ks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless9 (consider ing 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.

6

. Kuepper Creative Seeks Exemption From The Requirement Of Secti on 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspectio ns, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

7

. Kuepper Creative Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration

, s ubsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-- (1) It has been app roved for return to service by a person authorized under § 43.7 of this chapter[.]

8

. Kuepper Creative Seek s Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the fol lowing: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had -- (1) An annual inspection in accordance with part 43 of this chapter and has been approved fo r return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

9

. Kuepper Creative Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a ) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following record s for the periods specified in paragraph (b) of this sec tion: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate,

for each airc raft (including the airframe) and each engine, propeller, rotor, and appliance

of an aircraft. The records mu st include--10 (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return
to service. (2) Records contai ning the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, p ropeller, rotor, and

a

ppliance. (iii) The time since last overhaul of all items installed on the aircraft which are required

to be overha uled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances

are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date

wh en the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, roto rs, propellers, and appliances. (b) The owner or operator shall retain the following reco rds for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered ow ner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for

return to service.11 

### C. The Extent Of Relief Kuepper Creative Seeks And The Reason Kuepper Creative Seeks The Relief.

1. Kuep per Creative Seeks Exemption From The Requirements Of Section Part 21, Subpart H

Given the size and limited oper ating area associated with the UAS to be utilized by the Kuepper Creative , an exemption from Part 21 Subpart H meets the requirements of an equi valent level of safety under Part 11 and Section 333 of the Reform Act.

The Federal Aviation Act (49 U.S.C.§ 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 and pop ulated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional rotorcraft operating with an

airworthiness certificate without the restrictions and conditions of the proposed UAS operations.

2 . Extent O f Relief Kuepper Creative Seeks And The Reason Kuepper Creative

Seeks Relief From Section 61.113 (a) and (b)

.

Relie f from Section 61.11 3 (a) and (b) entitle d P rivate pilot privileges an d l imitations:

Pilot i n command , is requested to the extent necessary to allow a PIC holding a valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation

or hire.

As set forth more fully below

, Kuepper Creative s ubmits that an equivalent level of safety will b e maintained because no PIC will be allowed to operate the DJI Inspire 1

UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, a s well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Kuepper Creative submits that all flights of the DJI Inspire 1 UAS, conducted by

the PI C pursuant to the gr a nt of this Petition: (1) will be incidental t o Kuepper Creative’ s b usiness; and (2 ) will not carry passengers or property for compensation or hire.12 3 . Extent Of Relief Kuepper Creative Seeks And The Reason Kuepper Creative Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civ il aircraft airworthiness , is requested to the extent required to allow Kuepper Creative to determine that the DJI Inspire 1 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual).

Kuepper Creative s eeks the requested relief because the DJI Inspire 1 UA does not require a n airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Kuepper Creative will ensure that the DJI Inspire 1 UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual) prior to every flight, and further,

determine that the a ircraft are in condition for safe flight, as stated in the conditions and

limitations below.

4 . Extent Of Relief Kuepper Creative Seeks And The Reason Kuepper Creative

Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter set tings, may be required to allow flight operations of the DJI Inspire 1 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground cont rol station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Kuepper Creative seeks the requested relief because the DJI Inspire 1 UA’s altimete r may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comp ly with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Inspire 1 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads-up display of the GCS.

5

. Extent Of Relief Kuepper Creative Seeks And The Reason Kuepper Creativ e Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Inspire 1 UA during daylight hours in visual met eorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and,13 assuming normal cruising speed, to fly after that for at least 4.5 minutes. Kuepper

Creative seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1 UA will severely constrain the practicality of any aerial video or still photo flight operations that Kuepper Creative

proposes to co nduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Inspire 1 UAS, the DJI Inspire 1 operating documents, and Kuepper Creative ’s proposed operating limitations, ensure that Kuepper Creative will safe ly operate the battery powered DJI Inspire 1 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing a nd, assuming normal cruising speed, to fly

after that for at least 4.5 minutes.

6 . Extent Of Relief Kuepper Creative Seeks And The Reason Kuepper Creative Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

S ince Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Kuepper Creative request s relief from these Sections because the DJI Inspire 1 UAS does not require an airworthiness certificate. As set forth more fully below, the DJI Inspire 1 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Kuepper Creative will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e. , Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, Kuepper Creative will document and

maintain all maintenance records for the DJI Inspire 1 UAS.14 

### D. The Reasons Why Granting Kuepper Creative’s Request Would Be In The Public Interest; or How It Would Benefit The Public As A

Whole.

Granting the present petition will further the public interest by allo wing Kuepper Creative to safely, efficiently, and economically perform aerial video and photography of wilderness, real estate, and landscapes over certain areas of the United States. Furthermore, it will benefit the public as a whole by increasing awarene ss for the wild lands, therefor increasing tourism, and stimulating the economy of a highly tourism dependent area. Additionally, use of the DJI Inspire 1 UAS will decrease congestion of the NAS, and reduce pollution. Notably, the benefits of Kuepper Creat ive’s proposed operation of the DJI Inspire 1 UAS will be realized without implicating any privacy

issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, and econ omical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Inspire 1 UAS would reduce the amount of mann ed aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arri ving and departing aircraft will be reduced. The DJI Inspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer

aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Inspire 1

UAS.

Conducting aerial acquisitions with the DJI Inspire 1 UAS, instead of manned aircraft,

wil l greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Inspire 1 UAS produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Inspire 1 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Inspire 1 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminate d.15 Aside from the lack of flight crew members located onboard the aircraft, the DJI Inspire 1 UA (weighing approximately 6 pounds 7.5 ounces respectively, at its maximum gross weight with a length of 17.3 inches and width of 17.7 inches, and with no fuel o n board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Inspire 1 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Inspire 1 UAS is also an econ omical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire 1 UAS will allow United States based companies, like Kuepper Creative, to remain competitive and contribute to growth of the U.S. econom y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain

comp etitive. Operating the battery powered DJI Inspire 1 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional

man ned aircraft.

B y operating the DJI Inspire 1 U AS, companies such Kuepper Creative , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. ec onomy. Improved financial performance of U.S. companies, through commer cial use of the DJI Inspire 1

U AS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in resea rch and development in order to remain competitive both in the United States and abroad.

Additionally, by allowing operation of the DJI Inspire 1, Kuepper Creative will be able to more easily work with local and state tourism agencies to showcase the bea uty and wildness of a very tourism based economy, therefor improving the economy of both state

and local businesses.

**4. There Are No Privacy Issues.**

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Kuepper Creative’s proposed operation of the DJI Inspire 1 UAS will not implicate any privacy issues. Specifically, the DJI Inspire 1 UAS will be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1

Instruction Ma nual ), which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.16 

### E. The Reasons Why Granting The E **xemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of**  **Safety At Least Equal To That Provided By The Rule From Which**  **Kuepper Creative Seeks Exemption.**

**1. Reasons Why The DJI Inspire 1 UA Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Kuepper Creatives’s operation of the DJI Inspire 1

UAS meets the cond itions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for conside ring whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

­­ Notwithstanding any other requirement of this subti tle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

­­ In making the determination under subsection (a), the Secretary shall determine, at a minimum

­­ (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

­­ If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems

in the national airspace system.

In seeking this exemption, Kuepper Creative submits that the DJI Inspire 1 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Inspire 1 UAS; (b) the pilot cert ification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Inspire 1 UAS Demonstrates Its Safe**

**Characteristics.**17 The DJI Inspire 1 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

**i. Technical Specifications Of The DJI Inspire 1 UAS.** The technical specifications of the DJI Inspire 1 UAS are set forth by the DJI Inspire 1 Specifications and Data Sheet

.

**ii. The DJI Inspire 1 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.**  The DJI Inspire 1 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Inspire 1 UAS is provided at pages 12-16 and 45-50 of the DJI Inspire 1 User Manual, attached

hereto as Exhibit B.

**iii. The DJI Inspire 1 UAS Is Designed For Automatic Return To Home Point Or**

**Hover In The Eve nt Of Loss Of The Control Link Or Navigation.**  When the Control Link is lost, the DJI Inspire 1 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, DJI Inspire 1 UA do not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position

and shutdown.

A complete description of the Failsafe Functions of the DJI Inspire 1 UAS are set forth at pages 13 through 15 of the DJI Inspire 1 User Manual, attached hereto as Exhibit A.

**iv. The DJI Inspire 1 GCS And Its Operation.** A complete description of the operation and specifications of the DJI Inspire 1 GCS and flight control software is provi ded at pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Inspire 1 User Manual is attached hereto as Exhibit A.

**b. Flight Operations Of DJI Inspire 1 UAS is Limited To The Line Of Sight Of A**  **Certificated Pilot in Command With A Safety Observer.**

Kuepper Creative will only utilize certificated pilots to act as a pilot in command (PIC) of the DJI Inspire 1 UAS. Additionally, a safety observer will assist all pilots during flight

time.

**c. Flights Of The DJI Inspire 1 UAS Will Be Conducted Pursuant**  **To Specific Operating Limitations.** 

In seeking this exemption, Kuepper Creative proposes to commercially operate the DJI Inspire 1 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following18 aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this
grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and phot ography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special req uest is made and approved by ATC. All altitudes reported to ATC must be in

feet AGL.

5. The UAs 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.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be use d to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO 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 b efore the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations a nd made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained

in the grant of exemption 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 upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any

u

pdate or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or

r evisions to the operating documents.19 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited f rom operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. 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. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirement s, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signat ure of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections. 17. The PIC must meet possess at least a current medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates t he ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualifica tion flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the 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 non-participants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All20 operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautic al chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. 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.

22. If the UA loses communications or loses its GPS sig nal, it must return to a pre-determined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in

accordance w ith the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Noti ce to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and pote ntial transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serialnumber, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. par t 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate governmen t oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These

documents must be made available to the Administra tor or any law enforcement official

upon request.21 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that suffic iently 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 a nd are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission 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, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those pe rsons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will b e obtained for each flight to be

conducted.

33. 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 Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov

.22 **2. Reasons Why An Exemption From The Requirements Of Section 21 Subpart H** 

**Would Not Adversely Affect Safety.** 

Kuepper Creative submits that th e equivalent level of safety established by Section 61.113(a) and (b) will be m aintained because The UAS to be operated hereunder weighs less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive

materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator, pur suant to the Manual's requirements.

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 operati ons 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 UAS, due to its size, speed of operation, l ocation of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

**3 . Reasons Why An Exemption From The Requirements Of Section 61.113(a) And**  **(b) Would Not Adversely Affect Safety.**

Kuepper Creative submits that the equivalent level of safety established by Section 61.113(a) and (b) will be m aintained because no PIC will be allowed to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a

manner consistent with t he exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Kuepper Creative’s proposed area of operations, and the operating limitations set forth-above; the pa rallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Inspire 1 UAS, Kuepper

Creative submits that the additiona l manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Kuepper Creative’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) sp ecific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Kueppe r Creative will not allow any PIC to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI

Ins pire 1 UAS in a manner consistent with this exemption, including evasive and23 emergency maneuvers and maintaining appropriate distances from people, v essels,

vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Kuepper Creative ’s proposed operations. The Administrator has held that prior documented flight experien ce that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations) , the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 1106 2, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusiv e rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 take offs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitio ner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted u nder the grant of exemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, Kuepper Creative will ensure safe operations by not allowing any PIC to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate t he DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

**4 . Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would** 24 **Not A dversely Affect Safety.** 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Kuepper Creative will ensure that the DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance w ith its operating documents and

as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e .g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5 . Reasons Why An Exemption From The Requirements Of Section 91.121 Would**  **Not Adversely Aff ect Safety.** 

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Inspire 1 U A will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which down links from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Kuepper Creative’s operation of the DJI Inspire 1 U A within visual line of sight, at or below 500 feet AGL, will ensure a level of sa fety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level.

The FAA has pre viously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6 . Reasons Why An Exemption From The Requirements Of Section 91.151(b)**  **Would Not Adversely Affect Safety.**

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151( b) as a result of (1) the technical specifications of the DJI Inspire 1 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Kuepper Creative will ensure that it will safely

operat e the battery powered DJI Inspire 1 U A during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at leas t 4.5

minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire 1 UAS;25 the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Inspire 1 UAS provides audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining b attery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Inspire 1 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establis h that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exempti on Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**7 . Reasons Why An Exemption From The Requirements Of Sections**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect**  **Safety.**

In seeking this exemption, Kuepper Creative submits that the equivalent level of safety

wi th regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met

because Kuepper Creative will use trained technicians to perform maintenance,

altera tions, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating d ocuments (i.e. Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, Kuepper Creative

will docum ent and maintain all maintenance records for the DJI Inspire 1 UAS.

Since the DJI Inspire 1 UAS will be inspected as prescribed by the operating documents, Kuepper Creative will maintain the equivalent level of safety established by Sections 91.405(a), 9 1.409(a)(1), and 91.409(a)(2). A copy o f the DJI Inspire 1 User Manual is attached hereto as Exhibit C and D; a copy of the DJI Inspire 1 UAS Maintenance LOG

is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Kuepper

Creative will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents

.

Furthermore, the exemption sought would m aintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Inspire 1 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly ma intenance log. P revious exemptions26 granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of t he UAS are considered. In consideration of Kuepper Creative proposed operating limitations, the operating documents, and the technical aspects of the DJI Inspire 1 UAS, Kuepper Creative submits that safety will not be adversely affected by granting exempti on from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 110 62, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**8 . The FAA May Prescribe Any Other Conditions For Safe Operation.** 

In accordance with Section 333 of the FAA Modern ization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Kuepper Creative request s that the FAA prescribe special conditions for the intended operation of the DJI Inspire 1 UAS, which contain such safety standards that the A dministrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). S uch special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering w hether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that m ust be established for the safe operation of the UAS in the

NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Inspire 1 UAS, since the airworthiness regulations of 14

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that establis hed in the regulations.

See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Kuepper Creative intended operation of the DJI Inspire 127 UAS, which contain such safety sta ndards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).28 

### F. A Summary That Can Be Published In The F ederal Register, stating:

**The Rules From Which Kuepper Creative**  **Seeks Exemption:**

Kuepper Creative seeks exemption from the requirements of 14 C.F.R Sections 21 Subpart H, 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**A Br ief Description Of The Nature Of The Exemption**  **s Kuepper Creative**  **Seeks:**

This exemption will permit Kuepper Creative to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

**Any Additional Information, Views, Or Arguments Available To Support Kuepper** 

**Creative Request.** 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Kuepper Creative ’s request for exemption ma y be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a

thr eat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Kuepper Creative will operate the DJI Inspire 1 UAS safely in the NAS, without creating a hazard to use rs of the NAS, or the public, or otherwise pose a threat to national security.29 CONCLUSION

As set forth herein, Kuepper Creative seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), wh ich will permit safe operation of the DJI Inspire 1 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Admin istrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Kuepper Creative to safely, efficiently, and economically operate the DJI Inspire 1 UASs co mmercially within

the NAS.

I n accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Kuepper Creat ive respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R

Sections 21 Subpart H, 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Ku epper Creative to operate the DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: April 28, 2015

Respectfully, Lee Kuepper

Kuepper Creative 38231 Sterling Highway

S terling, AK 9967230 Appendices:

A

– DJI Inspire 1 Specifications Data Sheet

APPENDIX

– A

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Kuepper Creative only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are lo aded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predeter mined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

2.2 DJI Inspire 1

2.2.1 Aircraft 2.2.1.1 Model

– T600 2.2.1.2 Weight (Battery Included)

– 6lbs 7.5291oz (2935g) 2.2.1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 Max Angular Velocity

– Pitch: 3000/s; Yaw: 1500/s 2.2.1.5 Max Tilt Angle

- 350 2.2.1.6 Max Ascent Speed

– 5m/s 2.2.1.7 Max Descent Speed

– 4m/s 2.2.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED) 2.2.1.9 Max Flight Altitude

– 4500m

2.2.1.10 Max Wind Resistance

– 10m/s 2.2.1.11 Max Flight Time

– Approximately 18 mi nutes
2.2.1.12 Motor Model

– DJI 3510 2.2.1.13 Propeller Model

– DJI 1345 2.2.1.14 Operating Temperature Range

– 140F to 1040F (

- 100C to 400C)

2.2.1.15 Dimensions

– 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal 2.2.2.1 Model

– ZENMUSE X3 2.2.2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W 2.2.2.3 Operating Current

– Static: 750mA; In Motion: 900mA 2.2.2.4 Angular Vibration Range

- ±0.030 2.2.2.5 Mounting

– Detachable 2.2.2.6 Controllable Range

– Pitch:

- 900to +300; Pan: ±3200

2.2.2.7 Mechanica l Range

– Pitch:

- 1250to 450; Pan: ±3300 2.2.2.8 Max Controllable Speed

– Pitch: 1200/s; Pan: 1800/s

2.2.3 Camera 2.2.3.1 Name

– X3

2.2.3.2 Model

– FC350

2.2.3.3 Total Pixels

– 12.76M

2.2.3.4 Effective Pixels

– 12.4M 2.2.3.5 Image Max Size

– 4000x3000 2.2.3.6 ISO Range

– 100

- 320031 2.2.3.7 Field of View

- 940

2.2.3.8 CMOS

– Sony EXMOR 1/2.3” 2.2.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range

- 320F

- 1040F (00C

- 400C)

2.2.4 Transmitter 2.2.4.1 Name

– C1 2.2.4.2 Operating Frequency

– 5.728

- 5.850GHz; 2.400

- 2.483GHz 2.2.4.3 Communicating Distance (unobstructed)

– 2000m 2.2.4.4 Output Power

– 9W 2.2.4.5 Operating Temperatur e Range

- 140F to 1040F (

- 100C to 400C) 2.2.4.6 Battery

– 600mAh LiPo 2S

B

– DJI Inspire 1 User Manual32 APPENDIX

– B

DJI INSPIRE 1 USER MANUAL

http://download.dji-innovations.com/downloads/inspire_1/en/ Inspire_1_User_Manu al_v1.2_en.p df33 C

– DJI Inspire 1 Maintenance Log

APPENDIX

– C

DJI INSPIRE 1 Maintenance Log