UNITED STATES OF AMERICA DEPART MENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Toby Brusseau Photography FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECT IONS 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 COMMERCI AL OPERATION OF CARBON CORE QUAD COPTER/ DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on May 6 , 2015 Toby Ray Brusseau 10652 Canyon Place , Rapid City, South Dakota 605

- 484

- 85 002 TABLE OF CONTENTS Page

GLOSSARY OF ABBREVIATIONS...................................................................... ..............3 SUMMARY

..... ............ ..................... ....................................................................... ... ....... ..... 4 INTRODUCTION AND INTERESTS OF PETITIONER.......

............................... ......... .. .. .4 BACKGROUND..

.... .... .................................................................................... ............ ....... .. .4 B ASIS FOR PETITION.......................

.......... .................................................................... ...... ...... ........ .....5

NAME AND ADD RESS OF PETITIONER.........................

......... ................................. ..... .8 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Tob y Ra y Brusseau SEEKS EXEMPTION.................

......................... ............................................. ......................... ... ..... .8

THE EXTENT OF RELIEF Tob y Ray Brusseau SEEKS AND THE REASON Tob y Ray Brusseau SEEKS THE RELIEF...........

.......................... .............. ................... .............. .... ...12

THE REASONS WHY GRANTING Tob y Ray Brusseau’s REQUEST WOULD BE IN THE PUBLIC INTEREST ............

............ .......................................... .. ...15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.........................................................................

........ ........................... .. .18

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER....

.... .. ........ 3 6 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT Tob y Ray Brusseau’s REQUEST....................

.......................... .................. .... ..36

CO NCLUSION.................

...................................................... . .......... ...... ........................ .. ..3 7 APPEND ICES....................

...................................................... .................................. .... . ... .383 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial V ehicle 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 o f Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Se c tion 333 FAA Modernizatio n and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC V isual Meteorological Conditions VTOL Vertical Takeoff and Landing4 SUMMARY

Tob y Ray Brusseau seeks exemption from the requirements of 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), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit to operate an Unmanned Aircraft System ( UAS) for the commercial purpose of conducting aerial video and photography of forest service operations, construction sites, real estate and landscape over

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Tob y Ray Brusseau provides his clients with expertise and knowledge in advanced photography and video solutions to increase efficiency, productivity and effectiveness. Tob y Ray Brusseau has over 10 years of experience in Photographic and Video Technology 4 years recreation al and hobby experience in all aspects of aerial video and photography. The objective of Tob y Ray Brusseau’s aerial video and Photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting: Forest Service Survey Operations

Real

- estate marketing and Appraisals Construction sites before, after and during Aerial acquisitions used for inspections of public and private structures. Search and Rescue operations5 BACKGROUND

Unman n ed Aircraft Systems: DJI Insp i re 1 Quadcopter Toby Ray Brusseau seeks an exemption to operate DJI Inspire 1 for compensation or hire within the NAS. The DJI Inspire

1 is a vertical take off and landing (VTOL) Unmanned Aircraft (UA) with a Ground Contr ol

St ation (GCS) Utilizing a 5.3 Mhz Remote Control system. The DJI Inspire 1 has a maximum gross weight of approximately 6 pounds 5 ounces, while having a width of 40 inches and a height of 15 inches, and a maximum speed of approximately 43 knots.

The Inspire 1 has a maximum gross weight of 6 pounds 5 ounces, a length of 18.3 inches, width of 17.7 inches, height of 7.48 inches, and a m aximum speed of Approximately 43 knots. Inspire 1 i s equipped with 4 main rotors ; utilizing Lithium Polymer batteries to power th e electric motors.

The Inspire 1 that will be operated by Tob y Ray Brusseau 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, Tob y Ray Brusseau , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Sect ion 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the Inspire 1 in the National Airspace System (NAS), and for an exemption from the requirements of 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).6 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Tob y Ray Brusseau’s operation of the Inspire 1 meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Tob y Ray Brusseau 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 aircraft with an airworthiness certificate.

Tob y Ray Brusseau submits that the requ ested relief is proper since an equivalent level of safety will be ensured. Tob y Ray Brusseau will use experienced personnel or technicians to perform maintenance, alterat ions, or preventive maintenance o n the UAS's using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly M aintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, Tob y Ray Brusseau will document

and maintain all maintenance records for the DJI Inspire 1

. Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Tob y Ray Brusseau to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrate d, by mee ting minimum flight

- hour and current requirements, that the PIC is able to safely operate the DJI I nspire 1 in

a manner consistent with this exemption, including evasive and emergency maneuver s and maintaining appropriate distances from people, v essels, vehicles and structures.

Tob y Ray Brusseau seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Inspire 1 do not require an airworthiness certificate in

accordance with 14 C.F. R. Part 21, Subpart H. As such, To b y Ray Brusseau submits that he7 will ensure that the DJI Inspire 1 is in an airworthy condition, prior to every flight, by determining tha t the UAS's are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1 Instructi on Manual), and that the aircraft are in a condition for safe flight.

Tob y Ray Brusseau also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings , as the DJI Inspire 1 will not have a typical barometric altimeter onboard. However, altitude information of the DJI Inspire 1 will be provided to the PIC via Global Positioning System (GPS) equipment and radio comm unications telemetry data link, which downlinks from the UAS to the GCS for active monitoring of the flight path. This altitude information, combined with Tob y Ray Brusseau’s operation of the DJI Inspire 1

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent

to Section 91.121. Additionally, Tob y Ray Brusseau seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Tob y Ray

Brusseau submits that safety will not be affected by operation of the DJI Inspire 1 during daylight hours in visual m eteorological condi tions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 10 minutes for the intended p hoto shoot and, assuming normal cruising speed, to fly after that for at least 2.5 minutes for recovery and lan ding. In accordance with 14 C.F.R. § 11.81, Tob y Ray Brusseau provides the following information in support of its petition for exemption:8 A. Name And Address Of The Petitioner The name and address of the Petitioner and point of contact is:

Tob y Ray Brusseau 10652 Canyon Place, Rapid City, SD 605

- 484

- 8500

Email: tobyrbrusseau@gmail.com B. The Specific Sections Of 14 C.F.R. From Which Tob y Ray Brusseau seeks Exemption

1. Tob y Ray Brusseau Seeks Exemption From The Requirements Of Section 61.113(a)

An d (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in comm a nd , 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 aircraft 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 busine ss 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.

2. Tob y Ray Brusseau Seeks Exemption From The Requirements Of Secti on 91.7(a)

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

3. Tob y Ray Brusseau Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following , in part:9 (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, t o -- ( i) The current reported altimeter setting of a station along the route and within 100 nautical

miles of the ai r craft ; (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 depar ture.

4. Tob y Ray Brusseau Seeks Exemption From The Requirements Of Section91.151(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 V FR 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.

5. Tob y Ray Brusseau Seeks Exemption From The Requirement Of Section91.405(a). Section 91.405, entitled Maintenance required , subsection (a ), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspe cted as prescribed in subpart E of this part and shall between required inspections, except as provi ded in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Tob y Ray Brusseau Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintena n ce,10 rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircr aft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unle s s -- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter.

7. Tob y Ray Brusseau Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a), states the following : (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar mon ths, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for 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 a ccordance with part 21 of this chapter.

8. Tob y Ray Brusseau 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 perf ormed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b)

of this section: (1) Records of the maintenance, preventive maintenance, and alteration and record s of the

100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for11 each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an

aircraft. The records must includ e -- ( 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 containing the following informati o n: ( i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) Th e current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of a ll items installed on the aircraft which are required to be overhauled on a specified time ba s is. (iv) The current in spection 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 dire ctives including, for each, the method of compliance, the AD or Safety directive number and

revision date. If the AD o r safety directive involves recurring action, the time and date when the next action is requi r ed. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed:12 (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by 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 owner 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.

C. The Extent Of Relief Tob y Ray Brusseau Seeks And The Reason Tob y Ray Brusseau

Seeks The Relief.

1. Extent Of Relief Tob y Ray Brusseau Seeks And The Reason Tob y Ray Brusseau Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitati ons: Pilot in command , is requested to the extent necessary to allow a PIC holding a private p ilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- h our 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 P IC 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, Tob y Ray Brusseau submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Inspire 1 unless that PIC has met certain flight

- hou r and And current requirements, demonstrating that the PIC13 is able to safely op erate either the DJI Inspire 1 in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Tob y Ray Brusseau su bmits that all flights of the DJI Inspire 1 conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Tob y Ray Brusseau’s business; and (2) will not carry passengers or property for compensation or hire.

2.Extent Of Relief Tob y Ray Brusseau Seeks And The Reason Tob y Ray Brusseau From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Tob y Ray Brusseau to determine that the DJI Inspire 1 are in

airwor thy 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 manuals.

Tob y Ray Brusseau seeks the requested relief because the DJI Inspire 1 do es not requir e an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Tob y Ray Brusseau will ensure that the DJI Inspire 1 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 aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Tob y Ray Brusseau Seeks And The Reason Tob y Ray Brusseau Seeks

Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to a l low flight operations of the DJI Insp i re 1 UAS's, which utilize a barometric pressure sensor, GPS equipment, a nd a radio communications telemetry data link to downlink altitude information14 from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (AT C) in feet above ground level (AGL), Tob y Ray Brusseau seeks the requested relief because the DJI Inspire 1’s altimeter 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 comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maint ained since the DJI Inspire 1 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.

4. Extent Of Relief Tob y Ray Brusseau Seeks And The Reason Tob y Ray Brusseau Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested t o the extent required to allow flights of the battery powered DJI Inspire 1 during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 10 minutes to the first point of intended landing and,

ass uming normal cruisi ng speed, to fly after that for at least 2.5 minutes. Tob y Ray Brusseau seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1 will severely constrain the practicality of any aerial video or still photo flight operations that Tob y Ray Brusseau proposes to conduct pursuant to this Petition.15 Significantly, as set forth below, the technical specifications of the DJI Inspire 1 operating documents and Tob y Ray Brusseau’s proposed operating limitations, ensure that

Tob y Ray Brusseau will safely operate the battery powered DJI Inspire 1 during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power t o fly for a total duration of 12 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 2.5 minutes.

5.Extent Of Relief Tob y Ray Brusseau Seeks And The Reason Tob y Ray Brusseau Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Since 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, Tob y Ray Brusseau requests

relief from these Sections because the DJI Inspire 1 do es not require airworthiness certificates. As set forth more fully below, the DJI In spire 1 meet s the conditions of FMRA Section 333 for operation without an airworthiness cert ificate. Accordingly, Tob y Ray Brusseau will use

trained tech nicians to perform maintenance, alterations, or prev entive maintenance o n the

UAS's using the methods, techniques, and practices prescribed in the UAS operating

documen ts (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, Tob y Ray Brusseau will document

and maintain all maintenance records for D JI Inspire 1. D. The Reasons Why Granting Tob y Ray Brusseau Request Would Be In The Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing Tob y Ray

Brusseau to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.16 Additionally, use of the DJI Inspire 1 will decrease congestion of the NAS, reduce pol lution, and pro vide significant benefits to the economy. Notably, the benefits of Tob y Ray Brusseau 's proposed operation of the DJI Inspire 1 will be realized without implicating any privacy

issues. 1.The Public Will Benefit From Decreased Congestion Of T he NAS.

The DJI Inspire 1 is battery powered and serve s as a safe, efficient, and economical

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisition s, an exemption allowing

the use of the DJI Inspire 1 would reduce the amount of manned aircraft in the NAS, redu ce 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 num ber of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Inspire 1 do es 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 by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. 2. The Public Will Benefit From The Safety And Efficie ncy Of The DJI Inspire 1

. Conducting aerial acquisitions with the DJI Inspire 1 instead of m a nned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photogr aphy flight operations. By using battery power and electric motors, the DJI Inspire 1 produce s no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal17 combustion engine aircraft that are typi cally utilized for aerial video and photography while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Inspire

1 , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA's are prop elled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Inspire 1 to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with tradit ional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from

the lack of f l ight crew members located onboard the aircraft, the DJI Inspire 1 (weighing approximately 6 pounds 5 ounces and, at their maximum gro ss weights with respectively (and with no fuel on 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, and a fuel capacity of 180 gallons )

. 3. Performing Aerial Video and Photography Operations With The DJI Inspire 1 Will Benefit The Economy. In addition to being safe and efficient, the DJI Inspire 1 is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of

the DJI Inspire 1 will allow United States based companies, like Tob y Ray Brusseau’s to remain competitive and contribute to growth of the U.S. economy. Specifically, w ith 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 competitive. Operating the battery powered DJI Inspire 1 is one such technology that not only allows companies greater operational18 flexibility compared to manned aircraft, but pr ovides such flexibility without the high operational cost of a traditio nal manned aircraft. By operating the DJI Inspire 1 , companies such as Tob y Ray Brusseau’s can remain competitive and profitable and therefore, provide greater job stability to employees and contractors, whic h will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Inspire 1 , provides a stable workforce that increases consumer spending, improve s local, state, and

federal tax revenues and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. 4.There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that h ave been conducted for decades, Tob y Ray Brusseau’s p roposed operation of the DJI Inspire 1 will not implicate any privacy issues. Specifically, the DJI Inspire 1 will be operated only in compliance with operating docu m ents documents (i.e. Aerial Operations Manual, Monthly Maintenance Log,

and the DJI Inspir e 1 Instruction Manual's) wh ich requires property owner in vol vement as well as local law enforcement notification, and in accordance with the Federal Avia t ion Regulations, including the minimum altitude requirements of 14 C.F. R. § 9 1.119

. E. The Reasons Why Granting The Exemption 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 Tob y Ray Brusseau Seeks Exemption. 1. Reasons Why The DJI Inspire 1 Me et ’s The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.19 In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Tob y Ray Brusseau’s operation of the D JI Inspire 1 meet the conditions 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 considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specif ically, FMRA Section 333 states the following, in part: (a) In General

-- Notwithstanding any other re quirement of this subtitle, 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 th e 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 S y

stems

. -- 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 airs pace 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 un manned aircraft systems identified under paragraph (1).20 (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 s ystem. In seeking this exemption, Tob y Ray Brusseau submits that the DJI Inspire 1 can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Inspire 1 ; (b) the pilot certification requirement; and ( c) the specific operating limitations. a. The Specifications Of The DJI Inspire 1 Demonstrate s Its Safe Characteristics.

The DJI Inspire 1 do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security conside ring its size, weight, speed, and operational capabil i ty. i. Technical Specifications Of The DJI Inspire 1

The technical specifications of the DJI Inspire 1 are set forth by the DJI Inspire 1 Specifications and Data Sheet, at tached hereto as Exhibi t A

. ii. The DJI Inspire 1 Autonomous Flight And Navigation Modes Enabl e The UAS's To Remain Within A Defined Operational Area.

The DJI Inspire 1 may be operated in both manual and fully autonomous flight modes. The DJI Inspire 1 may be operated in manual flight mode only. A complete description of the flight and navigational modes of the DJI Inspire 1 is provided at pages 12

- 33 of the DJI Inspire 1 User Manuals, at tached hereto as Exhibit A

. Iii. The DJI Inspire 1 Are Designed Fo r Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.21 When the Control Link is lost, the DJI Inspire 1 will remain stationary in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 due not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the UAS will return to the home pos ition (i.e., failsafe mode) via GPS, and will descend to the takeoff position and

shutdown. A complete description of the Fa ilsafe Functions of the DJI Inspire 1 are set forth at pages 10 through 17 of the DJI Inspire 1 User Manuals, at tached 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 provided at pages 12 through 43 of the DJI Inspire 1 User Manual

. The DJI Inspire 1 User Manuals are att ached hereto as Exhibit A

. b. Flight Operations Of DJI Inspire 1 Are Limited To The Line Of Sight Of A

Ce rtificated Pilot in Command With A Safety Observer.

Tob y Ray Brusseau will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Inspire 1 . Additionally, a safety observer will assist all pilots during flight time. c. Flights Of DJI Inspire 1 Will Be Conducted Pursuant To Specific Operating

Limitations. In seeking this exemption, Tob y Ray Brusseau proposes to commercially operate DJI Inspire 1 for the special purpose of c onducting 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 following aircraft described in the operating documents, rotor c raft UAS's weighing less than 55 pounds22 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 photography. 3. The UA may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 400 feet above ground lev el (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UA's must be operated within visual line of sight (VLOS) of the P IC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified o n 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 used 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. Electro nic messagi n g or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the 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 and made available to the Administrator upon request. If a discrepancy exists23 between the conditions and limitations contained in the grant of exemption and the pr ocedures 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 m ay 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 petitio ns for extension or amendment to the grant of exemption. If the operator determines that any update 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 FA A’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 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 from 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

incl uded 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.24 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 airc raft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. M aintenance, inspectio n, 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 signature of the authorized person returning the UAS to service.

Each UAS's operated under this exemption must comply with all manufacturer Safety

Bulletins.

15. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

16. The PIC must possess at least a private pilot certificate and at least a current third

- class

medical certificate.

17. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the 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 qualification flight hours must be logged in a man ner consistent with 14 C.F.R. §61.51(b). Flights for the purposes of training the opera t or’s PIC's are permitted under the terms of the exemption. However, training operations may25 only be conducted during dedicated training sessions. During training, profi ciency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

18. UAS operations m ay not be conducted during night, as defined in 14 C.F.R. § 1.1. All 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 ope rations. Flights under special visual flight rules (SVFR) are not authorized.

19. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA published aeronautical chart unless a letter of agreement with that airp ort’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.

20. 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.

21. If the UA loses communications or loses its GPS s ignal, it must return to a pre

- determin ed location within the planned operating area and land or be recovered in accordance with the operating documents.

22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

23. 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 UAS with 25% battery power remaining.26 24. The operator must ob tain 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 Notice 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 potential transpon der requirements.

25. All aircraft operated in accordance with the exemption must be identifi e d by serial

numbe r, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as l arge as practicable.

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

27. The docu ments 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 Administrator or any law enforcement official upon reques t.

28. The UAS must remain clear and yield the right of way to all manned aviation operations and

activities at all times.

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

30. 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:27 a. Barriers or structures are present that sufficiently protect nonparticipating persons from the

UAS and/or debri s in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease

i mmediately 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 persons per § 91.119(a).

31 . 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 be obtained for each flight to be conducted.

32 . Any incident, acci dent, 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

Nationa l Transportation Safety Board (NTSB) per instructions contained on the NTSB Web

site: www.ntsb.gov

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

Tob y Ray Brusseau submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate28 the DJI Inspire 1 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 the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Tob y Ray Br usseau’s proposed area of operations, and the operating

limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills nec essary to safely operate the DJI Inspire 1 UAS, Tob y Ray Brusseau submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Tob y Ray Brusseau 's specific

propose d flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) 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, 11158, 11159, 11160, 11161).

Tob y Ray Brusseau will not allow any PIC to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements of the DJI Inspire 1 UAS training 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 and maintaining appropriate distances from people, vessels, vehicl es 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 529 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 purpos e s). As in Exemption Nos. 11062, 11138, and 11153, prior do cumented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Tob y Ray Brusseau’s proposed operations. The Administrator has held that prior documented flight experience that was obt ained in compliance with applicable regulations would ensure safe operations, stating as foll o ws: 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 a s 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. 11062, 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 inclusive rather than a dditive; 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

takeoffs and landin gs 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 petitioner’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,30 and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is requir ed to operate the UA with appropriate distances in accordance with 14

C.F.R 91.119. Exemptio n No. 11138 at page 15. Accordingly, Tob y Ray Brusseau 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 the DJI I nspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Wou ld Not Adversely Affect Safety. The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Tob y Ray Brusseau will ensure that the DJI Inspire 1 UAS is in an airworthy condition based upo n the UAS’s comp liance with 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 her ein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely A ffect Safety.31 The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Insp i re 1 UAS's will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information,

combined with Tob y Ray Brusseau’s operati on of the DJI Inspire 1 UA's within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed on board the aircraft. Prior to each fligh t, a zero altitude initiation point is automatically established b y the UAS's at

gr ound level. The FAA has previou sly granted relief from Section 91.121 specific to UAS , in circumstances similar, in all material respects, to those presented herein (e.g. E xemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11 1 38, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 5. 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 Insp i re 1 UAS's; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Tob y Ray Brusseau will ensure that he will safely operate the battery powered DJI Inspire 1 UA's during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 10 minutes to the first point of intended landing and, assuming normal cruis ing speed, to fly after that for at least 2.5 minutes.32 Here, as in Exemption No. 11109, the technic al specifications of the DJI Insp i re 1 UAS's the limitations on the proposed flight operation s an d the the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety w ill be ensured as DJI Insp i re 1 UAS's provide audible and visual warnings to the PIC at the GCS when the UA's experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Insp i re 1 UAS's wil l descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned ai rcr aft to operate at less than the minimums prescribed in Section 91.151, including Exemption 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). 6. 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, Tob y Ray Brusseau submits that the equivalent level of safety with regard to the regulatory maintenance and altera tion requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met33 because Tob y Ray Brusseau will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS's usi ng the methods, techniques, and practices prescribed in the operating documents i.e., the Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual. Furthermore, Tob y Ray Brusseau will document

and maintain all maintenance records fo r the DJI Insp i re 1 UAS's.

Since the DJI Insp i re 1 UAS's will be inspected as prescribed by the operating documents,

Tob y Ray Brusseau will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy o f the DJI Inspire 1 User Manuals ar e

at tached hereto as Exhibit B ; 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 Tob y Ray

Brusseau 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 maintain an equivalent level of safety Established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Insp i re 1 UAS's will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significan tly, previous exemptions 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 the UAS are

considered.34 In consideration of Tob y Ray Brusseau’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Insp i re 1 UAS's, Toby Ray Brusseau submits that safety will not be adversely affected by granting exemption f rom 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. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernizati on and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Tob y Ray Brusseau requests that the FAA prescribe special conditions for the intended operation of DJI Insp i re 1 UAS's , which contain such safety standards 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 §§ 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). Such special conditions will permit safe operation of the UA's 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 whether 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 certific ation in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.35 Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. §21.16, for operation of the DJI Insp i re 1 UAS's, 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, it may presc ribe 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 esta blish a level of safety equivalent to that established 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 Tob y Ray Brusseau’s intended operation of the DJI Insp i re 1 UAS's, which contain such safety standards 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, 91.1 51(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).36 F. A Summary That Can Be Published In The Federal Register stating: The Rules From

Which Tob y Ray Brusseau Seeks Exemption:

Tob y Ray Brusseau seeks exemption from the requirements of 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). A Brief Description Of The Nature Of The Exemption Tob y Ray Brusseau Seeks: This exemption will permit Tob y Ray Brusseau to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. G. Any Additional Information, Views, Or Arguments A vailable To Support Tob y Ray

Brusseau’s 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, Tob y Ray Brusseau request for exemption may 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 othe r wise pose a threat to national security and further, provides the authority for such UAS to operate without airworthiness

certification. As discussed in detail above, Tob y Ray Brusseau will operate the DJI Insp i re 1 UAS' s safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.37 CONCLUSION As set forth herein, Tob y Ray Brusseau seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Insp i re 1 UAS's commercially, without an airworthiness

certi ficate, for the limited purpose of conducting aerial video and photography over certain

areas of the Uni ted States. By granting this Petition, the FAA Administrator 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 Tob y Ray Brusseau to safely, efficiently, and economically operate the DJI Insp i re 1 UAS's commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Tob y Ray Brusseau respectfully

reques ts that the Administrator grant this Petition for an exemption from the requirements of 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), and permit Tob y Ray Brusseau to oper ate the DJI Insp i re 1 UAS's commercially for the purpose of conducting aerial video and photography

over certain areas of the United States.

Dated: May 6 , 2015 Respectfully submitted,

Tob y Ray Brusseau38 APPENDICES:

A

- DJI Inspire 1 Specifications

B

– DJI Inspire 1

– User Manual

C

– DJI Inspire 1

- Monthly Maint en ance Log

APPENDIX

–A DJI Inspire 1 TECHNICAL SPECIFICATIONS

Tob y Ray Brusseau only utilizes safe and reliable UAS's . DJI is an industry leader in small UAS production. DJI UAS's are loaded 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 predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor, Inspire 1 Radio Control Transmitter



### Aircraft

Mo del T600 Weight (Battery Included) 2935 g Hovering Accu r acy ( Gps Mode) Vertical: 0.5 m Horizontal: 2.5 m Max Angular Velocity Pitch: 300°/ s Ya w: 150°/s Max Tilt Angle 35° Max Ascent Speed 5 m/s Max Descent Speed 4 m/s Max Speed 2 2 m/s (ATTI mode, no wind) Max Flight Altitude 4500 m Max Wind Speed Resistance 10 m/s39 

### Max Flight Time Approximately 18 minutes Motor Model DJI 3510 Propeller Model DJI 1345 Indoor Hovering Enabled by default Operating Temperature Range

- 10° to 40° C Diagonal Distance 559 to 581 mm Dimensions 438x451x30 1 mm

Gimbal

Model ZENMUSE X3 Output Power (With Camera) Static: 9 W In Motion: 11 W Operating Current Station : 750 mA Motion: 900 mA Angular Vibration Range ±0.03° Mo unting Detach able Controllable Range Pitch:

- 90° to +30° Pan: ±320° Mechanical Range Pitch:

- 125° to +45° Pan: ±330° Max Controllable Speed Pitch: 120°/s Pan: 180°/s Camera Name X3 Model FC350 Total Pixels 12.76M Effective Pixels 12.4M Image Max Size 4000 x 3000 Iso Range 100

- 3200 (video) 100

- 1600 (photo) Electronic Shutter Speed 8s / 1/ 8 000s Fov (Field Of View) 94° Cmos Sony EXMOR 1/2.3”40 

### Lens 20mm (35mm f o rmat equivalent)f/2.8 focus at ∞ 9 Elements in 9 groups Anti

- distortion Still Photography Modes Single shoot Burst shooting: 3/5/7 frame s Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias 

### Time

- lapse Video Recording Modes UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30FHD: 1920x1080p24/ 25/30/48/50/60 HD: 1280x720p24/25/30/48/50/6 0 

### Max Bitrate Of Video Storage 60 Mbps Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4/MOV (MPEG

- 4 AVC/H.264) Supp o rted Sd Card Types Micro SD Max capacity: 64 GB. Clas s 10 or UHS

- 1 rating req uired Operating Temperature Range 0° to 40° C Controller

Name C1 Operating Frequency 922.7~927.7 MHz (Japan Only) 5.725~5.825 GHz 2.400~2.483 GHz Transmitting Distance (Outdoor And Unobstructed) 2 km Eirp 10dBm@900m, 13dBm@5.8G, 20dBm@2.4G Video Output Port USB, mini

- HDMI Power Supply Built

- in battery Charging DJI charger Dual User Capability Host

- and

- Slave connection41 

### Mobile Device Holder Tablet or Phone Max Mobile Device Width 170mm Output Power 9 W Operating Temperature Range

- 10° to 40° C Storage Temperature Range Less than 3 months:

- 20° to 45° C More than 3 months: 22° to 28° C Charging Temperature Range 0

- 40° C Battery 6000 mAh LiPo 2S

APPENDIX

– B DJI Inspire 1

– Manufacturer's User Manual http://www.dji.com/product/inspire

- 1/download

APPENDIX

– C

Tob y Ray Brusseau Monthly Maint en ance and Repair Log

Aircraft: Hours: Date: Date Issue Discovered Date Issue Resolved Issue De s cription/Maint en ance Conducted Repair/Maint en ance Performed By Airframe Motors Propellers Flight Control Update Gimbal Misc