UNITED STATES OF AMERICA DEPARTMENT 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 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) CONCERNING COMMERCIAL 

OPERATION OF CARBON CORE QUADCOPTER/DJI INSPIRE 1 

UNMANNEDAIRCRAFT 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 605-484-8500
2

TABLE OF CONTENTS 

 Page 

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

SUMMARY............................................................................................................................4 

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

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

BASIS FOR 

PETITION..............................................................................................................................5

NAME AND ADDRESS OF PETITIONER.........................................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Toby Ray Brusseau SEEKS 

EXEMPTION.........................................................................................................................8 

THE EXTENT OF RELIEF Toby Ray Brusseau SEEKS AND THE REASON Toby Ray 

Brusseau SEEKS THE RELIEF...........................................................................................12

THE REASONS WHY GRANTING Toby 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..................36

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT Toby Ray Brusseau’s REQUEST......................................................................36

CONCLUSION....................................................................................................................37

APPENDICES.....................................................................................................................38
3

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 Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization 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 Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
4

SUMMARY

Toby 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

Toby Ray Brusseau provides his clients with expertise and knowledge in advanced 

photography and video solutions to increase efficiency, productivity and effectiveness. Toby

Ray Brusseau has over 10 years of experience in Photographic and Video Technology 4 years 

recreational and hobby experience in all aspects of aerial video and photography. The 

objective of Toby 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 operations 
5

BACKGROUND

Unmanned Aircraft Systems: DJI Inspire 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 Control 

Station (GCS) Utilizing a 5.3Mhz 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 maximum speed of

Approximately 43 knots. Inspire 1 is equipped with 4 main rotors; utilizing Lithium Polymer 

batteries to power the electric motors. 

The Inspire 1 that will be operated by Toby 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, Toby 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), Section 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, Toby 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, Toby 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. 

Toby Ray Brusseau submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Toby Ray Brusseau will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS's using the methods, 

techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance 

Log, and DJI Inspire 1 Instruction Manual). Furthermore, Toby 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 Toby 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 demonstrated, by meeting minimum 

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

a manner consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. 

Toby 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, Toby Ray Brusseau submits that he 
7

will ensure that the DJI Inspire 1 is in an airworthy condition, prior to every flight, by 

determining that the UAS's are in compliance with 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.

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

entitled Altimeter Settings, as the DJI Inspire 1will 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 communications telemetry data link, 

which downlinks from the UAS to the GCS for active monitoring of the flight path. This 

altitude information, combined with Toby 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, Toby Ray Brusseau seeks an exemption from the requirements

of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Toby Ray 

Brusseau submits that safety will not be affected by operation of the DJI Inspire 1 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 10 minutes for the 

intended photo shoot and, assuming normal cruising speed, to fly after that for at least 2.5 

minutes for recovery and landing. 

In accordance with 14 C.F.R. § 11.81, Toby 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: 

Toby 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 Toby Ray Brusseau seeks Exemption 

1. Toby Ray Brusseau Seeks Exemption From The Requirements 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 

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 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. 

2. Toby Ray Brusseau Seeks Exemption From The Requirements Of Section 91.7(a)

Section 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. Toby 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, 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. 

4. Toby 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 VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. 

5. Toby 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 inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter[.] 

6. Toby Ray Brusseau Seeks Exemption From The Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 
10

rebuilding, or alteration, subsection (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 approved for return to service by a person authorized under § 43.7 of this 

chapter. 

7. Toby 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 months, 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 accordance with part 21 of 

this chapter. 

8. Toby 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 performed 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 records of the 

100-hour, annual, progressive, and other required or approved inspections, as appropriate, for 
11

each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an 

aircraft. The records must include--

(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 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, propeller, rotor, and 

appliance. 

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

overhauled 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 when 

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, 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 Toby Ray Brusseau Seeks And The Reason Toby Ray Brusseau

Seeks The Relief. 

1. Extent Of Relief Toby Ray Brusseau Seeks And The Reason Toby Ray Brusseau Seeks 

Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: 

Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot 

or higher level certificate, as well as a current and 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, Toby 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-hour and And current requirements, demonstrating that the PIC 
13

is able to safely operate 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, Toby Ray Brusseau submits that all flights of the DJI Inspire 1 conducted by the PIC 

pursuant to the grant of this Petition: (1) will be incidental to Toby Ray Brusseau’s business; 

and (2) will not carry passengers or property for compensation or hire. 

2.Extent Of Relief Toby Ray Brusseau Seeks And The Reason Toby 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 Toby Ray Brusseau to determine that the DJI Inspire 1 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 manuals. 

Toby Ray Brusseau seeks the requested relief because the DJI Inspire 1 does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Toby

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 Toby Ray Brusseau Seeks And The Reason Toby Ray Brusseau Seeks 

Relief From Section 91.121.

 Relief from Section 91.121, entitled Altimeter settings, may be required to allow 

flight operations of the DJI Inspire 1 UAS's, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information 
14

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 (ATC) in 

feet above ground level (AGL), Toby 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 maintained 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 Toby Ray Brusseau Seeks And The Reason Toby 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 to 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, 

assuming normal cruising speed, to fly after that for at least 2.5 minutes. Toby 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 Toby 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 Toby Ray Brusseau’s proposed operating limitations, ensure that 

Toby 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 to 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 Toby Ray Brusseau Seeks And The Reason Toby 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, Toby Ray Brusseau requests

relief from these Sections because the DJI Inspire 1 does not require airworthiness certificates. 

As set forth more fully below, the DJI Inspire 1 meets the conditions of FMRA Section 333 

for operation without an airworthiness certificate. Accordingly, Toby Ray Brusseau will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the 

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

documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 

Instruction Manual). Furthermore, Toby Ray Brusseau will document

and maintain all maintenance records for DJI Inspire 1.

D. The Reasons Why Granting Toby 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 Toby 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 pollution, 

and provide significant benefits to the economy. Notably, the benefits of Toby 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 The NAS. 

The DJI Inspire 1 is battery powered and serves 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 acquisitions, an exemption allowing 

the use of the DJI Inspire 1 would reduce the amount of manned 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 arriving and departing aircraft will be reduced. The DJI 

Inspire 1 does 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 Efficiency Of The DJI Inspire 1. 

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

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 produces no air pollution, and is the most 

viable environmentally conscious alternative to the cabin class, six cylinder internal 
17

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, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as 

the UA's are propelled 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 traditional manned 

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from 

the lack of flight crew members located onboard the aircraft, the DJI Inspire 1 (weighing 

approximately 6 pounds 5 ounces and, at their maximum gross 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 Toby Ray Brusseau’s to 

remain competitive and contribute to growth of the U.S. economy. 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 competitive. Operating the battery powered 

DJI Inspire 1 is one such technology that not only allows companies greater operational 
18

flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. 

By operating the DJI Inspire 1, companies such as Toby Ray Brusseau’s 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. economy. Improved 

financial performance of U.S. companies, through commercial use of the DJI Inspire 1, 

provides a stable workforce that increases consumer spending, improves 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 have been conducted for 

decades, Toby Ray Brusseau’s proposed 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 documents documents (i.e. Aerial Operations Manual, Monthly Maintenance Log, 

and the DJI Inspire 1 Instruction Manual's) 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. 

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 Toby Ray Brusseau Seeks Exemption. 

1. Reasons Why The DJI Inspire 1 Meet’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, Toby Ray Brusseau’s operation of the DJI 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. Specifically, 

FMRA Section 333 states the following, in part: 

(a) In General--Notwithstanding any other requirement 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 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). 
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 system. 

In seeking this exemption, Toby 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 Demonstrates Its Safe Characteristics. 

The DJI Inspire 1 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

The technical specifications of the DJI Inspire 1 are set forth by the DJI Inspire 1 

Specifications and Data Sheet, attached hereto as Exhibit A. 

ii. The DJI Inspire 1 Autonomous Flight And Navigation Modes Enable 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, attached hereto as Exhibit A. 

Iii. The DJI Inspire 1 Are Designed For 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 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 are set forth at 

pages 10 through 17 of the DJI Inspire 1 User Manuals, 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 provided at pages 12 through 43 of the DJI Inspire 1 User Manual. The DJI 

Inspire 1 User Manuals are attached hereto as Exhibit A. 

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

Certificated Pilot in Command With A Safety Observer. 

Toby 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, Toby Ray Brusseau proposes to commercially operate DJI 

Inspire 1 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 following aircraft 

described in the operating documents, rotorcraft UAS's weighing less than 55 pounds 
22

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 level 

(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 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 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. Electronic messaging 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 exists 
23

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 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 FAA’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 

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. 
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 aircraft/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. 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 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 manner 

consistent with 14 C.F.R. §61.51(b). Flights for the purposes of training the operator’s 

PIC's are permitted under the terms of the exemption. However, training operations may 
25

only be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from 

nonparticipants in accordance with 14 C.F.R. § 91.119. 

18. UAS operations may 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 operations. 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 

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. 

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 signal, it must return to a pre-determined 

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 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 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 transponder requirements. 

25.All aircraft operated in accordance with the exemption must be identified by serial 

number, 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 large 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 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 Administrator or any law enforcement official upon request.

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 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 and 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 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, 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. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety. 

Toby 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 operate
28

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 Toby Ray Brusseau’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 necessary to safely operate the DJI Inspire 1 UAS, Toby Ray Brusseau 

submits that the additional manned airmanship experience of a commercially certificated pilot 

would not correlate to the airmanship skills necessary for Toby Ray Brusseau 's specific 

proposed 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). 

Toby 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, 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 
29

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 Toby Ray Brusseau’s proposed operations. The Administrator has held that prior 

documented flight experience 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. 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 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 

takeoffs 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 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 required to operate the UA with appropriate distances in accordance with 14 

C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Toby 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 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. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained 

because prior to every flight, Toby Ray Brusseau will ensure that the DJI Inspire 1 UAS is in 

an airworthy condition based upon the UAS’s compliance 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 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). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety. 
31

The equivalent level of safety established by Section 91.121 will be maintained 

because the altitude information of the DJI Inspire 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 Toby Ray Brusseau’s operation 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 flight, a zero altitude initiation point is automatically established by the UAS's at 

ground level.

The FAA has previously 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). 

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 Inspire 1 

UAS's; (2) the limitations on the proposed flight operations; and (3) the location of the 

proposed flight operations. Accordingly, Toby 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 cruising speed, to fly after that for at least 2.5 minutes. 
32

Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire 1 UAS's the 

limitations on the proposed flight operations and 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 will be ensured as DJI Inspire 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 

Inspire 1 UAS's will 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 aircraft 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, Toby Ray Brusseau submits that the equivalent level of 

safety with 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 
33

because Toby Ray Brusseau will use trained technicians to perform maintenance, alterations, 

or preventive maintenance on the UAS's using 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, Toby Ray Brusseau will document 

and maintain all maintenance records for the DJI Inspire 1 UAS's. 

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

Toby 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 of the DJI Inspire 1 User Manuals are 

attached 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 Toby 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 

Inspire 1 UAS's will be performed by trained technicians. Maintenance will be documented 

and maintained utilizing the monthly maintenance log. 

Significantly, 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 Toby Ray Brusseau’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Inspire 1 UAS's, Toby Ray Brusseau submits 

that safety will not be adversely affected by granting exemption 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. 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 Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Toby Ray Brusseau requests that 

the FAA prescribe special conditions for the intended operation of DJI Inspire 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 certification 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 Inspire 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 prescribe 

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 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 Toby Ray Brusseau’s intended operation of the DJI 

Inspire 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, 91.151(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 Toby Ray Brusseau Seeks Exemption: 

Toby 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 Toby Ray Brusseau Seeks: 

This exemption will permit Toby 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 Available To Support Toby 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, Toby 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 otherwise pose a threat to national 

security and further, provides the authority for such UAS to operate without airworthiness 

certification. 

As discussed in detail above, Toby Ray Brusseau will operate the DJI Inspire 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, Toby Ray Brusseau seeks an exemption pursuant to 14 C.F.R. § 

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which 

will permit safe operation of the DJI Inspire 1 UAS's 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 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 Toby Ray Brusseau to safely, efficiently,

and economically operate the DJI Inspire 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, Toby Ray Brusseau respectfully 

requests 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 Toby Ray Brusseau to operate the DJI 

Inspire 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, 

Toby Ray Brusseau 
38

APPENDICES: 

A - DJI Inspire 1 Specifications

B – DJI Inspire 1 – User Manual 

C – DJI Inspire 1 - Monthly Maintenance Log 

APPENDIX –A 

DJI Inspire 1 TECHNICAL SPECIFICATIONS 

Toby 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

Model T600

Weight (Battery Included) 2935 g

Hovering Accuracy (Gps Mode) Vertical: 0.5 m Horizontal: 2.5 m Max 

Angular Velocity Pitch: 300°/s Yaw: 150°/s

Max Tilt Angle 35°

Max Ascent Speed 5 m/s

Max Descent Speed 4 m/s

Max Speed 22 m/s (ATTI mode, no wind)

Max Flight Altitude 4500 m

Max Wind Speed Resistance 10 m/s
39

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 438x451x301 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°

Mounting Detachable

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 4000x3000

Iso Range 100-3200 (video) 100-1600 (photo)

Electronic Shutter Speed 8s/ 1/8000s

Fov (Field Of View) 94°

Cmos Sony EXMOR 1/2.3”
40

Lens 20mm (35mm format equivalent)f/2.8 focus at ∞

9 Elements in 9 groups

Anti-distortion

Still Photography Modes Single shoot

Burst shooting: 3/5/7 frames 

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: 1280x720p24/25/30/48/50/60

Max Bitrate Of Video Storage 60 Mbps

Supported File Formats FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG-4 AVC/H.264)

Supported Sd Card Types Micro SD

 Max capacity: 64 GB. Class 10 or UHS-1 rating required

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 connection
41

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

Toby Ray Brusseau Monthly Maintenance and Repair Log 

Aircraft: Hours: Date: 

Date Issue 

Discovered 

Date Issue 

Resolved 

Issue 

Description/Maintenance 

Conducted 

Repair/Maintenance 

Performed By 

Airframe 

Motors 

Propellers 

Flight 

Control 

Update 

Gimbal 

Misc