Mr. Enda Cusack 33 Four Brooks Circle,

Stamford, CT 06903 Tel: 914.217.3450 Email: endacusack@me.com

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE. , VIA FEDERAL EXPRESS Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

. Document ID: FAA

- 2007

- 0001

- 0001

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Ref orm Act”) and 14 C.F.R. Part 11, Enda Cusack seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the following described Unmanned Aerial System called in this application the DJI Inspire 1, which includes an Unmanned Aircraft ( UA) and ground station

- based equipment and crew:

THE UNMANNED AIRCRAFT (UA):

DJI Inspire 1: See enclosed DJI Inspire 1 Manual. The inherent safety features, sophistication, programmability, GPS navigation, return home capability, airport vicinity no

- fly f eature and restricted altitude feature, as well as differentiating radio frequency (rf) for aircraft controller/receiver and for the camera make this a much safer UAV for the purposes of this petition. This is a hobby grade radio controlled UAV that has th e capacity for software upgrades. It is light, less than 7 pounds including battery and camera. Incorporated into the programming of the Inspire1 is an automatic return home feature that automatically directs the craft back to point of take off should comm unication with the transmitter be lost. The Inspire1 has a maximum speed of 49 miles/hour. Maximum flight time is 18 minutes. Gross weight is 6.5 pounds.

The Inspire1 has an additional communication link between the camera and craft on a different rf for a smart phone connection. Allowing the operator or Pilot In Command (PIC) to monitor battery level, altitude (AGL), distance from PIC, camera imagery, and control camera angle.

The software for the Inspire1 allows the operator or PIC to set maximum altit ude AGL for each flight, allowing customization of flights to no higher than 150 feet can be programmed into the UAV's software pre

- flight to insure compliance with FAA standards. Adding to the safety capabilities of this UAV. This UAV is programmed to

rem ain in position when controls are released. Maintaining altitude and GPS location.

The Inspire1 has an altitude and radar monitoring function that allows the operator more precise determination of height, direction of flight and distance from the operato r PIC. The operator or PIC can monitor GPS lock status while UAV is in flight, with the ability to anticipate loss of GPS locking so the operator or PIC can land the UAV as a precaution. The inspire1 is also equipped with a new safe dynamic return tohome function and automatic safe landing and taking off modes. The intelligent battery also calculates how much power is needed to safely return home.

The requested exemption would support an application for a commercial Certificate of Authorization to use the above described CAV System to support aerial photography and video primarily of real property, specifically individual properties of at least two acres in size (equivalent to a square 295 feet/side).

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 15 minutes, this is offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground

- based imagery for displaying the characteris tics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 2

- seat full

- sized helicopters for this purpose, which has proven more costly than many potential clients have been able to afford. The benef its of reduced cost and improved quality of presentation from the UA will be valuable to and benefit many buyers and sellers of real property.

Additionally, we request that we be allowed to use our system to benefit first responders nearby who might requir e assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as we do so.

The Inspire 1 will be operated in the field with both a PIC and a Visual Observer in accordance with F AA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions:

(a) No flight will be made with a UA Gross weight exceeding 55 pounds; (b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an a irspeed of no more than 25 knots and no further than 3/4 NM from the PIC; (c) (All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation; (d) Operations will be restricted to fli ghts over private property with the permission of the property owner; (e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA type; (f) All required permits will be obtained from state and local government prior to operation; (g) The Inspire1 will not be operated over densely populated areas; (h) The Inspire1 will not be operated at air shows; (i) The Inspire1 will not be operated over any open

- air assembly of people; (j) The Inspire1 will not be operated over heavily trafficked roads; (k) The Inspire1 will not be operated within 5 NM of an airport or heliport; (l) Inspire1 will not be operated over properties smaller than two acres in size; (m) Operations will be restricted to day only and weather conditions equivalent to VFR; (n) The PIC will brief the VO and property owner about the operation and risk before the first flight at each new location;(o) No flight may be ma de without a Pre

- Flight Inspection by the PIC before each operation to ascertain that the UA is in a condition safe for flight (see Appendix A).

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications . Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part of their initial training.

We submit that the combination of the UA's light weight, flight performance and ability, fully qu alified flight crew and strict operation under the guidelines established in 8900.227, and under all of the Restrictions (a) through (o) listed above, the FAA can have full confidence that the operation will have an equivalent or greater level of safety th an manned aircraft performing the same mission.

The name and contact information of the applicant are:

Mr. Enda Cusack

33 Four Brooks Circle,

Stamford, CT 06903

Tel: 914.217.3450

Email: endacusack@me.com

The regulatio ns from which the exemption is requested are listed below. Beside each regulation number is the page of the attached Addendum upon which each may be found together with our proposed equivalent level of safety for each regulation:

- 14 CFR Part 21............................... ..Addendum Page 1

- 14 CFR 91.203.................................Addendum Page 1

- 14 CFR 45.23, 45.29..........................Addendum Page 2

- 14 CFR 91.9....................................Addendum Page 2

- 14 CFR 61.113, 61.133.......................Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121..............Addendum Page 3

- 14 CFR 91.1 51.................................Addendum Page 4

- 14 CFR Subpart E (91.401

- 91.417) ......Addendum Page 4

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) ...Addendum Page 4

I am prepared to modify or amend any part of this request to satisfy the need for an equivale nt level of safety. Please contact us at any time if you require additional information or clarification. Many thanks for your time.

Sincerely,

Mr. Enda Cusack

### Addendum Page 1 of 4 

### ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

(QGD C XVDFN requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the ,QVSLUH

14 CF R Part 21, Subpart H: Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the

F AA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the ,QVSLUH under either or both of the following provisions: 21.191 Ex perimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment,

ne w aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show

c ompliance with the airworthiness regulations including flights to show compliance for issuance

of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.

S ince the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA ’ s light weight, being constructed primarily of

c arbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a

c onventionally certificated aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew."

At a maximum gross weight of  pounds, the UA is too small to carry documentation, does not

ha ve an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for

thi s aircraft by the FAA will be co-located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the

infor mation found on airworthiness and registration certificates be permanently affixed to the

a ircraft via placard containing the following information plus t he word “EXPERIMENTAL” to

### Addendum Page 2 of 4



### satisfy the requirement of 14 CFR 45.23, which follows immediately after the proposed placard description below:

EXPERIMENTAL Manufacturer: DJI Innovations, Inc.

Model: 7 0, Serial Number: :'&%

If found please contact: (  ) 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The UA does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA.

We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground

Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved UA Flight Manual (Appendix A) must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command 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.

### Addendum Page 3 of 4



### Our proposed operations require that the PIC must either

1. Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours of flight experience in this type of UA, or

2. Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination." Since there are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

The ,QVSLUH ground-based control station consists of a small hand-held radio transmitter

and D second set of "controls", both the student and instructor can, and  will, operate the single set of controls simultaneously. With both student and instructor having "hands-on" the controls during

flight, we feel that this technique meets the intent 91.109 an GSURYLGHVDQHTXLYDOHQWOHYHORIVDIHW\

7KHGXDOFRQWUROVDOORZDSLORWWRIO\DQGD92WRFRQWUROWKHFDPHUDIXQFWLRQV 14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a

maximum of  0 feet AGL, we cannot comply with this requirement.

In order to provide an equivalent level of safety we will only fly over private property with a size

of at least two acres with the permission of the owner of the property flown over. The aircraft will not be operated over congested areas or over any open air assembly of persons. The property

owner will be briefed on the expected route of flight and the associated risks to perso ns and property on the ground. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

Therefore we maintain that due to the small size of the UA , the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

14 CFR 91.121 Altimeter settings. The regulation requir es that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft.

The UA will always fly below  00 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UA on -board computer to the display screen held by the PIC, providing a constant ly updated AGL readout.14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day

VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 mi n utes

. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The UA is battery operated and the maximum duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraf t will never fly more than 3/4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpreta tion with the word "en e rgy"

.

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspe c tion

. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." As provided in the Pre

- Flight Checklist in Appendix A, the PIC will ensure that the aircraft is in an

a irworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updatin g software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of

s a fety

. 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical.

This policy provides that both the PIC and VO must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or observer.

The UA maximum gross weight is 6.5 pounds, it is constructed of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated whil e the aircraft is in flight, the UA will return autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraf t is an unnecessary b u rden

. We propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 (with the use of prescription glasses) and a valid, state issued driver's license. The 20/20 vision requirement will ensure tha t the PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to operate a much larger ve h icle

.

Addendum Page 4 of 4