UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: VIBRANT MEDIA PRODUCTIONS, LLC Federal Employer ID #: 46

- 5663758 DUNS #: 010260378 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 COM MERCIAL

OPERATION OF a) b) 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 August 5th , 2015

VIBRANT MEDIA PRODUCTIONS, LLC

Alex Cascio 2039 Corbett Rd Orlando, FL 32826 321

- 328

- 7199 Alex @ VibrantMediaProductions.com

1TABLE OF CONTENTS

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

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

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

BACKGROUND............................. ...................................................................................5

BASIS FOR PETITION .....................................................................................................5

NAME AND ADDRESS OF PETITIONER ...................... .............................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH, VIBRANT MEDIA PRODUCTIONS, LLC SEEKS EXEMPTION .......................................................................................7

THE EXTENT OF RELIEF VIBRANT MEDIA PRODUCTIONS, LLC S EEKS AND THE REASON VIBRANT MEDIA PRODUCTIONS, LLC SEEKS THE RELIEF .............................................................10

THE REASONS WHY GRANTING VIBRANT MEDIA PRODUCTIONS, LLC ’S REQUEST WOULD BE IN THE PUBLIC INTEREST ...................................................................................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.................................................................................................. ..........16

CONCLUSION.................................................................................................................32

2GLOSSARY 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 ) 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

3SUMMARY

VIBRANT MEDIA PRODUCTIONS, LLC 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 VIBRANT MEDIA PRODUCTIONS, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conduct ing aerial video and photography for real estate photography, wedding videography, special events, film sets and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER My name is Alex Cascio of VIBRANT MEDIA PRODUCTIONS, LLC , a Federally recognized Limited Liability Corporation , with Dun & Bradstreet # 010260378 . It is my mission to provide my

clients with expertise and knowledge in all aspects of picture, video & audio production, as well as provide them with advanced technologies & solutions that will increase efficiency, productivity and effectiveness. VIBRANT MEDIA PRODUCTIONS, LLC also provides clients with the highest quality digital content for use in their commercial, personal, and non

- profit multimedia projects. VIBRANT MEDIA PRODUCTIONS, LLC has over a decade of professional experience in

photography and videography and has become recognized as an expert in this field. VIBRANT MEDIA PRODUCTIONS, LLC has over a decade of recreational/hobby experience in all aspects of aerial video and photography. The objective of VIBRANT MEDIA PRODUCTIONS, LLC ’s aerial video and photography operations is to provide high quality imaging for a variety of commercial,

public, and residential uses, specifically targeting: • Real Estate Videography and Photography • Wedding Videography and Photography • Land survey & appraisals • Equipment Inspections • Roof Inspections • Construction sites before & after • Precision Agriculture • Creation of commercial messages for Television. • Search and Rescue Operations • Motion Picture Filming • Increase public knowledge of UAS and promote safe UAS operations.

4BACKGROUND Unmanned Aircraft Systems: DJI Inspire 1 UASs VIBRANT MEDIA PRODUCTIONS, LLC seeks an exempti on to operate DJI systems for compensation or

hire within the NAS. The DJI Inspire 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS)

utilizing electronic tablet or smart phone systems

. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed

of approximately 42 knots. The DJI Inspire 1 UAs is equipped with four main rotors; driven by Lithium Polymer batte ry powered electric motors. The DJI Inspire 1 UAs will be operated by VIBRANT MEDIA PRODUCTIONS, LLC . and 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, VIBRANT MEDIA PRODUCTIONS, LLC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Re form Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby

petitions the Administrator to commercially operate the DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the requirements o f 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). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation , VIBRANT MEDIA PRODUCTIONS, LLC operation of

DJI Inspire 1 UASs 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, VIBRANT MEDIA PRODUCTIONS, LLC 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. VIBRANT MEDIA PRODUCTIONS, LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. VIBRANT MEDIA PRODUCTIONS, LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e.,

Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, VIBRANT MEDIA PRODUCTIONS, LLC will document and maintain all maintenance records for the DJI Inspire 1 UASs.

5Relief from certain requirements of Section 61.113(a) and (b), entitled Private

pilot privileges and limitations: Pilot in command , is requested by VIBRANT MEDIA PRODUCTIONS, LLC to the extent necessary to allow a Pilot in Comma nd (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 currency requirements, that the PIC is able to safely

operate DJI Inspire 1 UASs in a mann er consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures. VIBRANT MEDIA PRODUCTIONS, LLC seeks relief from Section 91.7(a), entitled Civil aircraft

air worthiness, because the DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, VIBRANT MEDIA PRODUCTIONS, LLC submits that they will ensure that the DJI Inspire 1 UASs are in an airworthy c ondition, prior to every flight, by determining that the UASs 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.
VIBRANT MEDIA PRODUCTIONS, LLC also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings , as the DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude information of the

DJI Inspire 1UAs will be pro vided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with VIBRANT MEDIA PRODUCTIONS , LLC ’s operation of the

DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, VIBRANT MEDIA PRODUCTIONS, LLC seeks an exemption from the requirements of Sectio n 91.151(b), entitled Fuel requirements for flight in VFR conditions. VIBRANT MEDIA PRODUCTIONS ,

Inc. submits that safety will not be affected by operation of DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual f light rules (VFR), with enough battery power to fly for a total duration of approximately 19 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 13.5 minutes. In accordance with 14 C.F.R. § 11 .81, VIBRANT MEDIA PRODUCTIONS, LLC provides the following

information in support of its petition for exemption: A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is: Alex Cascio c/o VIBRANT MEDIA PRODUCTIO NS, LLC

2039 Corbett Rd Orlando, FL 32826 Tel: ( 321) 328

- 7199 Email: Alex@VibrantMediaProductions.com

6B. The Specific Sections Of 14 C.F.R. From Which VIBRANT MEDIA PRODUCTIONS, LLC Seeks Exemption.
1. VIBRANT MEDIA PRODUCTIONS, LLC Seeks Exemption From The Requirements Of Section Part 21, Subpart H 14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1)
2. VIBRANT MEDIA PRODUCTIONS, LLC 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 priv ate 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.
3. VIBRANT MEDIA P RODUCTIONS, LLC 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.
4. VIB RANT MEDIA PRODUCTIONS, LLC Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the airc raft; (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
7(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available

before departure.
5. VIBRANT MEDIA PRODUCTIONS, LLC Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions,

subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assum ing normal cruising speed, to

fly after that f or at least 20 minutes.
6. VIBRANT MEDIA PRODUCTIONS, LLC Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required , subsection (a), states the

following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]
7. VIBRANT MEDIA PRODUCTIONS, LLC Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, 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[.]
8. VIBRA NT MEDIA PRODUCTIONS, LLC 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.

89. VIBRANT MEDIA PRODUCTIONS, LLC 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 each aircraft (including the airframe) and each engine, prope ller, 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 certif icate 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 p arts 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 me thod 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: (1) The records specified in paragraph (a)(1) of this section sha ll 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 s old. (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.

9C. The Extent Of Relief VIBRANT MEDIA PRODUCTIONS, LLC Seeks And The Reason VIBRANT MEDIA PRODUCTIONS, LLC Seeks The Relief.
1. VIBRANT MEDIA PRODUCTIONS, LLC Seeks Exemption From The Requirements Of Section Part 21, Subpart H Given the size and limited operating area associated with the UAS to be utilized by VIBRANT MEDIA PRODUCTIONS, LLC , an exemption from Part 21 Subpart H meets the requirements of an

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and

proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional rotorcraft operatin g with an airworthiness certificate without the restrictions and conditions of the proposed UAS operations. 2. Extent Of Relief VIBRANT MEDIA PRODUCTIONS, LLC Seeks And The Reason VIBRANT MEDIA PRODUCTIONS, LLC 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 compen sation or hire. As set forth more fully below, VIBRANT MEDIA PRODUCTIONS, LLC submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and cu rrency requirements, demonstrating that the PIC is able to safely operat e either the DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaini ng appropriate distances from people, vessels, vehicles and structures.

10Further, VIBRANT MEDIA PRODUCTIONS, LLC submits that all flights of the DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to VIBRANT MEDIA PRODUCTIONS, LLC ' business; and (2) will not carry passengers or property for compensation or hire. 3. Extent Of Relief VIBRANT MEDIA PRODUCTIONS, LLC Seeks And The Reason VIBRANT MEDIA PRODUCTIONS, LLC Seeks Relief From Sectio n 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow VIBRANT MEDIA PRODUCTIONS, LLC to determine that the DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the VIBRANT MEDIA PRODUCTIONS, LLC Aerial

Operations Manual, Monthly Maintenance Log, DJI

Inspire 1 Instruction Manual). VIBRANT MEDIA PRODUCTIONS, LLC seeks the requested relief because DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, VIBRANT MEDIA PRODUCTIONS, LLC will ensure that the DJI Inspire 1 UASs are 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.
4. Ext ent Of Relief VIBRANT MEDIA PRODUCTIONS, LLC Seeks And The Reason VIBRANT MEDIA PRODUCTIONS, LLC Seeks Relief From Section 91.121. Relief from Section 91.12 1, entitled Altimeter settings , may be required to allow flight

operations of the DJI Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude informatio n concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), VIBRANT MEDIA PRODUCTIONS, LLC seeks the requested relief because the DJI Inspire 1 UA’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 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be e stablished prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.

115. Extent Of Relief VIBRANT MEDIA PRODUCTIONS, LLC Seeks And The Reason VIBRANT MEDIA PRODUCTIONS, LLC Seeks Relief Fro m 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 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at l east 4.5 minutes. VIBRANT MEDIA PRODUCTIONS, LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 DJI Inspire 1 UAs will severely constrain the practicality of an y aerial video or still photo flight operations that VIBRANT MEDIA PRODUCTIONS, LLC proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the

DJI Inspire 1 UASs, DJI Inspire 1 operating docume nts, and VIBRANT MEDIA PRODUCTIONS, LLC ’s proposed operating limitations, ensure that DRONE

NY, Inc. will safely operate the battery powered DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR ), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. 6. Extent Of Relief VIBRANT MEDIA PRODUCTIONS, LLC Seeks And T he Reason VIBRANT MEDIA PRODUCTIONS, LLC

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 airw orthiness certificate, VIBRANT MEDIA PRODUCTIONS, LLC requests relief from these Sections because DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, VIBRANT MEDIA PRODUCTIONS, LLC will use trained technicians to

perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in t he UAS operating documents (i.e., the VIBRANT MEDIA PRODUCTIONS, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 DJI Inspire 1 Instruction Manual). Furthermore, VIBRANT MEDIA PRODUCTIONS ,

Inc. will document and maintain all mainte nance records for the

DJI Inspire 1 UASs.

12D. The Reasons Why Granting VIBRANT MEDIA PRODUCTIONS, LLC Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing VIBRANT MEDIA PRODUCTIONS , Inc. to safely, efficiently, and economically perform aerial video and photography of, real estate, wedding films, special events, precision agriculture, land survey & appraisal, construction sites, equipment & roof inspections, film sets and landscape over certain areas of the United States. Additionally, use of DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of VIBRANT MEDIA PRODUCTIONS, LLC ’s proposed operation of the DJI Inspire 1 UASs will be realized without implicating any privacy issues. 1. The Public Will Benefit From Decreased Congestion Of The NAS. DJI Inspire 1 UAs are battery power ed and serve 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 a DJI I nspire 1 UAS 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 N AS, congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Inspire 1 UAs do not require an airport to takeoff or

land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled 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 UASs. Conducting aerial acquisitions with DJI Inspire 1 UAS ’s, 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 oper ations. By using battery power and electric motors, the DJI Phantom 2 DJI Inspire 1 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollutio n, as the UAs are propelled by battery powered

electric motors, rather than an internal combustion engine.
13By using DJI Inspire 1 UAS’s 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, DJI Inspire 1 UAs (weighing approximately 2 pounds 1 1 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral d amage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34

feet, and a fuel capacity of 180 gallons). 3. Performing Aerial Video and Photography Operations With The

DJI Inspire 1 UASs Will Benefit The Economy. In addition to being safe and efficient, DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to condu ct similar

aerial operations. As such, operation of DJI Inspire 1 UASs will allow United States based companies, like VIBRANT MEDIA PRODUCTIONS, LLC , 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 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating DJI Insp ire 1 UASs, companies such as VIBRANT MEDIA PRODUCTIONS, LLC , 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 financi al performance of U.S. companies, through

commercial use of DJI Inspire 1 UASs, 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 or der 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, VIBRANT MEDIA PRODUCTIONS, LLC ’s proposed operation of DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the VIBRANT MEDIA PRODUCTIONS, LLC Aerial Operations Manual, Monthly Maintenance

Log, and DJI Inspire 1 Instruction Manual) which requires
14property 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.

15E. 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 VIBRANT MEDIA PRODUCTIONS, LLC Seeks Exemption.

1. Reasons Why DJI Inspire 1 UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmann ed aircraft and its operation, VIBRANT MEDIA PRODUCTIONS, LLC ’s operation of the DJI Inspire 1 UAS ’s 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 unmann ed 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 m aking 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, a nd 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 certificat ion under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft

systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, VIBRANT MEDIA PRODUCTIONS, LLC subm its that DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.
16a. The Specifications Of DJI Inspire 1 UASs Demonstrate Its Safe Characteristics. DJI Inspire 1 UASs do 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 operatio nal capability. i. Technical Specifications Of DJI Inspire 1 UASs. The technical specifications of DJI Inspire 1 UASs are set forth by DJI Inspire 1 Specifications and Data Sheet,

attached hereto as Exhibit A and B. ii. DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area. DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of DJI Inspire 1 UASs are provided at pages 12

- 18 and 45

- 52 of the DJI Inspire 1 User Manuals, attached hereto as Exhibit B iii. DJI Inspire 1 UASs Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Li nk 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 for the DJI Inspire 1 at pages 13 through 15 of the DJI Inspire 1 User Manual, attached hereto as Exhibit B. iv. 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 24 through 34 of the DJI Inspire 1 User Manual. DJI Inspire 1 User Manuals are attached hereto

as Exhibits B

. b. Flight Operations Of DJI Inspire 1 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. VIBRANT MEDIA PRODUCTIONS, LLC will only utilize certificated pilots who possess a current and valid
17airman medical certificate to act as a pilot in command (PIC) of the DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time. c. Flig hts Of DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, VIBRANT MEDIA PRODUCTIONS, LLC proposes to commercially operate DJI

Phantom 2 DJI Inspire 1 UASs for the special purpose of conducting ae rial 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, r otorcraft UASs weighing less than 55

pounds maximum gross weight: DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the

purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL) , as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is n ot 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 messa ging 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 o perating 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 oper ating documents and the grant of exemption must be accessible during UAS
18operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petit ions 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 inspecti on 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 in cluded in the preflight inspection. All maintenance and alterations must

be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must

make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable co mponents, 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.
1 4. 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. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third

class medical cert ificate.

1918. 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 purpo ses of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essent ial 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.
19. 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. 20. 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 co nducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.
21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recover ed in

accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind a nd forecast weather conditions) there is enough power to fly at normal cruising speed to the intended

landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiv er 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. A ll operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identifi ed 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.
2027. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator mus t 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). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per ins tructions 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. VIBRANT MEDIA PRODUCTIONS, LLC submits that the equivalent level of safety establish ed by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate

DJI Inspire 1 UASs unless that PIC has demonstrated, by
21meeting 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 VIBRANT MEDIA PRODUCTIONS, LLC ’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 t he DJI Inspire 1 UAS, VIBRANT MEDIA PRODUCTIONS, LLC submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for VIBRANT MEDIA PRODUCTIONS, LLC ’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). VIBRANT MEDIA PRODUCTIONS, LLC will not allow any PIC to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour

requirements or t he 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 hours of those hours as a UAS pilot operatin g 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 VIBRANT MEDIA PRODUCTIONS, LLC ’ proposed operations. The Administrator has held that prior documented fl ight 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 simila r 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 Exem ption 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
22FAA considers these minimum hour requ irements 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, and experience

- building fligh ts 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, VIBRANT MEDIA PRODUCTIONS, LLC 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 Exemp tion 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, VIBRANT MEDIA PRODUCTIONS, LLC will ensure that the DJI Inspi re 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 circumst ances 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. The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of DJI Inspire 1 UAs 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 VIBRANT MEDIA PRODUCTIONS, LLC ’ operation of DJI Inspire 1 UA s within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft.
23Prior to each flight, a zero altitude initiation point is automatically established by the UASs 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 Phantom 2 DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the loc ation of the proposed flight operations. Accordingly, DRONE

NY, Inc. will ensure that it will safely operate the battery powered DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minu tes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 DJI Inspire 1 UASs; the limitations on the prop osed flight operations; and 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 the

DJI Inspire 1 UASs provide audible and visual warnings t o the PIC at the GCS when the UAs 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 Phantom

DJI I nspire 1 UASs 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, VIBRANT MEDIA PRODUCTIONS, LLC submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established
24by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be

met because VIBRANT MEDIA PROD UCTIONS, LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the VIBRANT MEDIA PRODUCTIONS, LLC Aerial

Operati ons Manual, Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, VIBRANT MEDIA PRODUCTIONS, LLC will document and

maintain all maintenance records for DJI Inspire 1 UASs. Since DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, VIBRANT MEDIA PRODUCTIONS, LLC 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 DJI Inspire 1 User Manuals are attached hereto as Exhibit C and D; a copy of DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversely affect safety because DRONE NY, Inc. will use trained technicians to perform maintenance, alterations or preventive mainten ance 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 mainten ance of the

DJI Inspire 1 UASs 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. In consideration of VIBRANT MEDIA PRODUCTIONS, LLC ’s proposed operating limitations, the

operating documents, and the technical aspects of DJI Inspire 1 UAS’s, VIBRANT MEDIA PRODUCTIONS, LLC 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, VIBRANT MEDIA PRODUCTIONS, LLC requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establ ish a level of safety equivalent to that established
25by 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 UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering 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. Likewise, the Administrator may prescribe special conditions pursuant to 14

C.F.R. § 21.16, for operation of DJI Inspire 1 UASs, 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 a ppropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special cond itions 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 Leading Edge ’s intended operation of the DJI Inspire 1 UASs, which contain such safety standards that the Administrato r 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).
F. A S ummary That Can Be Published In The Federal Register, stating: The Rules From Which VIBRANT MEDIA PRODUCTIONS, LLC Seeks Exemption: VIBRANT MEDIA PRODUCTIONS, LLC 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 VIBRANT MEDIA PRODUCTIONS, LLC Seeks: This exemption will permit VIBRANT MEDIA PRODUCTIONS, LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

26Any Additional Information, Views, Or Arguments Available To Support DRONE NY, Inc.’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, VIBRANT MEDIA PRODUCTIONS, LLC ’s 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, VIBRANT MEDIA PRODUCTIONS, LLC will operate DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

27APPENDIX
– A
DJI INSPIRE 1 TECHNICAL SPECIFICATIONS VIBRANT MEDIA PRODUCTIONS, LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs 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 loc ation information to the PIC via the linked monitor (smart phone/tablet devices) 2.2 DJI Inspire 1 2.2.1 Aircraft 2.2.1.1 Model

– Inspire 1 2.2.1.2 Weight (Battery Included)

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

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

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

- 350 2.2.1.6 Max Ascent Speed

– 5m/s 2.2.1.7 Max Descent Speed

– 4m/s 2.2.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED) 2.2.1.9 Max Flight Altitude

– 4500m 2.2.1.10 Max Wind Resistance

– 10m/s 2.2.1.11 Max Flight Time

– Approximately 18 minutes 2.2.1.12 Motor Model

– DJI 3510 2.2.1.13 Propeller Model

– DJI 1345 2.2.1.14 Operating Temperature Range
– 140F to 1040F (

- 100C to 400C) 2.2.1.15 Dimensions
– 17 1 ⁄4” x 17 3⁄4” x 12” 2.2.2 Gimbal 2.2.2.1 Model

– ZENMUSE X3 2.2.2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W 2.2.2.3 Operating Current
– Static: 750mA; In Motion: 900mA 2.2.2.4 Angular Vibration Range

- ±0.030 2.2.2.5 Mounting
– Detachable 2.2.2.6 Controllable Range

– Pitch:

- 900 to +300; Pan: ±3200 2.2.2.7 Mechanical Range

– Pitch:

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

– Pitch: 1200/s; Pan : 1800/s
2.2.3 Camera 2.2.3.1 Name
– X3 2.2.3.2 Model

– FC350 2.2.3.3 Total Pixels

– 12.76M 2.2.3.4 Effective Pixels

– 12.4M 2.2.3.5 Image Max Size
– 4000x3000 2.2.3.6 ISO Range
– 100

- 3200 2.2.3.7 Field of View

- 940 2.2.3.8 CMOS
– Sony EXMOR 1/2.3” 2.2.3.9 HD Video Recording

– UHD(4K): 294096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60;

HD: 1280x720p24/25/30/48/50/60 2.2.3.10 Operating Temperature Range

- 320F

- 1040F (00C

- 400C)
2.2.4 Transmitter 2.2.4.1 Name
– C1 2.2.4.2 Operating Frequency
– 5.728

- 5.850GHz; 2.400

- 2.483GHz 2.2.4.3 Communicating Distance (unobstructed)

– 2000m 2.2.4.4 Output Power
– 9W 2.2.4.5 Operating Temperature Range

- 140F to 1040F (

- 100C to 400C) 2.2.4.6 Battery
– 600mAh LiPo 2S

30APPENDIX

- B DJI Inspire 1 Manufacturer’s User Manual User manual can be found at: http://www.dji.com/product/inspire

- 1/download

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