Page **1** of **15**

24 December 2015 Docket Operations, M

-30 U.S. Department of Transportation West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590 **Subject: Section 333 Exemption Request for DJI sUAS Usage for Site Surveys /Training**  Insitu formally submits a request for a Section 333 exemption as defined in the Federal Aviation Modernization and Reform Act of 212, Public Law 112

-95. This request is for a DJI unmanned aircraft to be operated specifically for aerial s urveillance (data a cquisition) and training. All operations will be executed with safety as the most important factor as it relates to other manned aircraft or person s and property on the ground . Therefore, Insitu will utilize i ts thoroughly developed and continuously improving improved flight safety processes for all unmanned aircraft operations. Some of those features include: pre

-flight checks ; use of certificated personnel (both FAA and Insitu certified); inspections to assure that the aircraft and system are airworthy and safe for flight; use of a pilot

- in
command along with a visual observer; etc. Insitu has a well

- documented safety management system that includes a flight safety office that constantly assesses overall flight operations while each specific flight opera tion includes a risk assessment process prior to each flight. For any questions regarding this Section 333 exemption request, please contact: Joel	P.	Kosoris, CFI,	Integration	Team Phone: 509
- 774
- 8725 Email: joel.kosoris@insitu.com Insitu,	Incorporated 11 8	East	Columbia	River	Way Bingen,	WA	98605Page **2** of **15**

**Insitu, Inc. Insitu Section 333 Exemption Request per the**  **FAA Modernization and Reform Act of 2012: 1. This application is specific to using the DJI small Unmanned Aircraft System.**  **2. The purpose is to perform site surveys and training.** Page **3** of **15**



## Table	of **Contents** Acronyms
................................ ................................ ................................ ................................ ...................... 4 Executive Summary
................................ ................................ ................................ ................................ ....... 5 Introduction
................................ ................................ ................................ ................................ .................. 5 Background regarding Insitu
................................ ................................ ................................ ......................... 6 Regulatory Provisions from which Insitu seeks an Exemption
................................ ................................ ..... 6 The Extent of Requested Relief and the Reason Relief is Needed
................................ ............................ 7 Operational Considerations and Establishing an Equivalent Level of Safety
................................ .............. 12 Granting Exemption is in the Public Interest
................................ ................................ .............................. 14 Privacy
................................ ................................ ................................ ................................ ......................... 14 National Security
................................ ................................ ................................ ................................ ......... 14 Federal Registry Summary
................................ ................................ ................................ .......................... 15Page **4** of **15**



## Acronyms AGL Above Ground Level ATC Air Traffic Control ATO Air Traffic Organization C2 Command/Control (usually associated with radio link between the aircraft and GCS) CFR Code of Federal Regulations COA Certificate of Authorization DJI DJI is the supplier of the sUAS that Insitu will use : DJ I Inspire	1 multi
- rotor	equipped	air	vehicle FAA Federal Aviation Administration FAR Federal Aviation Regulation FCF Functional Check Flights ft feet GCS Ground Control Station lbs Pounds NAS National Airspace System PIC Pilot

- in
- Command Section 333 FAA Modernization and Reform Act of 2012 ( referred to as Modernization Act) Section 333 sUAS Small Unmanned Aircraft System UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line

- of

-Sight VMC Visual Meteorological Conditions VO Visual ObserverPage **5** of **15**



## Executive Summary Insitu will use a DJI small Unmanned Aircraft System (sUAS) to perform aerial s urveillance (data acquisition) and training. The DJI sUAS weighs less than 7 lbs . Operations will always occur at altitudes 500 ft Above Ground Level or lower, per Visual Line
-of

-sight, and with a set of considerations/ limitations to promote operational safety for other man ned aircraft as well as persons or property on the ground. Insitu has operated unmanned aircraft systems for more than 20 years, and Insitu will utilize its ex perience to assure that all operations are conducted with an appropriate level of safety. 

## Introduction Insitu respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (CFR) to permit the use of a DJI small Unmanned Aircraft System ( sUAS) to conduct aerial s urveillance (data acquisition) and training within the National Airspace System (NAS). The purpose of the aerial surveillance is to provide an improved process for performing site surveys prior to ScanEagle X200 UAS and Integrator X300 UAS operations. Site surveys are performed by Insitu trained personnel prior to any UAS operations to enhance safety for personnel, manned aircraft, and property on the ground. The primary motivation of this request is to enhance safety and increase accuracy for site evaluation operations and training. An exemption would allow use of a DJ I Inspire 1 multi

- rotor equipped air vehicle (hereafter referred to as the DJI sUAS) with a three

- axis gimbaled camera, all owing Insitu to obtain crucial environmental data points. The ability to utilize the environmental data gathered by the DJI sUAS would provide Insitu personnel with better situational awareness and the ability to develop a more holistic strategic plan for processes and operations, which will in turn enhance safety. The DJI sUAS along with the associated software would be used to create virtual environments that Insitu personnel can collect in the field, which can then be analyzed and evaluated at Insitu’s home offices to complement Insitu’s ongoing development of Facilities Criteria evaluation of operational sites: similar to the certification process of airports. Accordingly, the grant of an exemption is consistent with Congress’ intent, reflected in Secti on 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act), that unmanned aircraft systems used for commercial purposes be permitted in the National Airspace System (NAS) prior to the issuance of final regulations governing general use of t hese systems if the petitioner can show that these systems are safe, will not adversely affect aircraft operations in the NAS, will not pose a risk to bystanders, will operate in a manner that benefits the public, and will not pose any risk to National Sec urity. This petition demonstrates that Insitu’s operations for the DJI sUAS will meet the requirements and intent of the Modernization Act by requesting relief to select Federal Aviation Regulations (FARs) through exemption, establishing operational consi derations (in the form of operation limitations) that will establish at least an equivalent level of safety as the exempted FARs, and establishing that granting an exemption is in the best interest of the public.Page **6** of **15**

Insitu may fly the DJI sUAS within five (5) miles of an airport. However, those operations will be coordinated with the airport management, local air traffic control, and any other relevant authorities to assure a safe operation. Insitu has flown its ScanEagle X200 aircraft at national airports throughout the world while still retaining an appropriate level of safety through coordination with the airport management, local air traffic control, and relevant regulatory authorities. 

## Background regarding Insitu Since 1994 Insitu has established itself as a world leader in the Unmanned Aircraft Systems (UAS ) industry, especially in terms of operational capability, safety practices, and working with regulatory agencies such as the FAA to move the UA industry forward in a safe manner. Insitu has worked wi th the FAA on Pathfinder projects in the Arctic where Insitu operated the first Type Certified sUAS (ScanEagle X200 ) integrated in the NAS. Furthermore, Insitu recently conducted the first commercial Beyond Visual Line
- of

-Sight operations in the continental USA for BNSF railroad in Central, Eastern New Mexico, including extensive interaction with multiple FAA organizations. These efforts will continue for all operations under FAA granted exemptions from this petition will include this same diligen t practice of safety. Insitu has more than 860,000 flight h ours for its unmanned aircraft where no serious harm has occurred to any person during flight operations, whether an operational participant or a non

- participant. 

## Regulatory Provisions from whic **h Insitu seeks an Exemption** Insitu requests an exemption from the following provisions to conduct the aerial surveying (data acquisition), research and development, and training . In some instances, relief is needed because relief from another provision re nders compliance with the regulation at hand infeasible. 14 CFR Part 21 , subpart H 14 CFR 45.23(b) 14 CFR §61.113(a) (b) 14 CFR §61.133 (a) 14 CFR §91.7(a) 14 CFR §91.9(b) (2) 14 CFR §91.105 (a) (1) (2) 14 CFR §91.107 14 CFR §91.109 14 CFR §91.119 (b) (c ) (d)Page **7** of **15**

14 CFR §91.121 14 CFR §91.151 (a) (1) 14 CFR §91.203(a) (b) 14 CFR §91.405(a) 14 CFR §91.407(a) (1) 14 CFR §91.409(a) (1) (2) 14 CFR §91.417 (a) (b)


### The Extent of Requested Relief and the Reason Relief is Needed
**14 CFR 21, Subpart H Airworthiness Certificates**  Subpart H details the requirements for issuing airworthiness certificates, as defined in FAR 91.203(a)(1). The DJI sUAS aircraft inten ded for this exemption request do not fit within the requirements cited for Part 21, Subpart H: lack of a typ e certificate or features that would fit within the airworthiness certificate applicability, as defined in FAR 21.175 . However, per Part 11 and Section 333 of the Modernization Act, the size, weight, speed, and limited operating area associated with the DJ I sUAS, an exemption from Subpart H meets the requirements of an equivalent level of safety. The intended aircraft is less than 55 pounds, will always be operated by Insitu personnel within V isual L ine
-of

-Sight (VLOS), will include an aircraft identificati on/marking, will be operated in a manner so as to avoid flight over or near non - participants, and will be operated below 500 ft with both the PIC and visual observer constantly monitoring the airspace so as to avoid any encounters with manned or other unma nned aircraft in the vicinity. Furthermore, the aircraft will be operated per the manufacturers’ recommendations and service/safety bulletins. In addition, Insitu personnel will always perform a pre

flight assessment to assure that the unmanned aircraft system is airworthy and safe for flight.
**14 CFR 45.23(b): Marking of the sUAS aircraft** This regulation requires that specified experimental, provisionally certified aircraft, or light

-sport category aircraft be marked with letters between two (2) inches and six (6) inches high with appropriate titles, such as “limited”, “restricted,” “light

-sport,” “experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station. The DJI sUAS aircraft do not possess a cabin, cockpit or pilot station; therefore, an exemption may be needed since there is limited space for a word such as “experimental.” Given the size of the UAS, two (2) inch lettering may be infeasible. Insitu will mark the sUAS aircraft; however, the lettering may be less than the req uired two (2) inches.Page **8** of **15**

**14 CFR 61.113(a) (b): Private pilot privileges and limitations; Pilot in Command**  **14 CFR 61.133(a): Commercial Pilot Privileges and Limitations**  Insitu will use special ly trained staff to conduct UAS operations. These individuals will hold an FAA Sports Pilot Certification or greater. The DJI s UAS will not carry property for compensation or hire since the aircraft will be used solely to perform aerial s urveillance (data acquisition) and training
. However, the Insitu employees’ operation of the DJI sUASs will not be incidental to their employment with Insitu, and the Insitu employees will be compensated for such work. Without an exemption, the pilot/operator would be required to hold a Commercial Pi lot Certificate under §61.133. In addition, the risk associated with the planned DJI sUAS flight operations is substantially less than the risk posed by a traditional manned aircraft. Personnel will operate the DJI sUAS at or below 5 00 ft Above Ground Level (AGL) and 500 ft from any non

- participating individuals. (Non

- participating individuals are those persons who are not affiliated with the sUAS operation and are sometimes referred to as the “innocent bystander.”) Additionally, personnel will abide by al l operational considerations in the section of this petition titled Operational Considerations and Establishing an Equivalent Level of Safety and any additional operational stipulations the FAA appends to this exemption request . Accordingly any inherent r isk, such as the sUAS striking a person, would be limited to Insitu personnel who will be appropriately outfitted in safety gear and trained i n the operation of the sUASs, performing their role as either Pilot in Command (PIC) or Visual Observer (VO). Participating personnel will be fully aware of ongoing operations, safety procedures, and standard operating procedures. Requiring a commercial pilot certificate would provide no appreciable safety benefit and would impose additional cost on Insitu with no s afety benefit. Given that Insitu will use individuals who hold at least a sports pilot license, Insitu personnel will be well aware of the FAA rules and requirements for aircraft operations and will be security screened by the TSA. Through appropriate tra ining suited to the operation of the DJI sUAS, including preflight planning, checklist usage, Crew Resource Management (CRM), Single Pilot Resource Management (SRM), and considering the sUAS size, weight, and the restricted operating area, Insitu believes that an equivalent level of safety will be established and an exemption should be granted for these regulations.
**14 CFR §91.7 (a): Civil aircraft airworthiness.**  Since the DJI sUAS does not possess a Type Certificate (TC), it is impossible for an individual aircraft to conform to an approved Type Certificate
. In all instances, it appears that airworthiness includes a requirement that the airplane 1) conform to the aircraft’s type design or its type certificate (or, as modified by supplemental type certificates and any airworthiness directives), and 2) be in condition for safe operations. The types of operations contemplated by Insitu will not qualify the sUAS for an experimental airworthiness certificate. Accordingly, relief from §91.7(a) is requested through exemption. Insitu believes that it can meet the requirements of §91.7(b) and is not requesting an exemption from that provision insofar as this part applies to keeping the sUAS in a safe for flight condition. Insitu has demonstrated an industry leading capability for operating sUASs around the world in a safe manner using similar operating procedures as manned flight operations. These practices will be applied to Insitu’s use of the DJI sUAS and will include the use of manufacturer and/or Insitu producedPage **9** of **15**

checklists (whichever is more stringent) and procedures for pre

-flight, post

-flight, takeoff, approach, landing, emergency procedures, and maintenance checks/inspections . Furthermore, Insitu will follow all manufacturer maintenance and prevent ative maintenance procedures, and the DJI sUAS will not be returned to service until it has been deemed airworthy/safe for flight. To the extent that the manufacturer’s published maintenance procedures do not meet the standards of Insitu UAS operations, I nsitu will develop more stringent requirements.

**14 CFR §91.9 (b) (2):**  **Civil aircraft flight manual, marking, and placard requirements.** The DJI sUAS comes with access to online or paper manuals that provide instructions for the safe operation and maintenan ce of the aircraft. Compliance with this regulatory provision is not possible since the sUAS is too small to carry a printed manual. Since, by definition, there will never be a person aboard the sUAS, Insitu submits that there is no need to require the man ual to be placed on the sUAS and an exemption is requested. An equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the PIC will have immediate access to it. All operations of the DJI sUAS will occur with a Pilot

- in
- Command (PIC). The PIC will always have immediate access to the relevant DJI sUAS manuals. A paper copy of the manual will always be available to the PIC as well as an electronic.
**14 CFR §91.105 (a) (1) (2): Flight crewmembers at station**  **s 14 CFR §91.107:**  **Use of safety belts, shoulder harnesses, and child restraint systems** Due to their small size and the nature of unmanned aircraft, it is not possible to comply with this rule. Insitu requests relief through an exemption from the above re gulations, because crewmembers will be unable to enter and fly inside the aircraft. The same level of safety will be achieved by requiring the PIC to be at the Ground Control Stations (GCS) at all times with positive control of the aircraft while maintain ing Visual Line of Sight (VSOL) with the sUAS.
**14 CFR §91.109 (a): Flight instruction; simulated instrument flight and certain flight tests.**  Small Unmanned Aircraft ( s UA), by their design, do not have fully functional dual controls. Video and Flight control are accomplished through the use of a controller that communicates with the aircraft (command and control link, or C2) via selectable radio communications
. Insitu requests relief from the above regulation and will establish an equivalent level of safety by operating training events in the following manner. Instruction, proficiency, internal certification, and time building flights will be conducted as dedica ted training events. Any personnel not essential for flight operations will be considered nonparticipants and will be kept clear of flight operations in accordance with 14 CFR § 91.119 concerning appropriate distance from nonparticipants. The PIC and Tra inee will be located nextPage **10** of **15**

to each other and the GCS (within one arms distance) during these dedicated training sessions and a VO will be used at all times. When appropriate, Insitu personnel will train with the included flight simulator to further reduce risk and increase safety and proficiency before flight operations are conducted.
**14 CFR §91.119 (b) (c) (d): Minimum safe altitudes: General**  Insitu requests relief and exemption from §91.119 (a) (b) (c) (d). Relief from this part is required for multip le reasons. First, the requirement in this regulation would require Insitu to operate the DJI sUAS at a higher altitude that will make it impossible to accomplish the intended purpose of aerial surveying and training due to distance from the ground and ca mera resolution. Second, flying at higher altitudes required in this regulation would create safety concerns as it would put the sUAS in airspace with manned aircraft required to comply with §91.119 in the NAS. Since operations at this altitude also pos e a heightened risk of collision with another aircraft, equivalent safety can only be assured through the grant of an exemption. As noted in the explanation of why an exemption will not adversely affect safety, Insitu will obtain exclusive use/permissions of the land over which the sUAS will be operated, and public access will be restricted. We will control access to the operating area and have the ability to assure that nonparticipants maintain appropriate separation from the aircraft as required by 14 CFR § 91.119. Insitu personnel are required to wear safety equipment, including hard hats, safety glasses and steel

-toe boots whenever dispatched to a work site. As such, the risk of injury is mitigated. Granting this relief through exemption is in the best interest of the public, because the sUAS can accomplish the tasks without the use of a manned aircraft that use more resources, requires personnel onboard to fly, hold flammable fuel, and weighs significantly more than the DJI sUAS. These factors pose greater risk to the public for a manned aircraft flying at the limits of 14 CFR § 91.119 conducting the same mission since a catastrophic event of the aforementioned manned aircraft would more likely involve loss of life and more property damage than a catastrophic event of the DJI sUAS while abiding by the proposed part 119 rules, i.e. not overflying or coming within 500 ft of nonparticipant personnel, vessels, or buildings and maintaining an altitude at or below 500 ft AGL.

**14 CFR §91.121: Altimeter sett ings**  Section §91.121 requires aircraft operators to maintain cruising altitude or flight level by reference to an altimeter. As most sUAS utilize a Global Positioning System , altitude will be determined using this type of instrumentation. Insitu believes exemption from 14 CFR 91.121 should be granted, as the regulation is not applicable. To ensure an equivalent level of safety, Insitu personnel will conduct proper preflight checks of the onboard GPS system and will incorporate a RAIM check into the prefli ght planning checklist. This check will be done at http://www.sapt.faa.gov or appropriate resource as directed by the FAA.Page **11** of **15**

**14 CFR §91.151 (a) (1): Fuel requirements for flight in VFR conditions**  The DJI sUAS is batt ery operated and requires no fuel. Insitu does not intend to use the sUAS for point

to - point flights and will not operate the sUAS beyond visual line of sight. The DJI sUAS will not require an airport in order to land. Rather, Insitu will operate the DJI sUAS using pre
- planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point of intended landing, which will always be in the immediate vicinity, within VLOS, of the PIC and/or VO except in case of emergencie s or nonparticipant intrusion. Accordingly, there is no need for a time

- based excess fuel requirement. Insitu requests relief from these regulations through exemption due to the above reasons as an equal or higher level (lack of fuel used in flight operations) of safety will be achieved
**§91.203 (a) (b): Civil Aircraft: Certifications required**  Due to the small size of the DJI sUAS, which weigh s less than 55 pounds fully configured for flight, it is impossible to comply with these regulations. Insitu requests relief from these regulations through an exemption. In order to ensure an equivalent level of safety, Insitu personnel will have the registration docu ments immediately available at the GCS and displayed in a similar manner as stipulated in these regulations. Since the sUAS cannot be issued an airworthiness certificate at this time, a copy of the FAA response to this petition and any waivers granted wil l be immediately available. These requirements will be included in a preflight checklist to ensure compliance.
**14 CFR §91.405 (a): Maintenance required**  **14 CFR §91.407 (a) (1): Operation after maintenance, preventive maintenance, rebuilding, or**  **alterat ion**  **14 CFR §91.409 (a) (1) (2): Inspections**  **14 CFR §91.417 (a) (b):**  **Maintenance Record** Insitu will maintain the DJI sUAS aircraft as instructed in the owner’s manual, where applicable, and will not operate the aircraft until it has determined that any need ed repairs have been made according to the maintenance and operations manual as well as any supplemental bulletins issued by the manufacturer. Insitu will also conduct functional check flights (FCF) as appropriate after certain major maintenance has been performed using the same safety guidelines as prescribed for training flights. Additionally, Insitu personnel will document scheduled and unscheduled maintenance performed according to already existing robust documentation requirements specific to the ope ration of a sUAS. As Insitu personnel will be required to follow the above processes and will never return a sUAS toPage **12** of **15**

service that has not been deemed airworthy/safe for flight, Insitu requests an exemption from the above regulations as an equivalent level of safety will be achieved. 

## Operational Considerations and Establishing an Equivalent Level of Safety

The DJI sUAS will be used for aerial surveying (data acquisition) and training to retain within visual line

of

-sight of the PIC and VO
. In order to safely conduct the sUAS operations in regard to the requested exemptions, Insitu proposes the following operational considerations/limitations that will establish an equivalent level of safety. Our goal is to mirror the notice of proposed rulemaking (NPR M) RIN 2120

- AJ60 released by the FAA on Feb 15, 2015. 1. Operations related to this exemption request will only utilize the DJI sUAS. 2. No operations related to motion picture and/or television filming will occur. 3. The DJI Inspire 1 weigh s less than 55 p ounds, including payload: specifically weighs 2935 g (battery included) or 6.5 lbs. 4. Preflight, weather, local airspace, and general operational planning will be conducted by appropriately certificated personnel (minimum of a Sport Certificate) who have also rece ived training on the relevant sUAS. This training will include flight simulator training progressing to flight training supervised under controlled conditions. Insitu proposes the minimum flight training hours required before solo operations to be 10 fli ght hours or as otherwise stipulated by the FAA. 5. Checklists for all phases of flight including preflight, takeoff, approach, and landing will be followed by the PIC, VO, and any other participants. 6. The PIC and associated VO will operate the sUAS s with the following limitations : o Any requirements the FAA stipulates in response to this petition o Within Visual Line of Sight (VLOS) of each sUAS at all times. However, only one sUAS will operate at a given site with a PIC/VO team at any one time. o The PIC and VO wi ll perform see and avoid duties for the entire operational area
. o Operations over nonparticipants will not be allowed
. o Operations will be conducted for daylight only (official sunrise to official sunset, local time)
. o Right of way will be yielded to all other aircraft, manned and unmanned
. o Maximum ground speed of 87 Knots (100 mph) o Maximum wind speed will be per the manufacturer’s recommendations for each sUAS. o Maximum altitude of 500 Feet above ground level (AGL)
. o Altitude will be reported in feet AGL. o O perations will only be conducted in Visual Meteorological Conditions (VMC), i.e. 3 statute miles visibility from the GCS and clear of clouds as appropriate to the airspace operating in. This includes 500’ below the clouds in class C, D, and E airspace (op erations over 10,000’ MSL not anticipated) and clear of clouds in class B and G airspace
. o Operations in class B, C, D, and E or any operation within 5 Statute Miles of an airport will always be coordinated with the local ATC, airport manager (s) , and any ot her stakeholders as appropriate
. (Insitu has worked with multiple public and private airports as well as related air traffic organizations and regulators.)Page **13** of **15** o PIC and VO will never operate more than one sUAS at a time for a given site. It’s possible that Insi tu will operate more than one sUAS at multiple sites throughout the world
. However, each PIC and VO team will ONLY operate one sUAS at a time at a specific site
. o The PIC and VO will have either a class 2 medical or a valid driver’s license and will never o perate if any mental or physical condition exists that would interfere with the safe operation of the sUAS
. o The PIC will have a minimum of a Sports Pilot Certification
. o The sUAS will be registered , and the N

- number will be displayed on the aircraft in the largest font practicable
. o No operations from moving vehicles on land will be permitted
. o 90 day currency on the system, including 3 takeoffs and landings to a full stop, will be maintained by the PIC. o Appropriate clearance from obstacles in operating area will be maintained
. o 500 ft clearance from nonparticipating obstacles and people will be maintained o Operations will be conducted over Insitu owned land , or land that Insitu exclusively controls access to with the permission of the landowner
. o All relevant documentation for a particular sUAS will be immediately available to the PIC and VO during flight operations . Relevant documentation may include the operator’s manual/handbook, the maintenance procedures, COA, etc. o All maintenance, determination of airwort hiness, inspections, etc., will occur per the manufacturer’s recommendations. If the recommendations are not considered substantive by Insitu, then Insitu will use its expertise to develop appropriate recommendations. o Insitu will assure that the aircraft a nd unmanned system elements are in an airworthy condition prior to each flight. o Insitu will comply with all safety bulletins issued by the relevant manufacturer. o If the UA loses communication or GPS, the aircraft will return to a pre

- determined location, a way from any non

- participants. o The PIC and VO will perform a risk assessment prior to each flight, including any contingencies that are relevant for the operations at a particular site. o The PIC will abort the flight for any unplanned events wherein the co nditions of the flight exceed the risk assessment that occurs prior to each flight as part of the Insitu Safety Management System. o All operations will occur within the constraints/limitations/requirements stated in the relevant COA. o Before conducting opera tions, the radio frequency spectrum used for operation and control of the UA must comply with the FCC, Federal Communications Commission , or other appropriate government agency
. The controller for the DJI sUAS uses the following frequencies : 5.725
- 5.825 GH z and 2.400

- 2.483 GHz with maximum transmitting distances of 3.1 miles (unobstructed, free of interference) when FCC compliant and 2.1 miles (unobstructed, free of interference) when CE compliant. 7. Any reportable incidents will be reported appropriately to the FAA, local authorities, and the NTSB as appropriate o Additionally, Insitu has an existing Flight Safety Department that is an industry leader in UAS accident investigation and mishap prevention. Personnel in this department are experienced UAS operators, maintainers, and human factors specialists
. Insitu’s robust safety program will be applied to our operations of the DJI sUAS in addition to reporting incidents in adherence to federal regulations.Page **14** of **15**



## Granting Exemption is in the Public Interest

Insitu b elieves that approval from the FAA will enhance efficiency and safety in all operation s using the DJI sUAS by reducing the need for manned aircraft to achieve an equivalent task of aerial surveillance or training . Granting an exemption with appropriate li mitations is in the public interest because it will allow Insitu to conduct these unmanned aerial surveys without using manned aircraft which are inherently more dangerous due to personnel onboard, fuel and other flammable liquids, greater aircraft size an d weight, less restricted operating area, proximity to other aircraft and de

-confliction required, and low altitude flying that would be required to achieve an equivalent result. Due to its camera

-only payload capability, lack of cargo, fuel or combustibl e materials, and considering aircraft size, weight, and limited operating area , the sUAS presents no major risk to nonparticipating people, property, or aircraft and will reduce congestion in the NAS and reduce workload of ATC facilities. As Insitu person nel acting as PIC of the sUAS will have a minimum FAA certification of Sport Pilot, the required screening by the TSA will already have been conducted; therefore the operations will not pose any threat to National Security. While adhering to the operationa l guidelines proposed in this petition as well as additional requirements mandated by the FAA in response to this petition, Insitu firmly believes that DJI sUAS operations can be conducted in the best interest of the public to an equivalent or greater leve l of safety as required by §333 of the Modernization Act and these exemptions should be granted in accordance with 49 USC §44701(f). 

## Privacy Since all DJI sUAS flight operations will occur either over Insitu controlled land, including specific explicit permissions from relevant landowners, there is no impact to privacy
. 

## National	Security All Insitu PICs will possess an FAA pilot certification of “Sport Pilot” or greater. Therefore, all PICs will be TSA reviewed and cleared. Furthermore, all sUASs are less than 55 lbs with limited range. Therefore, this petition and the subsequent use of th e sUAS present no national security impacts
.Page **15** of **15**



## Federal	Registry	Summary Docket No.: FAA

- 2015
-___ or FAA
- 2016
-

___ Petitioner: Insitu, Inc. Insitu specifically requests exemption from 14 CFR Part 21, subpart H, 14 CFR 45.23(b), 14 CFR §61.113(a) (b) , 14 CFR §61.133 (a) , 14 CFR §91.7(a) , 14 CFR §91.9(b) (2)
. 14 CFR §91.105 (a) (1) (2) , 14 CFR §91.107, 14 CFR §91.109, 14 CFR §91.119 (b) (c) (d) , 14 CFR §91.121 , 14 CFR §91.151 (a) (1) , 14 CFR §91.203(a) (b) , 14 CFR §91.405(a) , 14 CFR §91.407(a) (1) , 14 CFR § 91.409(a) (1) (2) , and 14 CFR §91.417 (a) (b)
. Description of Relief Sought: Exemption from cited FARs to permit site survey operations and training using the DJI sUAS. Using the DJI sUAS will enhance safety not only for the intended purposes, site survey and training, but also for other Insitu UAS operations. Sincerely, Joel	P.	Kosoris, CFI,	Integration	Team Phone: 509
- 493
- 6989 Email: joel.kosoris@insitu.com Insitu,	Incorporated 118	East	Columbia	River	Way Bingen,	WA	98605