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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 surveillance (data acquisition) and training. 

All operations will be executed with safety as the most important factor as it relates to other manned 

aircraft or persons and property on the ground. Therefore, Insitu will utilize its 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-incommand 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 operation 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

118	East	Columbia	River	Way

Bingen,	WA	98605
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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.
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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 ..........................................................................................................................15
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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: DJI 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 Observer
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Executive Summary

Insitu will use a DJI small Unmanned Aircraft System (sUAS) to perform aerial surveillance (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 manned 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 

experience 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 

surveillance (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 DJI Inspire 1 multi-rotor equipped air 

vehicle (hereafter referred to as the DJI sUAS) with a three-axis gimbaled camera, allowing 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 Section 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 these 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 Security. 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 considerations (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.
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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 with 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 diligent practice of 

safety. 

Insitu has more than 860,000 flight hours 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 which 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 renders 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)
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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 intended for this exemption request do not fit within the requirements cited for 

Part 21, Subpart H: lack of a type 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 DJI 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 Visual Line-of-Sight 

(VLOS), will include an aircraft identification/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 unmanned 

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 preflight 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 required two (2) inches.
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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 specially trained staff to conduct UAS operations. These individuals will hold an FAA Sports 

Pilot Certification or greater. The DJI sUAS will not carry property for compensation or hire since the 

aircraft will be used solely to perform aerial surveillance (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 Pilot 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 500 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 all 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 risk, such as the sUAS 

striking a person, would be limited to Insitu personnel who will be appropriately outfitted in safety gear 

and trained in 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 safety 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 training 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 produced 
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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 preventative 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, 

Insitu 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 maintenance 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 manual 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 stations

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 regulations, 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 

maintaining 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 (sUA), 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 dedicated 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 Trainee will be located next 
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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 

multiple 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 camera 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 pose 

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 settings

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 preflight planning 

checklist. This check will be done at http://www.sapt.faa.gov or appropriate resource as directed by the 

FAA.
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14 CFR §91.151 (a) (1): Fuel requirements for flight in VFR conditions

The DJI sUAS is battery operated and requires no fuel. Insitu does not intend to use the sUAS for pointto-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 

emergencies 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 weighs 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 

documents 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 will 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 

alteration

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 needed 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 operation of a sUAS. 

As Insitu personnel will be required to follow the above processes and will never return a sUAS to 
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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 lineof-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 (NPRM) 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 weighs less than 55 pounds, 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 received 

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 flight 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 sUASs 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 will 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 Operations 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 

(operations 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 other 

stakeholders as appropriate. (Insitu has worked with multiple public and private airports 

as well as related air traffic organizations and regulators.)
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o PIC and VO will never operate more than one sUAS at a time for a given site. It’s possible 

that Insitu 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 

operate 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 airworthiness, 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 and 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, away 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 conditions 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 operations, 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 GHz 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.
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Granting Exemption is in the Public Interest

Insitu believes that approval from the FAA will enhance efficiency and safety in all operations 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 limitations 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 and 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 combustible 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 personnel 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 operational 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 level 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 the sUAS present no national security impacts.
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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