1 

### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

JUSTIN TIESDELL

- SMITH

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), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION

OF DJI Phantom 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

SUBMITTED JULY 24 TH 2015

JUSTIN TIESDELL

- SMITH

35488 HELENS WAY

SAINT HELENS, OREGON 97051

702

- 325

- 9782

JTIESDELLSMITH@GMAIL.COM2 TABLE OF CONTENTS

Page

GLOSSARY O F AB BREVIATIONS.......................................

....................................... .. .3

SUMMARY..................................

............................... ............................................................................. .. ..4

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

.......... ................. .. 4

BASIS FOR PETITION......................................................................................................... .......................4

AIRCRAFT AND EQUI VALENT LEVEL OF SAFETY.........

... .......................................... . ...5

NAME AND AD DRESS OF PETITIONER............

............................................................................... . .... 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JUSTIN TIESDELL

- SMITH SEEKS

EXEMPTION..........

............................................................................................................................. .... . .... 7

THE EXTENT OF RELIEF JUSTIN TIESDELL

- SMITH SEEKS AND THE REASON

JUSTIN TIESDELL

- SMITH SEEKS THE RE LIEF...........

...... ................................... .................... ........ .. 7

THE REASONS WHY GRANTING JUSTIN TIESDELL

- SMITH REQUEST WOULD BE IN

THE PUBLIC INTEREST ; HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE.

........... .. . . .... .. . 9

THE RE ARE NO PRIVACEY ISSUES.......................................

........ ............ . ... ................. . . ... 11

SUMMARY THAT CAN BE P UBLISHED IN THE FEDERAL REGISTER......

......................... . . 11

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT JUSTIN TIESDELL

- SMITH REQUEST.......

............. .......................................................... . . .. 113 GLOSSARY OF ABBREVIATIONS

AGL

................................................ .... Above Ground Level

CFR

................................................ .... Code of Federal Regulations

FAA

................................................... Federal Aviation Administration

FAR

................................................... Federal Aviation Regulations

FCC

................................................... Federal Communications Commission

FAR

................................................... Federal Aviation Regulation

GPS.................................................

... Global Positioning System

HD....................................................

. High Definition

IMU.................................................

... Internal Measuring Unit

NAS................................................

.... National Airspace System

NOTAM.............................................

. Notice to Airman

PIC................................................

...... Pilot In Command

RC...................................................

... Radio Contro l

Section 333.

.......................................... FAA Modernization and Re form Act of 2012 (FMRA) Section

333

TFR................................................... Temporary Flight Restriction

UAS................................................... Unmanned Aircraft System

VFR................................................... Visual Flight Rules4 

## SUMMERY

JUSTIN TIESDELL

- SMITH is applying for an exemption from the Federal Aviation Regulations ("FARs")

Parts 61.113(a) & (b), 91.7 (a), 91.119(c), 91.119(c)

, 91.121, 91.151(a), 91.203(a) & (b), 91.405(a),

91.407(a)(1), 91.409 (a)(1) & (2), 91.417(a)&(b) to allow commercial operation of his UAS, so long as such

operations are conducted within and under the conditions outlined herein or as may be established by the FAA

as required by Section 333. The U.S. Department of Transportation requested exemption wou ld permit the

operation of small UAS under controlled conditions.

Approval of this exemption would thereby enhance safe ty and fulfill the Secretary of Transportation's (the

FAA Administrator's) responsibilities to " ... establish requirements for the safe operation of such aircraft

systems in the national airspace system." Section 333(c) of the Reform Act.

INTRODUCTION AND INTERESTS OF THE PETITIONER

JUSTIN TIESDELL

- SMITH provides his clients with photography and videography of properties for the

purpos e of advertising.

The objective of JUSTIN TIESDELL

- SMITH and his aerial operations is to provide high quality imaging

for a variety of commercial, public, and residential uses, specifically targeting:

• Residential Construction

• Real

- estate marketing and advertising

• Filmmaking and video production

BASIS FOR PETITION

Petitioner, JUSTIN TIESDELL

- SMITH, pursuant to the provisions of the Federal Aviation Regulations (14

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for

Certain Unmanned Aircraft Systems (UAS) , here by petitions the Administrator to commercially operate the

DJI Inspire 1 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14

C.F.R § 61.113(a) & (b ), 91.7(a), 91.119(c)

, 91.121, 91.151(b), 91.405(a ), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b).

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through

(c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned

aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking

required under Section 332 of the Reform Act. In making this determin ation, the Secretary is required to

determine which types of UAS do not create a hazard to users of the NAS or the public or pose a threat to

national security in light of the following:

• The UAS's size, weight, speed, and operational capability

• Operat ion of the UAS in close proximity to airports and populated areas

• Operation of the UAS within visual line of sight of the operator.5 Reform Act§ 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national

airspac e system, the Secretary shall establish requirements for the safe operation of such aircraft in the national

airspace system." I d. §333(c).

The Federal Aviation Act expressly grants the FAA the auth ority to issue exemptions. This statutory authority

by i ts terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, and UASs from

the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may

grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or

any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 US C.

§44701(f) See

also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1 ).

Such operations will insure that the UAS will not create a hazard to users of the national airspace system or the

public. Given the small size of the DJI Inspire 1 UAS and t he environment within which it will operate,

JUSTIN TIESDELL

- SMITH’s UAS operat ions adhere to the Reform Act's safety requirements. Additionally,

approval of this application presents no national security issues. Based on the substantial level of safety

surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in

environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public

interest. Accordingly, JUSTIN TIESDELL

- SMITH respectfully requests that the FAA grant the r equested

exemption

.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

JUSTIN TIESDELL

- SMITH currently operates 1 UAS.

• DJI Inspire 1

The Inspire 1 is a highly successful consumer grade UAS

. A quad copter designed to carry a high definition

(HD) camera powered by four electric motors. It utilizes an internal inerti al measuring unit (IMU) with global

positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through

an FCC certified radio control (RC) unit. Real time video and telemetry informat ion is transmitted back to a

ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude

(AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for

either l oss of RC or GPS signal. Altitude can be limited by the on board flight controller system and maximum

altitude can be preprogrammed by the PIC. The flight controller/ I pad will warn the pilot via telemetry and

external lighting cues before reaching a low ba ttery state. An automatic termination of flight and landing will

be initiated when the battery reaches a predetermined low state.

The DJI Inspire 1 UAS operations conducted by JUSTIN TIESDELL

- SMITH, will:

• Weigh less than 55 pounds, including the paylo ad (i.e. camera, lens, and gimbal).

• Operate at speeds of no more than 50 knots, can hover, and can simultaneously move

v ertically and horizontally.6 • Only operate its UAS in line of sight of the operator (PIC).

• Li mit each operational flight to 18 minutes or less. Flights will be terminated at 20 % battery power reserve

should that occur prior to the 18 minute limit.

• Operated at an altitude of no more than 400 feet AGL.

• Be operated by a FAA licensed airman with at least a private pilot's certificate and third class medical.

• Be operated at a lateral distance of at least 100 feet from any inhabited structures, buildings, vehicles, vessels,

or people not associated with the operation

.

• Require the operator (PIC) to check for any Temporary Flight Restrictions (TFR) by calling 1800 WX Brief

and a current sectional chart for the area of operation to make sure they will not violate National Airspace

System (NAS).

• Have the capability to return to a pre

- deter m ined location if the UAS loses communications or loses its GPS

signal

.

• All software is up to date and installed before first flight of the day.

NAME AND ADDRESS OF PETIONER

JUSTIN TIESDELL

- SMITH

35488 HELENS WAY

SAINT HELENS, OREGON 97051

702

- 325

- 9782

JTIESDELLSMITH@GMAIL.COM7 THE SPEFIC SECTIONS OF 14 C.F.R. FROM WHICH JUSTIN TIESDELL

- SMITH SEEKS

EXEMPTION.



### 61.113(a) & (b)

91.7 (a)

91.119(c)

91.121

91.151(a)

91.203(a) & (b)

91.405(a)

91.407(a)(1)

91.409 (a)(1) & (2)

91.417(a) & (b)

THE EXTENT OF RELIEF JUSTIN TIESDELL

- SMITH SEEKS AND THE REASON JUSTIN

TIESDELL

- SMITH SEEKS THE RELIEF

14 C.F.R. § 61.113{a) and (b): Private Pilot Privileges and limitations: Pilot in Command

Sections 61.113 (a) and {b) limit private pilots to non

- commercial operations. Because

the UAS will not carry a pilot or passengers, the proposed operations can achieve the

equivalent level of safety of current operations by requiring the PIC operating the aircraft

to have a private pilot' s license rather than a commercial pilot's license to operate a

small UAS.

Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground

- based

Operator. The operational area is controlled and restricted, and all flights are planned and

c oordinated in advance. The level of safety exceeds that provided by a single individual holding

a commercial pilot's certificate operating a conventional aircraft. The risks associated with the

use of a UAS are so diminished from the level of risk associat ed with commercial operations

contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds the present8 level of safety sought by 14 C.F.R. §61.113 (a) and (b).

14 C.F.R. § 91.7 (a) Civil aircraft airworthiness

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Since no FAA regulatory standard exists for determining airworthiness of the UAS, the regulation will need an

exemption. JUSTIN TIESDELL

- SMITH will compl y the DJI operating manual and conduct thorou gh preflight

examination prior to each flight and that all updated software has been downloaded and installed prior to first

flight of the day.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in pertinent part, that:

" ... except when necessary for takeoff or landing, no person may operate an aircraft below

the following altitudes: .....

(c

) Ove r other than congested areas. An altitude of 500 feet above the surface, except

over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure."

Because JUSTI N TIESDELL

- SMITH requests authority to operate at altitudes only up to 400 AGL, an

exemption is needed to allow such operations.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an

altimeter that is set:

" ... to the elevation of the departure airport or an appropriate altimeter setting available

before departure."

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an

ex emption may be needed. An equivalent level of safety will be achieved by the operator,

pursuant to the safety check list and live flight data monitoring, confirming the altitude of the

launch site shown on the GPS altitude indicator before flight.

14 C. F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning:

"b

. No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast

weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal

cruising speeds, to fly after that for at l east 20 minutes "9 The battery powering the UAS provides approximately 18 minutes of powered flight. To meet

the 20 minute reserve requirement in 14 CFR §91.151, UAS flights would be limiting factor.

Given the limitations on the UAS on exemption may be need ed.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in§ 91.715, no person may operate o civil aircraft unless it has

within it the following: {1} on appropriate and current airworthiness certificate.

{b) No person may operate o civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91. 715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weigh is no more than 55 lbs and is operated without an on board pilot. As

such, there is no ability or place to carry certification and registration documents or to dis play

them on the UASs. An equivalent level of safety will be achieved by keeping these documents at

the ground control point where the controller (PIC) of the UAS will have immediate access to

them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner:

"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 ... ," and others shall

inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft wit h an airworthiness certificate, these sections will

not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and

operating handbook. An equivalent level of be achieved because these UAS are very limited in size and will

carry a small payload. If mechanical issues arise the UAS can land immediately and will be operating from no

higher

than 400 feet Above Ground Level ( AGL )

. JUSTIN TIESDELL

- SMITH will ensure t hat the UAS is in

working order prior to initiating flight, perform required maintenance and test flights prior to returning to

service , and keep a log book of any maintenance performed as well as track all flight hours. JUSTIN

TIESDELL

- SMITH is the person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved

because maintenance and inspections will be performed in accordanc e with the UAS Manufacturer's Manual

.

The Reasons Why Granting JUSTIN TIESDELL

- SMITH Request Would Be In The Public

Interest; How Would It Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing JUSTIN TIESDELL

- SMITH to safely,

efficiently, and economically perform aerial video and photography of real estate, and landscape over certain10 areas of the United States. Additionally, use of the DJI Inspire 1 UAS will decrease congestion of the NAS,

reduce pollution, and provide significant benefits to the economy. Notably, the benefits of JUSTIN

TIESDELL

- SMITH’s proposed operation of the DJI Inspire 1 UAS will be realized without implicating any

privacy issues.

1. The Public Will Benefit From Decreased Con gestion Of The NAS.

The DJI Inspire 1 UAS is battery powered and serve s 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 ae rial acquisitions, an exemption allowing the use of a DJI Inspire 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

NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Inspire 1

UAS do es not require an airport to takeoff or land. Likewise, a reduction of manned aircra ft 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 UAS

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

public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and

still photography flight operations. By using battery power and electric motors, the DJI Inspire 1 UAS

produce s no air pollution, and is the most viable environmentally conscious alternative to the piston or turbine

engine aircraft that ar e typically utilized for aerial video and photography, while burning a n average of 20

- 45

gallons per hour of leaded aviation fuel or Jet A . The DJI Inspire 1 UAS , while reducing the carbon footprint

of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric

motors, rather than an internal combustion or turbine engine.

By using the DJI Inspire 1 UAS to p erform 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. A side from the lack of flight crew members located onboard

the aircraft, the DJI Inspire 1 UAS weighing approximately 7 pounds 2 ounces at its maximum gross weight

and dimensions of 17.24 inches by 17.75 inches by 11.85 inches and with no fuel on board , has less physical

potential for collateral damage to life and property on the ground, and in the air, compared to the man ned

aircraft that typically condu ct similar operations weighing approximately 5 ,000 pounds with a rotor diameter

of approximately 35 feet and a fuel capacity of 140 gallons

.

Performing Aerial Video and Photography Operations With The DJI Inspire 1 UAS W ill Benefit

The Economy.

In addition to being safe and efficient, the DJI Inspire 1 UAS is also an economical alternative to using manned

aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire 1 UAS will allow United

States based companies and individuals , like JUSTIN TIESDELL

- SMITH, 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. owned11 and operated companies must adopt new and alternative technology in order to remain competitive. Operating

the battery powered DJI Inspire 1 UAS or equivalent is one such technology that not only allows companies

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

operational cost of a traditional manned aircraft.

By operating a DJI Inspire 1 UAS or similar equipment , companies and individuals such as JUSTIN

TIESDE LL

- SMITH, can remain competitive and profitable, and therefore, provide g reater job stability to

employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved

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

equipment , 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 orde r to remain competitive bot h

in the United States and abroad.

There Are No Privacy Issues.

All flights will occur over private or controlled areas with the property owner's prior consent and knowledge.

Filming will be only of people who have given their consent or otherwise have agreed to be in the area where

filming will take place. Any accidental filming of persons or property not required, needed or desired in the

final production will be eliminated from the final edit and not reproduced.

Satisfaction of the criteria provided i n Section 333 of the Reform Act of 2012 (size, weight, speed, operating

capabilities, proximity to airports and populated areas and operation within visual line of sight and national

security) and with the Federal Aviation Regulations, including the minimu m altitude req uirements of 14 C.F.R.

§ 91.119 provide more than adequate justification to grant Precision Unmanned Aerial, LLC requested

exemption.

A Summary That Can Be Published In The Federal Register, stating: The Rules From Which JUSTIN

TIESDELL

- SMITH Seeks Exemption:

JUSTIN TIESDELL

- SMITH seeks exemption from the requirements of 14 C.F.R Sections

61.113(a) & (b), 91.7(a), 91.119(c), 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 Descrip tion Of The Nature Of The Exemption JUSTIN TIESDELL

- SMITH Seeks:

This exemption will permit JUSTIN TIESDELL

- SMITH to commercially operate an Unmanned Aircraft System (UAS)

for the purpose of conducting aerial video and photography over certain areas of the United States.

Any Additional Information, Views, Or Arguments Available To Support JUSTIN TIESDELL

- SMITH’s

Request

.

I have been flying rotorcr a ft for nearly 20 years and have acquired a lot of flight hours of which over 1000hrs

have been in film, T V and video production. The majority of that time is from flying Electronic New s

Gathering (ENG) for over 8 years

. This style of flying causes a lot of concern for people on the ground as well as the pilots, ATC, local area

FSDO and law enforcement.

As st ated above, for people on the ground, a machine over head

, normally below normal operating altitudes,

hovering for long periods of time

, causes concern for a possible accident, the annoyance of loud noise and the12 effects of emissions . For pilots, it’s the constant thought of where am I going to land, how can I avoid bigger

problems if I should have an engine failure; for ATC , depending on the area of filming, is the aircraft going to

be in conflict with other aircraft operating in the same area, loss of rad ar contact when going below 500’ trying

to work with both film aircraft requests and normal airport operations ; the FSDO for the area

, it’s the film plan

or contingency plans, diagrams and certifying that the said plan is acceptable

, and for law enforcemen t, if a

road or area nee ds to be shut down for safety pu rposes the need for man power and resources to allow this to

happen.

I believe this new generation of aerial film production is here, it is safer, quieter, with minimal to no impact to

the people and area i n which it will work and the above

- mentioned agencies. I t’s a safer environment for the

pilot/operator in that the area of filming will be smaller, more controlled and have a very small if any collateral

damage if a power failure should happen and wi th the built in safety features as a return to home if signal from

the RC is lost or below power levels are reached.

If	you	have	any	questions	regarding	this	petition,	please	do	not	hesitate	to	contact	me	at	either

jtiesdellsmith@gmail.com or	702

- 325

- 9782.

Sincerely.

Justin	Tiesdell

- Smith