Drone Nerds Inc. (dronenerds.com)

2646 NE 189th Terrace

North Miami Beach, Florida 33180

jeremy@dronenerds.com

786-708-7807

Docket Operations, M-30

U.S. Department of Transportation

Room W12-140, West Building Ground Floor 1200 New Jersey Avenue, SE.

Washington, DC 20590-0001 

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

Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform 

Act”) and 14 C.F.R. Part 11, Videophotog Productions (Operator) seeks an exemption 

from Federal Aviation Regulations (FARs) to allow commercial operations of their UASs 

(Unmanned Aerial Systems) for the purpose of conducting aerial photography, video, 

and survey for various industries. 

Regarding the Unmanned Aircraft Systems 

1. The requested exemption would support an application for a commercial Certificate of 

Authorization (COA) to use the below described UAS, so long as operations are 

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

the FAA as required by Section 333. Like the FAA, it is the Operator’s mission to provide 

the safest and most efficient means of Civil Commercial implementation into the National 

Airspace System (NAS). Furthermore, the Operator is comprised of members with the 

equivalent of a FAA Commercial Certificate or higher adding an additional layer of high 

regard for safe operations as well as the necessary high-level of understanding of the 

NAS and FARs. 

DJI Inspire 1 – Reference Inspire 1 User Manual (EN) v1.0 

The Inspire 1 is a quadcopter UAS capable of capturing 4K video and transmitting an 

HD video signal to a ground station. Equipped with retractable landing gear, it can 

capture an unobstructed 360 degree view from its camera. The built-in camera has an 

integrated gimbal to maximize stability and weight efficiency while minimizing space. 

When no GPS signal is available, Vision Positioning technology provides hovering 

precision. 
Docket Operations June 18, 2015 Page 2 

2. Reference Inspire 1 Maintenance Manual v1.0 

3. Reference Inspire 1 User Manual (EN) v1.0 [FCC Compliance – Appendix Pg 62] 

Regarding the Unmanned Aircraft PIC 

4. Operator proposes to operate its UASs with a pilot holding, at a minimum, a private 

pilot certificate. 

 The UAS PIC will be trained in advance for the safe operation of the UAS to be 

operated. This will include operation of the UAS both in normal and emergency 

modes of operation, and will include familiarization with the user manual 

published by the UAS manufacturer. Training will also include types of 

maneuvers to be performed and the safe operation in relation to persons, 

property and applicable airspace. 

 The PIC must have accumulated a minimum of 100 flight cycles and 25 

hours of total time as a UAS pilot and at least 10 hours logged as a UAS’s pilot 

with a similar UAS type. 

 All operations must utilize Visual Observers (VOs). VOs who are not pilots will 

attend ground training to understand the roles of an observer, communication 

procedures, and proper visual scan techniques, operations at non-towered 

airports, and appropriate sections of the Aeronautical Information Manual. 

5. The PIC must possess at least a third-class airman medical certificate for all of 

petitioner’s flight operations. 

Regarding the Operation of the Unmanned Aircraft 

6. Operator proposes Civil Commercial operation of an UAS to operate in the 

following manner: 

o Aerial photography and/or video for public and/or private use including 

real estate, architecture, land surveying, engineering and other related 

professional activities. 

o Aerial video and/or photography for public and/or private use including 

television, public events, cinematography and news gathering. 

o Aerial inspection/photography of residential/commercial structures under 

contract with the owners or local government authority. 
Docket Operations June 18, 2015 Page 3 

 Aerial inspection/photography of residential/commercial utility infrastructure 

including but not limited to electrical power lines, wind turbines and cell towers. 

 Aerial video/photography or providing live video feed (so as long as all other 

parameters are met contained herein) to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local 

authorities or government has requested it by contract or donation. 

 The ability to offer training to persons individually or belonging to both private 

and/or public organizations that have interests in the use and application of a 

UAS for the purpose of the safe operation of a UAS to enhance the safety of the 

National Airspace System (NAS) as well as for the protection of the persons and 

property. 

For additional operator adherence:

Reference–Inspire1SafetyGuidelinesv1.0 

7. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 

m/s). The UAS must be operated at an altitude of no more than 400 feet above 

ground level (AGL). The UA may not be operated less than 500 feet below or less

than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute 

miles from the PIC. UAS operations may not be conducted during night, as 

defined in 14 CFR § 1.1. 

 All operations must be conducted under visual meteorological conditions (VMC). 

Flights under special visual flight rules (SVFR) are not authorized. 

 A briefing will be performed regarding the planned UAS operations prior to each 

day’s flight consisting of all the days’ production activities. 

 Flights will be terminated at 20% battery power. 

8. As described fully above, the requested exemption would permit the operation of an 

UAS under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety 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.” 
Docket Operations June 18, 2015 Page 4

Given the small size of the UAS and the controlled environment provided, the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this 

application presents no national security issues. Regarding the Docket Operations June 

18, 2015 Page 4 level of safety surrounding the proposed operations and the public 

benefit, reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public interest. 

9. The UAS may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement with 

the airport’s management is obtained, and the operation is conducted in accordance 

with a Notice to Airmen (NOTAM), as required by the operator’s COA. 

10. The UAS must be operated within the visual line of sight (VLOS) of the PIC and VO 

at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC 

always maintains VLOS capability. The VO and PIC must be able to communicate 

verbally at all times. Electronic messaging or texting is not permitted during flight 

operations. 

11. Reference – Inspire 1 Safety Guidelines v1.0

12. Operator’s Point of Contact – Mr. Chris Doherty 

North Texas FSDO 

8700 Freeport Parkway Suite 225

Irving, TX 75063 

13. Operator will obtain required COAs once exemption is granted. 

Exemption Requests and Equivalent Level of Safety

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 (a)(1)

Based on the limited size, weight, operating conditions, design safety features, and the 

imposed conditions and limitations, Operator has demonstrated that its operations would 

not adversely affect safety compared to similar operations conducted with aircraft that 

have been issued an airworthiness certificate under 14 CFR part 21, Subpart H. 

Therefore, as the FAA found for Astraeus Aerial (http://www.astraeusaerial.com), 

Exemption 11062, the requested relief from 14 CFR Part 21, and any associated noise 

certification and testing requirements of part 36, is not necessary. 
Docket Operations June 18, 2015 Page 5 

14 CFR § 45.23 (b) – Display of marks 

Since Operator’s UAS has no entrance to the cabin, cockpit, or pilot station on which the 

markings can be placed, two inch lettering will be impossible. Official marking systems 

for small UAS have not yet been established for operations inside the NAS. 

Operator is prepared to mark the UAS with the name of the organization and location 

nor origin and fulfill any other request by the FAA to this topic in accordance with 45.29 

(f) where the pilot, observer, and others working with the sUAS will see the 

identification of the sUAS. The FAA has issued the following exemptions to this 

regulation, see Exemption Nos. 8738, 10167, 10167A and 10700. 

14 CFR § 61.113 (a) & (b) - Private pilot privileges and limitations 

This regulation provides: 

(a) This regulation provides that no person that holds a private pilot certificate may act 

as pilot in command of an aircraft for compensation or hire. 

(b) This allows a private pilot to act as pilot in command of an aircraft in connection with 

any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. 

All the requirements of a private pilot certificate will prepare the UAS operator for the 

environment that they will be operating in. 

*Please reference Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

determined that a PIC with a private pilot certificate operating a UAS would not 

adversely affect operations in the NAS or present a hazard to persons or property on the 

ground. 

14 CFR § 91.7 (a) & (b) - Civil aircraft airworthiness

This regulation provides:

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

(b) The pilot in command of a civil aircraft is responsible for determining whether that 

aircraft is in condition for safe flight. The pilot in command shall discontinue the flight 

when unairworthy mechanical, electrical, or structural conditions occur. 

While the operator’s UAS will not require an airworthiness certificate, operator is 

required to ensure that its aircraft is in an airworthy condition – based on compliance 

with the operating documents prior to every flight. As previously determined with 
Docket Operations June 18, 2015 Page 6 

Astraeus Aerial, Exemption 11062, relevant materials may be kept in a location 

accessible to the PIC in compliance with the regulations. 

14 CFR § 91.9 (b)(2) - Civil Aircraft Flight Manual, marking, and placard 

requirements 

14 CFR § 91.203 (a) & (b) - Civil aircraft: Certifications required 

As previously determined with Astraeus Aerial, Exemption 11062, relief from these 

sections are not necessary. Relevant materials may be kept in a location accessible to 

the PIC in compliance with the regulations. 

14 CFR § 91.109 - Flight instruction: Simulated instrument flight and certain 

flight tests 

This regulation provides that "No person may operate a civil aircraft that is being used 

for flight instruction unless that aircraft has fully functioning dual controls." 

The controls for a UAS do not currently have a set of fully functioning dual controls. If a 

UAS’s pilot is being trained, the pilot performing the training would be directly 

supervising and could take over the controls from the pilot in training if the need arose. 

This would be similar to the technique of a "throw-over type" control wheel in some 

fixed wing aircraft. We feel that this technique meets the intent 91 .109 and provides an 

equivalent level of safety. 

14 CFR § 91.119 - Minimum safe altitudes

This regulation provides that over sparsely populated areas the aircraft cannot be 

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

typical mission of this UAS would be photography or survey of persons, vessels, vehicles 

or structures it would be necessary to operate closer than 500 feet to the items listed. 

Operations will only be flown over property or persons where permission has been 

obtained, and careful pre-planning has been performed. Further, UAS aircraft operate at 

a very slow airspeed, and a low mass, and do not need as much space to operate safely, 

as outlined in 91.119. We believe the slower speed, smaller mass and careful preplanning would provide an equivalent level of safety. Furthermore, Operator can place 

barriers and/or structures to sufficiently protect nonparticipating person from the UA or 

debris in the event of an accident. 

14 CFR § 9l.l21 - Altimeter settings
Docket Operations June 18, 2015 Page 7

This regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft. 

The UAS will normally be flying close to the ground, and in line of sight of the PIC or an 

observer. This line of sight operation will provide separation from other aircraft, 

obstructions and terrain providing an equivalent level of safety. Additionally, the altitude 

information generated by onboard GPS equipment installed on the aircraft will aid in 

estimating the altitude. 

14 CFR § 91.151 - Fuel requirements for flight in VFR conditions 

This regulation provides that no person may begin a flight in an airplane under day- VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. We feel the intention of this paragraph it to provide 

a reasonable reserve of energy to plan for a safe landing should there be a delay in 

landing. Given the close proximity to the ground station, the ability for the UAS to land 

in a very small space and the built in energy level monitoring of the UAS there is a 

resulting equivalent level of safety if the flight is planned to be completed with 20% 

battery energy remaining. We request an exemption to the word "fuel" and ask for an 

equivalent interpretation with the word "energy". 

14 CFR § 91.205 (b) – Powered civil aircraft with standard category U.S. 

airworthiness certificates: Instrument and equipment requirements 

Since the Operator’s UAS does not have a standard category U.S. airworthiness 

certificate, relief from 14 CFR § 91.205 is not necessary. 

14 CFR § 91.215 - ATC transponder and altitude reporting equipment and use 

Section 91.215 (b)(3) includes provision for aircraft not originally certificated with an 

engine-driven electrical system or which has not subsequently been certified with such a 

system installed. For UAS not equipped with a transponder, sub-paragraph (d)(3) 

authorizes requests for ATC authorized deviations made to the ATC facility having 

jurisdiction over the concerned airspace within the time periods specified. For operation 

of an aircraft that is not equipped with a transponder, the request must be made at 

least one hour before the proposed operation. 
Docket Operations June 18, 2015 Page 8

14 CFR § 91.401 – 91.417 – Maintenance, preventive maintenance, and 

alterations 

This regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Operator 

believes that adherence to their documents containing preflight and post- flight checks 

for the UAS is sufficient to ensure that safety is not adversely affected. 

Respectfully, 

Jeremy Schneiderman CEO

Drone Nerds Inc.

Phone: 786-364-8322

jeremy@dronenerds.com