417 Aerial Photography LLC’s Petition for Exemption

For Purposes of Operating Small Unmanned Aircraft System

FAA Rules Docket: ____________

Name and Address of Petitioner

417 Aerial Photography

4918 N. 10th Street

Ozark, MO 65721

Counsel for Petitioner

Amanda E. Tummons

HUSCH BLACKWELL LLP

901 St. Louis Street, Suite 1800

Springfield, Missouri 65086

(417) 268-4136

amanda.tummons@huschblackwell.com

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A. Summary

417 Aerial Photography LLC (hereinafter referred to as “417”) seeks exemption from the

requirements of 14 C.F.R. §§ 45.27(a), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b),

61.315(a), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) and (2), and 91.417(a) and (b). This exemption will permit 417 to operate an

unmanned aircraft system while keeping the documents required by the regulations at the ground

control station and immediately accessible to the pilot in command. Furthermore, the exemption

will relieve 417 from the airworthiness certificate standards and the requirement to have a

certificate of airworthiness issued for its unmanned aircraft system (“UAS”). This exemption

will also permit any required markings concerning the operational status of the UAS to be

displayed on the fuselage of the unmanned aircraft.

B. Introduction

417 is a new company whose owners have multiple years’ of experience safely operating

UAS as hobbyist. 417 desires to take their extensive UAS hobby operation experience and obtain

aerial photographs or video of real property or property features at the request of the land owner

or the person responsible for the property. 417 proposes to utilize a DJI Inspire 1 (hereinafter

referred to as the “Inspire”) quadcopter.

Pursuant to 14 C.F.R. § 11.81 (Petition for Exemptions.), 417 provides the following

information in support of its petition:

C. Background

417 seeks an exemption to operate an Inspire for compensation or hire within the national

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airspace system (“NAS”)

1

. The Inspire is comprised of an airborne unmanned quadcopter (the

“UA”) and a transportable ground station (the “GCS”). The Inspire has a maximum gross weight

of approximately 6.47 pounds, while having a diameter 23inches. The Inspire unmanned aircraft

is equipped with four rotors driven by a 5700 mAh, 22.8V battery that powers four 415 KV

electric motors.

D. Basis for Petition

417, by and through undersigned counsel, pursuant to Federal Aviation Regulations

(FAR) (14 C.F.R. § 11.61)2 and the FAA Modernization and Reform Act of 2012 (“FMRA”),

Section 333, Special Rules for Certain Unmanned Aircraft Systems (“Section 333”), hereby

respectfully petitions the Administrator for an exemption from the requirements of 14 C.F.R. §§,

45.6.47(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151 (b), 91.405(a),

91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 333

Congress identifies Section 333 as a pathway for “expedited operational authorization” of

certain UAS in the NAS. Section 332(b)(1) (“expedited operational authorization.”).

3

 Under

Section 333 Congress mandates that the FAA “shall determine if certain unmanned aircraft

systems may operate safely in the national airspace system before completion of the plan and

rule-making required by section 332 of this Act or the guidance required by section 334 of this

Act” (Section 333(a)) upon consideration of its “size, weight, speed, operational capability,

1 417 will submit an Aircraft Registration Application upon the grant of the exemptions sought

by this petition.

2 14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief

from current regulations in 14 C.F.R.”)

3 See also www.faa.gov/uas/legislative_programs/section_333/ (noting that Section 333 grants

the FAA “the statutory flexibility to expedite requirements for the safe operation of certain

aircraft systems in the NAS.”).

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proximity to airports and populated areas, and operation within visual line of sight.” Section

333(b)(1). If the FAA makes such a determination, the FAA “shall [also] establish requirements

for the safe operation.” Section 333(c). The FAA further may find that the UAS does not require

“airworthiness certification under section 44704 of title 49, United States Code.” Section

333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds

the exemption is in the public interest.” Section 44701(f) (authorizing the grant of

exemptions from safety regulations and minimum standards under section 44701(a) and (b) and

sections 44702-44716).4

For the reasons addressed herein, this Petition qualifies for expedited approval of

417’s request for exemption under both Sections 333 and 44701.

E. The Inspire UAS Meets the Statutory Criteria for Exemption under Section 333

Given its small size, light weight, slow speed, limited load capacity, superior

operational capabilities, and that the operations will be conducted only during the day, under

visual meteorological conditions (“VMC”), within visual line of sight (“VLOS”) of the Pilot In

Command (“PIC”) with the assistance of a visual safety observer (“VO”) and not in the proximity

of airports or populated areas, the Inspire UAS is the very sort of UAS that qualifies for

expedited approval under Section 333.

1. Section 333(b)(1) Criteria

4 See e.g. 49 USC §44711(a) ((1) prohibiting operations without airworthiness certificate; (2)

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations

in violation of regulations); 49 USC §44704 (issuance of airworthiness certificate); 14 C.F.R.

§91.203 (a)(1) (carry airworthiness certificate)).

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a. Size

The Inspire measures approximately 12 inches in height and has a diameter of 23 inches.

b. Weight

The Inspire has a maximum gross weight of 6.47 lbs.

c. Speed

The Inspire has a maximum speed of 42.8 knots.

d. Operational Capability

The Inspire was specially designed for professional photography and videography. 

Supported by a 5700 mAh, 22.8V battery that is rechargeable, the Inspire has a maximum flight

time of approximately 18 minutes. 

e. Proximity of Airports

Flight operations will not occur within 5 nautical miles of an airport reference point

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not

denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published

aeronautical chart, unless a letter of agreement with that airport’s management is obtained or

otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the

airport management will be made available to the Administrator or any law enforcement official

upon request.

f. Visual Line-of-Sight

The Inspire will at all times be flown by 417 only in the daytime (not at night) under

VMC within VLOS of the PIC (typically within a range less than 500 feet) with the further

assistance of a VO with whom the PIC will have the ability for direct and continuous verbal

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communications5 so as to ensure that the flight operations remain within the PIC’s VLOS and

prescribed flight boundaries and deconflict with objects in the air and on the ground. Thus,

pursuant to the FAA’s Interim Operational Approval Guidelines for UAS the proposed

operations provide an approved method of control and collision avoidance to satisfy the “see and

avoid” requirement of 14 C.F.R. § 91.113:

While considerable work is ongoing to develop a certifiable “detect, sense, and avoid”

system, no current solution exists. Compliance with the “see and avoid” aspect of 14

C.F.R. 91.113, Right-of-Way Rules: Except Water Operations, becomes one of the

primary issues in UAS operational approvals. As a result, alternate methods of

compliance are required to accomplish the “see and avoid” function. See and avoid risk

mitigation strategies are normally based on the use of visual observers or other methods

of segregation.

Interim Operational Approval Guidance 08-01, Unmanned Aircraft Systems Operations in the

U.S. National Airspace System (March 13, 2008) at 8. Only qualified and current PIC’s and

VOs, as provided in this petition, will be used.

2. Other Factors

a. Inspire Safety Systems

The Inspire UAS is replete with mechanisms to ensure safe operations and protect

persons and property on the ground. In addition to having experienced operator/PIC and VO, the

Inspire UAS has a variety of inherent safety systems, including:

• 2.4 Ghz Frequency Hopping: The Inspire utilizes the 2.4 Ghz spectrum to

communicate between the GCS and the UA. The Inspire is enabled with

automatic frequency hopping in case of interference to prevent lost link situations.

• Return to Home Enabled: The Inspire is enabled with a return to home function

that causes the aircraft to return to the point of take-off, descend, and land upon

5 VO will at all times be in proximity of PIC so as to allow direct verbal communications. 

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losing contact with the GCS, or if the failsafe mode is activated by the PIC.

• Geo-Fencing Capabilities: The Inspire is equipped with geo-fence capabilities

enabling the PIC to restrict the Inspire’s operating area to a certain distance from

take-off.

• Ground Station Warnings: Battery level is monitored in flight on the GCS. A low

battery failsafe is triggered when the battery is depleted to a point that may affect

safe return of the aircraft home. The aircraft will automatically land when the

battery level can only support the aircraft to land from the current altitude.

b. Flight Operations Documents

To ensure consistent safety operations, 417 will operate and maintain the Inspire in

accordance with the operating limitation set forth in this petition as well as in the INSPIRE 1 User

Manual (as published and updated by DJI), the INTELLIGENT FLIGHT BATTERY SAFETY

GUIDELINES (as published and updated by DJI), the INSPIRE 1 Safety Guidelines (as published

and updated by DJI) and the INSPIRE 1 Maintenance Manual (as published and updated by DJI). 

All DJI published and updated materials (in their most current and up-to-date form) are publicly

available for download at http://www.dji.com/product/inspire-1/download and are hereinafter

referred to as “DJI Safety Materials”.

In seeking this exemption, 417 proposes to operate the Inspire pursuant to the following

specific operating limitations:

1. The Inspire shall not be flown at an indicated airspeed exceeding 17 knots.

2. The Inspire shall only be operated below 400 feet above ground level (AGL). Altitude

must be reported in AGL.

3. The Inspire shall be operated within VLOS of the PIC and VO (unaided by a device other

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than corrective lenses).

4. All operations will utilize a VO. The VO may be used to satisfy the VLOS requirement

as long as the PIC always maintains VLOS capability. The VO and PIC will be able to

communicate verbally at all times. 

5. The PIC will be designated prior to the flight and the PIC designation will apply for the

duration of the applicable flight.

6. The PIC is responsible for ensuring that the VO can perform the required functions.

7. Any time the UA is operating, all documents required under 14 C.F.R. § 91.9 and §

91.203 shall be available to the PIC at the GCS. Such documents shall be made available

to the Administrator or any law enforcement official upon request.

8. Prior to each flight the PIC shall inspect the UAS for any inoperable components, items or

equipment and to ensure the UAS is in a condition for safe flight. If the inspection

reveals a condition that affects safe operations, the UAS shall not be operated until the

necessary maintenance has been performed and the UAS is found to be in a condition for

safe flight. The inspection will include the GCS. Any discrepancies and all maintenance

or alterations shall be documented in the aircraft records, such records to be made

available to the Administrator upon request.

9. Operation of the Inspire with any inoperative instruments or equipment is prohibited.

10. If the UAS has undergone maintenance or alternations that affect its operation or flight

characteristics, e.g. replacement of a flight critical component, then the UAS shall

undergo a functional test flight. Functional test flights will only be conducted by a PIC

with a VO and must remain at least 500 feet from other people. The functional test flight

will only be conducted in such a manner so as to not pose an undue hazard to persons or

property. The operator shall make an entry in the UA record of such test flight.

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11. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in

a condition for safe flight. 

12. The operator will follow the DJI Safety Materials maintenance, overhaul, replacement,

inspection, and life limit requirements for the UA and its components. 

13. Each UAS operated under the requested exemption will comply with all manufacturer

safety bulletins.

14. Record of the UAS maintenance, preventive maintenance, alternations, status of

replacement/overhaul component parts, and the total time in service of the UAS shall be

documented and maintained.

15. Flight operations will not occur within 5 nautical miles of an airport reference point

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s management

is obtained, or otherwise permitted by a COA issued to the exemption holder. The letter

of agreement with the airport management will be made available to the Administrator or

any law enforcement official upon request.

16. The UA shall 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.

17. Upon loss of communication or GPS signal, the UA shall return to the point of take-off,

descend, and land.

18. The PIC is required to abort the flight in the event of unprecedented obstacles or

emergencies.

19. The PIC shall not begin a flight unless (considering wind and forecast weather

conditions) there is enough available power for the UA to conduct the intended operation

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and to operate after that for at least five (5) minutes or with the reserve power

recommended by the manufacturer if greater.

20. Flights will only be conducted when wind speed is less than 10 knots.

21. Prior to conducting any operations, the operator shall obtain a Certificate of Waiver or

Authorization (COA). Pursuant to such COA, operator shall request of a Notice to

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to

the operation.

22. The UA shall be marked with an identification (N-Number) in accordance with 14 C.F.R.

§ 45.23, such markings to be as large as practicable pursuant to 14 C.F.R. § 45.29(f), and

identified by a serial number registered in accordance with 14 C.F.R. Part 47.

23. The radio frequency spectrum used for operation and control of the UA shall comply with

the requirements of the Federal Communications Commission (FCC) or other appropriate

government oversight agency.

24. The UA shall at all times remain clear and yield the right of way to all other manned

operations and activities (e.g. gliders, ultralights, parachutes).

25. The UAS shall not be operated by the PIC from any moving vehicle or device.

26. If the UAS loses communications or loses its GPS signal, the UA will return to a predetermined location within the private or controlled-access property.

27. The UA shall at all times be operated 500 feet away from all non-participating persons,

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator will ensure

that nonparticipating persons remain under such protection. If a situation arises

where nonparticipating persons leave such protection and are within 500 feet of

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the UA, flight operations will be immediately terminated in a manner ensuring the

safety of nonparticipating person; and

b. The owner/controller of any vessels, vehicles or structures has granted permission

for operating closer to those objects and the PIC has made a safety assessment of

the risk of operating closer to those objects and determined that it does not present

an undue hazard.

The PIC, VO, operator trainees or essential person are not considered nonparticipating

persons.

28. All operations shall be conducted over private or controlled-access property with

permission from the property owner/controller or authorized representative. Permission

from property owner/controller or authorized representative will be obtained for each

flight to be conducted.

29. UAS operations may not be conducted at 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.

30. The PIC shall possess either an airline transport, commercial, private, recreational or sport

pilot certificate. The PIC must also hold a current FAA airman medical certificate or a

valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a

territory, a possession, or the Federal government. The PIC must also meet the flight

review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated

on his or her pilot certificate.

31. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to

safely operate the UAS in a manner consistent with how the UAS will be operated under

the requested exemption, including evasive and emergency maneuvers and maintaining

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appropriate distances from persons, vessels, vehicles, and structures. PIC qualification

flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). 

Flights for the purposes of training the operator’s PICs and VOs will only be conducted

during dedicated training sessions. During training, proficiency, and experience-building

flights, all persons not essential for flight operations are considered nonparticipants, and

the PIC will operate the UA with appropriate distance from nonparticipants in accordance

with 14 CFR § 91.119. At a minimum prior to operations, the PIC shall have

a. accumulated and logged (in a manner consistent with 14 C.F.R. § 61.51(b)) a

minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft pilot

and at least ten (10) hours as a UAS pilot with a similar UAS type (multi-rotor),

such log of which shall be made available to the Administrator upon request.

b. accumulated and logged (in a manner consistent with 14 C.F.R. § 61.51(b)) a

minimum of five (5) flight hours as a UAS pilot operating the make and model of

UAS to be used for operations under the exemption (e.g. Inspire) and three (3)

take-offs and three (3) landings in the preceding 90 days, such log of which shall

be made available to the Administrator upon request.

32. Any incident, accident or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA shall be reported to

the FAA’s UAS Integration Office within 24 hours. Accidents shall also be reported to

the National Transportation Safety Board (NTSB). Further flight operations shall not be

conducted until the incident, accident or transgression is reviewed by UAS Integration

Office and authorization to resume operations is provided.

33. The UAS shall be operated pursuant this petition as well as the DJI Safety Materials,

such documentation to be made available to the Administrator upon request. If a

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discrepancy exists between such documentation and the conditions and limitations

directed by the Administrator in granting the exemption, the conditions and limitation in

the exemption shall take precedence and be followed.

c. Privacy

417 will comply with all federal, state, and/or local privacy regulations that may apply in

the areas in which 417 will operate the Inspire pursuant to this Petition. 

d. Physical Security

In order to ensure its safe and proper use, 417 will be the only operator of the UAS and

the UAS will at all times remain in 417’s custody.

3.417’s History of Safe Operations Flying the Inspire UAS

The owners of 417 currently fly multi-rotor UAS with flight characteristics similar to

the Inspire as hobbyist with no damage to property or injury to persons. Additionally, the

owners of 417 have amassed numerous hours of flight simulator time.

4. Lack of Threat to the NAS, Public, or National Security

Those reasons addressed, including meeting Section 333(b)(1) criteria, 417’s established

record of safety, operations as outlined in this petition, and the other factors discussed,

demonstrate that the Inspire UAS will be operated safely in the NAS without creating a hazard to

other aircraft or persons or property on the ground or pose a threat to national security. 

For all of these reasons, 417’s proposed operations using the Inspire qualify for expedited

approval of the sought exemption pursuant to Section 333 for the specified uses and under the

proposed operating requirements and restrictions.

F. 417’s Operations Pursuant to This Petition Qualify for Exemption Under Section

44701. 

Granting 417’s request for exemption would benefit the public and have no adverse

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effect on safety. Accordingly, 417’s operations pursuant to this Petition also qualify for an

exemption from the FAA’s related safety regulations under Section 44701.

1. Public Interest Benefits

The public would greatly benefit from granting 417’s petition for exemption so it can use

the Inspire UAS. The Inspire is a battery powered UAS that serves as a safe, efficient, and

economical alternative to manned aircraft traditionally used for aerial photography. No pilot or

crew need be airborne, thereby providing for superior safety to persons and property in the air

and on the ground than that provided by manned aircraft performing the same operations. 

Granting the exemption would also reduce the number of manned aircraft in the NAS and, as a

result, reduce the environmental impact of such operations, as well as provide for better aerial

imaging and production and, as a result, a more robust economy. Using the Inspire also provides

the benefit of greater operational flexibility and reduced cost when compared to manned aircraft.

(a) Increased Aircrew Safety and Reduced Risk to Persons/Property On Ground

Because the Inspire is unmanned, the proposed operations eliminate the risk to pilot and crew

associated with flying such aerial-surveying missions at low altitude, in confined airspace. Further,

given its small size and weight and low airspeed, using the Inspire also reduces the risk of damage or

injury to persons or property on the ground, and in the air, were there to be a mishap. 

(b) Reduced Environmental Impact

Using the Inspire UAS instead of manned aircraft also benefits the public by eliminating or

greatly reducing air and noise pollution associated with traditional aerial surveying operations. 

Because it is battery powered (using rechargeable batteries) and uses electric motors, the Inspire

UAS consumes no fuel and generates no air pollution, and creates very little noise. As a result, the

public is benefited as a result of reduced environmental impact, reduced operator and other human

exposure, and greater fuel conservation, which serves additionally to support our government’s

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specific efforts to reduce the U.S.’s carbon footprint.6

(c) Fewer Manned Aircraft In NAS and Reduced Need for ATC Handling

The Inspire also does not require a runway or helipad to takeoff or land and will not be

operated within the proximity of any airports. As such, fewer aircraft will need to be handled by

air traffic control during ground, takeoff, departure, arrival, and landing phases. Operations

pursuant to this Petition (unmanned, VLOS, below 400 feet AGL, and not within proximity to

airports) will further reduce the number of manned aircraft flying or transiting at or above 500

feet AGL to and from the areas of operations as well as congestion around airports due to aircraft

arrival and departure.

(d) Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial footage can also be obtained using the small and nimble Inspire than can be

obtained using manned aircraft or other ground-based methods. Due to its small size and superior

flight performance characteristics, the Inspire allows for images to be taken from certain locations

and angles and with better precision than using manned aircraft. As a result, less time is needed in

the air to obtain the desired footage, which in addition to providing the benefit of fewer aircraft in the

NAS and associated reduced risk to objects and persons and property in the air and on the ground,

reduced noise, etc., allows for the production of surveys, which benefits consumers. This

additionally ensures that companies such as 417 and its customers remain competitive and

profitable, thereby providing their employees greater job stability, which ultimately contributes

further to the U.S. economy through increased consumerspending. 

(e) Increased Operational Flexibility and Reduced Cost

Using the Inspire also provides the benefit of greater operational flexibility and reduced cost

6 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels. 

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when compared to manned aircraft. Instead of each time having to hire a manned aircraft at

thousands of dollars/hour, subject to the pilot’s schedule and availability, 417 can operate the

Inspire, which it has purchased and outfitted at lower combined cost, innumerable times and at the

convenience of 417’s and its customers schedules.

2. No Adverse Safety Effects

Granting 417’s Petition will also not adversely affect aviation safety or pose any undue

risks to the public. The operations pursuant to this Petition will be in accordance with the DJI

Safety Materials and in compliance with all applicable public safety requirements. Accordingly,

and as detailed herein, granting the requested exemption would not adversely affect safety. 

Indeed, as detailed below, operations pursuant to the limitations and guidelines addressed herein

and in the DJI Safety Materials will provide an equivalent or even higher level of to those

regulations from which 417 seeks exemption. 

The FAA has previously granted exemptions in circumstances similar, in all material

respects, to those presented herein. See Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11066A, 11067, 11067A, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161, 11213, 11578.

For all of these reasons, 417’s operations pursuant to this Petition also qualify for an

exemption under Section 44701.

G. Exemptions Sought By 417 And Reasons For The Requested Relief

Pursuant to Section 333, 417 seeks an exemption from the requirements of 14 C.F.R. §§

45.27(a), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a), 91.7(a), 91.105,

91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 91.407(a)(1) and (2), 91.409(a)(1) and (2),

91.417(a) and (b).

1. Section 45.27(a). Location of marks; nonfixed-wing aircraft.

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Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a) states

(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

To the extent subsection 45.27(a) may be deemed to apply to the Inspire UAS, 417 seeks

an exemption from the subsection (i.e., that the marks be displayed on both surfaces of the cabin,

fuselage, boom, or tail) because the Inspire UA is of insufficient size to accommodate any such

marking. Thus marking the Inspire UA as required by this subsection would not be possible.

An equivalent level of safety can be provided instead by marking the Inspire UA, as may

be applicable, with lettering as large as practicable (14 C.F.R. § 45.29(f)) on its largest available

surface so as to permit such marking to be displayed to pilot, crew, and others both when the

Inspire UA is on the ground and airborne.

2. Section 61.23 (a) and (c). Medical Certificates: Requirements and duration.

417 seeks and exemption from 14. C.F.R. 61. 23 (a) and (c). Section 61.23 entitled

Medical certificates: Requirements and duration, subsections (a) and (c) state:

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and

(c) of this section, a person—

(1) Must hold a first-class medical certificate:

(i) When exercising the pilot-in-command privileges of an airline transport pilot

certificate;

(ii) When exercising the second-in-command privileges of an airline transport pilot

certificate in a flag or supplemental operation in part 121 of this chapter that requires three or

more pilots; or

(iii) When serving as a required pilot flightcrew member in an operation conducted under

part 121 of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

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(i) Second-in-command privileges of an airline transport pilot certificate in part 121 of

this chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or

(ii) Privileges of a commercial pilot certificate; or

(3) Must hold at least a third-class medical certificate—

(i) When exercising the privileges of a private pilot certificate;

(ii) When exercising the privileges of a recreational pilot certificate;

(iii) When exercising the privileges of a student pilot certificate;

(iv) When exercising the privileges of a flight instructor certificate and acting as the pilot

in command;

(v) When exercising the privileges of a flight instructor certificate and serving as a

required pilot flight crewmember;

(vi) When taking a practical test in an aircraft for a recreational pilot, private pilot,

commercial pilot, or airline transport pilot certificate, or for a flight instructor certificate; or

(vii) When performing the duties as an Examiner in an aircraft when administering a

practical test or proficiency check for an airman certificate, rating, or authorization. . . .

(c) Operations requiring either a medical certificate or U.S. driver's license. (1) A person

must hold and possess either a medical certificate issued under part 67 of this chapter or a U.S.

driver's license when—

(i) Exercising the privileges of a student pilot certificate while seeking sport pilot

privileges in a light-sport aircraft other than a glider or balloon;

(ii) Exercising the privileges of a sport pilot certificate in a light-sport aircraft other than

a glider or balloon;

(iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating

while acting as pilot in command or serving as a required flight crewmember of a light-sport

aircraft other than a glider or balloon; or

(iv) Serving as an Examiner and administering a practical test for the issuance of a sport

pilot certificate in a light-sport aircraft other than a glider or balloon.

(2) A person using a U.S. driver's license to meet the requirements of this paragraph

must—

(i) Comply with each restriction and limitation imposed by that person's U.S. driver's

license and any judicial or administrative order applying to the operation of a motor vehicle;

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(ii) Have been found eligible for the issuance of at least a third-class airman medical

certificate at the time of his or her most recent application (if the person has applied for a

medical certificate);

(iii) Not have had his or her most recently issued medical certificate (if the person has

held a medical certificate) suspended or revoked or most recent Authorization for a Special

Issuance of a Medical Certificate withdrawn; and

(iv) Not know or have reason to know of any medical condition that would make that

person unable to operate a light-sport aircraft in a safe manner.

In general, subsection 61.113(a) and (c) require that holders of certain classes of pilot’s

licenses hold medical certificates in order to operate certain aircraft. 417 seeks an exemption

from these subsections to allow its PICs to only hold a U.S. issued driver’s license. In

exemption nos. 11213 and 11578, the FAA previously found that because of the risk mitigations

established in the conditions and limitations of that exemption (which are substantially similar to

the conditions and limitations set forth above), a person that holds a U.S. issued driver’s license

who is operating a UAS will not adversely affect safety.

3. Section 61.101 (e)(4) and (5) Recreational pilot privileges and limitations.

417 seeks and exemption from 14 C.F.R. 61.101 (e)(4) and (5). Section 61.101, entitled

Recreational pilot privileges and limitations, subsections (e)(4) and (5) state:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may

not act as pilot in command of an aircraft—

(4) For compensation or hire;

(5) In furtherance of a business;

In general, subsections 61.101 (e)(4) and (5) prohibit a recreational pilot from conducting

commercial operations. 417 seeks exemption from the subsections because the UAS will not

carry a pilot, passengers or property (other than a camera). In exemption nos. 11213 and 11578,

the FAA previously found that holders of recreational pilot certificates may serve as PIC for

UAS operations as they have demonstrated aeronautical knowledge relevant to UAS operations,

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are subject to Department of Homeland Security screening, and risk is also mitigated through

conditions and limitations regarding PIC training.

4. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in

command.

417 seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled Private

pilot privileges and limitations: Pilot in command, subsections (a) and (b) state (emphasis

added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds

a private pilot certificate may act as pilot in command of an aircraft that is carrying

passengers or property for compensation or hire; nor may that person, for compensation

or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, 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.

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting

commercial operations. 417 seeks exemption from the subsections because the UAS will not

carry a pilot, passengers or property (other than a camera). As addressed, the Inspire is a very

light, remotely controlled UAS with no persons or property on board. The area of operations is

generally remote or sparsely populated. Each flight is planned and fully coordinated in advance

in accordance with this petition Thus the risk associated with the proposed operations is so

diminished from that associated with commercial operations contemplated by Part 61, that

allowing a PIC having a private pilot certificate, rather than a commercial certificate, met the

minimum flight hour and qualification criteria, and operating according to the limitations and

guidelines provided herein, provides a level of safety that exceeds that provided by a pilot

having a commercial certificate operating a conventional aircraft as required under the

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regulations.

The FAA has previously granted exemptions in circumstances similar, in all material

respects, to those presented herein. See Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11066A, 11067, 11067A, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161, 11213, 11578.

5. Section 61.315(a) What are the privileges and limitations of my sport pilot

certificate?

417 seeks and exemption from 14 C.F.R. 61.315(a). Section 61.315, entitled What are

the privileges and limits of my sport pilot certificate, subsections (a) states:

(a) If you hold a sport pilot certificate you may act as pilot in command of a light-sport

aircraft, except as specified in paragraph (c) of this section.

In general, subsection 61.315(a) prohibits a sport pilot from being a PIC of anything other

than a light-sport aircraft. 417 seeks an exemption from the subsections because the UAS will

not carry a pilot, passengers or property (other than a camera). In exemption nos. 11213 and

11578, the FAA previously found that holders of sport pilot certificates may serve as PIC for

UAS operations as they have demonstrated aeronautical knowledge relevant to UAS operations,

are subject to Department of Homeland Security screening, and risk is also mitigated through

conditions and limitations regarding PIC training.

6. Section 91.7(a). Civil Aircraft Airworthiness.

Finding that 417 meets the Section 333 criteria renders subsection 91.7(a) inapplicable. 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a) states (emphasis added):

“No person may operate a civil aircraft unless it is in an airworthy condition.” There is no FAA

standard by which such a determination of airworthiness can be made. Nonetheless, given the

limitations and procedures, as contained herein, and in the DJI Safety Materials, for maintaining

the aircraft and checking it before each flight to ensure that it is in peak operational condition,

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an equivalent level of safety will be provided.

7. Section 91.105. Flight crewmembers at stations.

417 seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight

crewmembers at stations, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight crewmember

shall—

(1) Be at the crewmember station unless the absence is necessary to perform duties in

connection with the operation of the aircraft or in connection with physiological needs;

and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during

takeoff and landing, keep his or her shoulder harness fastened while at his or her

assigned duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder

harness fastened.

In general, Section 91.105 requires pilot and crew to be at their duty stations and

harnessed during flight. 417 seeks exemption from the Section 91.105 because the Inspire UA is

by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or

harnessed as required by the regulation. An equivalent or even higher level of safety can be

provided instead by using an unmanned aircraft controlled by a PIC who at all times is located at

and controls the UAS from the GCS.

8. Section 91.119(c). Minimum safe altitudes.

417 seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum safe

altitudes: General, subsection (d) states (emphasis added):

Except when necessary for takeoff or landing, no person may operate an aircraft below

the following altitudes:

***

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(c) Over 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.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than

congested areas. 417 seeks exemption from subsection 91.119(c) because, pursuant to this

Petition, the Inspire will at all times be operated below 400 feet AGL.

An equivalent or even higher level of safety can be provided instead by, as provided

herein, operated below 400 feet AGL, so as to deconflict with manned vehicles operating above

500 feet AGL, within the VLOS of the PIC with the assistance of a VO so as to ensure the safety

of and deconfliction with any persons or property in the air and on the ground, including

participating and non-participating personnel, 100 feet and 500 feet, respectively, away from

who the UA would generally be restricted. Further the Inspire flight operations will be

monitored at all times by both the PIC and VO and will be in compliance with local public

safety requirements, so as to prevent access to the restricted areas of operation. 

The FAA has previously granted exemptions in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 111062 (Astraeus Aerial), 11063

(Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065

(HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.).

9. Section 91.121(a)(1)(iii). Altimeter settings.

417 seeks an exemption from 14 C.F.R. 91.121(a)(1)(iii). Section 91.121, entitled Altimeter

settings, states in relevant part (emphasis added):

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

***

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(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure

airport or an appropriate altimeter setting available before departure

Subsection 91.121(a)(1)(iii) requires persons operating an aircraft to maintain altitude by

reference to an altimeter set “to the elevation of the departure airport or an appropriate altimeter

setting available before departure.” 417 seeks exemption from subsection 91.121(a)(1)(iii)

because the Inspire uses both GPS and a barometer to determine altitude instead of a typical on

board barometric altimeter as contemplated by the regulation. Instead, the Inspire continuously

downlinks GPS altitude information and barometric information from the UA to the PIC at the

GCS to maintain altitude.

An equivalent level of safety will be provided instead by operating the UA below 400

feet AGL within the VLOS of the PIC (with the assistance of a VO) with above described

altitude information downlinked from the UA to the PIC to maintain altitude and ensure safety. 

Prior to each flight, a zero altitude/AGL will be established at the launch site shown on the

altitude indicator and confirmed for accuracy by the PIC. 

The FAA has previously granted exemptions in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 11062 (Astraeus Aerial), 11063

(Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065

(HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.).

10. Section 91.151(b). Fuel requirements for flight in VFR conditions.

417 seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel

requirements for flight in VFR conditions, states (emphasis added):

(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 speed, to fly after that for at

least 20 minutes.

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Though the Inspire is an unmanned aircraft, and thus would not begin a flight with a

person in it as the regulation contemplates, to the extent the regulation applies to the Inspire, 417

seeks an exemption from this subsection because the battery powering the UAS only provides

for approximately 20 minutes of flight, and therefore would not meet the 20 minute reserve

required by the regulation. 

An equivalent level of safety can be achieved instead by limiting the Inspire flights to 20

minutes or 30% battery power, whichever occurs first. Given that the Inspire, weighing a

maximum of 6.47 lbs. (with camera and batteries) and flying at 17 knots or less, will be operated

within the VLOS of the PIC, within the confines of the particular landowner’s property with prior

written consent of the landowner and participating and non-participating film personnel, this

restriction would provide more than enough battery reserve to accommodate a safe return to the

landing zone from anywhere in the operating area with no adverse effect on the safety of

persons and property in the air or on the ground. 

The FAA has previously granted exemptions in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 11062 (Astraeus Aerial), 11063

(Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065

(HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.). See

also e.g. Exemption Nos. 2689, 5745, 10650 (granted exemption to manned aircraft to operate at

less than the minimums prescribed in Section 91.151) and Exemption Nos. 8811, 10808, 10673

(granted similar relief for UAS for day VFR conditions). 

11. Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b). 

Maintenance inspections and recording.

Section 91.405(a), entitled Maintenance required, states:

Each owner or operator of an aircraft—

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(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

between required inspections, except as provided in paragraph (c) of this section, have

discrepancies repaired as prescribed in part 43 of this chapter;

Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding,

or alteration, states:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under § 43.7 of this

chapter;

Section 91.409 (a)(1) and (2), entitled Inspections, states:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft

unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part

21 of this chapter.

No inspection performed under paragraph (b) of this section may be substituted for any

inspection required by this paragraph unless it is performed by a person authorized to

perform annual inspections and is entered as an “annual” inspection in the required

maintenance records.

Section 91.417(a) and (b), entitled Maintenance records, state:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered

owner or operator shall keep the following records for the periods specified in paragraph

(b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of

the 100-hour, annual, progressive, and other required or approved inspections, as

appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor,

and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work

performed; and

(ii) The date of completion of the work performed; and

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(iii) The signature, and certificate number of the person approving the aircraft for return

to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and

appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required

to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last

inspection required by the inspection program under which the aircraft and its appliances

are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives

including, for each, the method of compliance, the AD or safety directive number and

revision date. If the AD or safety directive involves recurring action, the time and date

when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration

to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the

work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this

chapter shall be retained until the defects are repaired and the aircraft is approved for

return to service.

In general, these regulations require that an airworthy certificated aircraft be inspected as

prescribed in 14 C.F.R. Part 91, Subpart E (Maintenance, Preventive Maintenance, and

Alterations), any discrepancies be repaired and the aircraft be approved for return to service as

prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and

that any work on the aircraft be recorded and such records maintained.

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417 seeks an exemption because, as addressed, the Inspire UA will operate pursuant to

this Petition without airworthiness certification. An equivalent level of safety can be provided

instead by requiring, as provided herein, that inspections and maintenance be accomplished

according to the DJI INSPIRE 1 Maintenance Manual. Among other things, the UAS will be

inspected prior to each flight to confirm that it is in good working order, any maintenance or

repairs will be performed and logged, and, upon any work being performed on the UA, the UA

will be checked and approved for flight by qualified 417 personnel before being returned to service. 

No pilot or crew need be airborne flying a heavy, fuel-ladened aircraft, thereby providing for

superior safety to persons and property in the air and on the ground. Further, all flights will be

conducted during the day below 400 feet AGL within the VLOS of the PIC with the assistance of a

VO so as to ensure within the boundaries of the consenting landowner’s property and deconfliction

with objects in the air and on the ground. No flight will be taken without advance notice being

given to and obtaining the permission of the property owner and all participating and nonparticipating film personnel. Given the Inspire UA’s light weight, slow speed and low-altitude

operations there is little risk of any damage to persons or property in the air or on the ground should

a maintenance issue present itself when airborne. Accordingly, any risk associated with using the

Inspire UAS as proposed is significantly reduced when compared to that presented by using

manned aircraft to conduct the same operations.

The FAA has previously granted exemptions in circumstances similar, in all material

respects, to those presented herein. See Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11066A, 11067, 11067A, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161, 11213, 11578.

H. A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which 417 Seeks Exemption:

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417 Aerial Photography, LLC seeks exemption from the requirements of 14 C.F.R. §§ 45.27(a),

61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a), 91.7(a), 91.105, 91.119(c),

91.121(a)(1)(iii), 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2),and 91.417(a) and (b).

A Brief Description Of The Nature Of The Exemption 417 Seeks:

Approval of the above mentioned exemptions will allow 417 to operate the Inspire for

compensation in the National Airspace system. In relation to current aerial photography

operations of manned aircraft operators, such exemptions will increase safety, reduce risk to

person and property on the ground, decrease carbon emissions, reduce the need for Air Traffic

Control handling, and provide better aerial footage. The Inspire runs on rechargeable

batteries and does not carry any persons on-board. 417’s customer’s will also benefit from

greater operational flexibility and lower costs since 417 can operate the Inspire at a lower cost

than traditional manned aircraft doing the same job.

Specifically, 417 is seeking exemptions to allow:

(1) The Inspire to be marked with its registration number on its largest available

services;

(2) A pilot with at least a sport or recreational pilot’s license and a valid U.S. driver’s

license will operate the Inspire as the Pilot in Command;

(3) 417 to operate the Inspire even though it has not been certified as airworthy;

(4) Allow the Pilot in Command to control the Inspire from the controls that are located

at the ground control station;

(5) Operate the Inspire below 400 feet AGL;

(6) Operate the Inspire with continuous downlinks of GPS and barometric altitude

information from the UA to the PIC at the GCS to maintain altitude instead of a traditional

barometric altimeter;

(7) Conduct operations lasting 20 minutes or until the battery life reaches 30%,

whichever occurs first; and

(8) Conduct inspections and maintenance in accordance with the 417’s petition for

exemption and the INSPIRE 1 User Manual (as published and updated by DJI), the

INTELLIGENT FLIGHT BATTERY SAFETY GUIDELINES (as published and updated by DJI),

the INSPIRE 1 Safety Guidelines (as published and updated by DJI) and the INSPIRE 1

Maintenance Manual (as published and updated by DJI).

I. Conclusion

Accordingly, as set forth above, 417 seeks an exemption pursuant to 14 C.F.R. § 11.61

and Section 333 of the FAA Modernization and Reform Act of 2012, to permit safe operation of

the Inspire commercially, without an airworthiness certificate, for the special purpose of

conducting photography and videography operations. By granting this Petition, the FAA

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Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA

Modernization and Reform Act of 2012 to expedite approval of operations of certain UAS in the

NAS, while also advancing the interests of the public.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, 417 respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §§

45.27(a), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a), 91.7(a), 91.105,

91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2),and 91.417(a)

and (b).

Dated: June 12, 2015 Respectfully submitted,

Husch Blackwell LLP

_/s/ Amanda E. Tummons________________

Amanda E. Tummons

HUSCH BLACKWELL LLP

901 St. Louis Street, Suite 1800

Springfield, Missouri 65086

Tel: (417) 268-4136

Fax: (417) 268-4040

amanda.tummons@huschblackwell.com

Attorney for Petitioner

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