October 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

1 | Page U.S. Department of Transportation Docket Management System Robert L. Canterbury, P.E. 1200 New Jersey Avenue, SE Capital Projects Engineer Washington, D.C. 20590

CITY OF Thousand Oaks

2100 East Thousand Oaks Boulevard Thousand Oaks, CA 91362

BASIS FOR PE TITION

Petitioner, CITY OF Thousand Oaks, purs ua nt 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 , hereby petitions the Administrator to commercially operate the DJI Inspire

1 , in the National Airspace System (NAS), and for exe mption from the requirements of :

14 C.F.R §§ 61.113(a) & (b)

14 CFR 45.23(b)

91.7(a),

91.121,

91.151(b),

91.405(a), 91.407(a)(1), 91.4 09(a)(1) & (a)(2), and 91

Name and Address of the Petitioner

The name and address of the Petitioner and point of contact is:

Carl R. Jarecky

CABLE SERVICES SUPERVISOR

– CITY MANAGER’S OFFICE

CITY OF Thousand Oaks

2100 East Thousand Oaks Boulevard

Thousa nd Oaks, CA 91362

OFFICE: 805

- 449

- 2112 Email: cjarecky@toaks.org

PREFACE:

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act, that

includes , 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 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).October 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

2 | Page The CITY OF Thousand Oaks proposes to use one or mor e Unmanned Aircraft System (UAS) ( DJI INSPIRE

1 ), for the following uses:

**•** Inspections of city

‐ owned water and wastewater system s

**•** Inspections of city

‐ owned road rights of way

**•** Periodic inspections of city

‐ funded infrastructure improvement projects

**•** Land use planning

**•** Non commercial aerial video and photography related to program creation for City’s g overnment cable

channel

**•** Assist with damage assessments or sit ua tional status reports during emergency response operations

**•** Evaluations within the C ity related to op en space use vegetation & wildlife issues.

**•** Support to law enforcement and fire departments during response operations.

**•** Assist with site security during city

‐ sponsored events ( i.e. 4th of July , parades, etc.)

Our Aircraft:

**•** Our operation will include a single , manufacturer DJI Inspire 1 , referred to hereinafter as the Inspire 1. The Inspire 1 has the following flight and safety relatable features:

**•** Inspire 1 is a Q ua dcopter made by DJI that has a fixed gimbal and camera attached to the bottom. Inspire 1 has a maximum weight of 6.47 lb. (2965 grams), and a maximum range of 2000m.

**•** Inspire 1 has built in telemetry to allow the operator to see all on board information relating to the safety of flight including but not limited to battery percentage remaining, overall health of the operating system,

built

- in GPS for position hold and automatic return

- to

- home, and multiple fail

- safes for maximum safety.

**•** The onboard camera allows the operator to record High Definition video, as well as take camera stills.

The video is transmitted real

- time to the control and operator allowing the operator to see images to all

sides of the Inspire 1 utilizing an Apple iPad

.

**•** The Inspire 1 is limited to a maximum assent rate of 5 m/s and has a maximum decent rate of 4 m/s. It also has a limitation of maximum speed of 22 m/s or 49 mph.

**•** The Inspire 1 will be operated with a 5700maH lithium polymer battery allowing for flight times not to

exceed 22 minutes.

Our Ground Based Guidance and Control System:

**•** Inspire 1 is controlled using a DJI transmitter, operating on a 2.4GHz frequency to a maximum range of 2km. (Specific operating range of 2.400

- 2.483GHz.) These specificatio ns fall within FCC guidelines for operators. Powered by a li thium polymer battery it has a 2 hour time between charges.

**•** The Inspire 1 transmitter has a built in GPS allowing the Inspire 1 to always know where to return to in

the event of a failure. The In spire 1 transmitter will be controlled by a single operator, but will utilize a

Vis ua l Observer to assist in keeping sight of the UAS

.

**•** The Inspire 1 is equipped with GPS and auto

‐ return function to the predetermined safe landing area as well as allowing re ading of magnetic interference that can cause loss off GPS signal. The UAS willOctober 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

3 | Page operate only in line of sight

. Such operations will be conducted to insure that the UAS will “not create a hazard to users of the national airspace system or the public.” (Refo rm Act Section 333 (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 sys tems may operate safely in the national airspace system (NAS) before completion of the rule making required under Section 333 of the Reform Act.

In making this determination, the Secretary is required to determine which types of s 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;

**•** Operation of the in close proximity to airports and populated areas; and

**•** Operation of the UAS wi thin visual line of sight of the operator.

Reform Act § 333 (a). Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the nationa l airspace system.” Id. §333(c). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS

, 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 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

RELIEF OVERVIEW :

Given the small size of the UAS involved and the restricted environment within which they will operate, the applicant falls sq ua rely within that zone of safety (an equivalent level of safety) in which Congress envisioned
that the FAA must, by exemption, allow commercial operations of s to commence immediately. Also due to the

size of the UAS and the restricted areas in which the relevant UAS will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation

A ct, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing s for aerial inspections, surveying, photography and videography, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY :

CI TY OF Thousand Oaks proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial inspections, surveying and photography and videography operations conducted with conventional aircraft.

These li mitations and conditions to which CITY OF Thousand Oaks agrees to be bound when conducting

commercial operations under an FAA issued exemption include:October 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

4 | Page 1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a Pilot

‐ In Command (PIC) and a Safety Observer

. 3. Maximum total flight time for ea ch operational flight will be 22 minutes or less. Flights will be terminated

at 30 % battery power reserve s hould that occur prior to the 22 minute limit.

4. Flights will be operated at a n altitude of no more than 400 feet AGL or, not more than 200 feet above

an elevated platform for which filming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot and one Safety Observer.

6. The UAS will only operate within the defined project area, the boundaries of which will be determined by the Pilot

‐ In

‐ Command (PIC) based on the site

‐ specific activities and speed of the UAS required for the operation, and coordinated with the jurisdictional FAA FSDO and local government officials as applicable.

7. A briefing will be conducted in regards to the planned U AS operations prior to each day’s operation. It

will be mandatory that all personnel who will be performing duties within the boundaries of the project be present for this briefing.

8. The UAS Pilot and Safety Observer will be able to communicate by voice at all times.

9. The operations of the UAS will be limited to daylight

‐ only operations.

10. If the UAS loses radio communications or loses its GPS signal, the UAS will have the capability to return to a predetermined location within the Project Perimeter and land safely.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the iss ua nce of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equiva lent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and po pulated areas of the particular UAS . In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or ro torcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

In consideration of the speed, weight, size, and limited operating area associated with the unmanned

aircraft and its operation, the CITY OF Thousand O aks’s proposed operation of DJI Inspire 1 , meets the

conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, the CITY OF Thousand Oaks requests relief from S ections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

CITY OF Thousand Oaks submits that the requested relief i s proper since an equivalent level of safety will

be ensured. CITY OF Thousand Oaks will use experienced personnel or technicians as needed to perform
maintenance, alterations, or preventive maintenance on the s using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and Inspire 1 Instru ction Man ua l).
Furthermore, CITY OF Thousand Oaks will document and maintain all maintenance records for the Inspire 1

.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and

limitations: Pilot in command , is requested by CITY OF Thousand Oaks to the extent necessary to allow a Pilot in Command (PIC) meet or exceed the described requirements of operations set by manufact urer, and who has demonstrated, that the PIC is able to safely operate the Inspire 1 in a manner consistent with thisOctober 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

5 | Page exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people,
vessels, vehicles and structures.

CITY OF Thousand Oaks seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the Inspire 1 do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As
such, CITY OF Thousand Oaks submits t hat the PIC will ensure that the Inspire 1 is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and Inspire 1 Instruction Man ua l), and that the aircr aft is in a condition for safe flight.

CITY OF Thousand Oaks also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings

, as the Inspire 1 will not have a typical barometric altimeter onboard. However, altitude

information of the Inspire 1 will be provided to the PIC via Global Positioning System (GPS) equipment and

radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring of the flight path. This altitude information, combined with CITY OF Thousand Oaks’s operation of the Inspire 1

within vis ua l line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, CITY OF Thousand Oaks seeks an exemption from the requirements of Sect ion 91.151(b),

entitled Fuel requirements for flight in VFR conditions

. CITY OF THOUSAND OAKS submits that safety will not be affected by operation of the Inspire 1 during daylight hours in vis ua l meteorological conditions (VMC) under

vis ua l flight rules ( VFR), with enough battery power to fly for a to tal duration of approximately 17 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 additional

minutes.

EXTENT AND REASONING WHY CITY OF Thous and Oaks SEEKS RELIEF FROM THE LISTED

SECTIONS ABOVE:

1. Section 61.113(a) & b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command , is requested to the extent necessary to allow a PIC meet all requirem ents as described in the Inspire 1 owner’s

man ua l to conduct the proposed flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot

may, for compensation o r hire, act as PIC 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.

As set forth more fu lly below, CITY OF Thousand Oaks submits that an equivalent level of safety will be

maintained because no PIC will be allowed to operate the Inspire 1 unless that PIC has demonstrated that the

PIC is able to safely operate either the Inspire 1 in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, CITY OF Thousand Oaks submits tha t all flights of the Inspire 1 , conducted by the PIC purs ua nt to the grant of this Petition: (1) will be incidental to CITY OF Thousand Oaks’s business; and (2) will not carry passengers or property for compensation or hire.

2. 91.7(a).

Relief from Sect ion 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow

CITY OF Thousand Oaks to determine that the Inspire 1 is in airworthy condition prior to every flight byOctober 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

6 | Page ensuring that the Inspire 1 is in compliance with the o perating documents (i.e., the CITY OF Thousand Oaks Operations Man ua l, Monthly Maintenance Log, and Inspire 1 Instruction Man ua l).

CITY OF Thousand Oaks seeks the requested relief because the Inspire 1 does not require an

airworthiness certificate in acco rdance with 14 C.F.R. Part 21, Subpart H. Therefore, CITY OF Thousand Oaks

will ensure that the Inspire 1 is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and Inspire 1 Instruction Man ua l) pri or to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operati ons of the Inspire 1 , which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry

data link to downlink altitude information from the UAS to the PIC at the ground control station (GCS). Since the FAA requires that any a ltitude information concerning operations be reported to air traffic control (ATC) in

feet above ground level (AGL), CITY OF Thousand Oaks seeks the requested relief because the Inspire 1 ’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated b elow. As more fully set forth herein, an equivalent level of safety will be maintained since the Inspire 1 is equipped with a

barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC w ith altitude information of the UAS on the

heads

‐ up display of the GCS.

4. 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the

extent require d to allow flights of the battery powered Inspire 1 during daylight hours in vis ua l meteorological conditions (VMC), under vis ua l flight rules ( VFR), for a total duration of 17 minutes to the first point of intended landing and, assuming normal cruising sp eed, to fly after that for at least 5 minutes. CITY OF THOUSAND

OAKS seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered Inspire 1 will severely constrain the practicality of any a erial video or still photo flight operations that CITY OF Thousand Oaks proposes to conduct purs ua nt to this Petition.

Significantly, as set forth below, the technical specifications of the Inspire 1

, ( the Inspire 1 operating
documents, and CITY OF Thousa nd Oaks‘ proposed operating limitations) ensure that CITY OF Thousand

Oaks will safely operate the battery powered Inspire 1 during daylight hours in vis ua l meteorological conditions (VMC), under vis ua l flight rules (VFR), with enough battery power t o fly for a total duration of 17 minutes to the

first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

14 CFR 45.23(b)

Marking of the Aircraft;

Applicable codes of Federal Regulation require aircraft to be marked according to certain specifications.

CITY of Thousand Oaks UAS is , by definition, unmanned. It therefore does not have a cabin, cockpit or pilot

station on which to mark certain words or phrases. Further, two inch lettering is difficult to place on such small

aircraft. The FAA has previously issued exemptions to this regulation through

‐ Exemption No 10167 and

10700October 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

7 | Page 5. 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft

with an airworthiness certificate, CITY OF Thousand Oaks requests relief from these Sections because the Inspire 1 do es not require airworthiness certificates. As set forth more fully below, the Inspire 1 meet s the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly CITY OF

Thousand Oaks will use trained factory technicians to perform maintenance, alterations, or preventive

maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the CITY OF Thousand Oaks aerial Operations Man ua l, Monthly Maintenance Log, and Inspire 1

Instruction Man ua l). Furthermore, CITY OF Thousand Oaks will document and maintain all mainte nance records for the Inspire 1

.

The Reasons for granting this request are entirely beneficial to the public and community as a whole.

Granting the present Petition will further the public interest by allowing CITY OF Thousand Oaks to safely, efficiently

, and economically perform aerial vid eo and photographic surveys and inspections of construction sites, rights of way, utility easements, and other sites within the CITY OF Thousand Oaks

, California

.

This exemption application is expressly submitted to fu lfill 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 rule making required under Section 332 of the Reform Act. In making this determination, the Secretary is requir ed 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;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within vis ual line of sight of the operator.

Reform Act § 333 (a). Lastly, id. The Secretary determines that such vehicles “may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c).

Given the small size o f the UAS involved and the restricted sterile environment within which they will operate, the applicant falls sq ua rely within that zone of safety (an equivalent level of safety) in which Congress

envisioned that the FAA must, by exemption, allow commercial operations of UAS s to commence immediately.

Also due to the size of the UAS s and the restricted areas in which the relevant UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, inclu ding reduced emissions associated with allowing s for movie and television operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without dela y.

REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY

1. The Public Will Benefit from Decreased Congestion of the NAS.October 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

8 | Page The Inspire 1 is battery powered and serve s as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obt ain aerial imagery. By reducing the amount of manned aircraft

needed to perform aerial acquisitions, an exemption allowing the use of a Inspire 1 would reduce the amount

of manned aircraft in the NAS, reduce noise and air pollution, as well as increase th e 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 Inspire 1 do es not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 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 f rom The Safety And Efficiency Of The Inspire 1 UAS

.

Conducting aerial acquisitions with the Inspire 1 , 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 Inspire 1 produce s no air pollution, and is the most viable environmentally conscious alternative to internal combustion engine aircraft that are typically utilized for aerial vid eo and photography. The Inspire 1 , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the Inspire 1 is propelled by battery powered electric motors, rather than an internal combustion engine.

By using the Inspire 1 to perform aerial observation, the substantial risk to life and property in the air and on the ground, which is us ua lly associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the Inspire 1 has less physical potential for collateral damage to life and property on the ground, and

in the air , compared to the manned aircraft that typically conduct similar operations

3. Performing Aerial Video and Photography, Surveys and Inspections, Operations with the Inspire 1 UAS Will Benefit the E conomy.

In addition to being safe and efficient, the Ins pire 1 also provides an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the Inspire 1 will allow the CITY OF Thousand Oaks, to provide q ua lity services to the residents and businesses of the City and the Region at

minimum costs.

By operating the Inspire 1, the CITY OF Thousand Oaks can maintain and hopefully improve our ability to operate and maintain critical infrastructure and at the same time collect important data for further development of system

‐ wide modeling of water, waste water, storm water and roadway systems as well as provide accurate and current data related to environmental issues such as ground cover, vegetation & wildlife

habitats.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, the

CITY OF Thousand Oaks’s proposed operation of the Inspire 1 will not implicate any privacy issues. Specifically, the Inspire 1 will be operated only in compliance with operating documents (i.e., the CITY OF

Thousand Oaks Aerial Operations Man ua l, Monthly Maintenance Log, and Inspire 1 Instruction Man ua l) and in

accordance with the Federal Aviation Regulations, including the maximum altitude limitations as per the requirements of 14 C.F.R. § 91.119.October 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

9 | Page THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY, OR

HOW THE EXEMPTION WOULD PROVIDE A LEVEL OF SAFETY AT LEAST EQ UA L TO THAT

PROVIDED BY THE RULE FROM WHICH CITY OF THOUSAND OAKS SEEKS EXEMPTION.

1. Reasons Wh y t he Inspire 1 UAS Meet s The Conditions Of The FAA Modernization and Reform

Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned

aircraft and its operation, CITY OF Thousand Oaks’ operation of the Inspire 1 meet s the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

In seeking this exemption, CITY OF Thousand Oaks submits that the Inspire 1 can operate safely in the NAS purs ua nt to FMRA Section 333, as demonstrated by: (a) the characteristics of the Inspire 1 ; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications o f the Inspire 1 demonstrate i ts safe c haracteristics.

The Inspire 1 do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications of The Inspire 1

.

The technical specifications of the Inspire 1 are set forth by the Inspire 1 http://download.dji innovations.com/downloads/inspire_1/en/ Inspire_1_User_Manual_v1.4_en.p d f

ii. The Inspire 1 Autonomous Flight And Navi gation Modes Enable The UAS To r emain

w ithin a defined operational a rea.

The Inspire 1 m ay be operated in both man ua l and fully autonomous flight modes. A complete description of the flight and navigational modes of the Inspire 1 are included in the User

Man ua ls.

iii. The Inspire 1 is designed for Autonomous Return To Home P oint Or Hover In T he

Event O f Loss Of The Control Link Or N avigation.

When the Control Link is lost, the Inspire 1 will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the Inspire 1 does not reacquire control link data from the GCS, the

UAS will assume that the Control Link is lost and the will return to the home position ( i.e.,

failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the Inspire 1 are set forth in the DJI http://do wnload.dji innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

iv. The Inspire 1 GCS And Its Operation. A complete description of the operation and specifications of the Inspire 1 GCS and flight control software is provided in the Inspire 1 User Man ua l.October 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

10 | Page b. Flights Of Inspire 1 Will Be Conducted Purs ua nt To Specific Operating Limitations.

In seeking this exemption, CITY OF Thousand Oaks proposes to commercially operate Inspire 1 for the special purpose of conducting aerial video and photography over certain areas of United Sta tes,

purs ua nt to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in

the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross we ight: DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. O perations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The must be operated at an altitude of no more than 400 feet above ground level (AGL), as

indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within vis ua l line of sight (VLOS) of the PIC at all times. This requires the

PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on

the PIC’s FAA

‐ issued airman medical certificate.

6. The use of first person view camera to satisfy the vis ua l line of site by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a Safety O bserver (SO). The SO may be used to satisfy the VL OS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight an d cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other

air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or

other instruments.

9. The operating documents and the grant of exemption must be accessible during operations and

made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take p recedence and must be

followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track

such revisions and present up dated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would a ffect the basis upon which the FAA granted the exemption, then the operator must petitio n for amendment to its grant

of exemption. The FAA’s Integration Office (AFS

‐ 80) may be contacted if questions arise regarding updates or revisions to the operating doc uments.October 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

11 | Page 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If

the inspection reveals a condition that affects the safe operation of the, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the preflight inspection. All

maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an ent ry in the aircraft records.

12. The pre

‐ flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, a nd status of

r eplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the

UAS to service.

15. Each UAS operated und er this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must meet or exceed all requirements as set forth by manufacturer in order to justifiably operate the Inspire 1 , or hold an equivalent pilot license approved by the FAA.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s q ua lification

criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the

UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles a nd structures. PIC q ua lification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may 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 must operate the UAS with appropriate distance from no nparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations

must be conducted under vis ua l meteorological conditions (VMC). If flight at night is required, a spe cial request will be made at the FAA office closest to proposed area of operations. Flights under special

vis ua l flight rules (SVFR) are not authorized.

20. The UAS may not operate within 5 nautical miles of an airport reference point as denoted on a

curr ent FAA

‐ published aeronautical chart unless a letter of agreement with that airport’s management is
obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s

COA. The letter of agreement with the airport management m ust be made available to the Administrator upon request.October 16, 2015 

### [ CITY OF THOUSAND OAK S, UAV PETITION FOR EXEMPTION ]

12 | Page 21. The UAS 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.

22. If the UAS loses communi cations or loses its GPS signal, it must return to a pre

‐ determined location within the planned operating area and land or be recovered in accordance with the operating

documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance

with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the inten ded landing point and land

the UAS with 25% battery power remaining.

25. The ope rator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance,

but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements

.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

‐ Number) markings in

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the

UAS must comply with the Federal Communicat ions Commission (FCC) or other appropriate
government oversight agency requirements.

28. The UAS must remain clear and yield the right of way to all manned aviation operations and

activities at all times.

29 . Any incident, accident, or flight operation t hat transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's Integration Office (AFS

‐ 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

THE CITY OF THOUSAND OAKS AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND

BINDING UPON FA A’S FINDINGS OF EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED , UNTIL FURTHER NOTICE OF LAWS OR REGULATIONS DECIDED BY THE

GOVERNEMENT/FAA.

THANK YOU FOR YOUR CONSIDERATION.

CARL R JARECKY

CABLE SERVICES COORDINATOR

CITY OF THOUSAND OAKS