UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

TIM GIBBONS VIDEOGRAPHY

, INC

. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a) , 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1 ) & (a)(2), AND 91.417(a) & (b)

CONCERNING COMMERCIAL OPERATION OF THE

DJI INSPIRE 1 UNMAN NED AIRC RAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 ( PUBLIC LAW 112

- 95)

Submitted on June 9 , 2015

Tim Gibbons Videography

, Inc.

1419 E. Harvard Ave.

Salt Lake City, Utah 84105

Tel: (801) 557

- 5226

## 2 TABLE OF CONTENTS

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

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

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

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

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

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

BACKGROUND.......................................................................................................4

BASIS FOR PETITION..................................................... .......................................5

NAME AND ADDRESS OF PETITIONER..............................................

.. ....6

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

GIBBONS VIDEORAPHY SEEKS EXEMPTION.......................

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

THE EXTENT OF RELIEF GIBBONS VIDEOGRAPHY SEEKS AND

THE REASON GIBBONS VIDEOGRAPHY SEEKS THE RELIEF ..............10

THE REASONS WHY GRANTING GIBBONS VIDEOGRAPHY

REQUEST WOULD BE IN THE PUBLIC INTEREST ................................12

THE REASONS WHY GRANTIN G THE EXEMPTION

WOULD NOT ADVERSELY AFFECT SAFETY............................

.... ... . .......14

SUMMARY THAT CAN BE PUBLISHED IN THE

FEDERAL REGISTER...................................................................

. ..............25

ANY ADDITIONAL INFORMATION, VIEWS, OR

ARGUMENTS AVAILABLE TO SUPPORT GIBBONS

VIDEOGRAPHY ’S REQUEST.............................................

.. .. .....................25

REQUEST FOR BLANKET COA APPROVAL..............................................26

CONCLUSION...................................................

........... ............ ............ ....................27

APPENDIX A

- DJI INSPIRE 1 TECHNICAL SPECIFICATIONS .........................28

APPENDIX B

- DJI INSPI RE 1 MANUFACTURER’S USER MANUAL.................30

APPENDIX C

- MONTHLY MAINTENANCE LOG ...........................................31

## 3 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

## 4 SUMMARY

Tim Gibbons Videography Inc. seeks exemption from the requirements of 14 C.F.R §§

61.113(a) &(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Tim Gibbons

Videograph y Inc. to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting aerial video and photography for broadcast production

, motion picture filming

, non

profit promotional videos multi

- media presentations and internet based video pro duction over

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Tim Gibbons Videography Inc. (hereinafter referred to as “ Gibbons Videography ”) provides

it ’ s clients with expertise and knowledge in advanced technologies and solutions to increase

efficiency, productivity and effectiven ess. Gibbons Videography provides clients with the highest

quality digital content for use in broadcast, commercial, personal, and non

- profit projects. Gibbons

Videography has been in business for over 20 years and has professional experience in television

broadcast, industrial and nonprofit video production and is recognized as an expert this field.

Gibbons Videography has recreational/hobby experience in all aspects of aerial videogra phy . The

objective of Gibbons Videography aerial video operations is to pro vide high quality imaging for a

variety of broadcast, commercial and nonprofit productions, specifically targeting:

• Broadcast Television Production

• Motion Picture Filming

• Non Profit Promotional Videos

• Multi

- media Presentations

• Internet Based Video Production

• Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircr aft System : DJI Inspire 1 UAS

Gibbons Videography seeks an exemption to operate DJI system s for compensation or

hire within the NAS. The DJI Inspire 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft

(UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The

DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width

of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI

Inspire 1 UA is equipped with four main rotors; driven by Lithium Polymer battery powe red electric

motors.

The DJI Inspire 1 UA that will be operated by Gibbons Videography will be registered in

accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft

Registration , and marked in accordance with 14 C.F .R. Part 45, Identification and Registration

Marking

.

## 5 BASIS FOR PETITION

Petitioner, Gibbons Videography pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the

Administrator to commercially operate the DJI Inspire 1 UAS in the National Airspace System

(NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a),

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

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

unmanned aircraft and its operation, Gibbons Videography’s ope ration of the DJI Inspire 1 UAS

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, Gibbons Videography requests relief from Sections 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.

Gibbons Videography submits that the requested relief is proper since an equi valent level

of safety will be ensured. Gibbons Videography will use experienced personnel or technicians to

perform maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the operating do cuments (i.e., Monthly Maintenance Log,

and DJI Inspire 1 Instruction Manual). Furthermore, Gibbons Videography will document and

maintain all maintenance records for the DJI Inspire 1 UAS

. Relief from certain requirements of Section 61.113(a) and (b), ent itled Private pilot

privileges and limitations: Pilot in command , is requested by Gibbons Videography to the extent

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as

well as an airman medical certificate, a nd who has demonstrated, by meeting minimum flight

hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a

manner consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

Gibbons Videography seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because the Inspire 1 UAS do es not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. As such, Gibbons Videography submits that he will ensure that the DJI

Inspire 1 UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in

compliance with the operating documents (i.e., Monthly Ma intenance Log, and DJI Inspire 1

Instruction Manual), and that the aircraft is in a condition for safe flight.

Gibbons Videography also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings , as DJI Inspire 1 UA does not ha ve a typical barometric altimeter

onboard. However, altitude information of the DJI In spire 1UAs will be provided to the PIC via

Global Positioning System (GPS) equipment and radio communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information,

combined with Gibbons Videography operation of the DJI Inspire 1 UAS within visual line of sight,

at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Add itionally, Gibbons Videography seeks an exemption from the requirements of Section

## 6 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Gibbons Videography submits

that safety will not be affected by operation of the DJI Inspire 1 UA during daylight hours in visual

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly

for a total duration of approximately 13.5 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Gibbons Videography provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Tim Gibbons Videography Inc.

1419 E. Harvard Ave.

Salt Lake City, Utah 84105

Tel: (801) 557

- 5226

tim@timgibbons.com

B. The Specific Sections Of 14 C.F.R. from Which Gibbons Videography Seeks E xemption.

1. Gibbons Videography Seeks Exemption F rom The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation or

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A privat e pilot may, for compensation or 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.

2

. Gibbons Videography Seeks Exemption From The Requirements Of Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the

following:

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

## 7 3. Gibbons Videography Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in

part:

(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

-- (i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported altimeter setting of an appropriate available

station; or

(iii) In the case of an aircraft not equipp ed with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before

departure.

4. Gibbons Videography Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flig ht in VFR conditions , subsection

(b), states the following:

(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.

5. Gibbons Videography Seeks Exemption From The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required

, subsection (a), states the following:

Each owner or operator of an aircraft

—

(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[.]

## 8 6. Gibbons Videography Seeks Exemption F rom The Requirements Of Section

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration , subsection (a)(1), states the following:

(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[.]

7. Gibbons Videography Seeks Exemption From The Re quirements Of Sections

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(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

chapt er; or

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

accordance with part 21 of this chapter.

8. Gibbons Videography Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

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

following:

(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, roto r, and appliance of an aircraft. The

records must include

--

## 9 (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

(iii) The signature, and certificate n umber 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, inclu ding 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 s hall 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

## 10 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 se rvice.

C. The Extent Of Relief Gibbons Videography Seeks And The Reason Gibbons

Videography Seeks That Relief.

1. Extent Of Relief Gibbons Videography Seeks And The Reason Gibbons

Videography Seeks Relief From Section 61.113(a) And (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 holding a

private pilot or higher level certificate, as well as a current and valid airman medica l

certificate, and who has met certain flight

- hour and currency requirements, to conduct the

proposed UAS 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 or 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 fo r

compensation or hire.

As set forth more fully below, Gibbons Videography submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Inspire 1 UAS unless

that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC i s able

to safely operate the DJI Inspire 1 UAS in a manner consistent with the operations specifications

as described in this exemption, including evasive and emergency maneuvers, as well as

maintaining ap propriate distances from people, vessels, vehicles and structures.

Further, Gibbons Videography submits that all flights of the DJI Inspire 1 UAS , conducted

by the PIC pursuant to the grant of this Petition: (1) will be incidental to Gibbons Videography

bu siness; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Gibbons Videography Seeks And The Reason Gibbons

Videography Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the

extent required to allow Gibbons Videography to determine that the DJI Inspire 1 UAS is in

airworthy condition prior to every flight by ensuring that the UAS is in compliance with the

operating documents (i.e., the Gibbon s Videography Aerial Operations Manual, Monthly

Maintenance Log, and DJI Inspire 1 Instruction Manual).

Gibbons Videography seeks the requested relief because the DJI Inspire 1 UAS do es not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

## 11 Gibbons Videography will ensure that the DJI Inspire 1 UAS is in airworthy condition based upon

its compliance with the operating documents (i.e ., Monthly Maintenance Log, and DJI Inspire 1

Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for

safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Gibbons Videography Seeks And The Reason Gibbons

Videography Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow

flight operations of the DJI Inspire 1 UAS , which utilize s a barometric pressure sensor, GPS

equipment, and a radio communications telemetry data link to downlink altitude information from

the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude

information concerning UAS operations be reported to air traffic control (ATC) in feet above

ground level (AGL),

Gibbons Videography seeks the requested relief because the DJI Inspire 1 UA’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

1 4 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and

limitations stated below. As more fully set forth herein, an equivalent level of safety will be

maintained since the DJI Inspire 1 UA 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 with altitude information of the UA on the heads

- up

display of the GCS.

4. Extent Of Relief Gibbons Videography Seeks And The Reason Gibbons

Videography Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR

conditions, is requested to the extent required to allow flights of the battery po wered

DJI I nspire 1 UA during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 4.5 minutes. Gibbons Videography

seeks the requested relief because without an exemption from Section 91.151(b), the flight time

duration of the battery powered DJI Inspire 1 UA will severely constrain the practicality of any

ae rial video or still photo flight operations that Gibbons Videography proposes to conduct

pursuant to this Petition.

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

documents, and Gibbons Videography proposed opera ting limitations, ensure that Gibbons

Videography will safely operate the battery powered DJI Inspire 1 UA during daylight hours in

visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to fly for a total durati on of 13.5 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes.

## 12 5. Extent Of Relief Gibbons Videography Seeks And The Reason Gibbons

Videography Seeks Relief From Sections 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, Gibbons Videography requests relief from

the se Sections because the DJI Inspire 1 UAS do es not require airworthiness certificates. As set

forth more fully below, the DJI Inspire 1 UAS meet s the conditions of FMRA Section 333 for

operation without an airworthiness certificate. Accordingly, Gibbons Vi deography will use trained

technicians to perform maintenance, alterations, or preventive maintenance on th e UAS

using the methods, techniques, and practices prescribed in the UAS operating documents (i.e.,

Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, Gibbons

Videography will document and maintain all maintenance records for the DJI Inspire 1 UAS

.

D. The Reasons Why Granting Gibbons Videography Request Would Be In The Public

I nterest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Gibbons

Videography to safely, efficiently, and economically perform aerial video and photography for TV

broadcast

, industrial, non profit, multi

- media, special events, documentary and feature film

production over certain areas of the United States.

Additionally, use of the DJI I nspire 1 UAS will decrease congestion of the NAS, reduce

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

Videography’s proposed operation of the DJI Inspire 1 UAS will be realized without implicating

any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Inspire 1 UA is battery powered and serve s as a safe, efficient, and economical

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use

of the DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise

and air pollution, as well as increase the safety of life and property in the air

and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Inspire 1 UA 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.

## 13 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Inspire 1 UASs.

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

greatly benefit the public by drastically reducing the levels of air and noise pollution generated

during traditional aerial video and sti ll photography flight operations. By using battery power and

electric motors, the DJI Inspire 1 UAS produce s no air pollution, and is the most viable

environmentally conscious alternative to the cabin class, six cylinder internal combustion engine

aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Inspire 1 UA , while reducing the carbon

footprint of aerial acquisitions, also elimin ates noise pollution, as the UA is propelled by battery

powered electric motors, rather than an internal combustion engine.

By using the DJI Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life

and property in the air and on the ground, which is usually ass ociated 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 DJI Inspire 1 UA (weighing

approximately 6 pounds 7.5 ounces

, a t it’s maximum gross weights with a length of 17.3 inches

, width of 17.7 inches, and with no fuel on board), has less physical potential for collateral damage

to life and property on the ground, and in the air, compared to the manned aircraft that typicall y

conduct similar operations (weighing approximately 6,000 pounds with a wingspan of

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Inspire 1 UAS

Will Benefit The Economy.

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

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the

DJI Inspire 1 UAS will allow United States based companies, like Gibbons Videography , to remain

competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of

aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out

leaded aviati on fuels, U.S. owned and operated companies must adopt new and alternative

technology in order to remain competitive. Operating the battery powered DJI Inspire 1 UAS is

one such technology that not only allows companies greater operational flexibility comp ared to

manned aircraft, but provides such flexibility without the high operational cost of a traditional

manned aircraft.

By operating the DJI Insp ire 1 UAS

, companies such as Gibbons Videography , can remain

competitive and profitable, and therefore, prov ide greater job stability to employees and

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

performance of U.S. companies, through commercial use of the DJI Inspire 1 UAS , provides a

stable workforce that incr eases consumer spending; improves local, state, and federal tax

revenues; and allows companies to invest in research and development in order to remain

competitive both in the United States and abroad.

## 14 4. There Are No Privacy Issues.

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

decades, Gibbons Videography proposed operation of the DJI Inspire 1 UAS will not implicate

any privacy issues. Specifically, the DJI Inspire 1 UAS will be operated only in compliance with

operating documents (i.e., the Gibbons Videography Aerial Operations Man ual, Monthly

Maintenance Log, and DJI Inspire 1 Instruction Manual) which requires property owner

involvement as well as local law enforcement notification, and in accordance with the Federal

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How

The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The

Rule From Which Gibbons Videography Seeks Exemption.

1. Reasons Why DJI Inspire 1 UA Meet 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, Gibbons Videography operation of the DJI Inspire 1

UAS meet s the conditions of FMRA Section 333, and will not require an airworthiness certificate

in accord ance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and

sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or

the public, or otherwise p ose a threat to national security.

Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later

than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may

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

rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act.

(b

) Assessment of Unmanned Aircraft Systems.

-- In making the determination under

subsection (a), the Secretary shall determine, at a minimum

--

(1) which types of unmanned aircraft systems, if any, as a result of their size,

weight, speed, operational capability, proximity to airports and populated

areas, and operation within visual line of sight do not create a hazard to

users of the national airspace system or the public or pose a threat to

national security; and

## 15 (2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United States

Code, is required for the operation of unmanned aircraft systems identified

under paragraph (1).

(c) Requirements for Saf e Operation.

-- If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the national

airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft systems in the nation al airspace system.

In seeking this exemption, Gibbons Videography submits that the DJI Inspire 1 UAS can

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Inspire 1 UAS ; (b) the pilot certification requirement; and (c) the specific

operating limitations.

a. The Specifications Of The DJI Inspire 1 UASs Demonstrate Its Safe

Characteristics.

The DJI Inspire 1 UASs do 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 DJI Inspire 1 UASs.

The technical specifications of the DJI Inspire 1 UAS are set forth by the DJI Inspire 1

Specifications and Data Sheet, attached hereto as Appendix A.

ii. The DJI Inspire 1 UAS Autonomous Flight And Navigation Modes

Enable The UASs To Remain Within A Defined Operational Area.

The DJI Inspir e 1 UAS may be operated in both manual and fully autonomous flight modes.

A complete description of the flight and navigational modes of the DJI Inspire 1 UAS is

provided at pages 45

- 50 of the DJI Inspire 1 User Manual , attached hereto as Appendix B

.

iii. The DJI Inspire 1 UAS Is Design ed For Automatic Return To Home

Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Inspire 1 UA will remain stationary, in flight, for 3

seconds or more. If, after 3 seconds, the DJI Inspire 1 UA do es not reacquire control link data

from the GCS, the UA will assume that the Control Link is lost and the UA will return to the

home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and

## 16 shutdown.

A complete description o f the Failsafe Functions of the DJI Inspire 1 a t pages 13 through

15 of the DJI Inspire 1 User Manual , at tached hereto as Appendix B

.

iv. The DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the D JI Inspire 1 G CS and

flight control software is provided at pages 40 through 48 of the DJI Inspire 1 User

Manual. DJI Inspire 1 User Manuals is attached here to as Appendix B

.

b. Flight Operations Of DJI Inspire 1 UAS Are Limited To The Line Of Sight Of

A Certificated Pilot in Command With A Safety Observer.

Gibbons Videography will only utilize certificated pilots who possess a current and valid

airman medical certificate to act as a pilot in command (PIC) of the DJI Inspire 1 UAS.

Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Inspire 1 UAS Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, Gibbons Videography proposes to commercially operate the

DJI Inspire 1 UAS for the special purpose of conducting aerial video and photography over certain

areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraf t

described in the operating documents, rotorcraft UASs weighing less than 55 pounds

maximum gross weight: 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. UAS operations 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 44 knots.

4. The UA must be operated at an altitu de of no more t han 4 00 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 visual l ine 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.

## 17 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC

must be able to communicate ve rbally at all times. Electronic messaging or texting is not

permitted during flight operations. The PIC must be designated before the flight and

cannot transfer his or her designation for the duration of the flight. The PIC must ensure

that the SO can perf orm 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 came ra or other instruments.

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

UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the g rant of exemption and the

procedures outlined in the operating documents, the conditions and limitations contained

in the grant of exemption take precedence and must be followed. Otherwise, the operator

must follow the procedures as outlined in its operati ng documents. The operator may

update or revise its operating documents. It is the operator’s responsibility to track such

revisions and present updated and revised documents to the Administrator upon request.

The operator must also present updated and rev ised documents if it petitions for extension

or amendment to the grant of exemption. If the operator determines that any update or

revision would affect the basis upon which the FAA granted the exemption, then the

operator must petition for amendment to it s grant of exemption. The FAA’s UAS

Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or

revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for

sa fe flight. If the inspection reveals a condition that affects the safe operation of the UAS,

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 UAS 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 entry in

the aircraft records.

## 18 12. The pre

- flight inspection must account for all potenti al 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 UAS manufacturer’s aircraft/component, maintenance,

overhaul, replacement, inspect ion, 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, and status of replacement/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 under this exemption must comply with all manuf acturer

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 possess at least a private pilot certificate and at least a current third

class medical certificate.

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

qualification criteria and demonstrates the ability to safely operate the UAS in a manner

consistent with how the UAS will b e operated under the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from persons, vessels,

vehicles and structures. PIC qualification 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, a ll persons not essential for flight operations are considered

nonparticipants, and the PIC must operate the UA with appropriate distance from

nonparticipants in accordance with 14 C.F.R. § 91.119.

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

operations must be conducted under visual meteorological conditions (VMC). If flight at

night is required, a special request will be made at the FAA office closest to proposed area

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

20. The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA

- published aeronautical chart unless a letter of agreement with

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

## 19 a NOTAM as required by the operator’s COA. The letter of agreement with the airport

management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a

predetermined location within the planned operating area and la nd 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 (co nsidering wind and forecast

weather conditions) there is enough power to fly at normal cruising speed to the intended

landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Cer tificate 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 ope ration. 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 UA must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to

the PIC at the Ground Control Station of the UAS any time the UAS is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

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

and activities at all times.

## 20 30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operati ons must be conducted at least 5 00 feet from all nonparticipating persons

(per sons other than the PIC, SO, operator trainees or essential 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 must

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

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

of the UA, flight operations must cease immediately and/or;

b. The air craft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission and

the PIC has made a safety assessment of the risk of operating closer to those

objects and determined that i t does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not

present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property with

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

land owner/controller or authorized representative will be obtained for each flight to be

conducted.

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

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

the FAA's UAS 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

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b)

Would Not Adversely Affect Safety.

Gibbons Videography submits that the equivalent level of safety established by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Inspire 1

UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency

requireme nts, that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent

with the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Considering Gibbons Videography ’s proposed area of operations, and the operating

limitations set forth

- above; the p arallel nature of private pilot aeronautical knowledge

## 21 requirements to those of commercial pilot requirements (See Exemption No. 11062); and the

airmanship skill s necessary to safely operate the DJI Inspire 1 UAS, Gibbons Videography

submits that the additional manned airmanship experience of a commercially certificated pilot

would not correlate to the airmanship skills necessary for Gibbons Videography specific p roposed

flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11 080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Gibbons Videography will not allow any PIC to operate the DJI Inspire 1 UAS unless that

PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI I nspire 1 UAS

training and currency requirements, that the PI C is able to safely operate the DJI Inspire 1 UAS in

a manner consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prio r documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during Gibbons Videography ’s proposed operations. The Administrator

has held that prior documented flight experience that w as obtained in compliance with applicable

regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for

the purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a

mul ti

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make

and model of UAS to be used for operations under the ex emption. For clarification, the

FAA considers these minimum hour requirements to be inclusi ve rather than additive; i.e. 5

hours make and model time may be included in the 10 hours of multi

- rotor time and the 10

hours may be included in the total 25 hours of UAS rotorcraf t time. In addit ion to the hour

requirements, the PIC must accomplish 3 takeoffs and la ndings in the preceding 90 days

(for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in

Exemption No. 11062 are appropriate to practice and build profi ciency in the skills

necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that

prior documented flight experience that was obtained in compliance with applicable

regulations would satisfy this requirement. Training, proficie ncy, and experience

- building

## 22 flights can also be conducted under the grant of exemption to accomplish the required

flight time. During training, proficiency, and experience

- building f lights the PIC is required

to operate the UA with appropriate distances i n accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Gibbons Videography will ensure safe operations by not allowing any PIC to

operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour

and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a

manner consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained

because prior to every flight, Gibbons Videography will ensure that th e DJI Inspire 1 UAS is in an

airworthy condition based upon the UAS’s compliance with its operating documents and as stated

in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because

the altitude information of the DJI Inspire 1 UA will be provided to the PIC via GPS equipment and

a radio communications telemetry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path and altitude. This altitude information, combined w ith Gibbons

Videography operation of the DJI Inspire 1 UA w ithin visual line of sight, at or below 500 feet AGL,

will ensure a level of safety equivalent to Section 91.121. The altitude information will be

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude

initiation p oint is automatically established by the UAS ’ s at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 1106 4, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153,

11156, 11157, 11158, 11159, 11160, 11161).

## 23 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Inspir e 1

UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed

flig ht operations. Accordingly, Gibbons Videography will ensure that it will safely operate the

battery powered DJI Inspire 1 UA during daylight hours in VFR conditions, with enough battery

power to fly for a total duration of 13.5 minutes to the first point o f intended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire 1 UAS ; the

limitations on the proposed flight operations; and the location of the proposed operations, will

ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore,

safety will be ensured as the DJI Inspire 1 UAS provide s audible and visual warnings to the PIC

at the GCS when the UA experience s low battery voltage, the first warning occurring at

approx imately 30 % remaining battery power, and again at approximately 10% remaining battery

power. At the critically low battery level, the DJI Inspire 1 UAS will descend and land

automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and operating

limitations of the UAS are considered. Relief has been granted for manned aircr aft to operate at

less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and

10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requiremen ts Of Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect

Safety.

In seeking this exemption, Gibbons Videography submits that the equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established by Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because

Gibbons Videography will use trained technicians to perform maintenance, alterations, or

preventive maintenance on the U ASs using the methods, techniques, and practices prescribed in

the operating documents (i.e., the Gibbons Videography ’ s Aerial Operations Manual, Monthly

Maintenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, Gibbons Videography will

document and maintain all maintenance records for the DJI Inspire 1 UAS

. Since the DJI Inspire 1 UAS will be inspected as prescribed by the operating documents,

Gibbons Videography will maintain the equivalent level of safety established by Sections

9 1.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of DJI Inspire 1 User Manuals are at tached

## 24 hereto as Appendix B ; a copy of the DJI Inspire 1 UAS Maintenance LOG is attached hereto as

Appendix C

. Likewise, the exemption sought will not adversely affect sa fety because Gibbons

Videography will use trained technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought wou ld maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Inspire 1 UAS will be performed by trained technicians. Maintenance will be documented and

maintained utilizing the monthl y maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely

affected when the technical characteristics and operatin g limitations of the UAS are considered.

In consideration of Gibbons Videography proposed operating limitations, the operating

documents, and the technical aspects of the DJI Inspire 1 UAS

, Gibbons Videography submits

that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, in all material respects, to those presented

her ein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

and 14 C.F.R. § 21.16 entitled Special Conditions, Gibbons Videography requests that the FAA

prescribe special conditions for the intended operation of the DJI Inspire 1 UAS , which contain

such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b),

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

Such special conditions will permit safe operation of the UAs for the limited purpose of conducting

aerial video and photography over certain areas of the United States for compensation or hire.

FMRA Section 333 sets forth th e requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and

further, provides the authority for such UAS to operate without airworthiness certification in

accorda nce with any requirements that must be established for the safe operation of the UAS in

the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16,

for operation of the DJI Inspire 1 UAS , since the airworthiness reg ulations of 14 C.F.R. Part 21 do

not contain adequate or appropriate safety standards, due to the novel or unusual design features

of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

## 25 adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of the aircraft, aircraft engine or

propeller, he prescribes special conditio ns and amendments thereto for the product.

The special conditions are issued in accordance with Part 11 of this chapter and

contain such safety standards for the aircraft, aircraft engine or propeller as the

FAA finds necessary to establish a level of safe ty equivalent to that established in

the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Gibbons Videography ’s intended operation of the DJ I Inspire 1

UAS , which contain such safety standards that the Administrator finds necessary to establish a

level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91. 407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From

Which Gibbons Videography Seeks Exemption:

Gibbons Videography seeks exemption from the requirements of 14 C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Gibbons Videography Seeks:

This exemption will permit Gibbons Videography to commercially operat e an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and photography over

certain areas of the United States.

G. Any Additional Information, Views, Or Argument s Available To Support Gibbons

Videography ’s Request:

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, Gibbons Videography ’s request for exemption may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth

above.

FMRA Section 333 sets forth the requirements for considering whe ther a UAS will

create a hazard to users of the NAS or the public, or otherwise pose a threat to national

security; and further, provides the authority for such UAS to operate without airworthiness

certification.

## 26 As discussed in detail above, Gibbons Video graphy will operate the DJI Inspire 1 UASs

safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose

a threat to national security.

H. Request for Blanket COA Approval

On March 24, 2015, the FAA announced that it has implemented a new policy of granting

"blanket" COAs to applicants requesting exemptions from the Federal Aviation Regulations under

Section 333 of the FAA Modernization and Reform Act of 2012. The Applicant hereby requests

that a "blanket" COA that con forms to the terms set forth in

https://www.faa.gov/news/updates/?newsId=82245 upon approval of Gibbons Videography’s

exemption request.

## 27 CONCLUSION

As set forth herein, Gibbons Videography seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will

permit safe operation of the DJI Inspire 1 UAS commercially, without an airworthiness certificate,

for the limit ed purpose of conducting aerial video and photography over certain areas of the

United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional

mandate of the FAA Modernization and Reform Act of 2012, while also advanci ng the interests of

the public, by allowing Gibbons Videography to safely, efficiently, and economically operate the

DJI Inspire 1 UAS commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, Gibbons Videography respectfully requests

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

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409( a)(1) &

(a)(2), and 91.417(a) & (b), and permit Gibbons Videography to operate the DJI Inspire 1 UAS

commercially for the purpose of conducting aerial video and photography over certain areas of

the United States.

Finally, I would like to personally thank the FAA and all it’s employees for working towards

integrating UASs into the NAS. I have no doubt that the pro cess is incredibly challenging.

J uggling the needs of various industries and maintaining the safety of our national airspace must

be extremely da unting . As a filmmaker

, I sincerely appreciate the administration’s efforts to

address the needs of our industry and work towards finding a way to safely integrate this

incredible technology into our storytelling.

Dated: June 9 , 2015

Respectfully submitted,

Tim Gibbons Videography, Inc.

Timothy Gibbons , Owner

1419 E. Harvard Ave.

Salt Lake City, Utah 84105

Tel: (801 ) 557

- 5226

## 28 APPENDIX

– A

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Gibbons Videography only utilizes safe and reliable UASs. DJI is an industry leader in small UAS

production. DJI UASs are loaded with ground breaking software enabling the user to set

parameters which will not allow flight into controlled airspace. Parameters can also be set to limit

flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined

and set distance. In addition, DJI software provides real

- time altitude and location information to

the PIC via the linked monitor (smart phone/t ablet devices)

1.1 DJI Inspire

1 .1.1 Aircraft

1.1 .1.1 Model

– T600

1.1 .1.2 Weight (Battery Included)

– 6lbs 7.5291oz (2935g)

1.1 .1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m

1.1 .1.4 Max Angular Velocity

– Pitch: 300 0 /s; Yaw: 150 0 /s

1.1 .1.5 Max Tilt Angle

‐ 35 0 3.2.1.6 Max Ascent Speed

– 5m/s

1.1 .1.6 Max Ascent Speed

– 5m/s

1.1 .1.7 Max Descent Speed

– 4m/s

1.1 .1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED)

1.1 .1.9 Max Flight Altitude

– 4500m

1.1 .1.10 Max Wind Resistance

– 10m/s

1.1 .1.11 Max Flight Time

– Approximately 18 minutes

1.1 .1.12 Motor Model

– DJI 3510

1.1 .1.13 Propeller Model

– DJI 1345

1.1 .1.14 Operating Temperature Range

– 14 0 F to 104 0 F (

‐ 10 0 C to 40 0 C)

1.1 .1.15 Dimensions

– 17 1/4” x 17 3/4” x 12”

1.1.2 Gimbal

1.1 .2.1 Model

– ZENMUSE X3

1.1 .2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W

1.1 .2.3 Operating Current

– Static: 750mA; In Motion: 900mA

1.1 .2.4 Angular Vibration Range

‐ Å}0.03 0

1

. 1. 2.5 Mounting

– Detachable

1.1 .2.6 Controllable Range

– Pitch:

‐ 90 0 to +30 0 ; Pan: Å}320 0

1.1 .2.7 Mechanical Range

– Pitch:

‐ 125 0 to 45 0 ; Pan: Å}330 0

1.1 .2.8 Max Controllable Speed

– Pitch: 120 0 /s; Pan: 180 0 /s

## 29 1.1 .3 Camera

1.1 .3.1 Name

– X3

1.1 .3.2 Model

– FC350

1

. 1 .3.3 Total Pixels

– 12.76M

1.1 .3.4 Effective Pixels

– 12.4M

1.1 .3.5 Image Max Size

– 4000x3000

1.1 .3.6 ISO Range

– 100

-- ‐ 3200

1.1 .3.7 Field of View

‐ 94 0

1.1 .3.8 CMOS

– Sony EXMOR 1/2.3”

1.1 .3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25,

3840x2160p24/25/30; FHD:1920x1080p24 /25/30/48/50/60;

HD: 1280x720p24/25/30/48/50/60

1.1 .3.10 Operating Temperature Range : 32 0 F

‐ 104 0 F (0 0 C

- 40 0 C)

1.1 .4 Transmitter

1.1 .4.1 Name

– C1

1.1 .4.2 Operating Frequency : 5.728

-- ‐ 5.850GHz; 2.400

-- ‐ 2.483GHz

1.1 .4.3 Communicating Distance (unobstructed) : 2000m

1.1 .4.4 Output Power : 9W

1.1 .4.5 Operating Temperature Rang e: 14 0 F to 104 0 F (

‐ 10 0 C to 40 0 C)

1.1 .4.6 Battery : 600mAh LiPo 2S 32

## 30 APPENDIX

– B

DJI INSPIRE 1 MANUFACTURER’S USER MANUAL

Most current version of the u ser manual can be found at:

http://www.dji.com/product/inspire

- 1/download

## 31 APPENDIX

– C

Gibbons Videography Monthly Maintenance Log