August 03

, 2015

Exemption No. 12280 Regulatory Docket No. FAA

– 20 15

– 2072

Mr. Dustin Beck Exclusive Aerial, LLC 8175 Thornhill Drive Ypsilanti, MI 48197

Dear Mr. Beck :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 20, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Exclusive Aerial, LLC ( hereinafter petitioner or operator ) for an ex emption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial filming and photographing to include infrastructure inspections, aerial acquisition (mapping), real estate, and other applicable areas for pre

- planned, contro lled areas

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2

consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA fi nds that the requested relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is
not necessary.

The Basis for Our Decis ion

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11 062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Exclusive Aerial, LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operat e a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Exclusive Aerial, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are
not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greate r than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual 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 or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limita tions in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The ope rator 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 or any law enforcement official upon request. The operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable com ponents, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certif icate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be5

operated under this exemption, including evasive and emergency maneuvers and maintainin g appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations m ay only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distan ce from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be ma de available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a
pre

- determined location within the pr ivate or controlled

- access property.

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

20. The PIC is prohibited fro m beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the man ufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial

num ber, registered in accordance with 14 CFR part 47, and have identification6

(N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcem ent official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 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 tha t 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 in a manner ensuring the safety of nonparticipa ting persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the prop erty owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vert ical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions containe d on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities t o the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permissio n must be made available to the inspector upon request;
g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on August 31, 2017 , unl ess sooner superseded or rescinded.

Sincerely, / s/ John S. Duncan Director, Flight Standards Service

Enclosures1

May 20 , 2015

U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to §333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Exclusive Aerial

, LLC, operator of Small Unmanned Aircraft Sy stems (sUAS) equippe d to conduct aerial filming and photographing to include: infrastructure inspections, aerial acquisition (mapping), real estate, and other applicable areas for pre

- planned, controlled areas, hereb y applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be esta blished by

the Federal Aviation Administration (FAA) as required b y §333.

As describe d more full y below, the requested exemption would permit the operation of small, unmanned and multi

- rotor aircraft under controlled conditions in airspace that is 1) contained 2) predetermined 3) has on

- site safet y personnel controlling access, and 4) woul d provide increased safet y and enhancements to clients' business operations.

We are prepared to modify or amend any

part of this request to satisfy the need for an equivalent level of safety . We look forward to working with your office. Please contact us at any time if y ou require additional information or clarification.

The name and address of the applicant is:

Exclusive Aerial, LLC Attn: Dustin Beck Phone: (734) 717

- 8931 Email: dbeck@exclusiveaerial.com 8175 Thornhill Dr. Ypsilanti, MI 481972

The regulations from which the exemption is requested are as follows: • 14 C.F.R. Part 21 • 14 C.F.R. 45.23(b) • 14 C.F.R. 61.113(a) & (b) • 14 C.F.R. 61.133(a) • 14 C.F.R. 91.7(b) • 14 C.F.R. 91.9(b)(2) • 14 C.F.R. 91.109(a) • 14 C.F.R. 91.119 • 14 C.F.R. 91.151(a) • 14 C.F.R. 91.203(a) & (b) • 14 C.F.R. 91.405(a) • 14 C.F.R. 91.407(a)(1) • 14 C.F.R. 91.409(a)(2) • 14 C.F.R. 91.417(a)

**BACKGROUND OF PETITIONER**

Exclusive Aerial, LLC is managed b y Dustin Beck, a licensed Airline Transport Pilot with more
t han 11,000 flight hours and 20 y ears of piloting experience. He has a B.S. degree in aviation flight science and is an active member of Academy of Model Aeronautics (AMA)

. Mr. Beck maintains a first class medical and is ty pe rated in: Boeing 737 (B737), Hawker 800xp (HS

- 125), Beech Jet 400 (BE

- 400), and Diamond Jet (MU

- 300) aircraft. Mr. Beck also maintains and exercises a current Certificated Flight Instructor (CFI) certificate. Mr. Beck will operate small UASs under the same high standards and profes sionalism he currentl y practices in the airline industry

.

**PUBLIC INTEREST AND HOW THE PUBLIC WILL BENEFIT**

The exemption request will permit Birds Ey e Aeri al Drones, LLC to operate sUASs commerciall y for the purpose of aerial filming and photographing i nspections of infrastructure, aerial acquisition (mapping), real estate, and other applicable areas. Exclusive Aerial , LLC will provide a service that is beneficial to an industry that is already

using, and seeking to use, sUASs for these purposes with a legal and safe option. This will benefit the public with the controlled operation of sUASs and increase integration into the National Airspace S ys tem (NAS).

Exclusive Aerial , LLC sUASs are battery powered and serve as a safe, efficient, and economical

a lternative 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 a sUAS would reduce the amount of manned aircraft in the NA S, reduce noise and air pollution, as well as increase the safet y of life and propert y in the air and on the ground.

Conducting aerial acquisitions with Ex clusive Aerial , LLC sUASs, instead of manned aircraft, will greatly

benefit the public by

drasticall y reducing the levels of air and noise pollution generated during traditional aerial survey flight operations.3

Previously

high resolution digital aerial real estate photography was onl y affordable to a few select agencies with deep pockets. Exclusive A erial , LLC would like to help change this by employ ing our sUASs and make aerial photography affordable to every one.

High qualit y aerial imagery and data can provide new and enhanced information about a location being survey ed, inspected, or otherwise m easured

.

**PUBLIC SAFETY**

First, and most importantly is safet y. Construction continues to be one of the most dangerous industries in our United States economy . Allowing Birds Ey e Aerial Drones, LLC sUASs operations on construction sites, for the purpose of infrastructure inspection, enables safet y managers to gain valuable, on demand, aerial images. As a result, safet y m anagers can identify possible hazards that may jeopardize worker health.

Utilizing Birds Ey e Aerial Drones, LLC sUAS for aerial acquis itions will not have detrimental effects to the environment caused b y operating a combustible fuel based, large scale manned aircraft.

Whether helping to protect the public, inspecting infrastructure or acquiring aerial imagery

, sUASs provide real

- time situational awareness, enabling better decision

- making. Better decision

making saves lives and protects property

.

**PRIVACY** All flights will occur over private or controlled access property with the property

owner’s or controlling authorit y’s prior consent and knowledge. Aerial photograph y/ filming will be of people who have also consented to being photographed or otherwise have agreed to be in the area where filming will take place.



### Airworthiness of the Inspire

The DJ I Inspire 1 is small, light weight, an d will operate at slow speeds, close to the ground, far from airports and in a low risk, low population environments. Approval of this exemption would thereb y enhance safet y and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibi lities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft sy stems in the national airspace s ys tem.”

A critical element of the exemption application involves evidence of the airworthiness of the Inspir e. EA believes that it is in compliance with the requirements of Order 8130.34C, Airworthiness Certification of Unmanned Aircraft Sy stems and Optionall y Piloted Aircraft, in its use of s ys tem developed by DJ I. 3 The Inspire has a high degree of redundancy and numerous safet y features, including:

 Return

- to

- home failsafe in the event of a loss of communications or low battery

 Configurable Geo

- fenced limitations for area of operation and altitude

 Configurable limitations for vertical and horizontal speed

 High visibility

lighting sy stem4

 Interactive on screen display for streaming real time sy stems data.



### Mandatory Operating Conditions

Grant of the exemption to E xclusive A erial, LLC will be subject to the following mandatory conditions, which are based upon operating conditions set forth for operation of UAS by public entities pursuant to Certificates of Authorization, with additional restrictions:

• Operations to be conducted over private or controlled

- access property

. • Permission from land owner/controlle r required before commencing any flight. • Operations to occur during Visual Flight Rules Meteorological Conditions (VMC). • Aircraft to remain withi n Visual L ine of Sight (VLOS). o VLOS guaranteed with a cy linder of operation around operator of 1 ⁄ 2 nautical miles (NM). o Cy linder walls may

be expanded by

observer with ability

to control aircraft. • Operations to occur during day light hours. • Above Ground Level (AGL) altitude to be restricted to 500 feet and below

. • All operations conducted in vicin ity of airport to remain more than 2.5 NM from centerline azimuth of runway

centerline measured from runway thresholds. Unless otherwise approved by local airport authorit y and NOTAM’d as such • Operator will file a NOTAM for each flight, as required. • A ll required permissions and permits will be obtained from territorial, state, county or cit y jurisdictions, including local law enforcement, fire, or other appr opriate governmental agencies.



### Operator Requirements

E xclusive Aerial, LLC respectfully propos es that operator requirements should take into account the characteristics of the particular UA S. Certain UASs, such as the DJ I In spire 1 , are characterized b y a high degree of pre

- programmed control and various built

- in technical capabilities that limit th e potential for operation outside of the operating conditions set forth above.

The Inspire has a semi

- autonomous navigation and control sy stem comprised of a Ground Control Station (GCS) and auto pilot sy stem. Flights can be pre

- programmed and operate with GPS guidance and may not require human intervention. Additional automated safety functions and safet y enhancing features of the Inspire include the following:

• Auto

- pilot detection of lost GPS or of insufficient satellites initiates an immediate vertical landing, unless overridden b y pilot in command. • L ow power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels. • If the auto

- pilot detects a lost

- link to the GCS for longer than 30 seconds, return

- to

home sequence initiates. • Aircraft has an on

- board failsafe that limits vertical speed to approximately 6 m/s (configurable). • The aircraft, weighing less than 7 lbs., fully loaded, is constructed of composite material5

intended to absorb impact energy

. • The motors are driven by pulse width modulated signals, not analog signals.

Given these safet y features, E xclusive A erial, LLC proposes that the operator and Inspire 1 together are more than qualified to operate commercial flights while maintaining the highest level of safety

s tandards.

Additionally , no national securit y issue is raised by the g rant of the requested exemption . Given the size, load carry ing capacity , speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the Ins pire poses no threat to national securit y. The operator has also had extensive TSA background screenings for his current employ ment required under FAR Part 121.

**LIST OF ATTACHMENTS** 1. Pre Flight/Post Flight Checklist 2. DJI I nspire 1 , Operating Manual 3. DJI I nspire1, Maintenance Manual 4. DJI I nspire1, Safet y Guidelines 5. DJI I nspire1 Quickstart Guide 6. DJI I nspire1 Intelligent Flight Battery Safet y Guidelines 7

. DJI Disclaimer and Warning document for Inspire1

**APPENDIX A**



### EXEMPTION REQUEST AND EQUIV ALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

E xclusive Aerial, LLC requests an exemption from the following regulations as well as any additional regulations that may technicall y appl y t o the operation of the Inspire:



### 14 **C.F.R. § 45.23(b):** Marking of the Aircraft

The regulation provides:

When marks include only the Roman capital letter “N” and the registration number is display ed on limited, restricted or light

- sport category aircraft or experimental or provisionally cer tificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable.

The Inspire has no entrance to the cabin, cockpit, or pilot station on which the word “Experimental” can be placed. Given the size of the UAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on the forward fuselage in compliance with § 45.29(f).6

The equivalent level of safet y will be achieved b y having the Inspire marked as required b y § 45.29(f) where the pilot, observer, and others working with the UAV will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation, Exemption Nos. 10700, 8738, 10167 and 10167A.



### 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203(a)(1) requires all civil air craft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft (under 7lbs.) and the limited operating area associated with its utilization, it is
unnecessary

to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safet y levels. Such an exemption meets the requireme nts of an equivalent level of safet y under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon considera tion of the size, weight, speed, operational capability , and proximity to airports and populated areas of the UAS involved.

In this case, an anal ys is of these criteria demonstrates that the Inspire operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The Inspire weighs less than 7 lbs. fully loaded. It will not carry

a pilot or passenger, will not ca rry flammable fuel, and will operate exclusively within an area pre

- disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by

both the operator, pursuant to the conditions set forth above, and by local public safet y requirements. The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt of the prior permission of the land owner, the size of the aircraft, the lack of flammable fuel, and the fact tha t the aircraft is carried to the location and not flown there all establish the equivalent level of safet y. The Inspire construction with absorbent material provides at least an equivalent level of safet y to that of such operations being conducted with con ventional aircraft that would be orders

- of

- magnitude larger and would be carry ing passengers, cargo, and flammable fuel.



### 14 C.F.R. § 61.113(a) & (b); 61.133(a) : Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Li mitations. Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry

a pilot or passengers, the proposed operations can achieve the equivalent level of safet y of current operations by requiring the PI C op erating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance . The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by P art 61 when drafted, that allowing operations of the sUAS as requested with a private pilot or higher rating as the PI C exceeds the present level of safet y achieved by 14 C.F.R. §61.113 (a) & (b)7



### 14 C.F.R. § 91.7(a): Civil aircraft airworthiness. This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the Inspire without an airworthiness certificate, no standard will exist for airworthiness of the Inspire. Given the size of the aircraft and the requirements that have presumably already been met in the SAC approval process for the Inspire (for instance, the Inspire’s Maintenance & Inspection Manual and Safet y Checklist), an equivalent level o f safety will be achieved by

insuring compliance with the E xclusive A erial, LLC manuals prior to each flight.



### 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. The regulation provides: No person may

operate a U.S.

- registered civil airc raft ... (2)...For which an Airplane or Rotorcraft Flight Manual is not required b y §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof.

Given the size and configuration of the Inspire, it has no ability or place to carry

such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity

to carry such an ite m on the aircraft. The equivalent level of safet y will be achieved b y keeping the flight manual (see, e.g., User Guide, Exhibit 2) at the ground control point where the pilot fly ing the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.



### 14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction These regulations provide that no person may operate a civil aircra ft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls. The Inspire is a remotely piloted aircraft and by

design, does not have full y functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The flight plan is pre

- programmed into the auto pilot before flight and onl y in unusual circumstances will the pilot input control functions to alte r the
pre

- programmed flight. If instruction is accomplished through a training program, as set forth in Exhibit 2, an equivalent level of safet y will be assured. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safet y will be achieved by the manufacturer providing the training as outlined, for example, in Exhibit 2 and through the u se of experienced and qualified pilots familiar with the I nspire 1

. 

### 14 CFR § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically , 91.119(c) limits aircraft fl yi ng over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. As set forth herein, the I nspire will never operat e at higher than 400 feet AGL

. Because aerial
survey work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.8

The equivalent level of safet y will be achieved given the size, weight, speed, and material with which the Inspire is built. Also, no flight will be taken wit hout the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affected indi viduals will be aware of the survey flights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 7 lbs. and carry ing flammable fuel, any risk associated with these operations will be far less than those current ly allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low

- altitude operations of the UAS will maintain separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.



### 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning “a flight in an airplane 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

– (1) During the day

, to fly after that for at least 30 minutes; or (2) At night, to fl y after that for at least 45 minutes.” The Inspire batteries provide approxim ately 2 0 minutes of powered flight. Without an exemption from § 14 CFR 91.151, the UAS’s flights would be limited to approximately 20 minutes in length. Given the limitations on its proposed operations and the location of those proposed operations, a longer tim e frame for flight in day light VFR conditions is reasonable. E xclusive A erial, LLC believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate wi thout compliance with 91.151(a)). Operating the small UAS, without 30 minutes of reserve fuel does not engender the t ype of risks that Section 91.151(a) was meant to prevent given the size and speed at which the UAS operates. The fact that it carries no pi lot, passenger, or cargo also enhances its safet y. In the unlikel y event that the Inspire 1 should run out of fuel, it would simply

land. Given its weight and construction material, the risks are less than contemplated b y the current regulation. E xclusive A erial, LLC believes that an equivalent level of safet y c an be achieved by maintaining 25% battery reserve , which would be more than adequate to return the UAS to its planned landing zone from a ny where in its operating area.



### 14 C.F.R. § 91.203 (a) & (b): Carry ing Civil Aircraft Certification and Registration This regulation provides as follows: (a)...no person may

operate a civil aircraft unless it has...an appropriate and current airworthiness certificate. (b) No person may

operate a civil aircraft unles s the airworthiness certificate required by paragraph (a) of this section or a special flight author ization issued under §91.715 is display ed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The Inspire 1 fully

loaded weighs no more than 7 lbs. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. In addition, there is no pilot on board the aircraft.

An equivalent level of safety will be achieved by

keeping these documents at the ground control point where the pilot fl yi ng the UAS will have immediate access to them. The FAA has issued

numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.9



### 14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requ ires an annual inspec tion for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed p ilots and records of approval of the aircraft for return to service.

Maintenance of the Inspire will be accomplished by the owner/operator pursuant to the manuals, such as Exhibit 3 , provided by E xclusive A erial, LLC . An equivalent level of safet y will be achieved because the UAS is small in size, will operate onl y in restricted predetermined areas, and is not a complex mechanical device. As provided in the attached User Manual and the Safet y Checklist, the operator of I nspire 1 will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of an y m aintenance that is performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety

.

**APPENDIX B**



### SUMMARY OF **EA SECTION 333 EXEMPTION REQUEST** 

E xemption n umbers 11606, 11607, and 11558 are just a few of the past granted exemptions using the Inspire1 and the similar purposed uses and a s such, they should be taken into consideration. In addition, we believe the substantial experience of the PIC weighs heavil y in favor of granting an exemption. E xclusive A erial LLC hereb y provides pursuant to Part 11 a
summary of its exemption application to allow commercial operation of the Inspire unmanned aircraft in precision aerial survey

, inspection, video, and photo work. An exemption is requested from the following regulatio ns:

• 14 C.F.R. Part 21 • 14 C.F.R. 45.23(b) • 14 C.F.R. 61.113(a) & (b) • 14 C.F.R. 61.133(a) • 14 C.F.R. 91.7(b) • 14 C.F.R. 91.9(b)(2) • 14 C.F.R. 91.109(a) • 14 C.F.R. 91.119 • 14 C.F.R. 91.151(a) • 14 C.F.R. 91.203(a) & (b) • 14 C.F.R. 91.405(a) • 14 C.F.R. 91.407(a)(1) • 14 C.F.R. 91.409(a)(2) • 14 C.F.R. 91.417(a)10

**THE APPLICABLE LEGAL STANDA RD UNDER SECTION 333** 

Exclusive Aerial , LLC submits that grant of this exemption application advances the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of sUASs into the NAS if it can be accomplished safely . This law directs the Secretary of Transportation to consider whether certain UASs may operate safel y in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. I n making this determination, the Secretary is required to determine which t ypes of UASs do not create a hazard to users of the NAS, the public, or pose a threat to national securit y in light of the following:

● The UAS’s si ze, weight, speed, and operational capability ; ● Operation of the UAS in close proximity to airports and populated areas; and ● Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safel y in the national airspace s ys tem, the Secretary shall establish requirements for the safe operation of such aircraft in the n ational airspace s ys tem.” Id.§ 333(c).

The Federal Aviation Act expressly grants the FAA the authorit y to issue exemptions. This statutory authorit y, b y its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, from the requirement that all civil aircraft must have current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:

The Administrator may grant an exemption fro m a requirement of a regulation prescribed under subsection (a) or (b) of this section or an y of sections 4470244716 of this title if the A dministrator finds the exemption is in the public interest.

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended;
t he strong equivalent level of safet y surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with use of s UASs for aerial videograph y/

photography , the reduction or elimination of unregu lated operators, and the safe i ntegration of UASs. Accordingl y, the applicant respectfull y requests that the FAA grant the requested exemption without delay

.

**Conclusion**

As set forth herein, Exclusive Aerial , LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 from the requirements of 14 CFR § 21; 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 (b); 91.109 (a); 91.119 (c); 91.121; 91.151 (a); 91.203; 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b), which will permit safe operation of the sUASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial imagery over small , defined operational areas of the United States.11

Approval of the exemption allowing commercial operations of Exclusive Aerial , LLC sUASs will increase safet y b y permitting an operator to conduct a service safel y b y adhering to the prescribed guidelin es. The exemption will also encourage the education of sUAS operators and the adoption of FAA guidelines and approval for commercial sUAS operations as pertains to Birds E ye Aerial Drones, LLC employ ees and contractors. It will allow Exclusive Aerial , LL C to provide a service that benefits the public and local businesses. It benefits the public through a higher level of safet y of sUAS operations and through a smooth integration of sUASs into the NAS. Having a pilot owned business bridges the gap between the advancement of sUAS technology

and the current practices and operations in the NAS and with the FAA. This assists the FAA with its mission of promoting aviation while preserving safet y of aviators, the public, and propert y. The sUASs operated by Excl usive Aerial , LLC satisfies the criteria set forth in §333 of the Reform Act

– size, weight, speed, operating capabilities, operation within visual line of sight, and national security

– and showing an equivalent level of safet y to manned aircraft flights thro ugh appropriate pilot certification and safet y focused standards of operation, providing more than adequate justification for the grant of the requested exemptions allowing commercial operations. By granting this Petition, the FAA Administrator will be fu lfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Exclusive Aerial , LLC to safel y, efficientl y, and economically

operate the sUASs commercially within the NAS.

Thank y ou for y our review of this matter

.

Respectfully

,

Dustin Beck ATP#3030128 CFII#3030128

Exclusive Aerial, LLC