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- 1 Lutjen, Inc .’s Petition for Exemption

For Purposes of Operating Small Unmanned Aircraft System

FAA Rules Docket:

____________

Name and Address of Petitioner

Lutjen, Inc. 1301 Burlington Street #100
North Kansas City, MO. 6411 6 Counsel for Petitioner

Thomas L. Gemmell

HUSCH BLACKWELL LLP 120 South Riverside Plaza, 22 nd Floor Chicago, Illinois 60606 (312) 526

- 1523 tom.gemmell@huschblackwell.com

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- 1 TABLE OF CONTENTS

Pag e

GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTION AND INTERESTS OF PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION

................................ ................................ ................................ ........................ 5

NAME AND ADDRESS OF PETITIONER

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

WHY GRANTING LUTJEN ’S REQUEST WOULD BE IN THE PUBLIC INTEREST

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

WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

...... 8

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH LUTJEN SEEKS EXEMPTION

....... 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

......................... 28

ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS SUPPORT ING LUTJEN ’S

RE QUEST

................................ ................................ ................................ ......................... 28

CONCLUSION

................................ ................................ ................................ .................... 2 8

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- 1 GLOSSARY OF ABBREVIATIONS

AD Airworthiness Directives

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 DHS Department of Homeland Security EPA Environmental Protection Agency

FAA Federal A viation Administration

FAR Federal Aviation Regulation

FCC Federal Communications Commission

FMRA FAA Modernization and Reform Act of 2012

FPV First Person View

GCS Ground Control Statio n GPS Global Positioning System

LOL Loss of Link
LSA Light Sport Aircraft

MSL Mean Sea Level

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot i n Command

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

SO Safety Observer

SOP Standard Operating Procedures SVFR Special Visual Flight Rules

UA Unma nned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules
VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

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- 1 SUMMARY

Lutjen, Inc. (Lutjen) s eeks exemption from the requirements of 14 C.F.R §§ 61.23(a), 61.101(e)(4) and (5), 61.315(a), 91.7(a), 91.119(c)

, 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

Se ction 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Lutjen to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for land planning, GIS services, survey p lanning, sustainable design and predevelopment services within the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Lutjen will provide its clients with the highest quality digital content for use in their land planning, GIS services, survey planning, sustainable design and predevelopment projects

. Lutjen has been developing relationships with clients, regulatory agencies and other professionals in the building industry for a quarter of a century. Lutjen has earned a solid reputation for achie ving client goal s while keeping state of the art technology in the forefront. The objective of Lutjen’s aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targe ting:

• Land Planning

• GIS S ervices

• Land Surveying

• Predevelopment Design Services

BACKGROUND

Unmanned Aircraft Systems: DJI Inspire 1 UAS

Lutjen seeks an exemption to operate the DJI Inspire 1 UAS for compensation or hire within the

United States. The D JI Inspire 1 UAS (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 Inspire 1 is an electric powered rotary wing UAS that is capable of

tra nsmitting live airborne video images and location information to a Ground Control Station (GCS). The Inspire stores the photographs and data on board and makes them available for download after completion of the flight. The Inspire 1 is 22 in x 22 in x 8 i n and weighs 6.4 pounds, well under the 55 lbs . mandated maximum weight in the FMRA. The Inspire 1 can conduct hovering flight and has a maximum cruising speed of 42 knots. It is battery powered, has a flight endurance of 22 minutes and can operate in temp eratures ranging from 0° to 40° C. The Inspire 1 has an omni

- directional antenna and has a range of 2.1 km and operates in the

2.420

– 2.483 GHz frequency range. The Inspire 1 that will be operated b y Lutjen 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.

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- 1 BASIS FOR PETITION

Petitioner , pursuant to the provisions of the Federal Avi ation 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 Inspire 1 UAS in the Nationa l Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 61.3 15(a), 61.23(a), 91.7(a), 91.119(c), 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 an d its operation, Lutjen ’s operation of the Inspire 1 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate i n accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Lutjen requests rel ief 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 wit h an airworthiness certificate.

Lutjen submits that the requested relief is proper since an equivalent level of safety wil l be ensured. Lutjen will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenan ce on the Inspire 1 UAS ’ s using the methods, techniques, and practices prescribed in the DJI Inspire 1 User Manual (as published and updated by DJI),

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

, the Intelligent Flight Battery Safety Guidelin es (as published and updated by DJI), a n d the DJI Inspire 1

Maintenance Manual

. All DJI published and updated materials (in their most current and up

- to

date form) are publicly available for download at http://www.dji.com/product/inspire

- 1/download

and are he reinafter referred to as “ Operating Documents

. ” Furthermore, Lutjen will document

and maintain all maintenance records for the Inspire 1 UAS.

Relief from certain requirements of Section 61.101 (e)(4) and (5) entitled Recreational pilot privileges and l imitations: Pilot in command, and from Section 61.315(a) entitled What are the privileges and limits of my sport pilot certificate, and from Section 61.23(a) entitled Medical certificates: Requirements and duration, is requested by Lutjen to the extent nec essary to allow a Pilot in Command (PIC) holding a sport pilot or higher level certificate, as well as a valid driver’s license, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the Inspire 1 in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Lutjen seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the Inspire 1 do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Lutjen submits that it will ensur e that the Inspire 1 is in an airworthy condition, prior to every fl ight, by determining that the Inspire 1 is in compliance with the Operating D ocuments , and that the aircraft is in a condition for safe flight.

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- 1 Lutjen also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the Inspire 1 will not have a typical barometric altimeter onboard. However, altitude information of the Inspire 1 will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, wh ich downlinks from

the UA S to the GCS for active monitoring of the flight path. This altitude information, comb ined with Lutjen operation of the Inspire 1 within visual line of sight, at or below 200 feet AGL, will ensure a level of safety equivale nt to Section 91.121.

Additionally, Lutjen seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . Lutjen submits that safety will not be affected by operation of the Inspire 1 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 fl y after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Lutjen provides the following information in support of its petition for exemption:

A. Name and Address of the Petitioner.

Lutjen 1301 Burlington Street #100 North Kansas City, MO . 64116

B. Why Granting Lutjen ’s Request Would Be i n the Public Interest; That Is, H ow It

Would Benefit The Public as a Whole.

Granting the present p etition will further the public interest by allowing Lutjen to safely, efficiently, and economi cally conduct aerial video and photography of land planning, GIS services, survey planning, sustainable design and predevelopment services over certain areas

of the United States.

Additionally, use of the Inspire 1 will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Lutjen ’s proposed operation of the Inspire 1 will be realized without implicating any privacy issues.

1. Public will Benefit from Decreased Congestion of the NAS.

The Inspire 1 i s battery powered and serve 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 acqu isitions, an exemption allowing the use

of a n 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.

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- 1 Furthermore, by redu cing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The Inspire

1 do es not require an airport to takeoff or land. Likewise, a reduction of manned aircraft

co nducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public will Benefit from the Safety and Efficiency of the Inspire 1

.

Conducting aerial acquisitions with the Inspire 1 , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during

traditional aerial video and still photography flight operations. By using battery power and
electric motors, the Inspire 1 produce s no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion en gine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per

hour of leaded aviation fuel. The Inspire 1 , while reducing the carbon footprint of aerial acquisitions, also elimina tes noise pollution, as the UAS is propelled by battery powered electric motors, rather than an internal combustion engine. By using the Inspire 1 to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the Inspire 1 (weighing approximately 6.5 pou nds 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 typically c onduct 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 Inspire 1 will

Benefit t he Economy.

In addition to being safe and efficient, the Inspire 1 is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the Inspire 1 will allow United States based compani es, like Lutjen 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 aviation fuels, U.S. owned and ope rated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered Inspire 1 is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the Inspire 1 , companies such as Lutjen can remain competitive and profitable, and therefore, provide greater job stability to employees and contractor s which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the Inspire 1 , provides a stable workforce that increases 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.

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- 1 4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations t hat have been conducted for
decades, Lutjen proposed operation of the Inspire 1 will not implicate any privacy issues. Specifically, the Inspire 1 will be operated only in compliance with the conditions set forth in any exemption granted un der this petition.

C. Wh y Granting the Exemption would not Adversely Affect Safety

.

1. Why The Inspire 1 Meet s The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weigh t, speed, and limited operating area associated with the unmanned aircraft and its operation, Lutjen operation of the Inspire 1 meet s the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. 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 pose a threat to nat ional 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

d etermine 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 A ircraft 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

2. Whether a certificate of waiver, certificate of authorization, or airworthi ness 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 Safe Operation.

-- If the Secretary determines under this section that

certai n 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 national airspace system. In seeking this exemption, Lutjen submits that the Inspire 1 can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Inspire 1 ; (b) the pilot certification requirement; and (c) the specific operating limitations.

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- 1 a. The Specifications of the Inspire 1 Demonstrate its Safe Characteristics.

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

(i) Technical Specifications Of The Inspire 1

.

The technical specifications of the Inspire 1 are set forth by the DJI Inspire 1 UAS Specifications and Data Sheet

, https://www.dji.com/product/inspire

- 1/spec

.

(ii) The Insp ire 1 autonomous flight and nav igation modes enable the UAS to remain within a defined operational a rea.

The Inspire 1 may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the Inspire 1 is prov ided in the DJI Inspire 1 UAS User Manual of the Operating Documents ( http://www.dji.com/product/inspire

1/download )

.

(iii) The Inspire 1 is designed for automatic return to home point or Hover in the event of

loss of the control link or n avigation.

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

UA S will assume that the Control Link is lost and the UA S will return to the home position (i .e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the Inspire 1 are set forth in the DJI Inspire 1 User Manual of the Operating Documents ( http://www.dji.com/product/inspire

1/download )

.

(iv) The Inspire 1 GCS and its o peration.

A complete description of the operation and specifications of the Inspire 1 GCS and flight control software is provided in the DJI Inspire 1 User Manual of the Operating Documents ( http://www.dji.com/product/inspire

- 1/download )

.

b. Flight Operations of Inspire 1 are Limited to the Line of Sight of a Certificated Pilot in Command with a Safety Observer.

Lutjen will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pil ot in command (PIC) of the Inspire 1 . Additionally, a safety observer will assist all pilots during flight time.

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- 1 c. Flights of Inspire 1 W ill B e Conducted Pursuant to Specific Operating Limitations.

In seeking this exemption

, Lutjen propo ses to commercially operate the Inspire 1 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 exem ption will be limited to the following aircraft

described in the O per ating D ocuments, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI In spire 1 UAS . Proposed operations of any other aircraft will require a new petition or a petition t o 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 20 knots.

4. The UA S must be operated at an altitu de of no more than 200 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 wit hin 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.

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 communic ate verbally 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 ca n perform the functions prescribed in the Operating Documents

.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the c amera or other instruments.

9. The Operating Documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator of the FAA (Administrator) upon request. If a discrepancy exists between the conditions and lim itations contained in the grant of exemption and the procedures outlined in the Operating Documents , the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its Operating Documents . The operator may update or revise its Operating Documents . It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must a lso present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must p etition for

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- 1 amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) ma y 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 i s in a condition for safe 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 s afe 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

o r 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.

12. The pre

- flight inspection must account for all po tential 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, inspec tion, 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 pa rts 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. The UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

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

17. The PIC must possess airline transport, commercial, private, recreational or sport pilo t

certificate

. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government.

18. The operator may not permit a ny 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 be 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. § 61.5 1(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants , and the PIC must operate the UA S with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

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

a. All operations must be conducted under visual meteorologi cal 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 S may not operate within 5 nautical m iles 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 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 S 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 statut e miles from the PIC.

22. If the UA S loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in

accordance with the Operating Documents

.

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

accordance with the Operating Documents

.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA S with 25% battery power remaining.

25. In the event the intended operations do not qualify for the FAA’s blanket 200

- foot Certificate of Waiver or Authorization (COA), t he operator must obtain an Air Traffic Orga nization (ATO) issued COA prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. A ll 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 sp ectrum 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 under 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 op erations

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- 1 and activities at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons 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 person s 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 aircraft is operated near vessels, vehicles or structures whe re 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 it 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 author ized 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 a rea 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. The FAA M ay Prescribe A ny O ther 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, Lutjen requests that the FAA prescribe special conditions for the intended operation of the Inspire 1 , 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, Su bpart 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 the 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 securit y; and further, provides the authority for such UAS to operate without airworthiness certification in accordance 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 Inspire 1 , since the airworthiness regulations 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 adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of

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- 1 a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety sta ndards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

D. The Specific Sections of 14 C.F.R. from which Lutjen seeks Exempti on, The Extent

of Relief Lutjen s eeks, the Reason Lutjen seeks the Relief, and 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

w hich Lutjen seeks Exemption.

1. Lutjen seeks Exemption from the Requirements of Section 61.23(a).

Section 61.23, entitled Operations requiring a medical certificate: Requirements and duration, subsection (a) prescribes the following, in relevant part:

( a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person

—

(3) Must hold at least a third

- class medical certificate

—

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

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

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

Extent of Relief Lutjen seeks and the Reason Lutjen seeks Relief from Section 61.23(a).

Relief from Section 61.23(a ), entitled Operations requiring a medical certificate : Requirements and duration , is requested to the extent required to necessary to allow a PIC holding a sport pilot certificate or higher level certificate, as well as a current and

valid driver’s licens e, to conduct the proposed UAS flight operations for compensation or

hire.

This relief is requested since the limitations set forth in Section 61.23(a) otherwise require the PIC of any flight for compensation or hire to hold a comprehensive

FAA issued me dical certificate. In Exemption No. 11213 to Aeryon Labs, Inc., the FAA “finds that, because of the risk mitigations established in the conditions and limitations of this exemption, a person that holds a U.S. issued driver’s license who is operating a

UAS will not adversely affect safety. The FAA is granting relief from § 61.23(a) to allow any pilot that holds one of the pilot’s certificates discussed above to operate a UAS under this exemption with a U.S. issued driver’s license, in lieu of an FAA

- issued

m edical certificate. The FAA is also granting relief from § 61.23(c) to allow sport pilot certificate holders to operate aircraft other than LSA with a U.S. issued driver’s license under this exemption.

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- 1 W hy an Exemption from the Requirements of Sec tion 61.23(a) would not Adversely Affect Safety.

In exemption nos. 11213 and 11578, the FAA previously found that because of the risk mitigations established in the conditions and limitations of that exemption (which are substantially similar to the condi tions and limitations set forth above), a person that holds a U.S. issued driver’s license who is operating a UAS will not adversely affect safety.

2. Lutjen seeks Exemption from The Requirements of Section 61.101(e)(4) and (5).

Section 61.101, entitled Re creational pilot privileges and limitations: Pilot in command, subsection s (e)(4) and (5) prescribe the following, in relevant part:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft.

(4) For compensation or hire;

(5) In furtherance of a business;

Extent of Relief Lutjen seeks and the Reason Lutjen seeks Relief from Section 61.101(e)(4) and (5).

Relief from Section 61.101(e)(4) and (5) entitled Recreational pilot p rivileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a recreational or higher level certificate who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations fo r compensation or hire.

This relief is requested since the limitations set forth in Section 61.101(e)(4) and (5) state that a recreation pilot may not, for compensation or hire.

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

s afety will be maintained because no PIC will be allowed to operate the Inspire 1 unless that PIC has met certain flight

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

W hy an Exemption from the Requiremen ts of Section 61.101(e)(4) and (5) would not Adversely Affect Safety.

Lutjen submits that the equivalent level of safety established by Section 61.101(e)(4) and (5) will be maintained because no PIC will be allowed to operate the Inspire 1 unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the Inspire 1 in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropri ate distances from people, vessels, vehicles and structures. Considering Lutjen proposed area of operations, and the operating limitations set forth

-

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- 1 above; the parallel nature of sport pilot aeronautical knowledge requirements to those of commercial pilot requirements; and the airmanship skills necessary to safely operate the Inspire 1

, Lutjen submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Lutje n specific proposed flight operations.

The FAA has previously granted relief from Section 61.101(e)(4) and (5)) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11213 and 11578).

Lutjen will not allow any PIC to operate the Inspire 1 unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the Inspire 1 training and currency requirements, that the PIC is able to safely operate the Inspire 1 in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Lutjen seeks Exemption from The Requirements of Section 61.113 (a) and (b).

Sec tion 61.113 entitled Private Pilot Privileges and Limitations: Pilot in

Com mand, subsections (a) and (b) state the following:

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in co mmand 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.

Extent of Relief Lutjen seeks and the Reason Lutjen 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 h igher level certificate, as well as a current and valid airman medical 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 for compensation or hire.

As set forth more fully below, Lutjen submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the Inspire 1 unless that PIC

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- 1 has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the Inspire 1 in a manner consistent with the operations specifications as described in this exemption, including evasive and em ergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles

and structures.

Further, Lutjen submits that all flights of the Inspire 1 conducted by the PIC pursuant to the grant of this Petition: (1) will be incid ental to Lutjen Inc’s, business; and (2) will not carry passengers or property for compensation or hire.

W hy an Exemption from the Requirements of Section 61.113(a) and (b) would not Adversely Affect Safety.

Lutjen submits that the equivalent le vel of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the Inspire 1 unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to sa fely operate the Inspire 1 in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Lutjen proposed area of operations, and the operating limitations set forth

above; the parallel nature of sport pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the Inspire 1

, Lutjen submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Lutjen specific proposed flight operations.

The FAA has previously granted relief from Se ction 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, 11080, 11109, 11110,
11112, 11136, 11138, 11150, 11153, 11156, 11158, 1115 9, 11160, 11161).

Lutjen will not allow any PIC to operate the Inspire 1 unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the Inspire 1 training and currency requirements, that the PIC is able to safely op erate the Inspire 1 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 additio n 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, prior documented flight experience that was obtained in compliance with applicable

r egulations will ensure an equivalent level of safety during Lutjen proposed operations. The Administrator has held that prior documented flight experience that was 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

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- 1 61.5 1(b), 25 hours of t otal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- 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 sa me make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rot or time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings 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 proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtain ed in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

building flights the PIC is required to operate the UA with appropriate distances in

accordance with 14 C.F.R91.119.

Exemption No. 11138 at page 15.

Accordingly, Lutjen will ensure safe operations by not allowing any PIC to operate the I nspire 1 unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the Inspire 1 in a manner consistent with the exemption, including evasive and emergency maneuvers

and m aintaining appropriate distances from people, vessels, vehicles and structures.

4. Lutjen seeks Exemption from the Requirements of Section 61.315(a).

Section 61.315(a), entitled What are the Privileges and Limits of my Sport Pilot Certificate, subsection ( a) prescribe the following, in relevant part:

(c) You may not act as pilot in command of a light

- sport aircraft:

(2) For compensation or hire. (3) In furtherance of a business.

Extent of Relief Lutjen seeks and the Reason Lutjen seeks Relief from Sectio n 61.315(a).

Relief from Section 61.315(a) entitled “ What are the privileges and limits of my sport pilot certificate” , is requested to the extent necessary to allow a PIC holding a sport pilot or higher level certificate to conduct the proposed UAS flig ht operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.315(a) restrict a sport pilot from acting as the PIC of any flight for compensation or hire, or for the furtherance of any business.

In Exemp tion No. 11213 to Aeryon Labs, Inc., the FAA re

- assessed the level of

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- 1 pilot certificate that would be appropriate for the petitioner’s operations. In evaluating this petition, similar to the evaluation of the private and commercial pilot certificates in

Ex emption No. 11062, the agency compared the aeronautical knowledge requirements of the recreational and sport pilot certificates to those of the private pilot certificate. They found that the aeronautical knowledge requirements that would be applicable to a UAS operation for a recreational pilot and sport pilot certificate are substantially similar as those for a private pilot certificate.

Additionally, similar to the private and commercial pilot certificates, holders of recreational and sport pilot certif icates are subject to security screening by the Department of Homeland Security (DHS).

Therefore, because they must demonstrate aeronautical knowledge relevant to UAS operations and are subject to DHS screening, factors that were considered by the

FAA in allowing private pilot operations under previous exemptions, the FAA now determines that holders of recreational and sport pilot certificates may serve as the PIC for UAS operations.

W hy an Exemption from the Requirements of Section 61.315(a) wou ld not Adversely Affect Safety.

In exemption nos. 11213 and 11578, the FAA previously found that holders of sport pilot certificates may serve as PIC for UAS operations as they have demonstrated aeronautical knowledge relevant to UAS operations, are subje ct to Department of Homeland Security screening, and risk is also mitigated through conditions and limitations regarding PIC training.

5. Lutjen seeks Exemption from the Requirements of Section 91.7(a).

Section 91.7, entitled Civil Aircraft Airworthiness , s ubsection (a), states the following:

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

Extent of Relief Lutjen seeks and the Reason Lutjen seeks Relief from Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircr aft airworthiness , is requested to the extent required to allow Lutjen to determine that the Inspire 1 is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the Operating

Documents

.

Lutjen seeks the reques ted relief because the Inspire 1 does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Lutjen will ensure that the Inspire 1 is in airworthy condition based upon its compliance

with the Op erating Documents prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

W hy an Exemption from the Requirements of Section 91.7(a) Would Not Adversely

Af fect Safety.

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

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- 1 because prior to every flight, Lutjen will ensure that the Inspire 1 is in an airworthy condition based upon the UAS’s compliance with its Operating Doc uments 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. 1106 2, 11063, 11064, 11065,
11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Lutjen seeks Exemption from the Requirements of Section 91.119(c).

Section 91.119(c), entitled Minimum safe altitudes : General, subsection (c) state the following:

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

*** (c) Over other than congested areas. An altitude of 500 feet above the surface,
except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Extent of Relief Lutjen seeks and the Reason Lutjen seeks Relief from Section 91.119(c).

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over areas other than congested areas. An exemption from subsection 91.119(c) is necessary because, pursuant to this Petition, the Inspire 1 U S will at almost all times be operated below 400 feet AGL.

W hy an Exemption from the Requirements of Section 91.119(c) Would Not Adversely Affect Safety.

An equivalent or even higher level of safety can be provided instead by operating the Inspire 1 within the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and deconfliction with any persons or property in the air and on the ground, including participating and non

- participating personnel. Further the Inspire flight operations will be monitored at all times by both the PIC and VO and will be in compliance with local public safety requirements, so as to prevent access to the restricted areas of operation.

The FAA has previously granted exemptions in circumstances similar, in all material
respects, to those presented herein (e.g. Exemption Nos. 111062 (Astraeus Aerial), 11063 (Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065 (HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.).

7. Lutjen 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

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- 1 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 equipped with a radio, the elevation of the departure airport or an appropriate altimete r setting available before departure.

Extent of Relief Lutjen seeks and the Reason Lutjen seeks Relief from Section

91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the Inspire 1 , whi ch utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UAS to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concer ning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Lutjen seeks the requested relief

because the Inspire 1 ’ s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the Inspire 1 is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight , and provides the PIC with altitude information of the UAs

on the heads

- up display of the GCS.

W hy 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 Inspire 1 will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Lutjen ’s operation of the Inspire 1 within 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 generate d by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level.

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

circumstance s similar, in al l material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112,

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- 1 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

8. Lutjen Exemption from the Requiremen ts of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight 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 c onditions) there is enough fuel to fly to the first point of the intended landing and, assuming normal cruising speed, to fly after that for at least 20

minutes.

Extent Of Relief Lutjen seeks and the Reason Lutjen seeks Relief from Section 91.151(b).

Re lief 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 powered Inspire 1 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. Lutjen seeks the requested relief because without an exemption from Section 91 .151(b), the flight time duration of the battery powered Inspire 1 will severely constrain the practicality of any aerial video or still photo flight operations that Lutjen proposes to conduct pursuant to this petition.

Significantly, as set fort h below, the technical specifications of the Inspire 1 , the Operating Documents , and Lutjen proposed operating limitations, ensure that Lutjen will safely operate the battery powered Inspire 1 during daylight hours in visu al meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly 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 minute s.

W hy 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 spe cifications of the Inspire

1 ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Lutjen will ensure that it will safely operate the battery powered DJI Inspire 1 UA during day light hours in VFR conditions, with enough battery power to fly 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.

Here, as in Exemption No. 11109, the technical specifications of the Inspire 1 ; 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 Inspire 1 provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remai ning battery power. At the critically low battery level, the Inspire

1 will descend and land automatically.

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- 1 Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the t echnical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA h as 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, 1 1136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

9. Lutjen 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 aircraf t:

(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.

Extent of Rel ief Lutjen Seeks and the Reason Lutjen seeks Relief from Section 91.405(a).

Since Section 91.405(a) only applies to aircraft with an airworthiness certificate, Lutjen requests relief from this Section because the Inspire 1 does not require

airwor thiness certificate. As set forth more fully below, the Inspire 1 meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Lutjen will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the Operating Documents (i.e., the DJI Inspire 1 User Manual

, the DJI Inspire 1 Safety

Guidelines

, the Intelligent Flight Battery Safety Guidelin es

, the DJI Inspire 1

Maintenance Manual ). Furthermore, Lutje n will document and maintain all maintenance

records for the Inspire 1

.

Why a n Exemption f rom t he Req uirements o f Section 91 .405(a) Would Not Adversely Affect Safety.

In seeking this exemption, Lutjen submits that the equivalent level of safety with regard to the regula tory maintenance and alteration requirements established by Section 91.405(a) will be met because Lutjen will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices pre scribed in the Operating Documents (i.e., the DJI Inspire 1

User Manual

, the DJI Inspire 1 Safety Guidelines

, the Intelligent Flight Battery Safety

Guidelin es

, the DJI Inspire 1 Maintenance Manual ) . Furthermore, Lutjen will document

and maintain all maintenance records for the Inspire 1

.

Since the Inspire 1 will be inspected as prescribed by the Operating Documents

, Lutjen will maintain the equivalent level of safety established by Section 91.405(a).

Likewise, the exemption sought will not adversely affect safety because Lutjen

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- 1 will use tra ined technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by

the Operating Documents

.

Significantly, previous exemptions granted by the FAA concerning Section 91.405( a) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

10. Lutjen from the Requirements of Section 91.407(a)(1).

Section 91.407, entitled Operation After Maintenance, Prevent ive 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 b y a person authorized under § 43.7 of this chapter.

Extent of Relief Lutjen Seeks and the Reason Lutjen seeks Relief from Section 91.407(a)(1).

Since Section 91.407(a)(1) only applies to aircraft with an airworthiness certificate, Lutjen requests relief from this Section because the Inspire 1 does not require airworthiness certificate. As set forth more fully below, the Inspire 1 meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Lutj en will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the Operating Documents . Furthermore, Lutjen will document and maintain all maintenance

records for the Inspire 1

.

Why An Exemption From The Requir ements Of Section 91.407(a)(1) Would Not Adversely Affect Safety.

In seeking this exemption, Lutjen submits that the equivalent level of safety with regard to the regulatory ma intenance and alteration requirements established by Section 91.407(a)(1) will be met because Lutjen will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescri bed in the Operating Documents . Furthermore, Lutjen

will document and maintain all maintenance records for the Inspire 1

.

Likewise, the exemption sought will not adversely affect safety because Lutjen will use trained technicians to perform mai ntenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by

the Operating Documents

.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407 b ecause all maintenance of the Inspire 1 will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the

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- 1 FAA concerning Section 91.407(a )(1) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

11. Lutjen seeks Exemption from the Requirements 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 thi s chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

Extent of Relief Lutjen Seeks and the Re ason Lutjen seeks Relief from Sections 91.409(a)(1) & (a)(2).

Since Sections 91.409(a)(1) & (a)(2) only apply to aircraft with an airworthiness certificate, Lutjen requests relief from these Sections because the Inspire 1 does not require airwort hiness certificate. As set forth more fully below, the Inspire 1 meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Lutjen will use trained technicians to perform maintenance, alterations, or

p reventive maintenance on the UAS using the methods, techniques, and practices prescribed in the Operating Documents . Furthermore, Lutjen will document and maintain

all maintenance records for the Inspire 1

.

Why a n Exemption f rom t he Re quirements o f Sections 91.409(a)(1) & (a)(2) Would Not Adversely Affect Safety.

In seeking this exemption, Lutjen submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by

Sections 91 .409(a)(1) & (a)(2) will be met because Lutjen will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the Operating Documents

. Furthermore, Lutjen wi ll document and maintain all maintenance records for the Inspire

1

.

Since the Inspire 1 will be inspected as prescribed by the Operating Documents

, Lutjen will maintain the equivalent level of safety established by Sections 91.409(a)(1)

a nd 91.409(a)(2).

Likewise, the exemption sought will not adversely affect safety because Lutjen 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

.

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- 1 Significantly, previous exemptions granted by the FAA concerning Sections 91.409(a)(1) & (a)(2) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are consid ered.

12. Lutjen 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 regist ered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

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

of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include:

(i) A description (or reference to data acceptable to the Administrator) of the work pe rformed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft

for return to service.

(2) Records containing the following information:

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

each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specif ied time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness direct ives (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 f orms 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 sp ecified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

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

transferred wit h the aircraft at the time the aircraft is sold.

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- 1 (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

Extent of Re lief Lutjen Seeks and the Reason Lutjen seeks Relief from Sections 91.417(a) & (b).

Since Sections 91.417(a) & (b) only apply to aircraft with an airworthiness
certificate, Lutjen requests relief from these Sections because the Inspire 1 does not require airworthiness certificate. As set forth more fully below, the Inspire 1 meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Lutjen will use trained technicians to perform maintenance, a lterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the Operating Documents . Furthermore, Lutjen will document and maintain

all maintenance records for the Inspire 1

.

Why a n Exem ption f rom t he Requirements Of Sections 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Lutjen submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.417(a) & (b) will be met because Lutjen will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the Operating Documents

. Furthermore, Lutj en will document and maintain all maintenance records for the Inspire

1

.

Likewise, the exemption sought will not adversely affect safety because Lutjen 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 would maintain an equivalent level of safety established by Sections 91.417(a) and 91.417(b) because all maintenance of the Inspire

1 will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

E. A Summary that can be Published in the Federal Register, stating: The Rules From

Which Lutjen Seeks Exemption:

Lutjen

, Inc. seeks exemption from the requirements of 14 C.F.R Sections 61.23 (a), 61.101 (e) (4) and (5), 61.315(a), 91.7(a), 91.119(c), 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 Lutje n seeks:

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- 1 This exemption will permit Lutjen , Inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain

areas of the United States.

F. Any Additional Information, Views, or Arguments Available to Support Lutjen 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, Lutj en 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 whether a UAS will create a hazard to users of the NAS or the pu blic, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Lutjen will operate the Inspire 1 safely in the NAS, without

cr eating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Lutjen , Inc. 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 limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, th e FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Lutjen to safely, efficiently, and economically operate the Inspire 1

co mmercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Lutjen , Inc. respectfully requests that the Administrator grant this Petition for an exemption from the req uirements of 14 C.F.R Sections 61.23(a), 61.101(e)(4) and (5), 61.315(a), 91.7(a), 91.119(c) 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 Lutjen to operate the DJI Inspire 1 UAS commercially for the pu rpose of conducting aerial video and photography over

areas of the United States.