UNITED STATES OF AMER I CA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASH I NGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Over SF LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI INSPIRE 1 PROFESSIONAL UNMANNED AIRCRAFT

SYSTEM

PURSUANT TO SECTION 333 OF **THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)** 

Submitted on August 23rd, 2015

Over SF LLC

999 Green St.
Suite #1101 San Francisco, CA 94133 MailOverSF@gmail.comTABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS....................................................................................3

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

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

I N TRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND..................................................................................................................

. .5

BAS I S FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER............................................. ...7

THE SPECI FI C SECTIONS OF 14 C.F.R. FRO M WHI CH Over SF LLC

SEEK S EXEMPTION...............................................................................................8

THE EXTENT OF RELIEF Over SF LLC SEEKS AND THE REASON

Over SF LLC SEEKS THE

RELIEF......................................................... ................................10

THE REASONS WHY GRANTING Over SF LLC REQUEST WOULD BE IN THE PUBLIC INTEREST ........................................13

THE REASONS WHY GRANTING THE EXEMPT I ON WOULD NOT

ADVERSE L Y AFFECT SAFETY..............................................................................21

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REG I STER.........26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE

TO SUPPORT Over SF LLC REQUEST.................................................................26

CONC L USION..................................................................................................................

. .27

APPEND I CES........................................................................................28

Page of 2 31GLOSSARY OF ABBREVIATIONS

AG L Above Ground Level

AO I Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

A

V Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FA A Federal Aviation Administration

FA R Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning S y stem

LOL Loss of Link

NA S National Airspace S y stem

NOTAM Notice to Airman

P I C Pilot I n Command

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

S O Safety Observer

SOP Standard Operating Procedures

U A Unmanned Aircraft

UA S Unmanned Aircraft S y stem

VF R Visual Flight Rules

VLOS Visual L ine of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

Page of 3 31SUMMARY

The petitioner seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit the petitioner to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape over certain areas o f the United States.

INTRODUCTION AND INTEREST OF THE PETITIONER

Over SF LLC provides it’s clients a safe and unique solution to capture video and photography using Unmanned Aircraft Systems. The founder of Over SF LLC has over 11 years of aviation experience. Including, an Air Transport Certificate, Certified Flight Instrument Instructor Certificate and over 5,000 hrs. of flight time in turbine powered multi-engine aircraft. As well as 3 years of recreational experience flying UASs systems that utilize both photo and

video. The objective of T he Petitioner's aerial video and photography operations is to provide high qualit y imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Real

- estate

• Appraisals

• Construction Sites before and after

• Motion Picture Filming

• Aerial acquisitions used for inspections of public and private structures

• Search and Rescue operations

• Demonstrations

• Mapping

• Flight Instruction

Page of 4 31BACKGROUND

Over SF LLC seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Inspire 1 Professional UASs are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 Professional has a maximum gross weight of approximately 6.5 pounds, while having a length of 18 inches, width of 17 inches, height of 12 inches, and a maximum speed of approximately 43 knots. The DJI Inspire 1 Professional UAs are equipped with four main rotors; powered by L ithiu m Polyme r batter ies and driven by electric motors. The DJI Inspire 1 Professional UAs that will be operated by Over SF LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraf t , 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

.

BASIS FOR PETITION

The petitioner, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Inspire 1 Professional UAs in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, the petitioner’s operation of DJI Inspire 1 Professional UAs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, the petitioner requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only appl y t o air craft with an airworthiness certificate.

Over SF LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. The petitioner will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operati n g documents (i.e., Mo nthl y Maintenance Log, and DJI Inspire 1 Professional Instruction Manual). Furthermore, the petitioner will document and maintain all maintenance records for the DJI Inspire 1

Professional UAs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by The Petitioner to the extent

necessary to allow a Pilot in Command (PIC) not holding a certificate, or an airman

Page of 5 31medical certificate, and who has demonstrated, by meetin g minimum flight- hour and

currency requirements, that the P I C is able to safely operate the DJI Inspire 1 Professional UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. The petitioner seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Inspire 1 Professional UAs do not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, the petitioner submits that they will ensure that the DJI Inspire 1 Professional UAs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthl y Maintenance Log, and DJI Inspire 1 Professional Instruction Manual), and that the aircraft are in a safe condition for flight. The petitioner also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Setting s , as the DJI Inspire 1 Professional UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI Inspire 1 Professional UAs will be provided to the PIC via barometrically assisted Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with the petitioner’s operation of the DJI Inspire 1 Professional UAs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, the petitioner seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. The petitioner submits that safety will not be affected by operation of the DJI Inspire 1 Professional UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to f l y for a total duration of approximately 12 minutes to the first point of intended landing and, assuming normal cruising speed, to f l y after that for at least 5 minutes. In accordance with 14 C.F.R. § 11.81, the petitioner provides the following information in support of its petition for exemption:

Page of 6 31A . Name And Address Of The Petitioner.

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

Over SF LLC

999 Green St.
Suite #1101 San Francisco, CA 94133 Email:MailOverSF@gmail.com

B. The Specific Sections Of 14 C.F.R. From Whic h Over SF LLC Seek s Exemption.

1. The petitioner Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

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

, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (P I C) of an aircraft that is carr y ing passengers or proper t y for compensation or hire; nor may that person, for compensation or hi r e, act as PIC of an aircraft.

(b) A private pilot ma y , for compensation or hire, act as PIC of an aircraft in

connection with a n y business or empl o y m ent i f
—

(1) The flight is only incidental to that business or emplo y ment; and

(2) The aircraft does not car r y passengers or property for compensation or hire.

2. Over SF LLC Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a c ivil aircraft unless it is in an airworthy condition.

3. The petitioner Seeks Exemption From The Requirements Of Section

91.121.

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

Page of 7 31(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MS L , 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) I n the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. The petitioner Seeks Exemption From The Requirements 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 conditions) there is enough fu e l to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. The petitioner Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. The petitioner Seeks Exemption From The Requirements Of

Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration

, subsection (a)(1), states the following:

Page of 8 31(a) No person may operat e an y aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unles s

—

(1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.]

7. The petitioner 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 this chapter and has been approved for return to service b y 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.

8. The petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance re c ords , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

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

includ e--

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

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

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

aircraft for return to service.

(2) Records containing the following information: Page of 9 31(i) The total time in service of the airframe, each engine, each propeller, and

each rotor.

(ii) The current status of lif e- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The cu r rent inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and saf e ty directives including, for each, the method of compliance, the AD or

safe t y directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and current l y installed engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 y e ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained

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

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

C. The Extent Of Relief the petitioner Seeks And The Reason the petitioner

Seeks The Relief.

1. Extent Of Relief the petitioner Seeks And the petitioner Seeks Relief From Section 61.113(a) And (b).

Page of 10 31Relief 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 not holding any pilot certificate, or a current and valid airman medical c ertificate, but 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 ma y , for compensation or hire, act a s P I C of an aircraft in

connection with a n y business or empl o y m ent if: (1) The flight is only incidental to that business or emplo y ment; and (2) The aircraft does not carry passengers or proper t y for compensation or hire. As set forth more fully below, The Petitioner submits that an equivalent level of

s afet y will be maintai n ed because no PIC will be allowed to operate the DJI Inspire 1 Professional UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Inspire 1 Professional in a manner consistent with the operations specifications as described in this exem p tion, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Over SF LLC submits that all flights of the DJI Inspire 1 Professional UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to The Petitioner's business; and (2) will not carry passengers or property fo r compensation or hire.

2. Extent Of Relief the petitioner Seeks And The Reason the petitioner Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow the petitioner to determine that the DJI Inspire 1 Professional UASs are in airworthy condition prior to every fligh t b y ensuring that the UAS is in compliance with the operating documents (i.e., DJI Inspire 1 Professional Instruction Manual and Monthly Maintenance Log). The petitioner seeks the requested relief because the DJI Inspire 1 Professional UASs do not require an airworthiness certificate in accordance with 14 C .F.R. Part 21, Subpart H. Therefore, the petitioner will ensure that the DJI Inspire 1 Professional UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and Inspire 1 Professional Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief the petitioner, Seeks From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, ma y be required to allow flight operations of the DJI Inspire 1 Professional UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station

Page of 11 31(GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), the petitioner seeks the requested relief because the DJI Inspire 1 P r ofessional UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric p ressure 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 sa f ety will be maintained since the DJI Inspire 1 Professional UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads-up displa y of the GCS. 4. Extent Of the petitioner Seeks And The Reason the petitioner Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Inspire 1 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to t he first point of intended landing and, assuming normal cruising speed, to fly after that for at least

4.5 minutes. The petitioner seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1 Professional UAs will severely constrain the practicality o f an y aerial video or still photo flight operations that the petitioner proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Inspire 1 Professional UASs, the DJI Inspire 1 Professional operating documents, and the petitioner’s proposed operating limitations, ensure that the petitioner will safely operate the battery powered DJI Inspire 1 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight r u les (VFR), with enough battery power to fly for a total duration of 12 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

5. Extent Of Relief the petitioner Seeks And The Reason the petitioner Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)
onl y apply to aircraft with an airworthiness certificate, the petitioner requests relief
from these Sections because the DJI Inspire 1 Professional UASs do not requ ire airworthiness certificates. As set forth more fully below, the DJI Inspire 1 Professional UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y , the petitioner will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents

Page of 12 31( i.e., the DJI Inspire 1 Professional Instruction Manual and the Monthly Maintenance Log). Furthermore, the petitioner will document and maintain all maintenance records for the DJI Inspire 1 Professional UASs.

D. The Reasons Why Granting The Petitioner Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A

Whole. Granting the this Petition will further the public interest by allowi n g Over SF LLC to operate their UAS in a safe and efficient manner. Safety will be increased over recreational use by performing routine pre-flight inspections, following written checklist, registration of the aircraft, logged flight experience with this exact UAS, operating within the restrictions of the 333 exemption and following the manufacture’s operation manual,. Safety will also be increased by operating a 6.5 pound vehicle in the air with no passengers vs. for example the popular Robison R44 (Raven 1) carrying 29 gallons of fuel and weighing 2,400 pounds fully loaded with passengers.
Secondly, use of the DJI Inspire 1 Professional UASs will reduce carbon emissions,
decrease congestion of the NAS and benefit the economy by providing a more economical solution to our clients. The potential to increase crop production for our agricultural customers, reduce cost for our real-estate clients and increase safety for the public by inspecting critical infrastructure in a timely manner.
Lastly , the benefits of The Petitioner' s proposed operation of the DJI Inspire 1

Professional UASs will significantly reduce noise when compared to larger full scale helicopters and aircraft performing similar photography and video operations.

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

The DJI Inspire 1 Professional UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain

aerial imagery. B y reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Inspire 1 Professional 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 prope r ty in the air and on the ground. Furthermore, by reducing the number of manned aircraft operati n g in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Inspire 1 Professional UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

Page of 13 312. The Public Will Benefit From The Safety And Efficiency Of The DJI Inspire 1 Professional UASs.

Conducting aerial acquisitions with the DJI Inspire 1 Professional UASs, instead of manned aircraft, will greatly b enefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations using manned rotorcraft. By using battery power and electric motors, the DJI Inspire 1 Professional UASs produce no air pollution, and is the most environmentally

co n scious alternative to six cylinder internal combustion engine aircraft that are t ypicall y utilized for aerial video and photography. For example, the popular aerial platform (Robison R44 Raven 1) utilizes 14 gallons AvGas per hour. On the other hand, the DJI Inspire 1 Professional UAs uses none. While reducing the carbon footprint of aerial a cquisitions, the DJI Inspire 1 Professional UAs, also reduces noise pollution. The DJI Inspire 1 Professional UAs is significantly quieter (even at close proximity) when compared to full size rotorcraft.

B y using the DJI Inspire 1 Professional UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is u sually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. First, will be no flight crew members located o n board the aircraft. Secondly, the DJI Inspire 1 Professional UAs (weighing 6.5 pounds and 17 inches by 18 inches by 12 inches, and no fuel on board), has l es s p hy sical potential for collateral damage to life and property on the ground, and in the air, compared to manned

rotorcraft t h at ty picall y conduct similar operations (Robison R44 Raven 1 weighs 2,400 pounds, 33 foot wingspan, 30 feet in length and a fuel capacity of 29 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Inspire 1 Professional UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Inspire 1 Professional UASs are also an economical alternative to using manned aircraft to conduct similar a erial operations. As such, operation of the DJI Inspire 1 Professional UASs will allow United States based companies, lik e The Petitioner, 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 operated companies must adopt new and alternative technology in order to remain competitive. Operating t h e battery powered DJI Inspire 1 Professional UASs 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. As of January 2015, the Robison Helicopter Company estimates an operating cost of $216 per flight hour for the R44 Raven 1. The DJI Inspire 1 Professional UASs can be operated for significantly less. This reduction in operating cost can be passed directly onto the client, thus increasing our client’s profits.

Page of 14 31B y operating the DJI Inspire 1 Professional UASs, companies such as The Petitioner, can remain competitive and profitable, and therefore, provide greater job stability t o employ ees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial

use of the DJI Inspire 1 Professional UASs, 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 c ompetitive both in

the United States and abroad.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which The Petitioner Seeks Exemption.

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

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, The Petitioner operation of the DJI Inspire

1 Professional UASs meet the conditions of FMRA Section 333, and will not require an

airworthiness certificate in accordance with 14 C.F.R. Pa r t 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 national securi t y. Specifical l y, FMRA Section 333 states the follo w ing, in part: ( a

) In General.

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

later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rule making required by section 332 of this Act or the guidance required by section 334 of this Act.

( b

) Assessment of Unmanned Aircraft Systems.

- - In making the determination under subsection (a), the Secretary shall determine, at a minimu m

--

( 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

airworthiness certification under section 44704 of tit l e 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

Page of 15 31(c) Requirements for Safe Operation
.-- If the Secretary determines under this section that certain unmanned aircraft systems may operate s afely 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, The Petitioner submits that the D J I Inspire 1

Professional UASs can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated b y : (a) the characteristics of the DJ I Inspire 1 Professional UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. a. The Specifications Of The DJI Inspire 1 Professional UASs

Demonstrate Its Safe Characteristics.

The DJI Inspire 1 Professional UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security consi d ering its size, weight, speed, and operational capabilit y

. i. Technical Specifications Of The DJI Inspire 1 Professional

UASs.

The technical specifications of the DJI Inspire 1 Professional UASs are set forth by th e DJI Inspire 1 Professional Specifications, attached hereto as Exhibit A.

ii. The DJI Inspire 1 Professional UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Inspire 1 Professional UASs may be operated in both manual a n d fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Inspire 1 Professional UASs is provided on page 12 of the DJI Inspire 1 Professional User Manual, attached hereto as Exhibit B.

iii. The DJI Inspire 1 Professional UASs Are Designed For

Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Inspire 1 Professional UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 Professional UAs do not reacquire Control Link data from the GSC, the UAs will

assume that the Control L ink is lost and the UAs 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 DJI Inspire 1 Professional UAS are set forth at page 15 of the DJI Inspire 1 Professional User Manual,

attached hereto as Exhibit B.

iv. The DJI Inspire 1 Professional Remote Controller And Its Operation.

A complete description of the operation a n d specifications of the DJI Inspire 1

Page of 16 31Professional Remote Controller, GSC and flight control software is provided at pages 24 through 33 of the DJI Inspire 1 Professional User Manual. DJI Inspire 1 Professional User
Manual is attached hereto as Exhibit B.

b. Flight Operations Of DJI Inspire 1 Professional UASs Are Limited To The Line Of Sight Of A Pilot in Command With A Safety Observer.

The Petitioner will only utilize pilots who have at least 20 hours flight time to act as a pilot in command (PIC) of the DJI Inspire 1 Professional UASs. Additionally, a safety observer will assist all pilots d uring flight time.

c. Flights Of DJI Inspire 1 Professional UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, The Petitioner proposes to commercially operat e DJI Inspire 1 Professional UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the followi n g aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Inspire 1 Professional Unmanned

Aircraft S ys tems. Proposed operations of any other aircraft will require a new petition or a petition to am e nd this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograp h y.

3. The UAs may not be flown at an indicated airspeed exceeding 87 knots (100 miles per hour).

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operati n g documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the P I C at all times. This requires the PIC to be able to use human vision unaided by a n y device other than corrective lenses, as specified on the P I C’s FAA

- issued airman

medical certificate.

6 . All operations must utilize a safe t y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alwa y s maintains V L O S capabilit y

. The SO and P I C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be

Page of 17 31designated before the flight and cannot transfer his or her designation for the duration of the flight. Th e P I C must ensure that the SO can perform the functions prescribed in the operating documents.

7 . The SO must not perform any other duties be y ond assisting the P I C with seeing and avoiding other air traffic and other ground based obstacles/obstructio n s and is not permitted to operate the camera or other instruments.

8 . The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the c o nditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take 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 also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS I ntegration Office (AF S

- 80 ) ma y be contacted if questions arise regarding updates or revisions to the operating documents.

9 . Prior to each flight the P I C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The GSC must be included in the preflight inspection. All maintenance and alterations must be proper l y documented in

the aircraft records.

10 . Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The P I C who conducts the functional test flight must make an entry in the aircraft records.

11. The pr e

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

12. The operator must follow the UAS manufacturer’s aircraft/component,

maint e nance, overhaul, replacement, inspection, and life limit requirements.

Page of 18 3113. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts

must be noted in the aircra f t records, including total time in service, description of work accomplished, and the signature of the authorized person returning the

UAS to service.

14. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

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

16. The PIC must have completed at least 2 5 hours of flight time.

17. The operator may not permit any PIC to operate unless the P I C meets the operator’s qualification criteria and demonstrates the ability to safe l y 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. § 61.51(b). Flights for the purposes of t r aining the operator’s PICs are permitted under the terms of the exemption. However, training operations may

onl y be conducted during dedicated training sessions. During training, proficienc y , and experienc e- building flights, all persons not essential for f light operations are considered nonparticipants, and the P I C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §

91.119.

18. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

19 . The UA may not operate within 2 nautical miles of an airport reference point as

denoted on a current FA A- 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 availa b le to the Administrator upon reques t

.
20. The UA may not be operated less than 400 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the

P I C.

Page of 19 3121. If the UA loses communications or loses its GPS signal, it must return to a p r e determined location within the planned operating area and land or be recovered in accordance with the operating documents.

22. The P I C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documen t s.

23. The P I C 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 with 25% battery power remaining.

24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting a n y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder require m ents.

25. 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.

26. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requir e ments.

27. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS a n y time the UAS is operating. These documents must be made available to the

Administrator or a n y law enforcement official upon request.

28. The UA must remain clear and y i eld the right of way to all manned aviation operations and activities at all times.

30. The UAS may not be operated b y 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 P I C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

Page of 20 31a. Barriers or structures are present that su f ficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the P I C h as made a safe t y 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 P I C, 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 controlle d- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative wi l l be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AF S

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

.

2. Reasons Why An Exemption From The Requireme n ts Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

The Petitioner submits that the equivalent level of sa f ety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Inspire 1 Professional UASs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 Professional UAS in a manner consistent with the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering The Petitioner' s proposed area of operations, and the operating limitations set forth-above; the parallel nature of aeronautical knowledge

Page of 21 31requirements to those of commercial pilot requirements ( S ee Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Inspire 1 Professional, The

Petitioner submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for The

Petitioner' s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and ( b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

The Petitioner will not allow any PI C to operate the DJI Inspire 1

Professional UAS unless that PIC has demonstrated, by meeting minimum flight-ho u r requirements or the DJI Inspire 1 Professional UAS training and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 Professional UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements,

th e P I C must accomplish 3 takeoffs and landings in the preceding 90 da y s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

exp e rience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety durin g The Petitioner's proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance w ith applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the

P I C must also have accumulat e d and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the 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

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the

P I C must accomplish 3 takeoffs and landings in the preceding 9 0 da y s (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

a lso finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficienc y ,

Page of 22 31and experienc e

- building flights can also be conducted under the grant of exemption

to accomplish the required flight time. During training, proficienc y , and experienc e- building flights the P I C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15.

Accordingly, The Petitioner will ensure safe operations by not allowing any PIC to operate the DJI Inspire 1 Professional UAS unless that PIC has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the P I C is able to safely operate the DJI Inspire 1 Professional UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles

and structures. 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety esta b lished by Section 91.7(a) will be maintained because prior to every flight, The Petitioner will ensure that the DJI Inspire 1 Professional UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption F r o m The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety esta b lished by Section 91.121 will be maintained

because the altitude information of the DJI Inspire 1 Professional UAs will be provided

to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with The Petitioner's operation of the DJI Inspire 1

Professional UAs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 9 1.121. The altitude information will be generated 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 circumstances similar, in all material res p ects, to those presented herein ( e .g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

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

Page of 23 3114 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Inspire 1 Professional UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, The Petitioner will ensure that it will safely operate the battery powered DJI Inspire 1 Professional UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 12 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 min u tes. Here, as in Exemption No. 11109, the technical specifications of t h e DJI Inspire 1

Professional UASs; the limitations on the proposed flight operations; and the l ocation of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Inspire 1 Professional UASs 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% remaining batter y power. At the critically lo w batter y level, the DJI Inspire 1 Professional UASs will descend and land automatically. Significant l y, previous exemptions granted b y the FAA concerning Section 91.151

establish that saf e t y is not adverse l y affected when the technical 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 has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, The Petitioner submits that the equivalent level of safet y with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be

met b ecaus e The Petitioner will use trained technicians to perform maintenance, alterations, or preventive mai n tenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the DJI Inspire 1 Professional Instruction Manual, Monthly Maintenance Log). Furthermore, The Petitioner will document and maintain all maintenance records for the DJI Inspire 1 Professional

UASs. Since the DJI Inspire 1 Professional UASs will be inspected as p rescribed by the operating documents, The Petitioner will maintain the equivale n t level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy o f th e DJI Inspire 1 Professional User Manual is attached hereto as Exhibit B; a copy of the DJI Inspire 1 Professional UAS Maintenance LOG is attached hereto as Exhibit C.

Page of 24 31Likewise, the exemption sought will not adversely a f fect safety because The
Petitioner 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 b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Inspire 1 Professional UASs will be performed by trained tech n icians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Signi f icant l y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safe t y is
not adverse l y affected when the technical characteristics and operating limitations of the
UAS are considered.
In consideration of The Petitioner' s proposed operating limitations, the operating documents, and the technical aspects of the DJI Inspire 1 Professional UASs, The
Petitioner submits that safety will not be adversely affec te d b y granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exem p tion Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, The Petitioner requests that the FAA prescribe special conditions for the intended operation of the DJI Inspire 1 Professional UASs, which contain such safety standards that the Administrator finds

necessary to establish a level of safe t y equivalent to that established b y

14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121,

91.151(b), 91.405(a), 91.407(a)( 1 ), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photograp h y 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 security; and further, provides the authority for such UAS to operate

without airworthiness certifi c ation 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 DJI Inspire 1 Professional UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safe t y standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the followin g : If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safe t y standards for an aircraft, aircraft engine, or propeller

Page of 25 31because of 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 standards for the aircraft, aircraft engine or propeller as the

FA A f

inds necessary to establish a level of safety equivalent to that established in the regulations.

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

ma y prescribe special conditions for The Petitioner’s intended operation of the DJI Inspire 1 Professional UASs, which contain such safety standards that the Administrator finds

necessary to establish a level of safe t y equivalent to that established b y

14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F

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

From Which The Petitioner Seeks Exemption:

The Petitioner seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a

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

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

This exemption will permit The Petitioner to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

G

. Any Additional Information, Views, Or Arguments Available To Support The Petitioner's Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, The Petitioner's request for exemption ma y 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 public, or otherwise pose a threat to national

securi t y ; and further, provides the authority for such UAS to operate without airwort h iness

certification. As discussed in detail above, The Petitioner will operate the DJI Inspire 1 Professional UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national secu r it y

.

Page of 26 31CONCLUSION

As set forth herein, The Petitioner 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 Professional UASs commercially, without an ai r worthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing The Petitioner to safely, efficie n tl y , and economically operate the DJI Inspire 1 Professional UASs commercially within the
NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, The Petitioner respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit The Petitioner to operate the DJI Inspire 1 Professional UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: August 23, 2015

Respectfully submitted,

The Petitioner

Over SF LLC

999 Green St.
Suite#1101 San Francisco, CA 94133 MailOverSF@gmail.com

Page of 27 31Appendi ce s :

A – DJI Inspire 1 Professional Specifications Data Sheet

B

– DJI Inspire 1 Profess i onal Manufacturer’s User Manual

C – Monthl y Maintenance L o g

Page of 28 31APPENDIX – A

DJI Inspire 1 Professional TECHNICAL SPECIFICATIONS

The Petitioner only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI U ASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Inspire 1 Professional

1.1.1 Aircraft 1.1.1.1 Supported Battery – DJ I 5700mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included )

– 6.5lbs. 2935g 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: 0.5m; Horizontal: 2.5m

1.1.1.4 Max Fligh t tim e

- Appr ox imatel y 18 min u tes 1.1.1.5 Max Tilt Angel - 35 0 1.1.1.6 Max Ascent Speed – 5m/s 1.1.1.7 Max Descent Speed – 4m/s 1.1.1.8 Max Flight Speed – 22m/s (ATTI mode, no wind) 1.1.1.9 Operating Temperature - 10oC - 40oC 1.1.1.10 Max Flight Altitude - 4500m

1.1.1.11 GPS Mode - GPS

1.1.2 Gimbal 1.1.2.1 Controllable Range – Pitch: -90 0 +30 0

1.1.3 Camera

1.1.3.1 Senso r

- Son y EXMO R 1/2.3"

1.1.3.2 Lens

- 20mm (35mm format equivalent)

1.1.3.3 Effective Pixels – 12.4M

1.1.3.4 Resolution – 4000x3000 4.1.3.5 HD Video Recording – 4K, 1080p & 720p 4.1.3.6 Image Max Size

- 4000 x 3000

1.1.4 Remote Controller 1.1.4.1 Operating Frequency – 5.725~5.825 GHz;2.400~2.483 GHz 1.1.4.2 Communication Distance (unobstructed) - 2km 1.1.4.3 Battery

- 60 0 0 mAh LiPo 2s
1.1.4.4 Transmitter Power – FCC: 9w 1.1.4.5 Working Voltage – 1.2 A @7.4 V

Page of 29 31APPENDIX – B

DJI Inspire 1 Professional Manufacturer’s User Manual

can be found at :

http://download.dji-innovations.com/downloads/ inspire_1/en/ Inspire_1_User_Manual_v1.4_en.pdf

Page of 30 31APPENDIX – C

Page of 31 31