# Rupprecht Law P. A.

324 Datura Street, Suite 200 | West Palm Beach, FL 33401 P: (561) 222

- 6979 | E: jon@jrupprechtlaw.com | W: ww w.jrupprechtlaw.com

June 2 , 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W 12

- 140
, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Par t 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR EXEMPTION

Dear Sir or Madam : Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Intelligent Imagery, LLC , an operator of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Aviatio n Regulations ("FARs") to allow commercial operation of its UA.

T ABLE OF C ONTENTS I. QUICK REFERENCE SUMMARY

................................ ................................ ................................ ....... 3
II. INTELLIGENT IMAGERY, LLC REQUESTS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.

................................ ......... 5
III. FEDERAL REGISTER SUMMARY

................................ ................................ ................................ ... 6
IV. PETITIONER’S CONTACT INFO:

................................ ................................ ................................ ..... 7 V. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

................................ ............ 7
VI. OPERATING DO CUMENTS

................................ ................................ ................................ .............. 7
VII. STATUTORY AUTHORITY TO GRANT THIS PETITION

................................ ............................. 8 VIII. EQUIVALENT LEVEL OF SAFETY

................................ ................................ ............................... 9
IX. REGULATIONS FROM WHICH EXEMPTION IS NEEDED

................................ ........................ 16
A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

................................ ................................ ........... 162

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations.

................................ ................................ ................................ ........ 16
C. 14 C.F.R. § 61.113 (a): Private Pilot Privilege s and Limitations: Pilot In Command.

.................. 16
D. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

................................ ................................ ......... 16
E. 14 C.F.R. § 91.119: Minimum Safe Altitudes

................................ ................................ ................ 17
F. 14 C.F.R. § 91.121: Altimeter Settings

................................ ................................ .......................... 17
G. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Con ditions

................................ ..... 17
H. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance Inspections

................................ ................................ ................................ ................................ ............. 18
X. CONCL

USION

................................ ................................ ................................ ................................ .... 183

I. QUICK REFERENCE SUMMARY

 Types of aircraft to be flown :

o Phantom 2 ( Previously granted in Exemption No. 11699)

o Phantom 2 Vision + (Previously granted in in Exemption No. 11218 )

o Phantom 3

 Professional

 Advance d

o DJI S900 (Previously granted in Exemption No. 11697 )

o DJI S1000 ( Previously granted in Exemption No. 11554 )

o DJI Inspire (Previously granted in Exemption No. 11607)

 The operations will be for:

o Aerial data collection, 1

o Closed

- set f

ilm/television production
, (MPTOM will be submitted confidentially)

o F light instru ction,

o Search and Rescue,

o Education, and

o Research and development.

 The petitioner will operate under the restrictions listed below and those in the manufacturer’s manual.

o Phantom 2

 Phantom 2 User Manual (EN) v1.4 http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en. zip

o Phantom 2 Vision +

 Phantom 2 Vision+ User Manual (EN) v1.8 http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus _User_Manual_v1.8_en.zip

o Phantom 3

 Phantom 3 Intelligent Flight Batte ry Safety Guidelines v1.0 http://download.dji

innovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Gu idelines_ en.zip

1 “ Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. ” Exemption No. 114824  Phantom 3 Safety Guidelines and Disclaimer http://download.dji

innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.zip

 Professional

 Phantom 3 Professional Quick Start Guide (EN) v1.0 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom _3_Professional_Quic k_Start_Guide_en.zip

 Phantom 3 Professional User Manual (EN) v1.2 http://download.dji

innovations.com/downloads/p hantom_3/en/Phantom_3_Professional_User _Manual_v1.2_en.zip

 Phantom 3 Professional In the Box http://download.dji

innovations.com/downloads/ phantom_3/en/Phantom_3_Professional_In_t he_Box_en.zip

 Advanced

 Phantom 3 Advanced Quick Start Guide (EN) v1.0 http://download.dji

innova tions.com/downloads/phantom_3/en/Phantom_3_Advanced_Quick _Start_Guide_en.zip

 Phantom 3 Advanced User Manual (EN) v1.2 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_ Manual_v1.2_en.zip

 Phantom 3 Advanced In the Box http://download.dji

innovation s.com/downloads/phantom_3/en/Phantom_3_Advanced_In_the _Box_en.zip

o DJI S 900

 S900 User Manual v1.2 http://download.dji

innovations.com/downloads/s900/en/S900_ User_Manual_v1.2_en.zip

o DJI S1000

 S1000 Manual http://www.dji.com/product/spreading

- wings

- s1000/download

 A2 Flight Controller Manual http://download.dji

innovations.com/downloads/a2/en/A2_Quick_Start_Guide_v1.04_en.pdf

o DJI Inspire

 Inspire Manual http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

 We already agree to all the restrictions listed in Exemption # 11284 which are listed below.5

II. INTELLIGENT IMAGERY, LLC REQUES TS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.
§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption? The FAA may not publish a summary of your petition for exemption and request comments if you present or we find good cause why we should not delay action on your petition. The factors we consider in deciding not to request comment include: (a) Whether granting your petition would set a precedent. (b) Whe ther the relief requested is identical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.

Corresponding to the above sub

- sections, Intelligent Imagery, LLC has good cause to request the FAA to waive the comment period and not delay action on the petition because:
(a) Intelligent Imagery, LLC would not set any precedent. Intelligent Imagery, LLC Intelligent
Imagery, LLC agrees to the SAME exact limitations as Exemption # 11284

. Furthermore, all of
the aircraft, except for the Phantom 3, have already been evaluated under previous petitions and

are deemed to have the equivalent level of safety if operated under the restrictions hereto already
agreed upon.

(b) Intelligent Imagery, LLC agrees to the SAME exact limitations as Exemption # 11284

.
(c) Delaying the granting of th is petition would adversely affect the public, the FAA, and
Intelligent Imagery, LLC The public, as well as the FAA, would be better served by the FAA
quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA

ins pectors to dedicate their time and attention to much higher priorities. Moreover, Intelligent
Imagery, LLC is adversely affected by the below listed regulations.6

(d) The petition has been filed in a timely manner.

III. FEDERAL REGISTER SUMMARY

Pur suant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determ ined that publication is needed.
Applicant seeks an exemption from the following rules: 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and ( 5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b) to operate commercially a small unmanned vehicle (55 lbs. or less) for aerial data collection and film/television production, flight i nstruction, search and rescue, education, and research and development. This exemption will allow commercial operations of UA ’s which will enhance safety by reducing risk. The alternative to using a UA is to use a jet or piston power aircraft carrying large amounts of jet A or other fuel. Not only is the operation dangerous at the location, the aircraft must fly to the location and back to the home airport

. Our UA will weigh less than 55 lbs. and powered by batteries which eliminates most of the risk because no highly flammab le fuel will be involved

. The UA will carry no passengers or crew ; thus, eliminating most of the risk to the pilot and personnel. The operations of the UA listed under the restrictions proposed herein will provide an equivalent level of safety as th e Feder al Aviation Regulations.7

IV. PETITIONER ’ S CONTACT INFO: Intelligent Imagery, LLC Attn: Brent Dillon Email: ebrentdillion@gmail.com Address: 8129 Emerald Winds Circle, Boynton Beach, FL 33473

V. REGULATIONS FROM WHICH THE EXEMPTIO N IS REQUESTED

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101 (e)( 4 ) and ( 5 )

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315 (a)

 14 C.F.R. § 91.7 (a)

 14 C.F.R. § 91.119 (c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151 (a)( 1 )

 14 C.F.R. § 91.405 (a)

 14 C.F.R. § 91.407 (a)( 1 )

 14 C.F.R. § 91.409 (a)( 1 ) & ( 2 )

 14 C.F.R. § 91.417 (a) & (b)

VI. OPERATING DOCUMENTS Intelligent Imag ery, LLC will operate only within the limitations below and the limitations listed
in the user manuals listed in the quick reference summary above and the confidentially submitted
MPTOM

. Th e limitations below
, from the previously granted exemption
, will be followed if there is a
conflict with the manufacturer’s user manual or MPTOM.8

VII. STATUTORY AUTHORITY TO GRANT THIS PETITION The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of
the Act that includes UAS ’ s, from the requirement that all civil aircraft must have a current airworthiness certificate. “The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U

. S

. C

. §
44711 (b).
This exemp tion petition is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the FAA Modernization and Reform Act. In making this determination, the Secretary is required to determine which types of UA do not crea te a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

 The UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS). 2
If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the n ational airspace system." Id. § 333(c) (emphasis added). 3 The FAA has already established requirements for summary grants which will be further discuss ed below.

2 FAA Modernization and Reform Act of 2012 at § 333 (a). 3 Applicant interprets this provision to place the duty on the Administra tor to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determine d that the conditions set forth herein do not fulfill the statutory requirement s for approval.9

VII I

. EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein applies to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure.

T hese lim itations and conditions are identical to Exemption # 11284 except for the difference in
aircraft

. Intelligent Imagery, LLC agrees to be bound when conducting commercial UA operations. The
list of limitations and conditions include the follo wing:

1. Operations authorized by this grant of exem ption are limited to the DJI Phantom 2, Phantom 2
Vision P l u s, Phan tom 3 Advanced and Pro fessional
, Inspire , S900
, and S1000 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this ex emption.
2. Operations for the purpose of closed

- set motion pic ture and television filming are permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per ho ur). The exemption holder may use either groundspeed or calibrated airspe ed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operat ing airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more t ha n 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision u naided by any device other than correct ive lenses, as specified on the PIC’s FAA

- issue d airman medical certificate or U.S. driver’s
license.
6. All operations must utilize a visual observer (VO). The UA must be operated wi thin the visual line of sight (VLOS) of the PIC and VO a t all times. The VO may be used to satisfy the VLOS requirement as long a s the PIC always maintains VLOS capability. The VO and PIC must be
able to com municate verbally at all times; electronic messaging or texting is not permitted10

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 tha t the VO can perform
the duties required of the VO.
7. This exemption and all documents needed to operate the UAS and conduct it s operations in
accordance with the conditions and limit ations stated in this grant of exemption, are hereinafter referred to as the ope rating documents. The operating documents must be accessible during UAS opera tions and made available to the Administrat or upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outli ned in the operating documents, the conditions and limitations herein take

p recedence and must be followed. Otherwise, the operator mu st follow the procedur es 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 or any la w enforce ment official upon request. The operator must also present updated and revised document s if it petitions for extension or amendment to this grant of exemption. If the operato r determines that any update or revision would affect the basis upon whic h the FAA g ranted this exemption, then the operator must petition for an amendment to its gr ant of exemption. The FAA’s UAS Integration Office (AFS

80) may be contacted if quest ions arise regarding updates or revisions to the operating
documents.
8. Any UA S that has undergone maintenance or alteration s that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further o perations under this exemption. Fun ctional test flights may only be conducted by a P IC with a VO and must remain at least 500 feet from other people. The functional test f light must be conducted in such a manner so as to not pose an undue hazard to persons and property.
9. The operator is r esponsible for maintaining and inspecti ng the UAS to ensure that it is in a condition for safe operation.11

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

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

- flight inspect ion must account for all potential discrepancies, e.g. inoperable componen ts, items, or equipment. If the inspection reveals a condition that affects the safe operat ion of the UAS, the aircraft is prohibited from operating until the necessary mainten ance h as been performed and the UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufa cturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comp ly with all manufacturer safety
bulletins.
13. Under this grant of exemption, a PIC must ho ld either an airline transport, commercial, private, recreational, or sport pilot certif icate. The PIC must also hold a cu rrent FAA airman
medical certificate or a valid U. S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory

, a possession, or the Federal government. The PIC must also meet the flight r eview requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner cons istent with how the UAS will be operated under this exemption, including evas ive and emergency maneuvers and maintaining appropriate distances from persons, vessel s, vehicles and structures. PIC qualification flight hours and currency must be log ged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of train ing the operator’s PICs and VOs (training, proficiency, and experience

building) and d etermining the PIC’s ability to safely operate the UAS in a manner consistent
wi th how the UAS will be operated under this exemption are permitted under the te rms of this exemption. However, training operations may only be conducted during dedi cated training sessions. During training, proficiency, and experience

- building flights , all persons12

not essential for flight operations are considere d nonparticipants, and the PIC must operate
the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119

. 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under v isual meteorolo gical conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
16. The UA may not operate within 5 nautical miles of an a irport reference point (ARP) as denoted in the current FAA Airport/Facility Dire ctory (AFD ) or for airports not denoted with an ARP, the center of the airport symbol as deno ted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted b y a COA issued to the ex emption holder. The letter of agreement with the airport ma nagement must be made available to the Administrator or any law enforcement official upon request.
17. The UA may not be operated less than 500 fee t below or less than 2,000 feet horizontally
from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return t predetermined location within the private or controlled

- access property. 19. The PIC must abort the flig ht in the event of unpredicted obstacles or emergencies.
20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.
21. Air Traffic Organization (ATO) Certificate of Wai ver or Authorization (COA). All operations
shall be conducted in accordan ce with an ATO

- issue d COA. The exemption holder may apply for a new or amend ed COA if it intends to conduct operations that cannot be conducted
under the terms of the attached COA.13

22. All aircraft operated in accordance with this exempti on must be identified by serial number
, registered in accordance with 14 CFR part 47, an d have identification (N Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
23. Documents used by the operator to ensure the safe oper ation and flight o f the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time t he aircraft is operating. These documents must
be made available to the Admin istrator or any law enforcemen t official upon request.
24. The UA must remain clear and give way to all manned aviation operations and activities at
all times.

25 . The UAS may not be operated by the PIC from any moving device or vehicle.
26. All Flight operations must be conducted at l east 500 feet from all no nparticipating 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 acc ident. The operator must ens ure that nonparticipating persons remain under such pr otection. If a situation arises where nonparticipating persons leave such protec tion and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonpar ticipating persons; and
b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined tha t it does not present an undue hazard.
The PIC, VO, operator trainees or essen tial persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or controlled

- access property with permission
fr om the property owner/controlle r or authorized representative. Permission from property14

owner/controller or au thorized representative will be obtained for each flight to be
conducted.
28. Any incident, accident, or flight operation that trans gresses the la teral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) with in 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructi ons contained on the NTSB Web site: www.ntsb.gov.

F or the purpose o f closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.
29. The operator must have a motion picture and telev ision ope rations manual (MPTOM) as documented in this grant of exemption.
30. At least 3 days before aerial filming, the opera tor of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Stan dards District Office (FSDO) wit h jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the
concurrence of t he FSDO. The plan of activities must include at least the following:
a. Dates and times for all flights;
b. Name and phone number of the operato r for t he UAS aerial filming conducted under this grant of exemption;
c. Name and phone number of the person responsibl e for the on

- scene operation of the UAS;
d. Make, model, and serial or N

- Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming prod uction event; the list of those who gave permission must be made available to the inspector upon request;15 g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted an d the altitudes essential to

acc omplish the operation.
31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.
Intelligent Imagery, LLC ’s UA are rotorcraft, weighing 55 lbs. or less including payload. They operate, under normal conditions at a speed of no more than 50 knots and they have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will oper ate only within VLOS and only within the restrictions above and inside the manufacturer’s manuals and the MPTOM

. Such operations will insure that the UA will "not create a hazard to users of the national airspace system or the public." 4

Given the small size of the UA in volved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UA to commence immediately. Also
, due to the size of the UA and the restricted areas in which the relevant UA will operate, approval of the application presents no national security issue.
Since the UA fully loaded weighs no more than 55 lbs. and is op erated without an onboard pilot, there is no ability or place to carry certification and registration documents or to display them on the unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the ground control poi nt where the pilot flying the UA will have immediate access to them. Also, g iven the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.

4 Reform Act Section 333(b).16

I X. REGULATIONS FROM WHICH EXEMPTION IS NEE DED

A. 14 C.F.R. § 61.23 (a) & (c): Medical Certificates
Exemption # 11221
, # 11284, and many other s have provided that a U.S. driver’s license
could be used in lieu of the medical certificate provides an equivalent level of safety.

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations.
Exemption # 11221, # 11284, and many others have declared that there is an equivalent level of safety as the FAR’s by requiring the PIC to “ hold either an airline transport, commercial, private, recreational, or sport pilot certificate.” Likewise, Intelligent Imagery, LLC is also performing commercial UAS work and is asking for the same restrictions which have been previously deemed to provide an equivalent level of safety as the burdensome regulations.

C. 14 C.F.R. § 61.113 (a) : Private Pilot Privileges a nd Limitations: Pilot In Command.

Sub

- sections 61.113(a) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a sport pilot license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board.

D. 14 C.F.R . § 91.7(a ): Civil Aircraft Airworthiness.
As there will be no airworthiness certificate issued for the unmanned aircraft, a nd no FAA regulatory standard will exist for determining airworthiness of the UA, the requirements contained in
the manufacturer’s manual s , the MPTOM, and the restrictions already agreed to will provide an equivalent level of safety.
Furthermore, all of the aircraft above except for the Phantom 3 has been previously evaluated
and deemed to have the equivalent level of safety of the r egulations if operated under the restrictions
above. Therefore, this aircraft should not be required to have an airworthiness certificate based upon the FAA’s previous determinations.17

E. 14 C.F.R. § 91.119 : Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter c omplies with any route or altitudes prescribed for helicopters by the FAA.

B ecause of the lack of flammable fuel, any risk associated with these operations is far less than those presen tly presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119

.
F. 14 C.F.R. § 91.121 : Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter

set ting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to following the manufacturer’s manu als. Furthermore, many other petitions have been granted allowing GPS to be used in lieu of an altimeter setting.

G. 14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions
Section 91.151 (a) prohibits an individual from beginning "a flight in a n airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that
for at least 30 minute s; or ( 2 ) At night, to fly after that for at least 45 minutes."
Applicant believes that an equivalent level of safety can be achieved by restricting operations to

“ the intended operation and to operate after that for at least five minutes or with the reser ve power recommended by the manufacturer if greater. ” Exemption # 11284 , at page 5

.18

H. 14 C.F.R. § 91.405 (a); § 91. 407 (a) (1); § 91. 409 (a) (2); § 91. 417 (a) & (b): Maintenance Inspections
These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) o f this section, have discrepancies repaired as prescribed in part 43 of this chapter" 5 and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certific ate, these sections will not apply to the applicant. An equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time.
Moreover , the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Lastly, the petitioner will operate in accordance with the manufacturer’s manuals ref erenced and MPTOM which will provide an equivalent level of safety as the burdensome regulations.

X. CONCLUSION The operation of Intelligent Imagery, LLC using a small UAS , weighing less than 55 lbs., conducted under the proposed restrictions outlined above, will provide an equivalent level of safety support ing the grant of the exemptions requested herein.
If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at ( 561 ) 222

- 6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________ Jon athan Rupprecht, Esq.

5 14 C.F.R. § 91.405(a).