1 23 October 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption request under Section 333 of the FAA Modernization and Reform

Act of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11, So Close LLC requests exemptions from several provisions of the Federal Aviation Regulations (FAR), specifically portions of 14 C.F.R Parts 45, 61, and

91 to allow among other things, commercial operations of its DJI Inspire 1 small Unmanned Aircraft System (sUAS) in the Continental United States (CONUS) by

individuals who have FA A Private Pilot certificates and have completed So Close LLC ’s training progra m for sUAS Operations

.

The Inspire 1 is an electric powered rotary wing sUAS capable of transmitting live airborne video images and location information to a Ground Control Station (GCS). The Inspire 1 stores the photographs and data on board and makes th em available for download after completion of the flight. The Inspire 1 is 22 in x 22 in x 8 in and weighs 6.4 pounds, well under the 55 lbs

. mandated in the FMRA. The Inspire 1 can conduct hovering flight and has a maximum cruising speed of 42 knots. It i s battery powered, has a flight endurance up to 23 minutes and can operate in temperatures ranging from

0° to 40° C. The Inspire 1 ’s omni

- directional antenna has a range of 2.1 km and operates in the 2.420

– 2.483 GHz frequency range. The Inspire 1 is in compliance with Part 15 of the FCC Rules as can be seen on page 62 of the product User’s Manual.

DJI is a leader in the sUAS rotorcraft market. There are thousands of DJI products being used in the recreational and hobby industry. The Inspire 1 can operate safely in the National Airspace System (NAS), without posing a threat to national security, by operating in accordance with the requirements discussed herein. Additionally, So Close

LLC will utilize private pilots with extensive sUAS experience gained from working with the Department of Defense and other government and commercial organizations that

set s them apart from most 333 applicants.

The Inspire 1 ’s capabilities, along with So Close LLC personnel’s prior experience conducting manned and unm anned operations, m aintenance, and providing Initial Qualification Training (IQT) within the group 1

- 3 UAS Market supporting both Department of Defense and commercial entities ; makes our organization we ll suited to conduct commercial operations maintaining Visual Line of Sight (VLOS) in NAS . Use of

the Inspire 1 reduces pilot, crew, and those on the ground overall risk as the Inspire 1 is

carried to the area o f operations and not flown . As a result of the Inspire 1 ’s size, weight, maximum speed, operationa l capability, and safety record

, the system does not create a hazard to users of the NAS or the public. Neither does it pose a threat to

national secu rity. The petitioner states , given the clear direction in Section 333, the2 strong equivalent level of safe ty surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in env ironmental impacts, reduced emissions associated with allowing UAS operations , the FAA should grant So Close LLC the requested exemptions

. Alternatively, if the FAA finds that modification of So Close LLC application is required for safe operation of the Inspire 1 in the NAS, So Close LLC requests that the FAA delineate the required modifications and either process So Close LLC application as if the modifications were already made or allow So Close LLC to amend its application to incorporate the FAA’s findings.

1. Contact Information

So Close LLC

E mail: soclosellc@gmail.com or peter.helman@soclosesystems.com

2. The specific sections of Title 14 of the Code of Federal Regulations from which So Close LLC requests exemption are:

14 CFR 21 ; 14 C.F.R. 45.23(b) ; 14 CFR 61.113 (a) & (b ) ; 14 C.F.R. 91.7 (a) ; 14 C.F.R. 91.9 (b) (2) ; 14 C.F.R. 91.103 ; 14 C.F.R. 91.109 ; 14 C.F.R. 91.119 ; 14 C.F.R. 91.121 ; 14 C.F.R. 91.151 (a) ; 14 C.F.R. 91.203 (a) & (b) ; 14 C.F.R. 91.405 (a) ; 14 CFR 407 (a) (1) ; 14 CFR 409 (a) (2) ; and, 14 CFR 417 (a) & (b).

3. The extent of relief So Close LLC seeks and the reason for such relief:

So Close LLC submit s this application in accordance with the Reform Act, 112 P.L. 95 §§ 331334, seeking relief from any currently applicable FARs operating to p revent So Close LLC from conducting sUAS flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s intere st to do so. T he

definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of UAS is expressly contemplated by the Reform Act. So Close LLC is seeking relief as to operate s UAS prior to the time period by which the Ref orm Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all sUAS . The Reform Act guides the Secretary in determining the ty pes of UASs that may operate safely in our national airspace system. Considerations include:3 The weight, size, speed and over all capabilities of the UAS's ; w hether the UAS will be operated near airports or heavily populated areas ; and, w hether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an

exemp tion. The Inspire 1 UAS utilizes four (4) counter rotating propellers for balance, control and stability. This system is equipped with GPS and auto return safety technology w eighing less than seven (7) pounds (far below the maximum 55 pound limit) ; including camera with gimbal.

This exemption application is expressly submitted to fulfill Congress goal in passing Section 333 (a) through (c) of the Reform Act . This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under section 332 of the Reform Act. In making this determination, the Secre tary is required to determine which types of UAS do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a).

Lastly, if the Secretary determines that such vehicles “may operate in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added) 1

The FRMA expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms inclu des exempting civil aircraft, as the term is defined under §40101 of the Act that includes sUAS, from the requirement that all civil aircraft must

have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a re gulation 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 49U.S.C. §44711(a); 49 U.S.C. 44704; 14 C.F.R. §91.203 ( a) (1).

_____________________________________________________________________

1 Applicant interprets this provision to place the duty on the Administrator t o not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the operation of the UAS, if it should be determined that the conditions set forth here in do not fulfill the statutory requirements for approval.4 So Close LLC sUAS are rotorcraft, weighing 55 lbs. or less, including payload. They operate under normal conditions at a speed of no more than 50 knots and have the capability to hover and move in the vertical and horizontal plane simultaneously. They will operate within line of sight and will only operate under strict risk mitigation gui delines as outlined in the So Close LLC Commercial sUAS Flight Operations Manual (hereinafter “the Manual”) 2 . Such operations will insure the sUAS will “not create a hazard to users of the national airspace system or the public” 3

.

G iven the small size o f the sUAS involved and the restricted environment within which they will operate, the applicant falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operati ons of UAS to commence immediately. Also, due to the size of the UAS and the areas in which the relevant sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the aut hority contained in the Federal Aviation Act as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including

reduced emissio ns associated with allowing sUAS for commercial operations, the grant requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that FAA grant the requested exemption without delay.

4. How So Close LLC request will benefit the public as a whole:

Providing the commercial market with imagery of difficult and or costly locations, at the same time supporting a safer and more efficient environment, limiting risk and reducing environmental impact in all is a winning combin ation for our nation.

Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget real estate companies and average homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury

homeowners can afford to absorb such expense. This capability allows a larger portion of the market to take advantage of this valuable marketing tool.

__________________________________________________________________________________

2 Applicant provides this manual as a Confidential document under 14 C.F.R. 11.35 (b) as the entire manual contains proprietary information that the applicant has not and will not share with others. The manual contains operating conditions and procedures tha t are not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

3 Reform Act Section 333 (b)5 The public’s interest is additionally furthered by allowing small businesses in the tourism industry to af ford the currently cost prohibitive aerial photography used by large international corporations. An example would be the ability of International Cruise Lines

to draw business to their privately owned operations in the Caribbean away from local

Floridian a ttraction providers. Additionally, smaller private hotels/resorts are harmed by international resorts and their ability to market using such aerial videography drawing

business outside the economic benefit of the United States. Congress has already proclai med that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting So Close

LLC this exemption request furthers the public interest throughout t he State of Florida

and the nation

. The Inspire 1 UAS is battery powered and creates no emissions that can harm the environment. The consequence of light weight UAS crashing is far less than a full size helicopter or fixed wing aircraft as they are large in comparison as wel l as heavy

contain ing combustible fuel and can cause catastrophic devastation to the public during

a crash

. Manned aircraft can pose a threat to the public through potential catastrophic crash that many local communities have experienced in the past with general aviation, corporate, commercial and military aircraft accidents . These have resulted in a loss of life and endangered the public with combustibl e fuel burn ing on impact. s UAS poses no

such threat since size and lack of combustible fuel alleviates any potential threat to the public. Additionally, this furthers the public’s interest by making it safer for business t o conduct aerial photography while supporting economic growth.

5. Reasons why So Close LLC exemption will not adversely affect safety or how the exemption will provide a level of safety at least equal to existing rule:

T he Inspire 1 is safe and fit for operation in the NAS under the conditions listed herein.

In support of this application, So Close LLC provides the following documents, the Inspire 1 Flight and Maintenance Manual and the So Close LLC Commercial sUAS Flight Operations Manual

.

6. Mandatory Operating Conditions

So Close LLC proposes that the grant of the exemption be subject to the following mandatory conditions which are based up on operating conditions set forth for operation of sUAS for commercial use pursuant to Certificates of Waiver or Authorization, with
additional restrictions;

• Class II Flight Physical

• Aircraft will not exceed 42 knots

• Aircraft to remain within Visual Line of Sight (VLOS)

• Operations to occur during daylight hours6 • Above Ground Level (AGL) altitude to be restricted to 400 feet

• Pilot in Command will file a NOTAM for each flight

Pilot in Command (PIC) Qualifications

So Close LLC propos es the following sUAS Operator :

Pilot in Command Qualifications Hours

Pilot In Command Qualifications Hours

Pilot 1 Private Pilot / A&P Mechanic
FAA Certificate: 2745119 ScanEagle sUAS Instructor / Evaluator
Aerosonde sUAS Instructor / Evaluator 59.0 Hrs.

220.8 Hrs.
283.0 Hrs.

If future requirements dictate, this request will be amended to identify subsequent company personnel

.

7. Aircraft Information and Emergency Procedures

The Inspire 1 is an inherently stable, lightweight aircraft that weighs 6.4 lbs. Moreover, although the aircraft can be configured to give the pilot full control of the aircraft and payload during flight, the Inspire 1 has an advanced autopilot that flies the aircraft, managing altitude and flight path within the intended flight envelope at all times when the that flight mode is engaged. The autopilot limits maneuvering to simple airspeed, altitude, and turn rate changes. These limits are hard coded into the autopilot a nd define the aircraft’s normal flight operating envelope. The autopilot manages, pitch, roll, yaw and collective throttle to maintain target airspeed, target turn rate, and target altitude. All flight modes utilize GPS and in the event of unintended input the aircraft can be put into an operator controlled flight mode that allows for the aircraft to come to an immediate hover. Turn rates and airspeeds are limited by the autopilot and do not allow commands that are outside of the normal operating envelope.

Equally significant, the Inspire 1 is comprised of composite materials, has energy absorbing landing gear that reduce damage in the event of a hard landing and is composed of carbon fiber and plastic components.

The DJI Inspire 1 has additional safety feat ures to facilitate safe integration into the

NAS. The Inspire 1 GCS software incorporates “Flight Restriction” areas around all B, C, and D airports. These flight restriction areas have different levels of notification, from warnings on the Ground Control Station, to altitude restrictions and finally not allowing

the start of the motors.

Another feature that is pilot defined, allows for altitude and distance limits to be set on

the GCS. So Close LLC believes this is a key safety attribute that will allow s eamless integration into the NAS and compliance with all FAA regulations.7 The Inspire 1 has three failsafe emergency procedures:

Loss of Communication: In the event the communication link with the operator ’ s ground control station is lost, the Inspire 1 en ters return to home mode after three seconds of

transmission loss. The aircraft climbs to a Pilot defined altitude based on obstacle height. It then returns to the home waypoint, hovers for 15 seconds while trying to

establish connection. The aircraft cond ucts a controlled landing then shuts off the

motors if connection is not reestablished.

Low Battery: The low battery emergency procedure is triggered when the DJI smart battery is depleted to a point that may affect the safe return of the aircraft; the Pil ot in Command will Land as Soon as Possible. The thresholds for these warnings are automatically determined based on the current aircraft altitude and its distance from the Home point.

Loss of GPS: A loss of GPS while in guidance mode will cause the aircra ft to hover using the onboard altimeter. This will allow the Pilot in Command to land the aircraft as soon as possible. Additionally, the aircraft utilizes an “optical flow” sensor that uses ultrasonic and image data to help the aircraft identify its position. This allows for the

aircraft to hover when GPS is lost.

8. Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. § 45.23(b)

– Display of marks; general

The regulation requires:

When marks include only the Roman capital lette r "N" and the registration number is displayed on limited, restricted or light

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

- sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be

nee ded as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Restricted” can be placed as required by this provision. Two

- inch lettering also is not possible given the overall size of the Inspire 1

. So Close LLC , therefore

, requests an exemption to display, with one

- inch lettering the word “Restricted” on the fuselage in compliance with §45.299(f).

The equivalent level of safety will be achieved by having the Inspire 1 marked with one inch lettering on its fuselage because the pilot, observer, and others working with the

sUAS will have the identification of the aircraft as “Restricted”. The FAA has issued similar exemptions to this regulation, including to Pioneer Hi

- Bred International, Inc.,

Exemption No. 10810; Raytheon M issile Systems/Advanced Programs, Exemption Nos. 10167 and 8738; and Trimble Navigation Limited, Exemptions No. 10700 and 11042.8 9. 14 C.F.R. § 91.7 (a) and (b): Civil aircraft airworthiness

Sections 91.7 (a) and (b) prohibit operation of a civil aircraft unl ess it is in airworthy

condition. So Close LLC requests an exemption from this regulation because the Inspire

1 would not operate with an airworthiness certificate under the proposal set forth in this filing. Given the size of the aircraft and requirements contained in the m anual for maintenance and use of safety check lists prior to each flight, as set forth in in the operators manual, an equivalent level of safety will be provided.

10. 14 C.F.R. § 91.109(a): Flight Instruction

Section 91.109 (a) provides t hat no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The Inspire 1 is a remotely piloted aircraft, and, by design, it does not have fully functional dual controls. Flight control is accomplished through the

use of a control box that communicates with the aircraft via radio communications. Completing instruction through t he So Close LLC training program will ensure an equivalent level of safety.

The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exempti on Nos. 5778K and 9862A.

11. 14 C.F.R § 91.119 Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section 91.119 (c) limits aircraft flying over areas other than congested areas to an

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

As set forth herein, the Inspire 1 will never operate at higher than 400 feet AGL. Because agriculture, aerial survey work, and aerial imagery must be accomplished at relatively low altitudes, i.e. less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight speed, and

material with which the Inspire 1 is built. Also, no flight will be taken without the permission of the land owner or the party controlling the land. With advance notice to
the landowner, all affected individuals will be aware of agriculture, survey, and aerial imagery. Compared to similar operations conducted with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry flammable fuel, any risk associated with these opera tions will be far less than those currently allowed with such conventional aircraft operating at or below 500 feet AGL.9 12. 14 C.F.R. § 91.151 (b): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (b) prohibits an individual from beginning “a f light in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

The Insp ire 1 ’s battery provides 22 minutes of powered flight. Without an exemption from 14 C.F.R. §91.151, the Inspire 1 ’s flights would only be allowed to fly for 2 minutes. Given the limitations on its proposed operations and the location of those proposed

ope rations, a lesser reserve for flight in VFR conditions is reasonable. So Close LLC believes that an exemption from 14 C.F.R. § 91.151 (a) is safe and consistent with the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate wit hout compliance with 91.151 (a))

. Operating the Inspire 1 sUAS without 20 minutes of reserve fuel does not engender the type of risks that Section 91.151 (a) was meant to prevent. Given its weight and construction material,

the risks are less then contemplated by the current regulation.

So Close LLC believes that an equivalent level of safety can be achieved by maintaining 3 minutes of reserve fuel, which, allowing 19 minutes of flight time, would be more than adequate to return the UAS to its planned landing zone from anywhere in its visual line of site operating area. Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673, and 10808.

13. 14 C.F.R § 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a): Ma intenance inspections

Section 91.405 (a) requires that an aircraft operator or owner “[s]hall have that aircraft inspect ed as prescribed in subpart E of this part and shall between required inspections, excepts as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409 (a) (2) requires an annual inspection for

issuance of an air worthiness certificate. Section 91.417 (a) requires that an owner or operator keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of

the aircraft for return to service.

Maintenance of the Inspire 1 will be accomplished by So Close LLC Operators pursuant to the manuals provided by DJI. An equivalent level of safety will be achieved because

the Inspire 1 is small in size, will operate only in predetermined areas, and is not a complex mechanic al device. With the combined use of the DJI Inspire 1 user and

maintenance manual ’s, So Close LLC sUAS Flight Operations Manual

, the Pilot I n Command of the Inspire 1 will ensure th e system is in safe working o rder prior to initiating flight. So Close LLC pilots will perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the Pilot I n Command, prior to all flights will ensure the aircraft is safe for flight, which will provide an equivalent level of safety.10 Federal Regi ster Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the Federal Register, should the FAA determine that publication is needed:

Docket No.: No. FAA

- 2015

-

Petitioner: So Close LLC

Section of 14 CFR: 14 C.F.R. § 45.23(b), 14 C.F.R. § 61.113(a) and (b), 14 C.F.R. § 61.133(a), 14 C.F.R. § 91.7(a) and (b), 14 C.F.R. § 91.109(a), 14 C.F.R. § 91.119, 14 C.F.R. § 91.151(a), 14 C.F.R. § 91.405(a), 14 C.F.R.§ 91.407(a)(1), 14 C.F.R. § 91.409(a)(2), 14 C.F.R. § 91.417(a).

Description of Relief Sought: So Close LLC is seeking an exemption to conduct commercial agriculture, aerial survey, and imagery operations using a small Unmanned Aircraft System (55lbs or less) in areas of the continental United States and U.S.

Territori es

. Based upon the foregoing, So Close LLC requests that the FAA grant it the necessary exemptions under Section 333 of the FAA Reform ACT and 49 U.S.C. §44701(f) of the Federal Aviation Act as requested herein to allow commercial operations of the Inspire 1

within the continental United States and its territories.

Sincerely,

Peter J. Helman Managing Director
So Close LLC