# FAA Petition for Exemption Under Section 333

Submitted by: D DeMaagd Photography LLC Address: 1950 Hall St SE, Grand Rapids MI 49506 Date of Submission: 12/28/2015

1 

### D. DEMAAGD PHOTOGRAPHY LLC

### Summary D DeMaagd Photography LLC seeks exemption from the requirements of 14 CFR §§ 61.113(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1),14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (2); 14 CFR 91.417(a) and (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 D DeMaagd Photography LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for marketing



### Table of Contents Operator’s Name and Address (Page 3) The make and model of the aircraft for proposed operations (Page 3) The proposed operations (Page 4) The Specific Applicable Regulations from which relief is required (CFRs) (Pages 5-6) How the Operator Will Maintain an Equivalent Level of Safety or No Adverse Impact to Safety (Pages 7, 9-12) How granting the exemptions would be in the public interest (Page 8)

2

# Operator Contact Information: UAS Operator: David Paul DeMaagd Address of Operator : 1950 Hall St. Grand Rapids, MI 49506 Email Address of Operator: DDEMAAGD2@GMAIL.COM Safety Record of Operator: Over 100 hours of flying DJI Phantom 2 and DJI Inspire 1 as a hobbyist with no adverse safety events



## The make and model of the aircraft for proposed operations:

UAS Model: DJI Inspire 1 The DJI Inspire 1 is a vertical takeo ff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Inspire 1 UAS is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 

### UAS FAA Registration Number Displayed on UAS: FA3H99FM7N

3

# The Proposed Operations: About the operator: David DeMaagd through his LLC, D DeMaagd Photography LLC, provides his clients with high quality digital images and videos. He has created various digital media for clients in the fields of engineering, construction, golf courses, weddings, and more. In the past 2 years, he has safely flown over 100 hours with the DJI Phantom 2 and DJI Inspire 1. In over 100 hours of flying time as a hobbyist, David DeMaagd has had a perfect safety record and consistently uses the FAA’s “I Fly Safe” pre-flight checklist. 

### Proposed Operations/Services Utilizing UAS: Aerial inspections of public and private structures. Aerial photography/videography of houses / residential and commercial buildings Aerial event photography/videography Aerial event filming Aerial Appraisals Real Estate Marketing Insurance Inspections of Home and Property Commercial Advertising Video and Photography Real Estate Photography and Videography Increase public knowledge of UAS and promote safe UAS operations Wildlife management and Nature Monitoring

4

## The Specific Applicable Regulations from Which Relief is Required: 14 CFR §§ 61.113(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1),14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (2); 14 CFR 91.417(a) and (b)

Private Pilot Privileges and Limitations: Pilot in Command: 14 CFR § 61.113(a) The regulation requires that: (a), No person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Applicant requests full relief from the regulation, due to the fact that the sUAS that will be operated by Applicant if this request for exemption is granted do not have onboard pilots; nor do they carry passengers or property. The Applicant will ensure that an equal level of safety as is required by the regulation is maintained by having an operator with over 100 hours of logged safe flight time and following all safety protocols outlined in this petition.

Airworthiness required for operation: 14 CFR 91.7(a) Exemption from 14 CFR 91.7(a) is requested, as D DeMaagd Photography LLC ensure that the UAS is in compliance with its operating documents as described herein. The Pilot in Command (PIC) will assure that all Preflight Checks are completed and documented and execute full compliance with all manufacturer’s operation and maintenance documents.

Minimum Safe Altitudes: 14 CFR 91.119(c) This regulation requires all operation to remain no closer than 500 feet from persons, vessels, vehicles, and structures.D DeMaagd Photography LLC requires relief from § 91.119(c) is because all operations will be conducted below 400 feet AGL and may be operated closer than 500 feet from persons, vessels, vehicles, and structures as described above. Prior to conducting UAS specific operations, all persons not essential to flight operations (nonparticipating persons) must remain at appropriate distances. In open areas, the UA will remain 500 feet from all persons other than essential flight personnel (i.e. the PIC and VO). If barriers or structures are present that can su ffi ciently protect nonparticipating persons from debris in the event of an accident then the UA may operate closer than 500 feet to persons a ff orded such protection. D DeMaagd Photography LLC will 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. The primary concern, when considering how to immediately cease operations, is the safety of those nonparticipating persons. Operations may be conducted closer than 500 feet to vessels, vehicles and structures when the land owner/controller grants such permission and the PIC makes a safety assessment of the risk of operating closer to those objects.

5Altimeter settings: 14 CFR 91.121 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 setting available before departure.” As the SUAS 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 by confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Fuel Requirements for Flight in VFR Conditions: 14 CFR 91.151(a)(1) This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” Similar UAS-specific relief has been granted an Exemption Nos. 8811, 10808, and 10673 for daytime, Visual Flight Rules (VFR) conditions. Given the manner in which a UAS is operated by flying within a confined operating area and flying pre-planned routes, the flights can be completed prior to fuel/battery depletion. The pilot will not begin a flight unless there is enough available power to conduct the operation and then operate for at least 5 minutes or with the reserve power recommended by the manufacturer if greater. Maintenance Inspections: 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (2); 14 CFR 91.417(a) and (b) 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) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” 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 certificate, these sections will not apply. An equivalent level of safety will be achieved because these small UASs are very limited in size, will carry a small payload, and operate only in restricted areas for limited periods of time. If mechanical issues arise, the SUAS can land immediately and will be operating from no higher than 400 feet AGL. 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.

6

### How the Operator Will Maintain an Equivalent Level of Safety or No Adverse Impact to Safety: (For more on safety please see the safety manual Appendix A) 1) Before each flight, a safety briefing will occur and the safety checklist found below will be filled out. 2) The DJI Inspire 1 will weigh significantly less than 55 pounds (Around 6.5 lbs with battery attached) 3) The DJI Inspire will have a maximum operating speed of less than 50mph 4) The DJI Inspire 1 uses gyroscopes, altimeter, GPS, and accelerometer for safe, stable flights 5) Flights will operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO) 6) Maximum flight time will not exceed 18 minutes and the DJI Inspire 1 will return to operator when battery level reaches 20% 7) The UAS pilot will the the Pilot in Command and will have a minimum of 20 hours logged flight time on the DJI Inspire 1. 8) All flights will be logged and debriefing will occur after each flight 9) All maintenance will occur only by a certified professional and all maintenance records will be cataloged and filed 10) Flights will only occur under visual flight rules meteorological conditions 11) The flights will not occur closer than a 5-mile radius of an airport 12) The operator will obtain verbal/written consent of all persons involved in the flight and only consenting persons will be allowed within 100 feet of the PIC 13) If the DJI Inspire 1 loses communication with remote, it will autonomously land at the site of the takeoff 14) In case of emergency the DJI Inspire 1 will hover in place and then land at the site of the original takeoff 15) The DJI Inspire 1 will be inspected before and after each flight 16) The PIC will not fly the DJI Inspire 1 near large crowds of people 17) The PIC will not fly the DJI Inspire 1 near stadiums, sporting events, or other UASs 18) The PIC will not fly the DJI Inspire 1 under the influence of drugs or alcohol 19) The PIC will not fly the DJI Inspire 1 near emergency situations or in emergency response 20) The PIC will not fly the DJI Inspire 1 will be flown below 200 feet 21) The DJI Inspire 1 software will be updated prior to each flight 22) The DJI Inspire 1 will not be operated near heavily trafficked roads

7

## How granting the exemptions would be in the public interest: If this petition is granted, the public will benefit in a variety of ways. D DeMaagd Photography LLC will safely and efficiently provide a unique service to businesses, a unique product for customers, and be a positive for the environment in comparison to a manned aircraft. 1) The DJI Inspire 1 operates using electric motors, which pollute significantly less than a larger, heavier, manned aircraft 2) The DJI Inspire 1 does not use an onboard pilot or crew, which removes the risk of human life in comparison to a manned aircraft 3) The DJI Inspire 1 is able to capture aerial images and video in a much more economical fashion compared to a manned aircraft, which will help small business owners save money 4) The DJI Inspire 1 is able to capture unique aerial images and video not possible with a manned aircraft, which will help companies create unique marketing materials and help stimulate new business 5) The DJI Inspire 1 operates using electric motors, which are significantly quieter in comparison to manned aircraft 6) There is no risk of privacy concerns as all laws, regulations, and guidelines will be strictly adhered to

8

## APPENDIX A (Safety Manual) Objective of Safety Checklist: This checklist is designed for the safe and effective use of a DJI Inspire 1 By following the proper protocols we can achieve a 100% safety record 

### Our Safety Values:

- Safety for others

- Safety for property

- Safety for operator 

### Our Safety Beliefs:

- Safe operation of the UAS is our #1 priority

- If any safety check is negative, proper remediation must occur before flight 

### Acronyms Used in Manual: DJII - DJI Inspire 1 UAS - Unmanned Aerial System

UAV - Unmanned Aerial Vehicle

PIC - Pilot in Command VLOS - Visual Line of Sight

RC - Remote Control



## If a “NO” is checked during the following pre-flight check, remediation must occur prior to take-o ff

9Flying Environment Yes No Are the winds under 20 mph in the area? Is the flying area and forecast clear of rain, snow, hail, storms, and fog? Is the flying area free of people? Is the flight path free of trees, power lines, cell phone towers, tall buildings or other obstructions? Will it be easy to fly the DJI Inspire 1 100% within the visual line of sight? Is the temperature within the optimal operating temperature range? Is there a stadium or sports event nearby? Is there another aircraft or UAS nearby? Is there an emergency response nearby? Is the operator under the influence of drugs or alcohol?

Battery (Inspire Intelligent Flight Battery) Yes No Is battery fully charged? Is spare battery fully charged? Does battery appear physically damaged? Does battery fit properly into DJI Inspire 1 1? Is battery charger undamaged? Is battery connection in DJI Inspire 1 undamaged? Is temperature of flying environment within safe operating range for battery? Is battery life above 80%

10IPad Monitor Yes No Is monitor fully charged? Are antennas securely attached? Does monitor properly connect to remote control? Does monitor work properly when DJI Inspire 1 is powered on?

DJI Inspire 1 (Power O ff Inspection) Yes No Is the DJII shell in good condition? Is Compass securely attached? Are all screws tightened? Are air vents open without blockage? Are propellers in like-new condition? Do propellers securely attach to motors? Are motors in good condition (visual check)? Are motors in good condition (physical check)? DJI Inspire 1 (Power On Inspection) Yes No Does gimbal go through range of motion when powered on? Does iPad screen receive clear, live video from the DJI Inspire 1 when powered on? Do the bottom LED flight indicator lights illuminate when powered on? Do the LED flight indicators demonstrate the aircraft is in “Normal Status” Do propellers turn evenly and smoothly? Is DJI Inspire 1 ready to fly with full GPS signals

11DJI Inspire 1 (Power On Inspection) Yes No

DJI Inspire 1 Remote Controller Checks Yes No Does the remote controller have full battery? Is the remote controller properly configured? Is the remote controller updated to the latest firmware? Is the remote controller functioning normally?

Compass Calibration Yes No Will the Inspire 1 be used in an area of strong magnetic interefence? Are there any ferromagnetic materials nearby? Has the compass been properly calibrated?

12