1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No.

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**In1Spot Photography**

**– The Sidwell Group** 

**FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS**  **21 subpart H, 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 THE DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEM**  **PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

**(PUBLIC LAW 112**

**- 95)** 

Submitted on August 2
, 2015

Richard Sidwell In1Spot Photograph y

– The Sidwell Group 10855 Dancing Aspen Drive Reno, NV 89521 775

- 830

- 46252

**TABLE OF CONTENTS**

GLOSSARY OF ABBREVIATIONS 3

SUMMARY 4

IN TRODUCTION AND INTEREST OF PETITIONERS 4

BACKGROUND 5

BASI S FOR PETITION 5

NAME AND ADDRESS OF PETITIONERS 7

THE SPECI FI C SECTIONS OF 14 C.F.R. FROM WHI CH In1Spot Photography SEEKS EXEMPTI ON 8
THE EXTENT OF RELIEF In1Spot Photograph y SEEK AND THE REASON In1Spot Photograph y SEEKS THE RELIEF 11

THE REASONS WHY GRANTING REQUEST WOUL D BE IN THE PUBLIC IN TEREST 14

THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSEL Y AFFECT SAFETY 16

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER 28

CONCL USION 29

APPENDIX 303

**GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level AOI Area Of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Groun d Control Station GPS Global Positioning Sy stem LOL Lo ss of Link NAS National Airspace System NOTCAM Notice To Airmen PI C Pilot I n Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safet y Observer SOP Standard Operating Procedure UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine Of Sight VMC Visual Meteorological Conditions VTOL Vertical Takeoff And Landing4 **SUMMARY** Richard Sidwell, Co

- Owner of In1spot Photography

– The Sidwell Group, seeks exemption from the requirements of 14 C.F.R §§ 21 subpart H, 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 91.41 7(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit In 1Spot Photograph y to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of con ducting aerial video and photography to be used in the collection of data for the small business, real estate and commercial real estate industries.

**INTRODUCTION AND INTEREST OF THE PETITIONER** Richard Sidwell is the Co

- Owner of In1spot Photograph y

– The Sidwell Group, located in in Reno, Nevada, with another office in Honolulu, Hawaii. In1spot Photography was founded 10 ye ars ago in 2005

. In 1Spot Photography has over 650 clients and has provided data collection services for over 3800 professional photo shoots. I n1spot Photography

– The Sidwell Group was awarded the Best Small Business in Nevada in 2014 and received special recognition from Nevada Governor Brian Sandoval.

In1Spot Photograph y’s objective is to provide high quality photograph y s ervices for small businesses and real estate and commercial professionals to market their businesses and properties more effectively and at a reasonable cost.5 **BACKGROUND** Unmanned Aircraft Sy stems: DJI I ns pire 1 UAS

In1Spot Photograph y seeks an exemption to operate the DJ I Inspire 1 sy stem for compensation or hire within the NAS. The DJ I Inspire 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I 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 DJ I Inspire 1 UA is equi pped with four main rotors; driven b y Li thium Poly mer battery

powered electric motors. The DJ I Inspire 1 UA that will be operated by I n1Spot Photography will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Pa rt 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

**BASIS FOR PETITION** Petitioner, Richard Sidwell of In1Spot Photography 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
, hereb y petition the Administrator to commerciall y operate the DJ I Inspire 1 UAS in the National Airspace Sy stem ( NAS), and for an exemption from the requirements of 14 C.F.R §§ 21 subpart H, 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 operat ing area associated with the unmanned aircraft and its operation, In1Spot Photograph y’s operation of the DJ I Inspire 1 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Pa rt 21, Subpart H.

Accordingl y, In1Spot Photograph y 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 onl y apply to aircraft with an airworthines s certificate.

In1Spot Photograph y submits that the requested relief is proper since an equivalent level of safet y will be ensured. In 1Spot Photography will use experienced personnel and/ or technicians to perform maintenance, alterations, or preventive m aintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJ I Inspire 1 Instruction Manual). Furthermore, In1Spot Photograph y will document and maintain all maintenance reco rds for the DJI I nspire 1 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by In1Spot Photograph y to the extent necessary

to allow a Pilot in Command (PI C) holding an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Inspire 1 UAS in a manner consiste nt with this exemption, including evasive and emergency maneuvers and6

maintaining appropriate distances from people, vessels, vehicles and structures.

In1Spot Photograph y seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because th e DJ I Inspire 1 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, In1Spot Photograph y submits that they will ensure that the DJI I nspire 1 UAS is in an airworthy condition prior to every

flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.

In1Spot Photograph y also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Inspire 1 UA will not have a t ypical barometric altimeter onboard. However, altitude information of the DJ I Inspire 1UA will be provided to the PI C via Global Positioning Sy stem (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 In 1Spot Photography ’s operation of the DJ I Inspire 1 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety

equivalent to Section 91.121.

Additionally
, In1Spot Photograph y seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. In 1Spot Photography submits that safety

will not be affected by

operation of the DJ I Inspire 1 UA during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, In1Spot Photograph y provi des the following information in support of their petition for exemption:7



### A

**. Nam**  **e an**  **d Addres**  **s O**  **f Th**  **e Pet**  **i t**  **i one**  **r**

Richard Sidwell In1Spot Photograph y

– The Sidwell Group 10855 Dancing Aspen Drive Reno, NV 89511 rrsidwell@gmail.com8



### B

**. Th**  **e Speci**  **f**

**i c**  **Sec t**  **ion s**  **O f**  **1 4**  **C.F.R**

**. Fro**  **m W**  **hic h**  **In1Spot Photography Seek**  **s Exempt**  **i on.** 

**1. In1Spot Photography**  **Seeks Exemption From The Requirements Of Section Part 21, Subpart H** 

**.** 14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required b y 14 C.F.R. §91.203(a)(1)

**2. In1Spot Photography**  **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 (PI C) of an aircraft t hat is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. **(b)** A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or emplo ym ent if

— **(1)** The flight is only

incidental to that business or employ ment; and **(2)** The aircraft does not carry passengers or property

for compensation or hire.

**3. In1Spot Photography**  **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 civil aircraft unless it is in an airworthy condition.

**4. In1Spot Photography**  **Seeks Exemption From The Requirements Of Section 91.121.** 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: **(a)** Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that i s set, when operating

-- **(1)** Below 18,000 feet MSL , to

-- **(i)** The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; **(ii)** If there is no station within the area prescribed in paragraph **(a)(1)(i)** of this section, the current reported altimeter setting of an appropriate available station; or **(iii)** In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**5. In1Spot Photography**  **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 unless9

(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 minu tes.

**6. In1Spot Photography**  **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 p rescribed 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[.]

**7. In1Spot Photography**  **Seeks Exemption From The Requir ements Of Section**  **91.407(a)(1)**

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: **(a)** No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

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

**8. In1Spot Photography**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.4**  **09(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 cha

pter.

**9. In1Spot Photography**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).** 

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each 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, and appliance of an aircraft. The records must include

--10

(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: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required b y the inspection prog ram under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safet y 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 currently installed engines, rotors, pr opellers, 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 by other work or for 1 y ear 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 fu rnished 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.11



### C

**. Th**  **e Exten**  **t O**  **f Re**  **li e**  **f In1Spot**  **Photography Seek**  **s An**  **d Th**  **e Reaso**  **n In1Spot Photography**  **Seek s**  **Th e**  **Re li**  **ef**

**.**

**1. In1Spot Photography**  **Seeks Exemption From The Requirements Of Section Part 21, Subpart H** 

Given the size and limited operating area associated with the UAS to be utilized by In1Spot Photograph y, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y under Part 11 and Section 333 of the Reform Act.

The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular UAS.

In all cases, an anal ys is of these cr iteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional rotorcraft operating with an airworthiness certificate w ithout the restrictions and conditions of the proposed UAS operations.

**2. Extent Of Relief In1Spot Photography**  **Seeks And The Reason In1Spot**  **Photography Seeks Relief From Section 61.113 (a) and (b).** 

Relief from Section 61.113 (a) and (b) entitled Private pilot privileges and limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a valid airman medical certificate, and who has met certain flight

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

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.

As set forth more full y below, In1Spot Photography submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJI Inspire 1 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate the DJ I Inspire 1 UAS in a

manner consistent with the operations sp ecifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, In1Spot Photograph y submits that all flights of the DJ I In spire 1 UAS, conducted by

t he PI C pursuant to the grant of this Petition: (1) will be incidental to In1Spot Photograph y business; and (2) will not c arry passengers or propert y for compensation or hire.12

**3. Extent Of Relief In1Spot Photography**  **Seeks And The Reason In1Spot**  **Photography 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 In1spot Photograph y to dete rmine that the DJ I Inspire 1 UAS are in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., the Monthly Maintenance Log, and DJ I Inspire 1 Instruction Manual).

In1spot Photograph y seeks the requested relief because the DJ I Inspire 1 UA does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, In1spot Photograph y will ensure that the DJ I Inspire 1 UAS is in airworth y condition based upo n its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJI I nspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitation s below.

**4. Extent Of Relief In1Spot Photography**  **Seeks And The Reason In1Spot**  **Photography Seeks Relief From Section 91.121.** 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Inspire 1 UAS, whic h utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude information concerni ng UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), In1spot Photography seeks the requested relief because the DJ I Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safet y will be maintained since the DJ I Inspire 1 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to eac h flight, and provides the PIC with altitude information of the UA on the heads

- up display

of the G C S.

**5. Extent Of Relief In1Spot Photography**  **Seeks And The Reason In1Spot**  **Photography Seeks Relief From Section 91.151(b).** 

Relief from Section 91.151(b) ent itled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI I nspire 1 UA during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and,13

assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In 1spot Photograph y seeks the requested relief because without a n exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Inspire 1 UA will severel y constrain the practicalit y of an y aerial video or still photo flight operations that In 1spot Photograph y proposes to conduct pursuant to this Petition. Significantly , as set forth below, the technical specifications of the DJ I Inspire 1 UAS, the DJ I Inspire 1 operating documents, and In1spot Photograph y proposed operating limitations, ensure that In1spot Photograph y will safely

operate the bat tery

powered DJ I Inspire 1 UA during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming norma l cruising speed, to fl y after that for at least 4.5 minutes.

**6. Extent Of Relief In1spot Photography**  **Seeks And The Reason In1spot**  **Photography 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, In1spot Photograph y requests relief from these Sections because the DJ I Inspire 1 UAS does not require an airworthiness certificat e. As set forth more full y below, the DJ I Inspire 1 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, In1spot Photograph y will use trained technicians to perform maintenance, alterations, or
preve ntive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, and DJ I Inspire 1 Instruction Manual). Furthermore, In1spot Photograph y will document and maintain all maint enance records for the DJ I Inspire 1 UAS.15



### D

**. Th**  **e Reason**  **s W**  **h y**  **Grant i**  **n g**  **In1Spot Photography’s Reques**  **t W**  **ou ld**  **B e**  **I n**  **Th e**  **Pub lic**  **In t**  **eres t;**  **o r**  **Ho w**  **I t**  **W ou**  **ld Bene**  **fit Th**  **e Pub**  **lic A**  **s A**  **W ho**  **l e** 
**.** Granting the present petition will further the public interest b y allowing In1spot Photograph y to safel y, efficiently, and economically perform aerial video and photograph y of businesses
, real estate, landscapes and construction sites over certain specified areas of the United States. Furthermore, it will benefit the public as a whole by providing accurate representations of businesses they may want to visit, properties they
may want rent or purchase or businesses they may want to utilize. Additionally , use of the DJ I Inspire 1 UAS will decrease congestion of the NAS, and reduce pollution by using a smaller, battery

powered UAS instead of larger, fossil fuel based aircraft

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

The DJ I Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the m anned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial imagery and data collection , an exemption allowing the use of a DJ I I nspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and property in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and dep arting aircraft will be reduced. The DJI I nspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photograph y collection flights would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**2. The Public Will Benefit From The Safety And Efficiency Of The DJI Inspire 1 UAS.** 

Conducting aerial imagery and data collection with the DJ I In spire 1 UAS, instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photograph y flight operations. By

using battery

power and electric mo tors, the DJ I Inspire 1 UAS produces no air pollution, and is the best environmental alternative to the internal combustion engine aircraft that are t ypically u sed for aerial video and photograph y.

**3. Performing Aerial Video and Photography Data**  **Collection With The DJI Inspire 1**  **UAS Will Benefit The Economy.**

In addition to being safe and efficient, the DJ I Inspire 1 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. O peration of the DJ I Inspire 1 UAS will allow US based companies, like In 1spot Photography , to offer aerial photograph y services at a reasonable cost to the consumer. This will help with the growth of our company and also the growth of companies who now ha ve

ac c ess to additional marketing tools that they could not afford in the past. This will contribute to the US economy on several levels.16

By operating the DJ I Inspire 1 UAS, companies In1Spot Photograph y , can remain develop new and affordable marketing tools for small business and remain competitive and profitable . Utilizing new technology l ike the DJI I nspire 1 to develop new marketing tools for small business will fuel the growth of In1Spot Photography and help them add jobs to the econom y. The new m arketing tools offer to small business will help fuel their growth and add additional jobs to the econom y. Improved financial performance of U.S. companies, through commercial use of the DJ I Inspire 1 UAS, provides a stable workforce that increases consum er spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

**4. There Are No Privacy Issues.**

Similar to the aerial photograph y (with telescoping mast) used by I n1Spot Photograph y for the past 10 ye ars, In1Spot Photograph y’ s proposed operation of the DJ I In spire 1 UAS will not raise an y privacy issues. Specifically , the DJI Inspire 1 UAS will be operated onl y in complia nce with operating documents (i.e., Monthly Maintenance Log, and DJ I Inspire 1 Instruction Manual), which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.16



### E

**. Th**  **e Reason**  **s W**  **h y**  **Gran t**  **in g**  **Th e**  **E xemp**  **ti o**  **n W**  **oul d**  **No t**  **Adver s**  **el y**  **Affec t**  **S afety**  **, O**  **r Ho**  **w Th**  **e Exempt**  **i o**  **n Woul**  **d Prov**  **i d**  **e A**  **Leve l**  **Of S**  **a f**  **e ty**  **A t**  **Leas t**  **Equa l**  **T o**  **Tha t**  **Prov i**  **de d**  **B y**  **Th e**  **Ru le**  **Fro m**  **W hic**  **h In1Spot Photography**  **S eek**  **s Exempt**  **i on** 
**.**
**1. Reasons Why The DJI Inspire 1 UA Meets The Conditions Of The FAA Moderni**  **z ation and Reform Act of 2012 (FMRA)**  **S ection 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, In1Spot Photograph y ’s operation of the DJ I Inspire 1 UAS meets the conditions of FMRA Section 333, and will not require an air worthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a n 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 securit y. Specificall y, FMRA Section 333 states the following, in part:

(a ) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before com pletion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certific ation under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, In 1Spot Photography submits that t he DJI I nspire 1 UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJI I nspire 1 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The S**  **pecificatio ns Of The DJI Inspire 1 UAS**  **Demonstrates Its S**  **afe Characteristics.** 17

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

.

**i. Technical S**  **pecifications Of The DJI Inspire 1 UA S** 

**.** The technical specifications of the DJ I Inspire 1 UAS are set forth b y the DJI I nspire 1 Specifications and Data Sheet.

**ii. The DJI Inspire 1 UAS A**  **utonomous Flight And Navigation Modes Enable The UAS**  **To Remain Within A Defined Operational Area.** The DJ I Inspire 1 UAS may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJI Inspire 1 UAS is provided on pages 12

- 16 and 45

- 50 of the DJI I nspire 1 User Manual, attached hereto as Exhibit B.

**iii. The DJI Inspire 1 UAS Is Designed For Automatic Return To Home Point Or**  **Hover In The Event Of Loss Of The Control Link Or Navigation.** When the Control L ink is lost, the DJI I nspire 1 UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, DJ I Inspire 1 UA does not reacquire control link data from the GCS, the UA will assume that the Control L ink is lost and the UA 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 DJ I Inspire 1 UAS are set forth

on pages 13 through 15 of the DJ I Inspire 1 U ser Manual, attached hereto as Exhibit A.

**iv. The DJI Inspire 1 GCS And Its Operation.**  A complete description of the operation and specifications of the DJ I Inspire 1 GCS and flight control software is provided on pages 40 through 47 of the DJ I Inspire 1 User Manual. DJ I Inspire 1 User Manual is attached hereto as Exhibit A.

**b. Flight Operations Of DJI Inspire 1 UAS is Limited To The Line Of**  **S ight Of A**  **Certificated Pilot in Command With A S**  **afety Observer.**

In1Spot Photograph y will only utilize certificated pilots to act as a pilot in command (PI C) of the DJ I Inspire 1 UAS.

**c. Flights Of The DJI Inspire 1 UAS Will Be Conducted Pursuant To**  **S pecific**  **Operating Limitations.**

In s eeking this exemption, In1Spot Photograph y proposes to commercially o perate the DJI I nspire 1 UAS for the special purpose of conducting aerial video and photograph y

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 following18

aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI I nspire 1 Unmanned Aircraft Sy stems. Proposed operations of an y other aircraft will require a new petition or a petition to amend this grant.

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

. 3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated b y t he procedures specified in the operating 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 PI C at all times. This requires the PIC to be able to use human vision unaided b y an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate.

6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted.

7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability . The SO and PI C must be able to communicate v erbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can per form the functions prescribed in the operating documents.

8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the cam era or other instruments.

9. 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 conditions 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 operat ing 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 re vised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that an y update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to i ts grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.19

10. Prior to each flight the PI 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 Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations tha t affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry

in the aircraft records.

12. The pre

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

13. The operator must follow the UAS manufacturer’s aircraft/component, main tenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and s tatus of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safet y Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a current medical certificate.

18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated und er 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 th e purposes of training the operator’s PI Cs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered

non

- participants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may

no t be conducted during night, as defined in 14 C.F.R. § 1.1. All20

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 operatio ns. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C.

22. If the UA loses communications or loses its GPS signal, it must return to a
pre

- determined location w ithin the planned operating area and land or be recovered in accordance with the operating documents.

23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PI C is prohib ited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an 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 adva nce, 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 requirements.

26. All aircraft o perated 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 practi cable.

27. 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 requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or a ny law enforcement official upon request.21

29. The UA must remain clear and yi 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 oper ations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. I f 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 PI C has made a

s afet 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 PI 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 controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y t he applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be r eported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.22

**2. Reasons Why An Exemption From The Requirements Of S**  **ection 21 S**  **ubpart H Would Not Adversely Affect**  **S afety.** 

In1Spot Photograph y submits that the equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because The UAS to be operated hereunder weighs less than 55 lbs. fully

loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator, pursuant to the Manual's requirements.

These saf et y enhancements, which alread y appl y to civil aircraft operated in connection with existing inspection operations, provide a greater degree of safety to the public and propert y owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastl y, application of these same criteria demonstrates that there is no credible threat to national securit y posed b y the UAS, due to its size, speed of operation, location of operation, lack of explosive materia ls or flammable liquid fuels, and inability to carry a substantial external load.

**3. Reasons Why An Exemption From The Requirements Of S**  **ection 61.113(a) And (b) Would Not Adversely Affect**  **S afety.** 

In1Spot Photograph y submits that the equivalent level of s afet y established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

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

Considering In1Spot Photograph y’ s proposed area of oper ations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safel y operate the D JI I nspire 1 UAS, In 1Spot Photograph y submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for In1Spot Photograph y 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, 1 1138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

In1Spot Photograph y will not allow any PIC to operate the DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Inspire 1 UAS training and currency requirements, that the PI C is able to safely operate the DJ I Inspire 1 UAS in a manner consistent with this exemption, including evasive and23

emergency

maneuvers and maintaining appropriate distances from peop le, vessels, vehicles and structures.

Specificall y, the PI C 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). I n addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes).

As in Exemption Nos. 11062, 11 138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during In1Spot Photograph y ’s proposed operations. The Administrator has held that prior documented flig ht experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PI C 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 Exempti on No. 11062, the PI C must also have accumulated 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 PIC must accomp lish 3 takeoffs and landings in the preceding 90 day 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 also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

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

- building flights the PI 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. Accordingl y, In1Spot Photograph y will ensure safe operations b y not allowing an y P IC to operate the DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to saf el y operate the DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and
emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

**4. Reasons Why An Exemption From The Requirements Of S**  **ection 91.7(a) Would**24

**Not Adversely Affect S**  **afety.**

The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every

flight, In1Spot Photograph y will ensure that the DJ I Inspire 1 UAS is in an airworth y 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 UA S, 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).

**5. Reasons Why An Exemption From The Requirements Of S**  **ection 91.121 Would Not Adversely Affect**  **S afety.** 

The equivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Inspire 1 U A will be provid ed to the PI C 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 In 1Spot Photograph y ’s operation of the DJ I Inspire 1 U A within visual line of sight, at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero alti tude initiation point is automatically

established by

the UAS at ground level.

The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11 062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons Why An Exemption From The Requirements Of S**  **ection 91.151(b) Would Not Adversely Affect**  **S afety.** 

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

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Inspire 1 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the
pro posed flight operations. Accordingl y, In1Spot Photograph y will ensure that it will safel y operate the battery powered DJ I Inspire 1 U A during day light hours in VFR conditions, with enough battery power to fly

for a total duration of 13.5 minutes to the fi rst point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJ I In spire 1 UAS;25

the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Inspire 1 UAS provides audible and visual warnings to the PI C at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately

10% remaining battery

power. At the criticall y low battery level, t he DJ I Inspire 1 UAS will descend and land automatically.

Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the U AS 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 t o 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).

**7. Reasons Why An Exemption From The Requirements Of S**  **ections91.405(a), 91.407(a)(1), 91.409(a)(1) &**  **(a)(2), And 91.417(a) & (b) Would Not Adversely Affect**  **S afety.** 

In seeking this exemption, In 1Spot Photography 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 because In1Spot Photograph y will use t rained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e. Operations Manual, Monthly Maintenance Lo g, and DJI I nspire 1 Instruction Manual). Furthermore, In1Spot Photograph y will document and maintain all maintenance records for the DJI I nspire 1 UAS.

Since the DJ I Inspire 1 UAS will be inspected as prescribed b y the operating documents, In1Spot Photograph y will maintain the equivalen t level of safety established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJ I Inspire 1 User Manual is attached hereto as Exhibit C and D; a cop y of the DJI I nspire 1 UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversel y affect safety because In1Spot Photograph y will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI I nspire 1 UAS will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Previous exemptions26

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 safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of In1Spot Photograph y proposed operating limitations, the operating documents, and the technical aspects of the DJI I nspire 1 UAS, In1Spot Photograph y submits that safet y will not be adversely

affected by

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. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**8. The FAA May Prescribe Any Other Conditions For**  **S afe 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, In 1Spot Photograph y requests that the FAA prescribe special conditions for the intended operation of the DJ I Inspire 1 UAS, which contain such safet y standards that the Administrator finds
necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.11 3(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 photograph y over certain area s of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y; and further, provides the a uthority for such UAS to operate without airworthiness certification in accordance with an y 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 DJ I Inspire 1 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel

or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, air craft engine, or propeller because 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 safet y standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safet y 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 may prescribe special conditions for In1Spot Photography intende d operation of the DJ I Inspire127

UAS, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 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).28



### F

**. A**  **Summar y**  **Tha t**  **Ca n**  **B e**  **Pub li**  **she d**  **I n**  **Th e**  **Federa l**  **Reg i**  **ster ,**  **s t**  **a ti**  **ng :** 

**The Rules From Which In1Spot Photography**  **S eeks Exemption:** 

In1Spot Photography seeks exemption from the requirements of 14 C.F.R Sections 21 Subpart H, 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 Exemptions In1Spot Photography**  **S eeks:** 

This exemption will permit In1Spot Photography to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

**Any Additional Information, Views, Or Arguments Available To S**  **upport In1Spot**  **Photography Request.** 

T his 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 safel y in the NAS. As such, In1Spot Photograph y ’s request for exemption may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, In1Spot Photograph y

w ill operate the DJ I Inspi re 1 UAS safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y.29

**CONCLUSION**

As set forth herein, In1Spot Photograph y 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 DJ I Inspire 1 UAS commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photograph y 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 In1Spot Photograph y to safel y, e fficientl y, and economically operate the DJI Inspire 1 UASs commerciall y within the NAS.

**I** n accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, In 1Spot Photography respectfull y requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 21 Subpart H, 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 In1Spot Photograph y to operate the DJ I Inspire 1 UASs commercially for the purpose of conducting aerial video and photograph y over certain areas of the United States.

Dated: August 2 , 2015

Respectfully
, Richard Sidwell

In1Spot Photography

10855 Dancing Aspen Drive

Reno, NV 8952130

Appendices: A

– DJ I Inspire 1 Specifications Data Sheet

APPENDIX

– A

**DJI INSPIRE 1 TECHNICAL SPECIFICATIONS**

In1Spot Photograph y only utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJI UASs 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 PI C via the linked monitor (smart phone/tablet devices)

2.2 DJI I nspire 1

2.2.1 Aircraft 2.2.1.1 Model

– T6 00 2.2.1.2 Weight (Battery

Included)

– 6lbs 7.5291oz (2935g) 2.2.1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 Max Angular Velocity

– Pitch: 3000/s; Yaw: 1500/s 2.2.1.5 Max Tilt Angle

- 350 2.2.1.6 Max Ascent Speed

– 5m/s 2.2.1.7 Max Descent Speed

– 4m/s 2.2.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED) 2.2.1.9 Max Flight Altitude

– 4500m 2.2.1.10 Max Wind Resistance

– 10m/s 2.2.1.11 Max Flight Time

– Approximately 18 minutes 2.2.1.12 Motor Model

– DJI 3510 2 .2.1.13 Propeller Model

– DJI 1345 2.2.1.14 Operating Temperature Range

– 140F to 1040F (

- 100C to 400C) 2.2.1.15 Dimensions

– 17 1 ⁄4” x 17 3⁄4” x 12” 2.2.2 Gimbal 2.2.2.1 Model

– ZENMUSE X3 2.2.2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W 2. 2.2.3 Operating Current

– Static: 750mA; I n Motion: 900mA 2.2.2.4 Angular Vibration Range

- ±0.030 2.2.2.5 Mounting

– Detachable 2.2.2.6 Controllable Range

– Pitch:

- 900to +300; Pan: ±3200 2.2.2.7 Mechanical Range

– Pitch:

- 1250to 450; Pan: ±3300 2.2.2.8 Max Controllable Speed

– Pitch: 1200/s; Pan: 1800/s 2.2.3 Camera 2.2.3.1 Name

– X3 2.2.3.2 Model

– FC350 2.2.3.3 Total Pixels

– 12.76M 2.2.3.4 Effective Pixels

– 12.4M 2.2.3.5 I mage Max Size

– 4000x3000 2.2.3.6 IS O Range

– 100

- 320031

2.2.3.7 Field of View

- 940 2.2.3.8 CMOS

– Sony

EXMOR 1/2.3” 2.2.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature R ange

- 320F

- 1040F (00C

- 400C) 2.2.4 Transmitter 2.2.4.1 Name

– C1 2.2.4.2 Operating Frequency

– 5.728

- 5.850GHz; 2.400

- 2.483GHz 2.2.4.3 Communicating Distance (unobstructed)

– 2000m 2.2.4.4 Output Power

– 9W 2.2.4.5 Operating Temperature Range

- 140F to 1040F (

- 100C to 400C) 2.2.4.6 Battery

– 600mAh L iPo 2S

B

– DJ I Inspire 1 User Manual32

APPENDIX

– B

**DJI INSPIRE 1 USER MANUAL**

**http://download.dji**

**- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manu**  **al_v1.2_en.pdf**33

C

– DJI I nspire 1 Maintenance Log

APPENDIX

– C

**DJI INSPIRE 1 Maintenance Log**