UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. FAA-2015-XXXX

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Levity Aerial Ltd.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE 

CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI INSPIRE UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 

OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on July 19, 2015

Levity Aerial

Itay Nagar

1905 1/2 3rd Street

Boulder, CO 80302

303-601-8482

itay@levityaerial.com

TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS ..................................................................................... 2

SUMMARY ...........................................................................................................................2

INTRODUCTION AND INTERESTS OF PETITIONER........................................................2

BACKGROUND ...................................................................................................................3

BASIS FOR PETITION ....................................................................................................... 3

NAME AND ADDRESS OF PETITIONER. ......................................................................... 4

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH LEVITY AERIAL

SEEKS EXEMPTION ......................................................................................................... 4

THE EXTENT OF RELIEF LEVITY AERIAL SEEKS AND THE REASON

LEVITY AERIAL SEEKS THE RELIEF............... .............................................................. 5

THE REASONS WHY GRANTING LEVITY AERIAL’S REQUEST WOULD

BE IN THE PUBLIC INTEREST ........................................................................................ 7

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY .........................................................................................8

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. ...................... 15

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Petition for FAA Section 333 Exemption
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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 Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

SUMMARY

Levity Aerial Ltd. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate 

an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA). This exemption will permit Levity Aerial Ltd. to operate an Unmanned Aircraft System 

(UAS) for the commercial purpose of conducting aerial video and photography of construction sites, 

real estate, non-profit and other community special events, in and around Boulder, Colorado.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Levity Aerial Ltd. (hereafter referred to as “Levity Aerial”) seeks to provide its commercial clients with 

affordable high-quality digital content for use in their commercial, personal, and other photographyrelated projects. Levity Aerial also seeks to provide the community and non-profit organizations our 

services for no charge as a way of giving back to the community. The petitioner, Itay Nagar, is a 

proficient pilot in unmanned aircraft systems with over 7 years recreational experience in RC Aircraft, 

quadcopters and other small UAV’s. Itay has been a small business owner in Boulder since 2007 

(Boulder Auto Detail, Boulder Auto Glass). One percent of profits are donated monthly to a local nonprofit organization, to help families and individuals in financial difficulties (see www.efaa.org for more 

information). As part of Itay’s commitment to social entrepreneurship, which emphasizes the local 

and global community’s needs in addition to profits, Levity Aerial will also donate a percentage of its 

profits to EFAA (or other charitable organizations). 

The objective of Levity Aerial’s video and photography operations is to provide high quality imaging 

for a variety of commercial, public, and residential uses, specifically targeting:

- Aerial Real Estate photography (with focus on mountain properties)

- Aerial Real Estate Video (with focus on mountain properties)

- Free services to non-profit and community organizations

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BACKGROUND

Unmanned Aircraft Systems: DJI Inspire UAS

Levity Aerial seeks an exemption to operate DJI systems for compensation or hire within the NAS. 

The DJI Inspire is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire has a maximum 

gross weight of approximately 6.5 pounds, while having a length of 29 inches width of 29 inches (with 

propellers), height of 12 inches, and a maximum speed of approximately 42 knots (22 m/s). The DJI 

Inspire UA has four main rotors; driven by Lithium Polymer battery powered electric motors. The 

DJI Inspire UA that will be operated by Levity Aerial will be registered in accordance with 49 U.S.C. 

44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Levity Aerial, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 

11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for 

Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the 

DJI Inspire UAS in the National Airspace System (NAS), and for an exemption from the requirements 

of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area 

associated with the unmanned aircraft and its operation, Levity Aerial operation of DJI Inspire UAS 

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate 

in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Levity Aerial requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness certificate. Levity Aerial 

submits that the requested relief is proper since an equivalent level of safety will always be ensured 

(see Exhibit D). Levity Aerial will use licensed technicians or the manufacturer’s service centers to 

perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI 

Inspire Instruction Manual). Furthermore, Levity Aerial will document and maintain all maintenance 

records for the DJI Inspire UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Levity Aerial to the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, 

as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight-hour 

and currency requirements, that the PIC is able to safely operate the DJI Inspire UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Levity Aerial seeks relief from Section 

91.7(a), entitled Civil aircraft airworthiness, because the DJI Inspire UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Levity Aerial submits that 

it will ensure that the DJI Inspire UAS is in an airworthy condition, prior to every flight, by determining 

that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Inspire Instruction Manual), and that the aircraft are in a condition for safe flight. Levity Aerial also 

seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI 

Inspire UA will not have a typical barometric altimeter onboard. However, altitude information of the 

DJI Inspire UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring 

of the flight path. This altitude information, combined with Levity Aerial’s operation of the DJI Inspire 

UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to 

Section 91.121 and our additional safety requirements as outlined in Exhibit D. Additionally, Levity 

Aerial seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for 

flight in VFR conditions. Levity Aerial submits that safety will not be affected by operation of the DJI 

Inspire UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules 

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(VFR), with enough battery power to fly for a total duration of approximately 12 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes. 

In accordance with 14 C.F.R. § 11.81, Levity Aerial provides the following information in support of its 

petition for exemption:

A. Name and Address of The Petitioner.

Levity Aerial

Itay Nagar

1905 1/2 3rd Street

Boulder , CO 80302

303-601-8482

itay@levityaerial.com

B. The Specific Sections Of 14 C.F.R. From Which Levity Aerial Seeks Exemption.

1. Levity Aerial 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 (PIC) of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that person, for compensa- tion or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any busi- ness or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Levity Aerial 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.

3. Levity Aerial 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 is 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) 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) the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. Levity Aerial Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Levity Aerial Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between re4
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quired inspections, except as provided in paragraph (c) of this section, have discrepancies repaired 

as prescribed in part 43 of this chapter[.]

6. Levity Aerial From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or altera- tion, 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 by a person authorized under § 43.7 of this chapter.

7. Levity Aerial Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return 

to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter.

8. Levity Aerial 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 (in- cluding the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must 

include--

(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 over- hauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required 

by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action, the time and date when the next action is required.

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

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the 

aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be 

retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Levity Aerial Seeks And The Reason Levity Aerial Seeks The Relief.

1. Extent Of Relief Levity Aerial Seeks And The Reason Levity Aerial Seeks Relief From Section 

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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 private pilot or higher level certificate, as well as a current and 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 employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does 

not carry passengers or property for compensation or hire. As set forth more fully below, Levity Aerial 

submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Inspire other than the person listed as Itay Nagar, who has 7 years experience in RC operation. In addition all flights must full under the safety guidelines of Exhibit D, which will be updated 

as new FAA guidelines take place. Further, Levity Aerial submits that all flights of the DJI Inspire UAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Levity Aerial business; and (2) will not carry passengers, packages or property for compensation or hire.

2. Extent Of Relief Levity Aerial Seeks And The Levity Aerial 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 Levity Aerial to determine that the DJI Inspire UAS are in airworthy condition prior to every flight 

by ensuring that the UAS is in compliance with the operating documents (i.e., the Levity Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire Instruction Manual). Levity Aerial seeks 

the requested relief because the DJI Inspire UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Levity Aerial will ensure that the DJI Inspire 

UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Inspire Instruction Manual) prior to every flight, and further, determine that 

the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Levity Aerial Seeks And The Reason Levity Aerial Seeks Relief From Section 

91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of 

the DJI Inspire UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio com- munications telemetry data link to downlink altitude information from the UA to the PIC at the ground 

control station (GCS). Since the FAA requires that any altitude information concerning UAS opera- tions be reported to air traffic control (ATC) in feet above ground level (AGL), Levity Aerial seeks the 

requested relief because the DJI Inspire 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 safety will be maintained since the DJI Inspire UAs are equipped with a barometric 

pressure sensor and GPS equipment, which automatically ensures that a ground level pressure set- ting will be established prior to each flight, and provides the PIC with altitude information of the UA on 

the heads-up display of the GCS.

4. Extent Of Relief Levity Aerial Seeks And The Levity Aerial Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested 

to the extent required to allow flights of the battery powered DJI Inspire UAs during daylight hours 

in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 12 

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for 

at least 4 minutes. Levity Aerial seeks the requested relief because without an exemption from Sec- tion 91.151(b), the flight time duration of the battery powered DJI Inspire UA will severely constrain 

the practicality of any aerial video or still photo flight operations that Levity Aerial proposes to conduct 

pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Inspire 

UAS, the DJI Inspire operating documents, and Levity Aerial’s proposed operating limitations, ensure 

that Levity Aerial will safely operate the battery powered DJI Inspire UAs during daylight hours in 

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visual meteorological conditions (VMC), under visual flight rules (VFR).

5. Extent Of Relief Levity Aerial Seeks And The Reason Levity Aerial 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) only apply to 

aircraft with an airworthiness certificate, Levity Aerial requests relief from these Sections because 

the DJI Inspire UAS does not require airworthiness certificates. As set forth more fully below, the DJI 

Inspire UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Levity Aerial will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the 

UAS operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Inspire Instruction Manual). Furthermore, Levity Aerial will document and maintain all maintenance 

records for the DJI Inspire UAS.

D. The Reasons Why Granting Levity Aerial Request Would Be In The Public Interest; That Is, How It 

Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Levity Aerial to safely, efficiently, and economically perform aerial video and photography for Non-Profit and Community Organizations, as well as, pursue revenue for a Small Business in the USA as we provide commercial services 

for Homes and Land for sale, Places of Lodging, Golf Courses, and other commercial properties 

seeking the described services for marketing purposes over certain areas of Boulder County and 

surrounding area. Additionally, use of the DJI Inspire UAS will decrease congestion of the NAS and 

reduce pollution, since past aerial photography required large manned aircraft for extended periods of 

time. Notably, the benefits of Levity Aerial’s proposed operation of the DJI Inspire UAS will be realized 

without implicating any privacy issues.

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

The DJI Inspire UA are battery powered and serve as a safe, efficient, and economical alternative to 

the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned 

aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Inspire UAS 

would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as 

increase the safety of life and property in the air and on the ground (as outlined in Exhibit D). Fur- thermore, by reducing the number of manned aircraft operating in the NAS, congestion around air- ports caused by arriving and departing aircraft will be reduced. The DJI Inspire UAs do not require an 

airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and pho- tography missions would result in fewer aircraft that must be handled by air traffic control during the 

ground, takeoff, departure, arrival, and landing phases of flight operations.

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

Conducting aerial acquisitions with the DJI Inspire UAS, instead of manned aircraft, will greatly ben- efit the public by drastically reducing the levels of air and noise pollution generated during traditional 

aerial video and still photography flight operations. By using battery power and electric motors, the 

DJI Inspire UAS produce no air pollution, and is the most viable environmentally-conscious alternative 

to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial 

video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. 

The DJI Inspire UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the UAs are propelled by battery powered electric motors, rather than an internal com- bustion engine. By using the DJI Inspire UAS to perform aerial acquisitions, the substantial risk to life 

and property in the air and on the ground, which is usually associated with traditional manned aircraft 

flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight 

crew members located onboard the aircraft, the DJI Inspire UA (weighing approximately 6.5 pounds, 

and with no fuel on board), has less physical potential for collateral damage to life and property on 

the ground, and in the air, compared to the manned aircraft that typically conduct similar operations 

(weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, 

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and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations with The DJI Inspire UAS Will Benefit NonProfit and Community Organizations.

As stated earlier in this petition, Levity Aerial provides free services to Non-Profit and Community 

Organization that normally could not afford to have their event or site professionally photographed. 

There the Boulder County community and surrounding area will benefit.

4. Performing Aerial Video and Photography Operations with The DJI Inspire UAS Will Benefit The 

Economy.

In addition to being safe and efficient, the DJI Inspire is also an economical alternative to using 

manned aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire UAS will 

allow United States based companies, like Levity Aerial, to remain competitive and contribute to 

growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (EPA) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating 

the battery powered DJI Inspire UAS is one such technology that not only allows companies greater 

operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Inspire UAS, companies such 

as Levity Aerial, can remain competitive and profitable, and therefore, provide greater job stability to 

employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved 

financial performance of U.S. companies, through commercial use of the DJI Inspire UAS, provides a 

stable workforce that increases consumer spending; improves local, state, and federal tax revenues; 

and allows companies to invest in research and development in order to remain competitive both in 

the United States and abroad.

5. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Levity Aerial proposed operation of the DJI Inspire UAS will not implicate any privacy issues. Specifically, 

the DJI Inspire UAS will be operated only in compliance with operating documents (i.e., the Levity Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire Instruction Manual) which 

requires property 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.

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

Levity Aerial Seeks Exemption.

1. Reasons Why The DJI Inspire UA Meet The Conditions Of The FAA Modernization and Reform Act 

of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned 

aircraft and its operation, Levity Aerial operation of the DJI Inspire UAS meet the conditions of FMRA 

Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and 

sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security. Specifically, 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 completion 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), 

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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 certification 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, Levity Aerial submits that the DJI Inspire UAS can operate safely in the 

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Inspire 

UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Inspire UAS Demonstrate Its Safe Characteristics.

The DJI Inspire UAS does not create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Inspire UAS.

The technical specifications of the DJI Inspire UAS is set forth by the DJI Inspire Specifications and 

Data Sheet, attached hereto as Exhibit A.

ii. The DJI Inspire UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within 

A Defined Operational Area.

The DJI Inspire UAS may be operated in both manual and fully autonomous flight modes. A complete 

description of the flight and navigational modes of the DJI Inspire UAS is provided at pages 25-32 of 

the DJI Inspire User Manual, attached hereto as Exhibit B.

iii. The DJI Inspire UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of 

Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Inspire UA will remain stationary, in flight, for 3 seconds or 

more. If, after 3 seconds, the DJI Inspire UA does not reacquire control link data from the GCS, the 

UA will assume that the Control Link 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. The UAV will return to the 

home position automatically once it has reached 18% battery remaining. A complete description of 

the Failsafe Functions of the DJI Inspire UAS are set forth in the DJI Inspire User Manual, attached 

hereto as Exhibit B.

iv. The DJI Inspire GCS And Its Operation.

A complete description of the operation and specifications of the DJI Inspire GCS and flight control 

software is provided in the DJI Inspire User Manual. DJI Inspire User Manual is attached hereto as 

Exhibit B.

b. Flight Operations Of DJI Inspire UAS Are Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer.

Levity Aerial will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Inspire UAS. Additionally, a safety observer will 

assist all pilots during flight time. And the guidelines exhibited in D, will be followed at all-times ensuring the safety of all involved.

c. Flights Of DJI Inspire UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Inspire UAS for the special purpose 

of conducting aerial video and photography over certain areas of Boulder County and surrounding 

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areas, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in 

the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI 

Inspire Unmanned Aircraft System. Proposed operations of any 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 by the procedures specified in the operating documents unless a special request is made and 

approved by 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 PIC at all times. This requires 

the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the 

operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other 

air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera 

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 operating 

documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon 

request. The operator must also present updated and revised documents if it petitions for extension or 

amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC 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 properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. 

The 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 already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 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 status 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 Safety Bulletins. 

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16. The authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third-class medical 

certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification 

criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the 

UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight 

hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of 

training the operator’s PICs 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 nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance 

with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 19.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a 

special request will be made at the FAA office closest to proposed area of operations. Flights under 

special visual flight rules (SVFR) are not authorized.

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 PIC.

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

within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the 

UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also 

require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but 

not less than 48 hours prior to the operation. All operations shall be conducted in accordance with 

airspace requirements in the ATO issued COA including class

of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

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 PIC at the 

Ground Control Station of the UAS any time the UAS is operating. These documents must be made 

available to the administrator or any law enforcement official upon request.

29. Levity Aerial abides and enforces the safety checklist to as exhibited in section D to ensure that 

we provide safety for everyone in and near to the site.

30. The UA must remain clear and yield the right of way to all manned aviation operations and activi- ties at all times.

31. The UAS may not be operated by the PIC from any moving device or vehicle.

32. Flight operations must be conducted at least 400 feet from all nonparticipating persons (persons 

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other than the PIC, 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. If a situation arises where nonparticipating persons leave such protection and 

are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety 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 PIC, SO, operator trainees or essential persons do not present an undue 

hazard to those persons per § 91.119(a).

33. 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.

34. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration 

Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not 

Adversely Affect Safety.

Levity Aerial submits that the equivalent level of safety established by Section 61.113(a) and (b) will 

be maintained because no PIC will be allowed to operate the DJI Inspire UAS unless that PIC has 

demonstrated, by meeting minimum flight hour and currency requirements, that the PIC is able to 

safely operate the DJI Inspire UAS in a manner consistent with the exemption, including evasive 

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

and structures. Considering Levity Aerial proposed area of operations, 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 safely operate the DJI Inspire UAS, Levity Aerial submits that the additional manned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Levity Aerial specific proposed flight operations. The FAA has previously granted relief from 

Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Levity Aerial will not 

allow any PIC to operate the DJI Inspire UAS unless that PIC has demonstrated, by meeting mini- mum flight-hour requirements or the DJI Inspire UAS training and currency requirements, that the 

PIC is able to safely operate the DJI Inspire UAS in a manner consistent with this exemption, includ- ing evasive and emergency maneuvers and maintaining appropriate distances from people, ves- sels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner 

consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum 

of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for 

operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 

takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 

11138, and 11153, prior documented flight experience that was obtained in compliance with applicable 

regulations will ensure an equivalent level of safety during Levity Aerial proposed operations. The 

Administrator has held that prior documented flight 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 mo- tion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 

hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, 

the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the 

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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 

accomplish 3 takeoffs and landings in the preceding 90 days (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 PIC is required to operate the UA with 

appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Levity Aerial will ensure safe operations by not allowing any PICto operate the DJI Inspire 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, 

that the PIC is able to safely operate the DJI Inspire UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

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

Levity Aerial requires a tight set of rules that follow best practices and FAA requirements and guidelines (Exhibit D). The equivalent level of safety established by Section 91.7(a) will be maintained 

because prior to every flight, plus Levity Aerial also requires the safety checklist in Exhibit D that ensures that the DJI Inspire UAS is in an airworthy condition based upon the UAS’s compliance with its 

operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has 

previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

As outlined in Exhibit D, Levity Aerial fly’s only under a very set rules. We believe these rules include 

and go beyond current FAA guidelines. Therefore, the equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Inspire UA will be provided 

to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from 

the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, com- bined with Levity Aerial’s operation of the DJI Inspire UA within visual line of sight, at or below 500 

feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be 

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initia- tion point is automatically established by the UASs at ground level. The FAA has previously granted 

relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Sec- tion 91.151(b) as a result of (1) the technical specifications of the DJI Inspire UAs; (2) the limitations 

on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, 

Levity Aerial will ensure that it will safely operate the battery powered DJI Inspire UA during daylight 

hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire UAS; the 

limitations on the proposed flight operations; and the location of the proposed operations, will ensure 

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an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be 

ensured as the DJI Inspire UAS provide audible and visual warnings to the PIC at the GCS when 

the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining 

battery power, and again at approximately 10% remaining battery power. At the critically low battery 

level, the DJI Inspire UAS will descend and land automatically. Significantly, previous exemptions 

granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when 

the technical characteristics and operating limitations of the UAS are considered. Relief has been 

granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from 

Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Levity Aerial submits that the equivalent level of safety 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 Levity Aerial will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Levity Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire Instruction Manual). Furthermore, Levity 

Aerial will document and maintain all maintenance records for the DJI Inspire UAS. Since the DJI 

Inspire UAS will be inspected as prescribed by the operating documents, Levity Aerial will maintain 

the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A 

copy of the DJI Inspire User Manuals are attached hereto as Exhibit B; a copy of the DJI Inspire UAS 

Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not adversely 

affect safety because Levity Aerial will use trained technicians to perform maintenance, alterations 

or preventive Maintenance on the UAS using the methods, techniques, and practices prescribed by 

the operating documents. Furthermore, the exemption sought would maintain an equivalent level of 

safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI 

Inspire UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by 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 adversely affected when the technical characteristics and operating limitations of 

the UAS are considered. In consideration of Levity Aerial proposed operating limitations, the operating documents, and the technical aspects of the DJI Inspire UAS, Levity Aerial submits that safety 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). In additional Levity Aerial fly only under a tight set of rules which 

can be found in Exhibit D, which ensure the safest operation under any foreseen circumstance.

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 

C.F.R. § 21.16 entitled Special Conditions, Levity Aerial requests that the FAA prescribe special con- ditions for the intended operation of the DJI Inspire UAS, which contain such safety standards that 

the Administrator finds necessary to establish a level of safety equivalent to that established by 14 

C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe 

operation of the UAs for the limited purpose of conducting aerial video and photography over certain 

areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements 

for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise 

pose a threat to national security; and further, provides the authority for such UAS to operate without 

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airworthiness certification in accordance with any requirements that must be established for the safe 

operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Inspire 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 safety standards for an aircraft, aircraft 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 safety standards for the aircraft, aircraft engine or propeller as the FAA finds 

necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. 

§ 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Inspire UAS, which contain 

such safety standards that the Administrator finds necessary to establish a level of safety 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). 

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Levity 

Aerial Seeks Exemption:

Levity Aerial seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Levity Aerial Seeks:

This exemption will permit Levity Aerial to commercially operate an Unmanned Aircraft System for the 

purpose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Levity Aerial’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 

333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in 

the NAS. As such, Levity Aerial 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, Levity Aerial will operate the DJI 

Inspire UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

Exhibits (attached):

A – DJI Inspire Specifications Data Sheet

B – DJI Inspire Manufacturer’s User Manual

C – Levity Aerial’s Safety Checklist

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