August 8, 2015

U. S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b);

91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405

(a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Attachments: DJI Inspire 1 Maintenance Manual;

DJI Inspire 1 Safety Guidelines

Dear Sir or Ma’am:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform

Act) and 14 C.F.R. Part 11, First Coast Aerial Imaging, LLC hereby applies for exemption from a

selection of Federal Aviation Regulations (“FARs”) to allow commercial operation of small

unmanned aircraft systems (“sUAS”) provided that such operations are conducted within the

conditions outlined herein or as established by the FAA per Section 333.

First Coast Aerial Imaging, LLC is an operator of a DJI Inspire 1 sUAS and is equipped to offer on-demand 

commercial UAS operations for a host of industries and applications. These include:

• Cinematography, and videography

• Precision agriculture

• Wildlife and forestry monitoring

• Aerial surveying

• Real estate photography

• Documentary video support

• Sanctioned disaster imaging (www.airbears.org)

• Special event operations.

The requested exemption would permit the operation of small, unmanned and relatively

inexpensive unmanned aerial systems under controlled conditions in airspace that is limited,

predetermined, and safe to access. Approval of this exemption would thereby enhance safety

and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to

“...establish requirements for the safe operation of such aircraft systems in the National Airspace

System.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

First Coast Aerial Imaging, LLC

Attn: Ted Venable
13885 Hanover Park Ct.

Jacksonville, FL 32224

Ph: 904-553-9401 (c)

E-mail: first.coast.aerial.imaging@gmail.com

Exemption is requested for the following regulations:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to

consider whether certain unmanned aircraft systems may operate safely in the National Airspace

System (NAS) before completion of the rulemaking required under Section 333 of the Reform

Act. In making this determination, the Secretary is required to determine which types of UASs

do not create a hazard to users of the NAS or the public or pose a threat to national security in

light of the following:

• The UAS’s size, weight, speed, and operational capability

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

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

Reform Act § 333 (a).

If the Secretary determines that such vehicles “may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such aircraft in the

National Airspace System.”

§333(c) (emphasis added)

Applicant interprets this provision to place the duty on the Administrator to not only process

applications for exemptions under section 333, but for the Administrator to craft conditions for

the safe operation of the UAS, if it should be determined that the conditions set forth herein do

not fulfill the statutory requirements for approval.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.

This statutory authority by its terms includes exempting civil aircraft, as the term is defined
under §40101 of the Act that includes sUAS, from the requirement that all civil aircraft must

have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC

§44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

sUAS operated by First Coast Aerial Imaging, LLC is a quad rotorcraft weighing 55 pounds or less

including payload. It will operate under normal conditions at a speed of no more than 70 mph.

It will operate only in line of sight and will operate only within a sterile area. Such

operations will insure that the sUAS will “not create a hazard to users of the National Airspace

System or the public.”

Reform Act §333 (b).

Given the small size of the sUAS involved and the restricted sterile environment within which

they will operate, the applicant falls squarely within that zone of safety (an equivalent level of

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial

operations of UASs to commence immediately. Also due to the size of the UASs and the

restricted areas in which the relevant sUASs will operate, approval of the application presents

no national security issue. Given the clear direction in Section 333 of the Reform Act, the

authority contained in the Federal Aviation Act, as amended; the strong equivalent level of

safety surrounding the proposed operations, and the significant public benefit, including

enhanced safety, reduction in environmental impacts, including reduced emissions associated

with allowing UASs, the grant of the requested exemptions is in the public interest.

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption

without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at

least an equivalent or even higher level of safety to operations under the current regulatory

structure because the proposed operations represent a safety enhancement to the already safe

operations conducted with conventional aircraft.

These limitations and conditions to which First Coast Aerial Imaging agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational quad rotorcraft flight will be 20 minutes for each

operational flight. Flights will be terminated at 15% battery power reserve should that occur prior to the 20 

minute flight duration.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200

feet above an elevated platform from which imaging is planned.
5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and/or

the Camera Operator.

6. First Coast Aerial Imaging pilot in command is a licensed commercial pilot with single engine land, 

multi-engine land centerline thrust and instrument land rating. The pilot holds a valid state-issued driver’s

license and/or a medical certificate of class III or above.

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS

Pilot, who possess the necessary PIC qualifications, is also present (i.e. the Visual

Observer), that person can also be designated as the PIC.

8. The UAS will only operate within a confined “Sterile Area” of the flight operations area.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s

activities. It will be mandatory that all personnel who will be performing duties within the

boundaries of the safety perimeter be present for this briefing.

10. The operator will obtain the consent of all persons involved and ensure that only consenting

persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to

30 feet based upon an equivalent level of safety determination.

11. Pilot and observer will have been trained in operation of UAS generally and received up-todate information on the DJI Inspire 1 sUAS to be operated, including the latest firmware updates.

12. Observer and pilot will at all times are able to communicate by voice and/or text.

13. Written and/or oral permission from the relevant property holders will be obtained.

14. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

15. If the sUAS loses communications or GPS positioning information, the UAS will have failsafe

capability to return to a pre-determined location and land.

16. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption

from Part 21 Subpart H meets the requirements of an equivalent level of safety 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 analysis of

these criteria 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 aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

without the restrictions and conditions proposed.

The sUAS to be operated hereunder is 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 as set out in the sUAS safety procedures. Unlike other civil aircraft,

operations under this exemption will be tightly controlled and monitored by both the operator,

pursuant to the procedural requirements, and under the requirements and in compliance with
local public safety requirements, to provide security for the area of operation as is now done

with conventional videography. These safety enhancements, which already apply to civil aircraft

operated in connection promotional videography, provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these

same criteria demonstrates that there is no credible threat to national security posed by the

UAS, due to its size, speed of operation, location of operation, lack of explosive materials or

flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit,

or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited,"

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

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

the UAS will have no entrance to the cabin, cockpit or pilot station on which the word

“Experimental” can be placed. Given the size of the sUAS, two-inch lettering will be impossible.

The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as

required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the

identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this

regulation to Exemptions Nos. 11251, 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of

safety of current operations by requiring the PIC operating the aircraft to have a sport pilot’s

license (or higher rating) rather than a commercial pilot’s license to operate this small UAS.

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely

controlled with no living thing on board. The area of operation is controlled and restricted, and

all flights are planned and coordinated in advance. The risks associated with the

operation of the sUAS are so diminished from the level of risk associated with commercial

operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as

requested with the PIC holding a minimum of a sport pilot rating exceeds the present level of

safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining airworthiness.
Due to the large size of the operator manual (version 1.4 dated 28 July 2015) for the DJI Inspire 1 instead of 

attaching the manual to this request, it can be found at the following link:

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter,

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual,

approved manual material, markings, and placards, or any combination thereof. The sUAS,

given its size and configuration has no ability or place to carry such a flight manual on the

aircraft, not only because there is no pilot on board, but because there is no room or capacity to

carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground

control point where the pilot flying the sUAS will have immediate access to it.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 11251, 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an

exemption will be needed. The PIC will take all actions including reviewing weather, flight

battery requirements, landing and takeoff distances and aircraft performance data before

initiation of flight.

14 C.F.R. §91.109: Flight instruction:

Section 91.103 provides that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls.

sUAS and remotely piloted aircraft, by their design do not have fully functional dual controls.

Flight control is accomplished through the use of a control box that communicates with the

aircraft via radio communications. Operating frequencies for the DJI Inspire 1 rotorcraft 

are listed in the DJI manuals. The FAA has approved exemptions for flight training

without fully functional dual controls for a number of aircraft and for flight instruction in

experimental aircraft. See Exemption Nos. 11251, 5778K & 9862A. The equivalent level of

safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and

by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person operating

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this
exemption is for a sUAS that is a helicopter, and the exemption requests authority to 

operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform

from which filming is planned, an exemption may be needed to allow such operations.

As set forth herein, except for the limited conditions stated in the manual, the UAS

will never operate at higher than 400 AGL. It will, however, be operated in a restricted area with

security perimeter, where buildings and people will not be exposed to operations without their

pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, and

speed of the UAS as well as the location where it is operated. No flight will be executed without the

required permission of the property owner or local officials. Because of the advance notice to

the property owner and participants in the aerial activity, all affected individuals will be aware of

the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting

far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk

associated with these operations is far less than those presently presented with conventional

aircraft operating at or below 500 AGL other industries. In addition, the low-altitude operations of

the sUAS will ensure separation between these small-UAS operations and the operations of

conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate

altimeter setting available before departure.” As the sUAS may not have a barometric altimeter,

but instead a GPS altitude read out, an exemption may be needed.

An equivalent level of safety will be achieved by the operator, pursuant to the Manual and

Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator

before flight. Constant monitoring of the rotorcraft’s GPS altitiude will be done by the PIC.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing, and, assuming normal cruising speed – (1) During the day,

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the DJI Inspire 1 sUAS provides up to 20 minutes of powered flight, 

To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS rotorcraft would be limited

to approximately 0 minutes.

Given the limitations on the UAS’s proposed flight area and the location of its proposed operations

within a predetermined area, a longer time frame for flight in daylight or night VFR conditions 

is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without

compliance with FAR 91.151 (a)). Operating the sUAS, in a tightly controlled area where only

people and property owners or official representatives who have signed waivers will be allowed,

with less than 30 minutes of reserve fuel, does not engender the type of risks that Section

91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally,
limiting sUAS flights to 0 minutes for the rotorcraft would greatly reduce (or eliminate)

the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20

minutes (with 15% of battery power remaining, whichever happens first) for the rotorcraft.

This restriction would be more than adequate to return the sUAS to its planned

landing zone from anywhere in its limited operating area. Similar exemptions have been granted

to other operations, including Exemptions 11251, 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it

the following:

(1) An appropriate and current airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed

at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As

such, there is no ability or place to carry certification and registration documents or to display

them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control

point where the pilot flying the sUAS will have immediate access to them, to the extent they are

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A

representative sample of other exceptions includes Exemption Nos. 11251, 9565, 9665, 9789,

9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided

in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to the applicant. The operator pursuant to the flight manual and

operating handbook will accomplish maintenance. An equivalent level of safety will be achieved

because these small UASs are very limited in size and will carry a small payload and operate

only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land

immediately and will be operating from no higher than 400 feet AGL. As provided in the attached DJI 

maintenance manual and ensuring that all firmware updates are installed, the operator will ensure that

the UAS is in working order prior to initiating flight, perform required maintenance, and

keep a log of any maintenance performed. Moreover, the operator is the person most

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to

provide the equivalent level of safety.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal

Register, should it be determined that publication is needed:
First Coast Aerial Imaging, LLC seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); 14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9

(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a);

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a

small unmanned vehicle (55 lbs. or less).

Approval of exemptions allowing commercial operations of sUAS will enhance safety by

reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely

low altitudes just feet from the subjects being filmed and in extreme proximity to people and

structures and present the risks associated with vehicles that weigh in the neighborhood of

4,000 lbs, carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the

operational location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried

on board. The sUAS is carried to the operation site and not flown. The sUAS will carry no

passengers or crew and, therefore, will not expose them to the risks associated with manned

aircraft flights.

The operation of small UAS, weighing less than 55 lbs., conducted in the strict conditions

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions

requested herein, including exempting the applicant from the requirements of Part 21 and

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the

ground, and in a sterile environment and, as a result, are far safer than conventional operations

conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior

consent and knowledge. Videography will be of people who have also consented to being filmed or

otherwise have agreed to be in the area where filming will take place.

Any agreements with participating parties that may contain proprietary information will not be shared with

others. Any documents that contain operating conditions and procedures that are not available to the

public are protected from release under the Freedom of Information Act, 5 U.S.C. §§ 552, et

seq.

The grant of this exemption request will provide improved safety in sUAS operations.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight,

speed, operating capabilities, proximity to airports and populated areas and operation within

visual line of sight and national security – provide more than adequate justification for the grant

of the requested exemptions allowing commercial operation of applicant’s UAS.

Sincerely,

Ted Venable

First Coast Aerial Imaging, LLC