1

Jens Eser

20725 Vanowen ST

Apt. B#10

Winnetka, CA 91306

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140

Washington, DC 20590 

Subject: Petition for exemption from FAA section 333 to operate Unmanned Aircraft Systems for 

commercial aerial photography and videography

Los Angeles / September 24th, 2015

Dear Sir or Madam;

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 

C.F.R. Part 11, I, Jens Eser, hereby apply for an exemption from the Federal Aviation 

Regulations (FARs) listed herein and any other necessary to allow its operation of small 

Unmanned Aircraft Systems (sUAS) to offer commercial aerial photography and commercial 

aerial videography services. The requested exemption would permit the operation of a “DJI 

Inspire 1” (sUAS) to create aerial photographs and videos. 

BACKGROUND 

I, Jens Eser, am very experienced in flying hobby type drones for recreational purpose. I am a 

member of the Academy of Model Aeronautics (AMA) and I am familiar with latest FAA and 

AMA guidelines for operating sUAS. I would like to create aerial photography and videography

for commercial purposes through the use of the above mentioned sUAS. 

The sUAS model “DJI Inspire 1” is small, light and easily maneuverable, especially in 

comparison to conventional aircrafts running on combustible fuel. Furthermore, sUAS operate at 

lower altitudes with no people on board and will thereby reduce current risk levels and enhance 

safety. With total weight of 6 to 7 pounds which includes a small camera (DJI X3 or X5) for 

filming, and average flight time of about 15 minutes, this offers very little or no risk to national

security. 

UNMANNED AIRCRAFT SYSTEMS (sUAS)

1.) DJI Inspire 1

• Professional grade “ready-to-fly” sUAS

o 6 pounds takeoff weight 

o 4 motors and propellers

o Approx. 15 to 20 minute flight time depending on battery size

• DJI Flight Controller with GPS 
2

o Provides “Fail Safe” features that allow the aircraft to return to the home point and 

land automatically in the event the command and control signal is lost or the 

battery has reached a pre-determined threshold. If battery reaches a critical level, 

the aircraft will descend and land at the current location. Control of the aircraft is 

maintained during descent to allow the PIC to guide it to a safe landing. 

o “Home Lock” function allows safe return of the aircraft in the event of a motor 

failure

o UAS contains a database of airports and restricted airspace and automatically 

prevents operation in these areas 

• DJI 5.8 GHz Remote Control incl. first person view (FPV) HD video transmission

• DJI Go App: FPV, UAS setting control, and On-Screen Display of telemetry data. The 

DJI Pilot superimposes telemetry data on the video downlink to provide the pilot with 

heading, speed, height, distance, GPS information, and current battery voltage as well as 

indicating proximity to airports and restricted airspace. Direction back to launch point is 

also indicated. 

GROUND STATION EQUIPMENT 

The ground station equipment is comprised of either a single remote control system or dual 

remote control system:

• Single remote control system

o Primary controller is for the Pilot in Command (PIC)

§ 2.4 GHz aircraft remote control and video downlink

§ Display of video, telemetry, and camera control

§ PIC is either the operator of the UAS or the VO

§ Radio control system compliant with CE and FCC regulations

• Dual remote control system

o Primary controller is for the Pilot in Command (PIC) 

§ 2.4 GHz aircraft remote control and video downlink

§ Display of video and telemetry

§ Radio control system compliant with CE and FCC regulations

o Camera Controller operates the camera gimbal and does not affect aircraft control. 

§ 2.4 GHz aircraft remote control and video downlink

§ Display of video and camera control

§ Radio control system compliant with CE and FCC regulations

GROUND CREW 

• Drone/sUAS Operator: The drone operator will operate the UAS (DJI Inspire 1). 

Optionally, the drone operator can be also the Pilot in Command if meeting the 

requirements, see below “Pilot in Command”.

• Pilot in Command (PIC): The pilot in command will have at least a sport pilot or private 

pilot license AND a valid California Driver License or 3rd class medical certificate.

• Camera Operator (optional): The Camera operator controls the camera onboard the 

aircraft for photography and videography missions. 

• Spotter / Visual Observer (VO): The visual observer will provide additional situational 

support during flight operations. 
3

OPERATIONAL PARAMETERS 

1. The UAS will weigh less than 55 pounds. 

2. Flights will be operated within Visual Line of Sight (VLOS) of a pilot and/or observer. 

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

terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet (121 meters) AGL. Unless 

a specific COA is obtained, the limit will be according to the “blanket” COA of 200 feet 

(61 meters). Typical operations are at or below the tree canopy level and within the 

bounds of the owner’s property. 

5. UAS pilot will be an FAA licensed airman with at least private pilot’s certificate and third 

class medical. PIC will have completed operator and safety training. PIC will also have 

accumulated and logged at least 25 hours total time as a UAS rotorcraft pilot including at 

least 10 hours logged as a UAS pilot with a multi-rotor UAS and 5 hours in the same 

make and model of UAS proposed under this exemption request. AMA rules will be used 

to accumulate flying time and practice emergency procedures. PIC will also remain 

current for the type of aircraft for which the PIC is licensed. 

6. Permission will be obtained from the property owner. 

7. Pilot and observer will be able to communicate by voice at all times during the operation. 

8. The UAS will only be operated during daytime hours in Visual Flight Rules (VFR)

weather conditions. 

9. Operations may not be conducted aboard a moving device or vehicle. 

10. Operation near airports will be conducted according to the “blanket” COA unless another 

COA is obtained. (5 nautical miles “NM” from an airport having an operational control 

tower; or 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or 2 NM from an airport without a published instrument flight 

procedure or an operational tower; or 2 NM from a heliport with a published instrument 

flight procedure 

11. Maximum speed 50 knots. 

PRE-FLIGHT CHECKLIST 

1. Check weather conditions are suitable for VFR flight and wind is 20 knots or less. 

2. Check the area or flight environment for potential obstacles and risks, such as power 

lines, trees, large buildings, etc.

3. Inspect the UAS for cracks, damage, and loose hardware. 

4. Install propellers and to make they are secure and free from dirt, cracks and chips. 

5. Check battery condition of UAS and verify batteries are fully charged before takeoff. 

6. Verify all switch positions on the RC transmitters. Generally they are all in the forward 

position with the exception of the flight mode, which should be set to “GPS” mode. 

7. Turn on radio control transmitters and video equipment. 

8. Insert/connect battery with the UAS and switch it on.

9. Check for radio connection with RC transmitters and video downlink. 

10. During warm-up, check the Flight Controller LED indicator. One green flash on the 

aircraft as well as a green status color in the top line of telemetry data indicates that the 

aircraft has the status “ready to fly” and GPS mode is activated.

11. Give your intention to take off by announcing “Take Off”. 
4

DOCUMENTATION 

The following documents are attached and provided to support this petition. 

· DJI Inspire 1 - User Manual Version v.1.4

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONERS SEEK AN 

EXEMPTION 

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

These regulations limit private pilots to non-commercial operations. Because the UAS will not 

carry a pilot or passengers and be operated within limited areas and altitudes, the proposed 

operations can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to 

operate this small UAS. 

B. 14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness 

While the UAS will not have an airworthiness certificate in accordance with 14 C.F.R. part 21, 

Subpart H, the airworthy condition of the UAS will be the responsibility of the PIC in accordance 

with 14 C.F.R. § 91.7(b). 

C. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas 

This regulation establishes safe altitudes for operation of civil aircraft over areas other than 

congested areas. I, Jens Eser, request relief from this section with respect to persons involved in 

the operation as well as vehicles and structures. The UAS will not be operated above 400 feet 

altitude. It will be operated in a defined area where people and buildings will not be exposed to 

operations without their pre-obtained consent. 

D. 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 UAS does not have a barometric altimeter, an exemption is requested. The UAS Flight 

Controller utilizes GPS equipment aided by a static pressure sensor to determine and maintain 

altitude. The aircraft altitude above the takeoff point is provided in the video downlink telemetry 

information and provides sufficient information for the PIC to maintain altitudes at or below the 

400 feet (121 meter) limitations. 

E. 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 cursing 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.” 

Given that the UAS aircraft only fly for a maximum of 30 minutes and typically carry about 15 

minutes of battery power, an exemption is requested. The UAS operations are always conducted 

within a visual line of sight from the takeoff (home and landing point) and within a restricted 
5

area. I, Jens Eser, believe that terminating the flight with 25% remaining battery power provides 

an equivalent amount of safety that is intended by section 191.151(a). 

F. Maintenance and inspections of the UAS

• 14 C.F.R. § 91.405(a) Maintenance Required; 

• 14 C.F.R. § 91.407(a)(1) Operation after maintenance, preventative maintenance, 

rebuilding or alteration; 

• 14 C.F.R. §§ 91.409(a)(1) and (2) Inspections; 

• 14 C.F.R. §§ 91.417(a) and (b) Maintenance Records.

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 the sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the Petitioner. Maintenance will be accomplished by the operator 

pursuant to the Owner’s Manuals. An equivalent level of safety will be achieved because these 

small UAS 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. The operator will ensure that the UAS is in 

working order prior to initial 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. The FAA issued exemption to these regulations in Exemption No. 11062. 
6

SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER 

Petitioner: Jens Eser

Sections of 14 C.F.R affected: §§ 61.113(a) and (b); § 91.7(a); § 91.119(c); § 91.121; § 

91.151(a); § 91.405(a); § 91.407(a)(1); §§ 91.409(a)(1) and (2); §§ 91.417(a) and (b) 

Description of Relief Sought: I, Jens Eser, seek relief from the requirements of 14 C.F.R. §§ 

61.113(a) and (b); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 

91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); 14 

C.F.R. §§ 91.417(a) and (b) to operate small unmanned aircraft systems (UAS) for the purpose of 

commercial aerial photo and video production. 

Thank you.

Yours sincerely, 

Jens Eser