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 secti on 333 to operate Unmanned Aircraft Systems for

commercial aer ial photography and videography

Los Angeles / September 24 th, 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, J ens 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 pho to graphy and commercial

aerial videogr aphy services . The requested exemption would permit the operation of a “ DJI Inspire 1” ( s UAS ) to create aerial photo graphs and videos

.

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

member of t he Academy of Mo del Aeronautics (AMA) and I am familiar with latest FAA and AMA guidelines for operating sUAS. I wou ld like to create aerial photography and videography for commercial purposes through the use of the above mentioned s UAS.

The s UA S model “ DJI Inspire 1” is small, light and easily maneuverable, especially in comparison to conventional aircraft s running on combustible fuel. Furthermore, sUAS operate at lower altitudes with no people on board and will thereby reduce current risk levels and enh ance

s afety. 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 ( s UA S ) 1.) DJI Insp ire 1

• Professional grade “ ready

- to

- fly ” s UAS

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 GPS2 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 c ontains a database of airports and restricted airspace and automatically

pr events 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 t elemetry 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

Th e ground station equipment is comp rised 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 f or the Pilot in Command (PIC)

§ 2.4 GHz aircraft remote contro l 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 d rone operator will operate the UAS (DJI Inspire 1). Optionally, t he drone operator can be also the Pilot in Command if meeting th e requirements, see below “Pilot in Command”.

• Pilot in Command (PIC): The pilot in command will have at least a sport pilot or private pilot lic ense AND a valid California Driver License or 3rd class medical certificate.

• Camera Operator (optional): The Cam era 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. F lights will be operated within Visual Line of S ight (VL O S) of a pilot and/or observer.

3. Maximum total flight time for ea ch operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve s hould that occur prior to the 30 minute limit.

4. Flights will be operated at an altitu de 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 operat ions 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 t raining . PI C 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 lice nsed.

6. Permission will be obtained from the property owner.

7. Pilot and observer will be able t o 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 wi ll 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 w eather conditions are suitabl e 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 build ings, 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 a re all in the forward position with the exception of the flight m ode

, which should be set to “GPS” mode

. 7. Turn on radio control tra nsmitters 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 indica tes 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 operat ions. 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 pr ivate 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 a irworthy 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 oth er 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 i n 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

refere nce 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 altitud es 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 fo recast 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 aircr aft only fly for a maximum of 3 0 minutes and typically carry about 15

minutes of batter y power, an exemption is requested. The UAS operations are always conduc ted within a visual line of sight from the takeoff (home and landing poi nt ) and w ithin a restricted5 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. Main tenance 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 pe riods 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 o f 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 a ffected: §§ 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 system s (UAS) for the purpose of

commercial aerial photo and video production.

Thank you.

Y ours sincerely

, Jens Eser