April 20, 2015

Exemption No. 11387 Regulatory Docket No. FAA–2015–0054

Mr. David James Mr. Gary Boozer JB Aerial, LLC 11832 Deer Path Way Orlando, FL 32838

Dear Messrs. James and Boozer:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated January 12, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of JB Aerial, LLC (hereinafter pe titioner or operator) for an exemption. The exemption would allow the petitioner to opera te an unmanned aircraft system (UAS) to conduct elevated photographic a nd remote sensing operations.

See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 and DJI S-900.2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, a nd limited operating area associated with the aircraft and its operation, the S ecretary of Transportation has de termined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pres ented in your petition. In Grants of Exemption No s. 11062 to Astraeus Aerial ( see Docket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. ( see Docket No.

FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for re questing an exemption, I find that—

 They are similar in all material respects to relief previously re quested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S. C. 106(f), 40113, and 44701, delegated to me by the Administrator, JB Aeri al, LLC is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5 ), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) a nd (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to opera te a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.3

Conditions and Limitations

In this grant of exemption, JB Aerial, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions an d limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of ex emption are limited to the DJI Phantom 2 and DJI S-900when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will re quire a new petition or a peti tion to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restricti on. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of th e 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 or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PI C and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not pe rmitted during flight operations. The PIC must be designated before the flight and ca nnot transfer his or her designation for the duration of the flight. The PIC must en sure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discre pancy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,

the conditions and limitations herein ta ke precedence and must be followed.4

Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon wh ich the FAA granted this exemption, then the operator must petition for an amendmen t 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.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e .g., replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functi onal test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. Th e pre-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exempti on must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the f light review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be5

operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and e xperience-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual me teorological conditions (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the ai rport management must be made available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the pr ivate or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a f light unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted unde r the terms of the attached COA.

22. All aircraft operated in accord ance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification6

(N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure th e safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give wa y to all manned aviation operations and

activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently pr otect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under su ch protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or struct ures has granted permission for operating closer to those objects 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.

The PIC, VO, operator trainees or es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/contro ller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. 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 Sa fety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for th e purpose of closed-set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a motion picture and television operations manual (MPTOM)

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction ove r the area of proposed filming. The 3-day notification may be waived w ith the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of the person res ponsible for the on-s cene operation of the UAS;

d. Make, model, and serial or N

− Number of UAS to be used;

e. Name and certificate number of UAS PI Cs involved in the aerial filming;

f. A statement that the operator has obtain ed permission from property owners

and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and

h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight St andards ServiceDear Sir or Madam,

Pursuant to §333 of the FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, JBI LLC, operator of Small Unmanned Aerial Vehicle (UAV) equipped to conduct aerial inspections for the Energy generation and distribution industries for pre-planned, controlled area, inspection services, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its UAS(Unmanned Aircraft System), so long as such operations are conducted within and under the conditions outlined herein or as may be established by the Federal Aviation Administration (FAA) as required by §333.

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive multi rotor aircraft under controlled conditions in airspace that is 1) contained 2) predetermined 3) has on-site safety personnel controlling access, and 4) would provide increased safety to the public and enhancements to clients' business operations.

The name and address of the applicant is: JB Aerial LLC(JBI LLC), 11822 Deer Path Way, Orlando, Florida FL32832.

JBI LLC respectfully requests a grant of an exemption of the following sections of Title 14 of the Code of Federal Regulations:

* 14 CFR 91.7(a)

* 14 CFR 91.119

* 14 CFR 91.121

* 14 CFR 91.151(a)

* 14 CFR 91.405(a)

* 14 CFR 91.407(a)(1)

* 14 CFR 91.409(a)(1) and (2)

* 14 CFR 91.417(a) and (b)I . The Extent of JBI LLC Seeks and the Reason It Seeks Such Relief:

JBI submits this application in accordance with the Reform Act, 112 P.L. 95 §§331-334, seeking relief from any currently applicable federal aviation regulations pertaining to UASs (unmanned aircraft systems) and operating to prevent JBI contemplated commercial inspections , and other flight operations within the U.S. national airspace system.

The Reform Act in §332 provides for such integration of civil UASs into our national airspace system as it is in the public's interest to do so. JBIs lightweight UASs meet the definition of "small unmanned aircraft" as set forth in §333 and combined with a great safety record in similar industries, JBIs light duty UASs are ideal recipients of exemption by the intent of the Reform Act.

Considerations for relief include a combination of sUAS physical characteristics, safety features, and safe practices identified in §333:

* UAV weight,

* UAV overall size,

* UAV speed over ground

* UAV flight characteristics,

14 C.P.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. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, a subset of which are provided in enclosed Supplemental material, an equivalent level of safety will be provided.

14 C.F.R. §91.119: Minimum safe altitudes §91.119 establishes safe altitudes for operation of civil aircraft. §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 UAS that closely mimics the behavior of a helicopter, and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, the UAV will never operate at higher than 400 AGL or beyond unaided visual line of sight, whichever is closer. It will however be operated in a restricted area with o ffi cials taskedwith ensuring public safety, and where buildings and people will not be exposed to operations without their pre-obtained consent and training.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight operation will be taken without the permission of the controlling agency or right of way owner in the case of private property or local o ffi cials in the case of public property or private property with public interests. Because of the advance notice to the property owner and participants in the remote sensing activity, all a ff ected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 8.2kg of JBIs heaviest UAS 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. In addition, the low-altitude operations of the UAS will ensure separation between these small- UAV operations and the operations of conventional aircraft that must comply with §91.119.

14 C.F.R. §91. 121 Altimeter Settings §91.121 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 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, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. The PIC

and Technician will also ensure e ff ective pairing with multiple GPS sources to guarantee accurate detection of height.

14 C.F.R. §9 1.15l (a): Fuel Requirements for Flight in VFR Conditions §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 UAS provides approximately 25 minutes of powered flight in hover mode with payload. JBIs UAS will not be able to meet the 30 minute reserve requirement in 14 CPR §91.151. JBI believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere within its limited operating

area.14 C.P.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. Maintenance will be accomplished by the operator pursuant to the flight manual. An equivalent level of safety will be achieved because these small UAV 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 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.

An exemption granted to JBI would permit its operation of lightweight, unmanned, remotely controlled, UAS in a tightly controlled environment with limited airspace. JBI utilizes specifically determined areas (designed flight zone) to mitigate injury and property damage while fulfilling clients' goals. Technical enhancements to current safety controls will allow JBI to operate exceeding current safety specifications, and stay ahead of, or meet, new ones being implemented by the FAA and Department of Transportation. Further, JBI conducts its operations in compliance with protocols described herein or as otherwise established by the FAA

II . Commercial and Public Benefits

We at JBI believe that granting this exemption request furthers the public interest by providing safe (by way of an unmanned system) and e ffi cient means to meet technical problems solvable by elevated data collection instruments. JBIs client base are typically business' looking to improve reliability and power delivery with their awareness of structures on their respective properties through data collection by photographic, video graphic based inspections. By moving these functions onto the UAS based platform the potential for loss of life or property is diminished due to the greater control in a smaller and safer aircraft that holds no persons. Second, there are no reactive or combustible materials on board the UAV and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of JBIs UAS allow the PIC to avoid hazards. Lastly, due to the nature of the remote sensing instrumentation onboard, the UAS can maintain quite a safe distance between the UAS and the object(s) undergoing scrutiny. Accordingly, JBI UAS have operated and will continue to operate at and above current safety levels.A. The costs and benefits of your proposed action to society in general and specific groups within society

The impact to society, financial and otherwise, would be extremely minimal. Indeed, it's been demonstrated that UASs have the ability to drastically increase the information available to policymakers at a fraction of the cost of measuring this data by terrestrial means. Electricity outages can be minimized, problems can be found before they become a hazard. One such impact would be inconvenience to directly proximal and non-essential personnel that would be displaced from public or business owned property if it is deemed to be unsafe. In this case we relay our needs for a flight zone with the requirement that it be safe from casual intrusions and allow the business time to shift operations in order to minimize potential safety issues.

1. The e ff ect of an exemption for JBI on the quality of the natural and social

environments

Utilizing UAS minimizes the requirement for conventional aircraft. This eliminates the need for an onboard pilot, time consuming adherence to regulations surrounding book keeping and submission of flight paths to local civilian or military airports, and

detrimental e ff ects to the environment caused by operating a combustible fuel based, large scale aircraft, with restrictions on the proximity to the target for remote sensing.

Ill . Flight Capabilities and Characteristics of JBIs UA V

Pursuant to 112 P.L. 95 §333 (a), concerns for public safety are mitigated by the overall capabilities and 1 characteristics of the UAS. JBI UAS utilizes six (hex) or four (quad) counter-rotating propellers paired oppositely to each other for balance, control and stability. The total span of the UAS Hex is 900mm, Quad 350mm allowing for stable flight or landing even with the sudden onset of detrimental environmental conditions.

The Hex UAS has a maximum unit takeo ff mass of 8.2kg, The Quad has a maximum

takeo ff weight of approximately 1.5kg, including cinematic/photographic or other surveying equipment. JBIs UAS is designed to primarily hover in place to capture photographic data and then operate at less than a 50 knot maximum speed to the next point of interest. They are capable of vertical and horizontal operations but, in practice, is operated only within unaided VLOS of the Pilot. In addition to the PIC, JBI will utilize a Visual Observer (VO) which are within unaided verbal communication range. These personnel may be supplemented by safety o ffi cials provided by the client who are

instructed to cordon o ff and otherwise minimize pedestrian access in the flight zone of the client's grounds. In the event of loss of visual of the UAV, the PIC can change flight controls from cartesian (X,Y,Z) based controls to radial (r,a ,h) based controls which allows the PIC to utilize one controller axis to recall the UAS to the PIC's position without concern to the current heading of the UAV. In the event of loss of sight of the sUAS into an area containing hazards or possible hazards, the spotter or pilot has a heads-up-display containing a live video feed which can be used to locate the UAV while it maintains it's position in hover mode. The UAS has demonstrated it's ability tomaintain it's position by GPS coordinates in hover mode in "-'25kph wind gusts at 2.5m representing an extreme environmental condition beyond the range of conditions within the scope for UAV operation. All of JBIs UAV utilize LiPo (lithium polymer) battery based power sources, decreasing safety risks from more easily combustible, fuel based, power sources. Flight times generally last between fifteen (15) to twenty five (25) minutes allowing the sta ff to work with small flight areas per phase. The maximum flight time without payload is 45 minutes, however practical safe operation limits this to 30 to give ample time to control the UAS to a safe landing zone. JBI further restricts flight time by not operating its UAS with less than twenty five percent battery capacity. Further safety management systems in place include a GPS mode that allows JBI UAV to hover in place and land if communication with the PIC is lost and optionally follow a set of waypoints at a set speed and height to a 'home base' predesignated safe landing zone. In the event of unforeseen motor failure, the Hex system will enter into a controlled hover mode while allowing full use of all UAS flight controls by the PIC. All commands sent via remote controller received during a controlled return to land are translated to an 'as meant' paradigm meaning the flight control package will use it's realtime 3 dimensional position and compensate rotors control the UAS regardless of spin velocity. Landing gear is also programmed to deploy based on sensing of range to ground from non-GPS based sources. This assures that if one system is compensated a safe and successful landing can still occur.

IV . Reasons Why an Exemption to JBI Will Not Adversely A ff ect Safety Standards

JBIs contends that operation of it's UAS will not "create a hazard to users of the national airspace system or the public:' as stated in 112 P.L. 95 §333 (b). Given the diminutive size and weight of JBIs UAS, combined with their operation in cordoned o ff and well-controlled areas, JBIs UAS falls within Congress's contemplated safety zone. JBIs UAV have an established safety record. The pilots have many years of hobby UAS flying and a combined total 37 years full size helicopter flying within the Oil and Gas Industry, EMS, Army Aviation and part 135 operations. Bolstered by multi-point preflight checklist, General Operations Manual, Maintenance Manual, Training guides and awareness of their surroundings and intimate knowledge of the FARs and behavior of the UAV platform in many weather conditions. JBIs safety record and implemented operational practices demonstrate an awareness of public safety. JBI operations routinely provide a level of safety at least equal to existing rules, and in nearly every instance, exceeds existing rules. JBI has worked very closely with the regional vendors and support for this unit to create a tightly integrated and highly fault tolerant platform that has been tested throughly by a vendor with a proven record for safety and solid designs.

Though it does not mitigate safety it is of note that as of Nov 2014 there are few companies that will insure UAS operations and UAS based companies. The UAS of use at JBI is one of two models (by current awareness) that qualify for protection against damages or injury. JBI also continues to work closely with this organization (FAA) toidentify and mitigate UAS platform risk due to their expertise in several industries closely related to the aviation and transportation. JBI does not intend to operate its UAS on or near airports unless permission is granted and generally has only operated its fleet on grounds with cordoned o ff areas or areas under the control of the property owner I client with assistance by safety o ffi cials employed by the business. JBI determines the areas needed to fulfill the clients' goals and only operates its UAVs in these flight zones and only in compliance with well regarded safety protocols set forth initially by the RC UAS trade and hobby groups and recently by relevant FARs.

JBI standardized on the following practices to ensure safe operation of it's UASs:

* Work with on-site personnel to plan the flight goals,

* Work with on-site personnel to restrict access to non-essential persons,

* Operation by unaided VLOS operation only,

* Operation in phases 30 minutes max in length,

* Operation to minimal 25% battery power,

* Operation of device to GPS aided readout to 400ft at maximum,

* Numerous pre-programmed fail-safes that ensure specific behavior per issue,

* Three main roles supplemented by on-site safety personnel,

* Employ controlled lifecycle and total time management of components to guard against component failures,

* Subscribe to relevant local weather and safety alerts,

Expertly choose data collection instruments and accessories to minimize flight requirements or expertise,

JBI has experience in similar fields and has adapted this experience in it's use of UAS’s to increase safety. In combination to the ever expanding knowledge repositories from hobbyists and experts alike, JBI is constantly evolving it's practices when there is a clear benefit to operations or increased safety element.A. Summary

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:

JBI {applicant) seeks an exemption from the following rules: 14 C.P.R. §§61.113 14 CFR 91.7 (a); 91.119; 91.121; 91.151(a); 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 (8.2 kg or less) in elevated photographic and remote sensing operations.

Approval of exemptions allowing commercial operations of UAS in the the media industry will enhance safety by reducing risk associated with conventional aircraft operations and other means of elevated remote sensing involving persons. The public benefit served by approval of this petition is increased awareness of characteristics of

di ffi cult imaging targets. A UAS weighing fewer than 8.2 kg and powered by sealed batteries eliminates virtually all associated risk inherent in operating conventional aircraft in close proximity to buildings or persons or otherwise elevating persons to a position they would be able to collect needed data.

The operation of small UAS’s, weighting less than 8.2kgs, 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. As identified and described herein, Gary Boozer and David James, and their company JB Aerial LLC (JBI LLC), are experienced, aviation professionals in the various industries. Gary Boozer and David James have a combined 37 years of violation, incident and accident free aviation experience. The FAA has been given the authority to issue the exemption to JB Aerial LLC (JBI LLC) pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), and as such, we humbly seek your consideration and approval of this petition.

David James

Gary Boozer