# 11 HAItPER 1VIEYER 11

Attorneys at Law

KATIE DELUCA kdeluca@harpermeyer.com 305.577.3443 Ext. 235

October 14, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., S.E. West Building Ground Floor, Room W12-140 Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act, 49 U.S.C. 44701(f) and 14 C.F.R. Part 11

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, Inflight Solutions LLC ("Inflight") seeks exemption from the Federal Aviation Regulations ("FARs") listed herein to allow for the commercial operation of its small Unmanned Aircraft Systems ("UAS") to conduct of aerial videography and photography for real estate, architecture, land surveying and mapping, precision agriculture, television, public events, cinematography, news gathering, and aerial inspection and photography of residential and commercial structures, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA. Inflight does not intend to operate its UAS outside the United States. Inflight's Pilot in Command ("PIC") has over fifteen years of experience with model aeronautics, including model airplanes and helicopters. Inflight's operations team has over four years of experience with UAS equipment.

The requested exemption would permit the operation of small, unmanned and relatively inexpensive UAS under controlled conditions in an airspace that is limited, predetermined and controlled as to access; and would provide a safe, efficient, economical and environmentally friendly alternative to conventional aircraft traditionally used to obtain aerial imagery. Approval of this petition would thereby enhance safety and fulfill the Secretary of Transportation's responsibilities to "...establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the FMRA.

Inflight respectfully requests that the FAA waive the publication and comment procedures and grant this petition in a summary fashion, as (i) Inflight will comply with conditions and limitations substantially similar to, if not the same as, those in recently granted exemptions; (ii) the requested exemption would not set a precedent; and (iii) any delay on acting on this request for exemption would be detrimental to Inflight.

I3ARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.com

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Petitioner's Contact Information:

Inflight Solutions, LLC 2000 S. Dixie Hwy, Suite 205B Miami, FL 33133 Attn: Eduardo de Aguiar Phone: 786-505-6901 Email: egfd.aguiar@gmail.com

Harper Meyer Perez Hagen O'Conner Albert & Dribin LLP 201 S. Biscayne Boulevard, Suite 800 Miami FL, 33131 Attn: Katie DeLuca Phone: 305-577-3443 Email: kdelucagharperineyer.com

Regulations from which the Exemption is Requested:

14.C.F.R § 61.101(e)(4) & (e)(5) 14.C.F.R. § 61.113(a) & (b) 14.C.F.R § 61.23(a) & (c) 14.C.F.R § 61.315 14.C.F.R. §91.119 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) 14.C.F.R. § 91.417(a) and (b)

This exemption application is expressly submitted to fulfill the Congressional mandate in Section 333 of the FMRA to accelerate the introduction of commercial unmanned aircraft systems into the national airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether certain UAS may operate safely in the NAS before completion of the rulemaking required under Section 332 of the FMRA. In inaking this determination, the Secretary of Transportation is required to determine which types of UAS 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 weight, size, speed and operational capabilities of the UAS;

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.com

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• Whether the UAS will be operated in close proximity to airports or populated areas; and

• Whether the UAS will be operated within the visual line of sight of the operator ("VLOS"). Section 333(a)(1) of the FMRA Reform Act § 333(a)(1).

The Federal Aviation Act expressly grants the Secretary of Transportation the authority to grant exemptions from the agency's safety regulations and minimum standards when the Secretary decides a requested exemption is in the public interest. See 49 U.S.C. §§ 106 (f), 44701-44716, et. seq.

Inflight's UAS weigh 55 lbs. or less, including payload and will be operated at a speed of no more than 87 knots. They will operate only within VLOS over private property, under the conditions and limitations set forth herein. Given the small size of the UAS and the restricted envirorunent in which they will operate, Inflight 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 UAS to commence immediately. Additionally, due to the size of the UAS and the restricted environment in which they will operate, approval of Inflight's petition presents no national security issue. The grant of exemption is in the public interest based on the clear direction in Section 333 of the FMRA, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of safety surrounding Inflight's proposed operations, and the significant public benefit, including enhanced safety and reduction in environmental impacts, including reduced emissions, to be realized as a result of the use of the UAS in Inflight's aerial videography and photography operations. Accordingly, Inflight respectfully requests that the FAA grant the requested exemption without delay.

Unmanned Aircraft Systems:

Inflight seeks an exemption to operate the following five UAS for compensation or hire within the NAS: (i) the DJI S1000; (ii) DJI Inspire 1; (iii) Aeromapper 300; (iv) Cinestar 8 HL; and (v) the Freefly ALTA. The user manuals for each UAS have been submitted contemporaneously with this request for exemption. All UAS operated by Inflight will be registered in accordance with 14 C.F.R. Part 47.

The UAS autonomous flight and navigation modes enable the UAS to remain within a defined operational area and are designed for automatic return to the home position in the event of loss of the control link or navigation. If the control link is lost or the minimum battery threshold has been exceeded, the UAS will automatically land or return to the point of launch via GPS, depending on the option selected. If automatic landing feature selected, the UAS begins a slow, safe and automatic descent and upon landing will shut down. If the return to point of launch feature is selected, the UAS will descend to the point of launch and shutdown. A complete description of the flight and navigational modes of the UAS and the failsafe functions of the UAS are set forth in the User Manuals attached hereto.

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.com

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All flight operations proposed to be conducted by Inflight shall be performed by a team of three: a Pilot in Command ("PIC"); a Visual Observer ("VO"); and an engineer. All flights shall be conducted within the visual line of sight ("VLOS") of the PIC, within non-controlled airspace, at an altitude no greater than 400 feet AGL, and only over private property with the consent of the property owner and/or developer, as applicable. The Aeromapper 300 shall only be operated over rural areas.

Conditions and Limitations

In seeking this exemption, Inflight proposes commercially operate the UAS within its fleet, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the UAS described herein, when weighing less than 55 lbs., including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

2. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). Inflight may either use ground speed or calibrated airspace to determine compliance with the 87 knot speed restriction. In no case will the UAS be operated at airspeeds greater than the maximum UAS operating airspeed recommended by the aircraft manufacturer.

3. The UAS must be operated at an altitude of no more than 400 feet AGL, which altitude shall be reported in feet AGL.

4. The UAS must be operated within the 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 or U.S. driver's license.

5. All operations must utilize a visual observer ("VO"). The UAS must be operated within the VLOS of the PIC 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. 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 VO can perform the duties required of the VO.

6. The grant of exemption and all operating documents necessary to operate the UAS and conduct its operations in accordance with the conditions and limitations stated

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.com

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herein must be accessible during UAS operations and made available to the

Administrator upon request. If a discrepancy exists between the conditions and limitations in the grant of exemption and the procedures outlined in Inflight's operating documents, the conditions and limitations within the grant of exemption shall take precedence and must be followed. Otherwise, Inflight must follow the procedures as outlined in its operating documents. Inflight may update or revise its operating documents. It shall be Inflight's responsibility to track such revisions and present updated and revised documents to the Administrator and any law enforcement official upon request. Infight must also present updated and revised documents if it petitions for an extension or amendment to its grant of exemption. In the event Inflight determines that any update or revision would affect the basis upon which 'the FAA granted the exemption, than Inflight shall petition for an 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.

7. 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 prior to conducting further operations under the 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 functional test flight must be conducted in such a manner so as not to pose an undue hazard to persons and property.

8. Inflight shall be responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

9. Prior to each flight, the PIC shall conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The 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.

10. Inflight must follow the UAS manufacturer's maintenance overhaul, replacement, inspection and life limit requirements for the aircraft and aircraft components.

11. Each UAS operated under the exemption must comply with all manufacturer safety bulletins.

12. The PIC must hold either a recreational or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.com

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by a state. The PIC must also meet the flight review requirements specified in 14

C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

13. Inflight may not permit any PIC to operate unless the PIC 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 person, vessels, vehicle and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training Inflight's PICs and VOs (training, proficiency and experience building) and determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the grant of exemption are permitted under the terms of the grant 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 in accordance with 14 C.F.R. §91.119.

14. UAS operations shall not be conducted at night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) shall not be authorized.

15. UAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility 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 Inflight. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

16. The UAS 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.

17. If the UAS loses communications or loses its GPS signal, it must return to a predetermined location within the private or controlled-access property.

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

19. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power reconunended by the manufacturer if greater.

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.com

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20.Inflight 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 operation. All operations shall be conducted in accordance with the airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

21. All UAS operated in accordance with the grant of exemption must be 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 possible.

22. Documents used by Inflight to ensure the safe operation and flight of the UAS and any documents required under 14 C.F.R. §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station (GCS) 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.

23. The UAS must remain clear and yield the right of way to all manned aviation operations and activities at all times.

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

25. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, VO, Camera Operator, Engineer, trainees or essential persons), vessels, vehicles and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an accident. Inflight 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 UAS, flight operations must cease immediately and/or;

b. The UAS 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.

26. All operations shall be conducted over private or controlled access property with permission from the property owner/controller or authorized representative. Permission from the property owner/controller or authorized representative will be obtained for each flight to be conducted.

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.com

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27. 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.<Y .,ov

.
Unless otherwise specified in the grant of exemption, the UAS, the UAS PIC and the UAS operations shall comply with all applicable parts of 14 C.F.R. including, but not limited to, Part 45, 47, 61 and 91.

Statutory Criteria Provided in Section 333

Each UAS proposed to be operated by Inflight weigh 55 ibs. or less, including payload, will never operate at a speed of more than 87 knots or at an altitude higher than 400 feet AGL. To maximize safety, no flight operations will be conducted by Inflight when wind speeds are in excess of 15 mph. Each UAS proposed to be operated by Inflight carry neither pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate within a restricted and circumscribed area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by Inflight, in accordance with the conditions and limitations listed above, and under the requirements and in compliance with local public safety requirements. Utilizing the UAS in Inflight's proposed operations shall provide a greater degree of safety to the public and property owners than conventional operations using manned aircraft. Additionally, due to the size, speed of operation, location of operation and lack of explosive materials or flammable liquid fuels, there is no credible threat to national security posed by such UAS.

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 requirements of an airworthiness certificate upon consideration of the size, weight, speed, operational capability and proximity to airports and populated areas of the particular UAS. Given the small size and operational capabilities, of the UAS and the restricted areas in which the UAS will be operated, an exemption from Part 21 subpart H, Airworthiness Certificates, and 14 C.F.R. 91.7(a) is warranted. Operating the proposed UAS without an airworthiness certificate in a restricted environment pursuant to the proposed conditions and limitations will be at least as safe, if not safer, than a conventional aircraft operating with an airworthiness certificate that is not subject to such conditions and limitations.

Since each UAS, fully loaded, weigh less than 55 pounds and are operated without an onboard pilot, there is no ability to place or carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point ("GCP") where the PIC will have immediate access to them.

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP

Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.com

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14 C.F.R. § 61.113(a) &(b): PRIVATE PILOT PRIVELEGES AND LIMITATIONS; PILOT IN COMMAND 14 C.F.R. §61.101(e) (4) &(5): RECREATIONAL PILOT PRIVELEGES AND LIMIATIONS; PILOT IN COMMAND 14 C.F.R. § 61.315(a): WHAT ARE THE PRIVILEGES AND LIMITATIONS OF MY SPORT PILOT CERTIFICATE

Section 61.113(a) and (b) limit private pilots to non-commercial operations; Section 61. Section 61.101(e) (4) and (5) limit recreational pilots to non-commercial operations; and Section 61.315(a) limit sport pilots to non-commercial operations. Inflight requests relief from the foregoing to the extent necessary to allow a PIC holding a sport pilot certificate or higher level certificate to conduct Inflight's proposed UAS flight operations for compensation or higher.

In Exemption No. 11213, the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as PIC in unmanned aircraft operations, as the holders of such certificates (i) must demonstrate the same aeronautical knowledge relevant to unmanned aircraft operations as a holder of a private pilot certificate; and (ii) are subject to security screening by the Department of Homeland Security.

An equivalent level of safety will be achieved because Inflight's PIC shall hold a recreational certificate or sport pilot certificate and shall not be allowed to operate the UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that such PIC is able to safely operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering the restricted area of operation, the operating conditions and limitations set forth herein, the parallel nature of sport pilot aeronautical knowledge requirements to private pilot requirements (and by extension, pursuant to the reasoning within Exemption 11062, commercial pilot requirements), allowing operations as requested with a recreational pilot certificate or sport pilot certificate exceeds the present level of safety achieved by 14 C.F.R. Section 61.114 (a) and (b).

14 C.F.R. § 61.23(a) &(c): OPERATIONS REQUIRING A MEDICAL CERTIFICATE: REQUIREMENTS AND DURATION

Inflight requests relief from Section 61.23(a) and (c), to the extent necessary to allow a PIC holding a sport pilot certificate or higher level certificate, as well as a current and valid driver's license, to conduct the proposed UAS flight operations for compensation or hire.

In Exemption No. 11213, the FAA (i) granted relief from Section 61.23(a) to allow and pilot holding a sport certificate or higher to operate a UAS with a U.S. issued driver's license in lieu of an FAA-issued medical certificate; and (ii) granted relief from Section 61.23(c) to allow

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.coin

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sport pilot certificate holders to operate aircraft other than LSA with a U.S. issued driver's license.

As each UAS, fully loaded, weighs less than 55 lbs. and will be operated within the VLOS of the PIC, at an altitude below 400 feet AGL, over a restricted area and subject to the conditions and limitations set forth herein, an equivalent level of safety will be achieved by requiring a PIC holding a recreation pilot certificate or sport pilot certificate, to operate the UAS with a U.S. issued driver's license.

14 C.F.R. § 91.119 MINIMUM SAFE ALTITUDES

Section 91.119 establishes safe altitudes for operation of civil aircraft. Inflight requests relief from Section 91.119 to the extent necessary to permit Inflight to operate UAS at altitudes up to 400 feet AGL. As set forth herein, the UAS will never operate at an altitude higher than 400 feet AGL.

The equivalent level of safety will be achieved given the size, weight and speed of the UAS. Additionally all operations will be conducted over private and/or controlled access property with the permission of the property owner or local officials, as applicable. Because of advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the flight operations.

Compared to flight operations with conventional aircraft weighing far more than the maximum 55 lbs. proposed herein, carrying flammable fuel, any risk associated with these operations will be significantly less than those currently allowed with such conventional aircraft operating at or below 500 feet AGL. In addition, the low-altitude operations of the UAS will ensure separation between UAS operations and 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 UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption from Section 91.121 may be necessary. An equivalent level of safety will be achieved because the altitude information of the UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UAS to the GCS from activing monitory of the flight path and altitude, and the PIC shall confirm the altitude of the launch site shown on the GPS altitude indicator prior to each flight operation. This altitude information, combined with Inflight's operation of the UAS within the VLOS, at an altitude at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.com

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14 C.F.R. § 91.151(A): FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS

Section 91.141(a) prohibits an individual from beginning "a flight in airplane under VFR conditions unless (and considering wind and forecast weather conditions) there is enough fuel to fly to the first intended point of 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 1000 provides approximately 15 minutes of powered flight; the battery powering the DJI Inspire 1 provides approximately 18 minutes of powered flight; the battery powering the Aeromapper 300 provides approximately 1.5 hours of powered flight; the battery powering the Cinestar 8 HL provides approximately 15 minutes of powered flight; and the battery powering the Free Fly ALTA provides approximately 10 minutes of powered flight. Without an exemption from Section 91.515, the flight time duration of the battery powering the UAS would severely constrain the practicality of any aerial video or still photo flight operations that Inflight proposes to conduct pursuant to this exemption. In support of such exemption, Insight notes that the UAS are battery powered, are operated within the battery capacity of the UAS, and, with the exemption of the Aeromapper 300, are 'only operated for brief periods of time. Given the limitations on the proposed operations and their locations, an exemption from 91.515 is warranted.

14 C.F.R. § 91. 405(a); § 91.407(a)(1) ;§ 91.409(a); §91.417(a) &(b): MAINTENANCE INSPECTIONS

Section 91.405(a) requires 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..." Section 91.407 similarly makes reference to the requirements in Part 43. Section 91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417 requires the owner or operator to keep records, showing certain maintenance work that has been accomplished by certified mechanics under Part 43, or licensed pilots, and records of approval of the aircraft for return to service.

As these sections and Part 43 only apply to aircraft with an airworthiness certificate, these sections do not apply to Inflight as the proposed UAS do not require airworthiness certificates. An equivalent level of safety will be achieved because the UAS are small in size and will only operate in restricted areas for limited periods of time. Inflight will perform all maintenance and inspections in accordance with the operating documents and any required manufacturer safety or service bulletins, and conditions and limitations set forth herein; and will keep a log of any maintenance performed. In addition the PIC will conduct a pre-flight inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.harpermeyer.comOctober 14, 2015

Page 12

potentially affecting safe operation of the UAS and no flights will occur unless and until the UAS has been found to be in a condition for safe operation.

Conclusion

The use of UAS for aerial videography and photography flight operations in lieu of conventional fixed wing and rotary aircraft benefits the public by decreasing congestion in the NAS, reducing air and noise pollution and increasing the safety of life and property in the air and on the ground. Additionally, the proposed operation of the UAS will not implicate any privacy issues, as all flights will occur under the conditions and limitations set forth herein.

By granting the requested exemption, the FAA will be fulfilling the Congressional mandate of Section 333 of the FMRA, while also advancing the interests of the public, by allowing Inflight to safely, efficiently and economically operate the UAS commercially within the NAS. Additionally, the conditions and limitations proposed herein are substantially similar to, if not the same as, those in numerous grants of exemption previously issued by the FAA. Accordingly, Inflight respectfully requests that the FAA grant the requested exemption without delay.

Sincerely yours,

Katie DeLuca, Esq.

HARPER MEYER PEREZ HAGEN O'CONNOR ALBERT & DRIBIN LLP Suite 800 • 201 South Biscayne Boulevard Miami, Florida 33131 Telephone: 305.577.3443 • Facsimile: 305.577.9921 Web site: www.ljt-HW4AWV

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