June 8, 2015

Exemption No. 11772 Regulatory Docket No. FAA

− 2015

− 0916

Mr. Gregory S. Winton, Esq. Counsel for RS&H, Inc. The Aviation Law Firm 1997 Annapolis Exchange Parkway Suite 300 Annapolis, M D 21401

Dear Mr. Winton :

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

By letter dated April 3, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of RS&H, Inc. ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct g eospatial data collection, aerial photography, infrastructure inspection services, and disaster area damage and debris assessments

.
See Appendix A for the petition submitted to the FAA des cribing 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 Inspire 1

.2

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21

, C ertification 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 ha ve requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented 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 Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested 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 situation you pre sent; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant 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, RS&H, Inc. 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) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditio ns and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, RS&H, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and 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 exemption are limited to the DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new pet ition or a petition 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 e ither groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. 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 o perated 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 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.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLO S) 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 ;

e lectronic messaging or texting is not permitted during flight operations. 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.

7. This exemption and all document s 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 opera tions and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and r evised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any up date or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’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 affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conduc ting further operations 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 functional test flight must be conducted in such a manner so as to not pose an undue h azard 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 con dition 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.

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

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

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 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 by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flig ht revi ew requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consi stent with how the UAS will be5

operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a m anner consistent with
14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, 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 this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not e ssential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants 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 meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the cur rent FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current
FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or other wise permitted by a COA issued to the exemption holder. The letter of agreement with the airport 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 le ss 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 sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access pro perty.

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

20. The PIC is prohibited from beginning a flight 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 for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance 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 under the terms of the attached COA

.

22. All aircraft operated in accordance 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 the sa fe 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 Administr ator or any law enforcement official upon request.

24. The UA must remain clear and give way 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 mus t be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator 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 UA, flight operations must cease immediately in a manner ensurin g the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures 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 essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller 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 op eration that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A'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.gov

.
If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following a dditional 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 exempti on must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must inclu de 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 th e person responsible for the on

- scene operation of the UAS; d. Mak e, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating 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 all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

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

Sincerely,

/s/ John S. Duncan Director, Flight Standards Service

EnclosuresUNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: RS&H , INC. FOR AN EXEMPTION SEEKIN G RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATION S SECTIONS 61.23(a) & (c), 61.101(e)(4) & (e)(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)(2), AND 91.417(a) & (b)

CONCERNING COMMERCIAL OPERATION OF THE DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEM PURSUAN T TO SECTION 333 OF
THE F AA MODERNIZATION AND REFORM ACT OF 2012 ( PUBLIC LAW 112

- 95)

Submitted on April 0 3

, 201 5

G REGORY S

. W INTON
, E SQ

. T HE A VIATION L AW F IRM 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550
Fax: (866) 568

- 9886 Attorney for Petitioner2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS

................................ ................................ ................. 3

SU MMARY

................................ ................................ ................................ ......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER

................................ ................. 4

BACKGROUND

................................ ................................ ................................ ................. 4

BASIS FOR THE PETITION

................................ ................................ .............................. 5

NAME AND ADDRESS OF THE PETITIONER

................................ ........................ 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH RS&H SEEKS EXEMPTION

................................ ................................ ................................ ................ 8

THE EXTENT OF RELIEF RS& H SEEKS AND THE REASON RS&H SEEKS
THE RELIEF

................................ ................................ ................................ ............... 1 4

THE REASONS WHY GRANTING RS&H 'S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ ................................ ................................ ... 2 0

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ .............. 24

SUMMARY THAT CAN BE PUBL ISHED IN THE FEDERAL REGISTER

.......... 4 1

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT RS&H 'S REQUEST

................................ ................................ ............ 4 1

CONCLUSION

................................ ................................ ................................ ................. 423 GLOSSARY OF ABBREVIATIONS

AGL Above Groun d Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulation s

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FCC Federal Communications Commission

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airmen

OEM Original Equipment Manufacturer

PIC Pilot I n Command

RTH Return To Home

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landin g4 SUMMARY

RS&H , Inc

. seeks exemption from the requirements of 14 C.F.R

. §§ 61.23(a) & (c),

61.101(e)(4) & (e)(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)(2), and 91.417(a) & (b) , to operate an Unmanned Aircraft

System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

.

This exem ption will permit RS&H to operate an Unmanned Aircraft System (UA S ) for the

commercial purpose of conducting aerial acquisitions within the National Airspace System

(NAS).

INTRODUCTION AND INTERESTS OF T HE PE TITIONER

RS&H , Inc. is an employee owned architecture, engine ering, and consulting firm

employing more than 850 associates. With a tradition that began in 1941, RS&H, Inc. has

helped pioneers build the launch platforms for the national space program, create global airports

that connect communities, shape progressive highway systems across the country, and provide

facilities for Fortune 1000 companies. RS&H

, Inc. is headquartered in Jacksonville, Florida, and

primarily provides services to Aerospace, Aviation, Corporate, Defense, Health & Science, and

Transportation clients. RS&H

, Inc. is consistently ranked among the nation’s top 100 design

firms, operate s more than 36 offices, and ha s worked in over 50 countries across the globe.

RS&H, Inc. will utilize the DJI Inspire 1 to commercially provide professional geospat ial

data collection, aerial photography, infrastructure inspection services , and disaster area damage

and debris assessments to our clients. Use of the DJI Inspire 1 will provide RS&H, Inc. a safe

and efficient platform to perform its business operations.

BACKGROUND

Unmanned Aircraft System: DJI Inspire 15

RS&H, Inc. (hereinafter referred to as “ RS&H ”) seeks an exemption to operate the DJI

Inspire 1 UAS ( Inspire 1 UAS) for compensation or hire wi thin the NAS

. The Inspire 1 UAS is

comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) and a Remote

Controller capable of connecting to a Mobile Device . The Insp ire 1 UA has a maximum gross

weight , with payload, of approximately 7 .5 pounds ; the Inspire 1 UA measures approximately

17.2 in. x 17.8 in. x 11.9 in. ; and ha s a maximum speed of approximately 4 2.8 knots . The

Inspire 1 UA is equipped with four rotors mounted in a quad

- copter configuration

, each driven

by a Lithium Polymer b attery powered electric motor.

The Inspire 1 UA that will be operated by RS&H will both be registered in accordance

with 49 U.S.C. 44103

, Registration of Aircraft

, as well as 14 C.F.R

. Part 47, Aircra ft

Registration

, and marked in accordance with 14 C.F.R. Part 45

, Identification and Registration

Marking

.

BASIS FOR THE PETITION

RS&H

, by and through undersigned counsel, pursuant to the provisions of t he Federal

Aviation Regulat ions ( 14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012,

Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the

Administrator to operate the Inspire 1 UAS with in the N ational A irspace S ystem (NAS)

, and for

an exemption from the requirements of 14 C.F.R

. §§ 61.23(a) & (c), 61.101(e)(4) & (e)(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)(2), a nd 91.417(a) & (b)

.

I n consideration of the si ze, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, RS&H ’ s operation of the Inspire 1 UAS meets the6

conditions of FMRA Section 333 and therefore, will not require an airwort hiness certificate in

accordance with 14 C.F.R. P art 21, Subpart H.

Accordingly

, RS&H requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance th at only

apply to aircraft with an airworthiness certificate.

RS&H submits that the requested relief is proper since an equivalent level of safety will

be ensured. All m aintena nce, alterations, a nd preventive maintenance of the Inspire 1 UAS

performed by RS&H will be in accordance with the methods, techniques, and practices

prescribed in the operating documents ( i.e., Inspire 1 User Manual

, Inspire 1 Quick Start Guide,

Inspire 1 1345 Propeller Locks Quick Start Guide, Inspire 1 Intelligent Flight Battery Safety

Guidelines, Inspire 1 Safety Guidelines, and Inspire 1 Maintenance Manual )

. Furthermore, only

the Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher

level inspections and maintenance per the operating documents and OEM standards. RS&H will

document and maintain all mainte nance records for t he Inspire 1 UAS.

Relief from certain requirements of Section s 61.23(a) & (c), entitled Medical certificates:

Requirement and duration

, 61.101(e)(4) & (e)(5), entitled Recreational pilot privileges and

limitations ; 61.113(a)

, entitle d Private pilot privileges and limitations: Pilot in command ; and

61.315 (a), entitled What are the privileges and limits of my sport pilot certificate

, is requested by

RS&H to the extent necessary to allow the proposed UAS flight operation s to be conducted by a

Pilot in Command ( PIC ) holding a sport pilot certificate, recreational pilot certificate, or private

pilot certificate , as well as a n FAA

- issued medical certificate or U.S. issued driver’s license , and

who has demonstrate d, by meeting m inimum flight

- hour and currency requirements

, that the PIC

is able to safely operate the Inspire 1 UAS in a manner consistent with this exemption, including7

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles

, and structures.

RS&H seeks relief from Section 91.7(a) , entitled Civil aircraft airworthiness

, because the

Inspire 1 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. P art 21,

Subpart H. As such, RS&H submits that it will ensure that the Inspire 1 UAS is in an airworthy

condition

, prior to every flight

, by determining that the UAS being used is in compliance with i ts

operating documents ( i.e., Inspire 1 User Manual, Inspire 1 Quick Start Guide, Inspire 1 1345

Propeller Locks Quick Start Guide, Inspire 1 Intelligent Flight Battery Safety Guidelines, Inspire

1 Safety Guidelines, and Inspire 1 Maintenance Manual ) , and that the aircraft is in a condition

for safe flight

.

RS &H seeks relief from Section 91.119(c), entitled Minimum safe altitudes: (c) Over

other than congested areas , beca u se the Inspire 1 UAS will be flown at an altitude at or below

4 00 feet AGL

, and to the extent that the Inspire 1 UAS may be operated closer than 500 feet

from persons, vessels, vehicles, and structures under certain condi tions.

RS&H also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings

, because the altitude reporting equipment of the Inspire 1 UAS is set to zero

feet above ground level (AGL), rather than local barometric pressure or field altitude, before

each flight. The a ltitude information of the Inspire 1 UA is provided to the PIC via a barometric

pressure sensor, Global Positioning System (GPS) equipment, a Visual Positioning System using

ultrasonic and image data, and a radio communications telemetry data link, which downlinks

from the UA to the GCS for active monitoring of the flight path

. A level of safety equivalent to

Section 91.121 will be ensured

, as the altitude of the Inspire 1 UA will be reported to air traffic8

control (ATC) in feet AGL, and RS&H will operate the Inspire 1 UA within visual line of sight,

at or below 4 00 feet AGL

.
Additionally, RS&H seeks an exemption from the requirements of Section 91.151( a ) (1)

,

entitled Fuel requirements for flight in VFR conditions

. RS&H submits that safety will not be

affected by operation of the Inspire 1 UA during daylight hours in visual meteorological

conditions (VMC) under visual flight rules (VFR)

, with enough battery power for the Inspire 1

UA to f ly for a total duration of 1 3 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least f ive (5) minutes (i.e., approximately 30 percent

battery power remaining)

.

In accordance with 14 C.F.R. § 11.81, RS&H provides the following information in

support of its petition for exemption :

A. Name A nd Address Of T he P etitioner

.

The name and address of t he Petitioner is:

RS&H , Inc. 10748 Deerwood Park Boulevard South Jacksonville, Florida 32256

The point of contact for this P etition and specific contact information is as follows:

Gregory S. Winton, Esq. The Aviation Law Firm 1997 Annapolis Exchange Parkway

, Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 | Fax: (866) 568

- 9886
Ema il: Greg@aviationlawexperts.com

B. The Specific Sections Of 14 C.F.R. From Which RS&H Seeks Exemption.

1. RS&H Seeks Exemption From The Requirements Of Section s 61.23(a) & (c).

Section 61.23, entitled Medical certificates: Requirement and duration , subsections (a)9

and (c) prescribe the following, in relevant part:

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person:

(1) Must hold a first

- class medical certificate :

(i) When exercising t he pilot in command privileges of an airline transport pilot certificate ;

(ii) When exercising the second

- in

- command privileges of an airline transport certificate in flag or supplemental operation in part 121 of this chapter that requires three

or more pilots; or

(iii) When serving as a required pilot flightcrew member in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60 th birthday.

(2) Must hold at least a second

- class medical certificate when exer cising :

(i) Second

- in

- command privileges of an airline transport pilot in part 121 of this chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or

(ii) Privileges of a commercial pilot certificate; or

(3) Must hold a t least a third

- class medical certificate

--

(i) When exercising the privileges of a private pilot certificate;

(ii) When exercising the privileges of a recreational pilot certificate;

(iii) When exercising the privileges of a student pilot certifi cate;

(iv) When exercising the privileges of a flight instructor certificate and acting as pilot in command;

. (v) When exercising the privileges of a flight instructor certificate and serving as a required pilot flight crewmember;

(vi) When tak ing a practical test in an aircraft for a recreational pilot, private pilot, commercial pilot, or airline transport pilot certificate, or for a flight instructor certificate;

or

(vii) When performing the duties as an Examiner in an aircraft when admi nistering a practical test or proficiency check for an airman certificate, rating, or authorization.10

(c) Operations requiring either a medical certificate or U.S. driver’s license:

(1) A person must hold and possess either a medical certificate issue d under part 67 of this chapter or a U.S. driver’s license when:

(i) Exercising the privileges of a student pilot certificate while seeking sport pilot privileges in a light

- sport aircraft other than a glider or balloon;

(ii) Exercising the privile ges of a sport pilot certificate in a light

- sport aircraft other than a glider or balloon;

(iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating while acting as pilot in command or serving as a required flight cr ewmember of a light

- sport aircraft other than a glider or balloon; or

(iv) Serving as an Examiner and administering a practical test for the issuance of a sport pilot certificate in a light

- sport aircraft other than a glider or balloon.

(2) A pers on using a U.S. driver's license to meet the requirements of this paragraph must

--

(i) Comply with each restriction and limitation imposed by that person's U.S. driver's license and any judicial or administrative order applying to the operation of a motor vehicle;

(ii) Have been found eligible for the issuance of at least a third

- class airman medical certificate at the time of his or her most recent application (if the person has applied for a medical certificate);

(iii) Not have had his or h er most recently issued medical certificate (if the person has held a medical certificate) suspended or revoked or most recent Authorization for a Special Issuance of a Medical Certificate withdrawn; and

(iv) Not know or have reason to know of any med ical condition that would make that person unable to operate a light

- sport aircraft in a safe manner.

2. RS&H Seeks Exemption From The Requirements Of Section 61.101 (e)(4) & (e)(5).

Sections 61.101, entitled Recreational pilot privileges and lim itations , subsections (e)(4)

and (e)(5) prescribe the following in relevant part:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may

not act as pilot in command of an aircraft

--1 1

(4) For compensation or hire;

(5) In furtherance of a business;

3

. RS&H Seeks Exemption From The Requirements Of Section 61.113(a).

Section 61.113 , entitled Private pilot privileges and limitations: Pilot in command

,

subsection (a) prescribe s th e following, i n relevant part:

( a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircra ft.

4. RS&H Seeks Exemption From The Requirements Of Section 61.315(a).

Section 61.315, entitled What are the privileges and limits of my sport pilot certificate

,
subsection (a) prescribes the following in part:

(a) If you hold a sport pilot c ertificate you may act as pilot in command of a light

- sport aircraft, except as specified in paragraph (c) of this section.

5

. RS&H Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91. 7 , entitled Civil aircraft airwor thiness , subsection (a), states the following :

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

6

. RS&H Seeks Exemption From The Requirements Of Section 91.119(c).

Section 91.119(c), entitled Minimum safe altitu des: (c) Over other than congested areas

,
states the following , in part :

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet abov e the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

7

. RS&H Seeks Exemption From The Requirements Of Sec tion 91.121.12

Section 91.121 , entitled Altimeter settings , subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribe d in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter se tting available before departure;

8

. RS&H Seeks Exemption From The Requirements Of Section 91.151 ( a ) (1)

.

Section 91.151

, entitled Fuel requirements for flight in VFR conditions

, subsection ( a ) (1)

,

state s the following , in releva nt part :

(a) No person may begin 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 th e day, to fly after that for at least 30 minutes;

9

. RS&H Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91. 405

, entitled Maintenance required

, subsection ( a )

, states the follow ing :

Each owner or operator of an aircraft

—

(a) 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 chapt er [.]

10

. RS&H Seeks Exemption F rom The Requirements Of Section 91.407(a)(1)

.13

Section 91. 407

, entitled Operation after maintenance, preventive mainte nance,

rebuilding, or alteration , subsection (a)(1)

, state s the following:

(a) No perso n may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter [.]

11

. RS&H Seeks Exemption F rom The Requirements Of Sections 91.409(a)(1) A nd 91.409( a)(2 ).

Section 91.409

, entitled Inspections , subsection (a)

, state s the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, w ithin the preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuanc e of an airworthiness certificate in accordance with part 21 of this chapter.

12

. RS&H Seeks Exemption From The Requirements Of Section s 91.417(a) A nd 91.417 (b)

.

Section 91.417

, entitled Maintenance records , subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, pre ventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. Th e records must include

--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and14 (iii) The signature, and certificate number of the person approvin g the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

- limited parts of each airframe, en gine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time s ince the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compli ance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is s old.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C

. The Extent Of Relief RS&H Seek s And The Reason RS&H Seeks The Relief

.

1. Extent of Relief RS&H Seeks And The Reason RS&H Seeks Relief From Section 61.23(a) & (c).15

Relief from Section s 61.23(a) & (c) entitled Medical certificates: Requirement and

duration

, is requested to the extent necessary to allow an adequately certificated PIC holding an

FAA

- issued medical certificate or U.S. issued driver’s license , to conduct the proposed UAS

flight operations for compensation or hire

.
This relief is requested since the limitations set forth in Section 61.23(a) state that the

holder of a recreational pilot, private pilot, commercial pilot, or airline transport pilot certificate,

or flight instruc tor certificate must also hold the appropriate FAA

- issued medical certificate to

exercise the privileges of th e pilot certificate. The relief is further requested since the limitations

set forth in Section 61.23(c) state that the holder of a sport pilot certificate must also hold a U.S.

issued driver’s license when exercising the privileges of the certificate in a light sport aircraft.

As set f orth more fully below, RS&H submits that an equivalent level of safety will be

maintained because no PIC will be allowed to operate the Inspire 1 UAS unless that PIC has met

certain flight

- hour and currency requirements, demonstrat ing t hat the PIC is able to safely

operate the Inspire 1 UAS in a manner consistent with the operations specifications as set forth

herein , including evasive and emergency maneuvers, as well as maintaining appropriate

distances from people, vessels, vehicles

, and structures. Additionally, RS&H will require that a

PIC operating the Insipre 1 UAS pursuant to this Petition hold at least a U.S. issued driver ’ s

license, the minimum requirement to act as PIC of a light sport aircraft.

2

. Extent of Relief RS&H Seeks And The Reason RS&H Seeks Relief From Section s 61.101(e)(4) & (e) (5), 61.113(a) , and 6 1.3 1 5(a)

.

Relie f from Section s 61.101(e)(4) & (e)(5), entitl ed Recreational pilot privileges and

limitations ; Section 61.113(a)

, entitled Private pilot privileges and limitations: Pilot in

command ; and Section 61.315(a), entitled What are the privileges and limits of my sport pilot

certificate

, is requested to the extent necessary to allow a PIC holding a sport pilot, recreational16

pilot

, or private pilot certificate , as well as an airman medical certificate or U.S. issued driver’s

license , and who has met certain flight

- hour and currency requirements

, to conduct the proposed

UAS flight oper ations for compensation or hire , subject to the conditions and limitations below

.

This relief is re quested since the limitations set for th in Section s 61.101(e)(4) & (e) (5)

state that no person who holds a recreational pilot certificate may act as pilot in command of an

aircraft for compensation or hire or in furtherance of a business. Relief is requested from

61.113(a) since the limitations set forth in th at section state that no person who holds a private

pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property

for compensation or hire ; nor may that person, for compensation or hire, act as pilot in command

of an aircraft

. Relief is requested from 61.315(a) since the limitations set forth in that section

only allow a person who holds a sport pilot certificate to act as pilot in command of a light

- sport

aircraft.

As set forth more fully below, RS&H submits that an equivalent level of safety will be

maintained because no PIC will be allowed to operate the Inspi re 1 UAS unless that PIC has met

certain flight

- hour and currency requirements, demonstrat ing that the PIC is able to safely

operate the Inspire 1 UAS in a manner consistent with the operations specifications as set forth

herein , including evasive and emergency maneuvers, as well as maintaining appropriate

distances from people, vessels, vehicles

, and structures.

Further, RS&H submits that the additional airmanship experience of a commercially

certified pilot would not correlate to the airmanship skills necessary for RS&H ’s specific

proposed operations.

2. Extent of Relief RS&H Seeks And The Reason RS&H Seeks Relief From Section 91. 7(a)

.17

R elief from Section 91. 7( a) entitled Civil aircraft airworthiness

, is requested to the extent

required to allow RS&H to determine that the Inspire 1 UAS is in an airworthy condition prior to

every flight by ensuring that the UAS is in co mpliance with its operating documents ( i.e

. , Inspire

1 User Manual, Inspire 1 Quick Start Guide, Inspire 1 1345 Propeller Locks Quick Start Guide,

Inspire 1 Intelligent Flight Battery Safety Guidelines, Inspire 1 Safety Guidelines, and Inspire 1

Maintenanc e Manual )

.

RS&H seeks the requested relief because the Inspire 1 UAS do es not require an

air worthiness certificate in accordance with 14 C

. F

. R

. P ar t 21, Subpart H

. Therefore, RS&H will

ensure that the Inspire 1 UAS is in an airworthy condition based up on their compliance with the

relevant operating documents prior to every flight, and further, determine the aircraft is in a

condition for safe flight, as stated in the conditions and limitations below.

3

. Extent of Relief RS&H Seeks And The Reason RS&H Seeks Relief From Section 91.119(c).

Relief from Section 91.119(c), entitled Minimum safe altitudes: (c) Over other than

congested areas , is required because a ll proposed operations of the Inspire 1 UAS will take place

at an altitude at or below 400 feet AGL

. Th i s relief is requested since the limitations set forth in

Section 91.11 9(c) state that no person may operate an aircraft below 500 feet above the surface

.
As set forth more fully below, RS&H submits that a level of safety equivalent to Section

91.119(c) will be maintained because operations will be conducted in areas with co ntrolled

access and under the safety provisions contained within this petition and the Inspire 1 operating

documents.

Additionally, relief from Section 91.119(c) is requested to the extent necessary to allow

operations to be conducted closer than 500 feet to persons, vessels, vehicles, or structures, under

certain conditions . This relief is requested since the limitations set forth in Section 91.119(c)18

prohibit operating an aircraft closer than 500 feet to a person, vessel, vehicle, or structure. As set

forth more fully below, RS&H submits an equivalent level of safety will be maintained because

operations closer than 500 feet to a person, vessel, vehicle, or structure will first require that the

operator receive permission from any nonparticipating perso ns or the person who owns/controls

the property. In addition, barriers or structures will be in place to sufficiently protect

nonparticipating persons from deb ris in the event of an accident and all nonparticipating persons

will be required to remain unde r such protections for the duration of the operation

.

4. Extent O f Relief RS&H Seeks And The Reason RS&H Seeks Relief From Section 91. 121

.

Relief from Section 91.121, entitled Al timeter settings , may be required to allow flight

operations of the Inspire 1 UAS

, because the Inspire 1 UA’s altitude reporting equipment may be

set on the ground to zero feet AGL, rather than local barometric pr essure or field altitude, before

each flight. The Inspire 1 UAS utilize s a barometric pressure sensor, GPS equipment, a Visual

Positioning System using ultrasonic and imaging data, and a radio communications telemetry

data link to downlink altitude infor mation from the UA to the PIC at the Remote Controller

.
Considering the limited altitude of the proposed operations, relief from 14 C

. F

. R

. §

91.121 is sought to the extent necessary to comply with the applicable co nditions and limitations

stated below. As more fully set forth herein

, a level of safety equivalent to Section 91.121 will

be ensured as the altitude of the Inspire 1 UA will be reported to air traffic control (ATC) in feet

above ground level ( AGL), and RS&H will operate the Inspire 1 UA within visual line of sight,

at or below 4 00 feet AGL.

5

. Extent O f Relief RS&H Seeks And The Reason RS&H Seeks Relief From Section 9 1.151( a ) (1)

.19

R elief from Section 91.151( a ) (1) entitled Fuel requirements for flight in VFR conditions

,
is requested to the extent required to allow flights of the battery powered Inspire 1 UA during

daylight hours in visual meteorological condi tions (VMC)

, under visual flight rules ( VFR ) for

the Inspire 1 UA to fly for a total duration of 1 3 minutes to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least f ive (5) minutes (i.e.,

approximately 30 percent battery power remaining )

. RS&H seeks the requested relief because

without an exemption from Section 91.151( a ) (1) , the flight time dura tion of the battery power ed

Inspire 1 UA will severely constrain the practicality of any aerial acquisition and research flight

operations that RS&H propose s to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Inspire 1 UAS, the

Inspire 1 UAS operating documents

, and RS&H ’ s proposed operating limitations

, ensure that

RS&H will safely operate the battery powered Inspire 1 UA during daylight hours in visual

meteorological conditions (VMC) under visual flight rules ( VFR )

, with enough battery power for

the Inspire 1 UA to fly for a total duration of 1 3 minutes to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least f ive (5) minutes (i.e.,

approximately 30 percent battery power remaining )

.

6

. Extent O f Relief RS&H Seeks And The Reaso n RS&H Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only

apply to aircraft wit h an airworthiness certificate, RS&H requests relief from these Sections

because the Inspire 1 UAS do es not require an airworthiness certificate. A s set forth more fully

below, the Inspire 1 UAS meet s the conditions of Section 333 of the FMRA for operation

without an airworthiness certificate

.20

All maintenance, alterations, a nd preventive maintenance on the UAS of the Inspire 1

UAS perform ed by RS&H will be in accordance with t he methods, techniques, and practices

prescribed in the operating documents (i.e., Inspire 1 User Manual, Inspire 1 Quick Start Guide,

Inspire 1 1345 Propeller Locks Quick Start Guide, Inspire 1 Intelligent F light Battery Safety

Guidelines, Inspire 1 Safety Guidelines, and Inspire 1 Maintenance Manual )

. Furthermore, only

the Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher

level inspections and maintenance per the operati ng documents and OEM standards. RS&H will

document and maintain all maintenance records for the Inspire 1 UAS.

D

. The Reasons Why Granting RS&H ’ s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole

.

Gr anting the present Petition will further the public interest by allowing RS&H to safely,

efficiently, and economically perform aerial acquisition s and re search within the NAS

,
commercially, in support of the aerospace, aviation, corporate, defense, government, health &

science, and transportation industries

. Additionally, use of the Inspire 1 UAS will decrease

congestion of the NAS, reduce pollution, and provide significant benefits to the economy.

Notably, the benefits of RS&H ’ s proposed operation of the Inspire 1 UAS will be realized

without implicating any priva cy issues.

1. The Public Will Benefit From The Aerial Acquisition And Research Performed.

RS&H submits this Petition to commercially operate the Inspire 1 UAS and perform

aerial acquisition s , such as geospatial data c ollection, aerial photography, and infrastructure

inspection, within the NAS , in support of the aerospace, aviation, corporate, defense,

government, health & science, and transportation industries . The Inspire 1 UAS will provide21

safe, efficient, and econom ical aerial acquisition and research operations to further each of these

fields, all of which are critical to the well

- being of the general public.

O perations that RS&H will perform with the Inspire 1 UAS highlight how the requested

exemption will direc tly benefit the above

- referenced industries and the public, as a whole. For

example, by conducting disaster area damage and debris assessments , the precision aerial

acquisitions performed by the UAS will be used to benefit the public interest and increase safety

for workers and the general public by identifying potential hazards and conducting damage

assessments before recovery personnel are committed to areas requiring relief. Th e use of the

Inspire 1 UAS would greatly increase the safety and efficiency of recovery and cleanup efforts

surrounding disasters , greatly benefitting the communities requiring aid.

2. The Public Will Benefit From Decreased Congestion Of The NAS.

The Inspire 1 UA is battery powered and serve s as a safe, effici ent, and economical

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use

of the Inspire 1 UAS would reduce the am ount of manned aircraft in the NAS, reduce noise and

air pollution, and increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The Inspire

1 UA do es not require an airport to takeoff or land. Likewise, a reduction of manned aircraft

conducting aerial survey missions would result in fewer aircraft that must be handled by air

traffic control during the ground, takeoff, departure, arrival, and landing phases of flight

operations.

3

. The Public Will Benefit From The Safety And Efficiency Of The Inspire 1 UAS.22

Conducting aerial acquisi tions with the Inspire 1 UAS, instead of manned aircraft, will

greatly benefit the public by drastically reducing the levels of air and noise pollution generated

during traditional aerial survey flight operations. By using battery power and an electric mo to r , the

Inspire 1 UAS produc es no air pollution, and is the most viable environmentally conscious

alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are

typically utilized for aerial acquisitions, and burn approxim ately 20

- 30 gallons per hour of leaded

aviation fuel. The Inspire 1 UA, while reducing the carbon footprint of aerial acquisitions , also

reduce s noise pollution, as the UA is propelled by battery powered electric motors, rather than

in ternal combustion engine s

.
By using the Inspire 1 UAS to perform aerial acquisitions, the substantial risk to life and

property in the air and on the ground, which is usually associated with traditional manned aircraft

flight operations, will be substant ially reduced or completely eliminated. Aside from the lack of

flightcrew members located onboard the aircraft, the Inspire 1 UA (weighing approximately 7 .5

pou nds at maximum gross weight ; measuring 17.2 in. x 17.8 in. x 11.9 in. ; and ca rrying no fuel on

board), ha s less physical potential for collateral damage to life and property on the ground, and in

the air, compared to the manned aircraft that typically conduct aerial acquisitions (weighing

approximately 6,500 pounds with a wingsp an of approximately 40 feet, a length of 34 feet, and a

fuel capacity of 180 gallons).

Additionally, using the Inspire 1 UAS to perform aerial acquisitions will increase the

level of safety and efficiency for RS&H ’s employees, associated contractors, and public

employees by minimizing exposure to a number of hazards typically encountered in a field

environment

, such as bridges

, wetland areas, and steep terrain

, as well as lowering the number of23

incidents and associated costs , such as maintain ing a certai n level of insurance, that normally

coincide with operations in a hazardous field environment

.

4

. Performing Aerial Acquisition Operations With The Inspire 1 UAS Will Benefit The Economy.

In addition to being safe and effici ent, the Inspire 1 UAS is also an economical

alternative to using manned aircraft to conduct aerial acquisitions . As such, operation of the

Inspire 1 UAS will allow United States based companies, like RS&H , to re main competitive and

contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and

the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation

fuels, U.S. owned and operated companies must adopt new and alternative technology in order to

remain competitive. Operati on of a UAS such as the battery powered Inspire 1 UAS is one such

technology that not only allows companies greater operational flexibility compared to manned

a ircraft, but provides such flexibility without the high operational cost of a traditional manned

aircraft.

By operating the Inspire 1 UAS, companies such as RS&H

, can remain competitive and

profitable, and therefore, provide grea ter job stability to employees and contractors, which will

ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S.

companies, through commercial use of the Inspire 1 UAS, provides a stable workforce that

increases consu mer spending; improves local, state, and federal tax revenues; and allows

companies to invest in research and development in order to remain competitive both in the

United States and abroad.

5

. There Are No Privacy Issues

.

Similar to the manned aerial acq uisition flight operations that have been conducted for

d ecades, RS&H ’ s proposed operation of the Inspire 1 UAS will not implicate any privacy issues.24

Specifically, the Inspire 1 UAS will only be operated pursuant to the spec ific conditions and

limitations set forth herein , and in accordance with the Federal Aviation Regulations, including

the minimum altitude requirements of 14 C.F.R. § 91.119. Most significantly, the Inspire 1 UA

will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not

directly involved in the operation unless specific conditions are met

.

E

. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Prov ided By The Rule From Which RS&H Seeks Exemption.

1. Reasons Why The Inspire 1 UAS Meet s The Conditions Of The FAA Modernizatio n and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size , weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, RS&H ’ s operation of the Inspire 1 UAS meets the

conditions of FMRA Section 333

, and will not require an airwort hiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets for th requirements for considering whether a UAS will create a hazard to users of the

NA S or the public

, or otherwise pose a threat to national security. Specifically, FMRA Section

333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactme nt of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance require d by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and25 (2) wheth er a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for S afe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely i n the national airspace system, the Secretary shall establish requirements for the safe ope ration of such aircraft systems in the nati onal airspace system.

I n seeking this exemption, RS&H submits that Inspire 1 UAS can operate safely in the

NAS pursuant to FMRA Section 333, as demonstrated by : ( a ) the characteristics of the Inspire 1

UAS ; ( b ) t he pilot certification requirement; and ( c ) the specific operating limitations

.

a
. The Specifications Of The Inspire 1 UAS Demonstrate Its Safe Characteristics.

The Inspire 1 UAS do es not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security considering its size, weight, speed, and operational

capability.

i

. Technical Specifications Of The Inspire 1 UAS.

The technical specifications of th e Inspire 1 UAS are set forth at pa ge s 57 t hrough 59 of

the Inspire 1 User Manual

, attached hereto as Exhibit A. Exhibit A contai ns proprietary

information and is to be held in a separate file p ursuant to 14 C.F.R. § 11.35(b) 1

.

ii

. The Inspire 1 UAS ’s Autonomous Flight A nd Navigation

Modes Enable It To Remain Within A De fined O perational
A rea.

The Inspire 1 UAS is enabled to enter autonomous flight under certain contingency

situations or at the command of the Remote Controller

. The Inspi re 1 UAS autonomous features

include the following: a GPS Position and Altitude Hold when initiated by the Remote

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Docket Management System (FDMS).26

Controller ; a Return To Home (RTH) function ; and Flight Limi ts (i.e, pre

- set limitations that

restrict t he distance and height o f the UA S flight operations)

.

A complete description of the autonomous modes of the Inspire 1 UAS is provided at

page s 12 through 17 and pages 45 through 48 of the Inspire 1 User Man ual, attached hereto as

Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file

pursuant to 14C.F.R. § 11.35(b).

iii

. The Inspire 1 UAS Is D esigned For Automatic Return To Home Point Or Auto

- Land In The Event Of Loss Of The Control Link Or Navigation.

A complete description of the Failsafe Functions of the Inspire 1 UAS is set forth at

pages 12 through 17 and pages 45 through 48 of the Inspire 1 User Man ual

, attached hereto as

Exhibit A

. Exhibit A contains proprietary information and is to be held in a separate file

pursuant to 14 C.F.R. § 11.35(b).

iv

. The Inspire 1 UAS Remote Controller And Its Operation.

A complete description of the operation and specifications of the Inspire 1 UAS Remote

Controller and its s oftware is provided at pages 24 through 33 of the Inspire 1 User Manual

. The

Inspire 1 UAS is compliant with all Federal Communications Commission (FCC) r equirements,

and the radio frequency spectrum used for operation and control of the UA is set forth at page 58

of the Inspire 1 User Manual. A copy of the Inspire 1 User Manual , which contains proprietary

information, is attached hereto as Exhibit A , and is to be held in a separate file pursuant to 14

C.F.R. § 11.35(b)

.

b

. Flight Operations Of The Inspire 1 UAS Are Limited To The Line Of Sight Of A Certificated Pilot i n Command With A Safety Observer.

RS&H will only utilize certificated p ilot s who possess a current and v alid FAA issued

ai rman m edical c ertificate or valid U.S. issued driver’s license to act as a pilot in command (PIC)27

of the Inspire 1 UAS. Additionally, a safety observer will assist all pilots during flight

operations.

c
. Flight s Of Inspire 1 UAS Will B e Conducted Pursuant To S pec ific

Operating L imitations.

In seeking this exemption, RS&H proposes to commercially operate the Inspire 1 UAS

for the special purpose of conducting aerial acquisitions within the NAS

, pursuant to the

following specific operating limitations:

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 Unmanned Aircraft System when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. Operations for the purpose of clo sed

- 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 restriction. 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 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

.

6 . All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLO S 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 permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must also ensure 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 operating28

documents must be accessible during UAS operations and made available to the Administrator upon request. If a disc repancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures a s outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upo n request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that a n y update or revision would affect the basis upon which the FAA granted this exe mption, then the operator must 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.

8

. Any UAS that has undergone main tenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional flight test prior to conducting further operations 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 functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons or property.

9

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

1 0

. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight

. The pre

- flight inspection must account for al l 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 t he UAS is found to be in a condition for safe flight.

1 1 . The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components

.

1 2

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

.

1 3

. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 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 by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an air craft in which the PIC is rated on his or her pilot certificate.29

1 4

. The operator 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 this exemp tion, including evasive and emergency maneuvers and maintaining appro priate distances from persons, vessels, vehicles 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 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 this exemption are permitted under the terms of this 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 nonparticipant s in accordance with 14 CFR § 91.119.

1 5 . UAS operations may not be conducted during 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) are not authorized.

16 . The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted on a current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on th e 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 airport management must be made available t o the Administrator or any law enforcement official upon request

.

1 7 . 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 UA lose s communications or loses its GPS signal, the UA must return to a pre

determined location within the private or controlled

- access property.

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

.

20 . The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power for the UA to conduct the intend ed operation and to operate after that for at least five minutes or within the reserve power recommended by the manufact urer if greater

.

21

. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA) . All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct ope rations that cannot be conducted under the terms of the attached COA.

2 2 . All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C

. F

. R

. part 47, and have identification (N

-30

Number) mark ings in accordance with 14 C

. F

. R

. part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§91.9 and 91.203 must be availa ble 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 way to all manned a viation 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 structu res unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator 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 UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and

,

b. The owner/controller of an y vessels, vehicles or structures 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 e ssential persons are not considered nonparticipating persons under this exemption.

27 . All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permissio n from the land 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 Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

If this exemption p ermits closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.31

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemptio n.

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 over the area of proposed filming. The 3

- day n otification may be waived with 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 responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N

- Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county , and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operation may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

2. Reasons Why An Exemption From The Requirem ents Of Sections 61.23 (a) & (c) Would Not Adversely Affect Safety.

RS&H submits that an equivalent level of safety es tablished by Sections 61.23(a) & (c)

will be maintained because no PIC will be allowed to operate the Inspire 1 UAS unless that PIC

hold s either a valid FAA

- issued medical certificate or a valid U.S. issued driver’s license.

Additionally, no PIC will be allowed to operate the Inspire 1 UAS unless that PIC has

demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able

to safely operate the Inspire 1 UAS in a manner consistent with the exemption, including evasive

and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles,

and structures.32

Considering RS&H ’s proposed area of operations, the relatively small size of the Inspire

1 UAS, and the operating limitations set forth in this Petition, as well as the parallel nature of

sport pilot, recreational pilot, and private pilot medical requirements, relating to the proposed

opera tions, RS&H submits the additional requirements of at least a third

- class airman medical

certificate would not correlate to RS&H ’s proposed operations.

The Inspire 1 has been the subject of a previous Grant of Exemption from Sections

61.23(a) & (c) (Exemp tion No. 11224). Additionally, the FAA has previously granted relief

from Sections 61.23(a) & (c) specific to UAS, in circumstances similar, in all material respects,

to those presented herein (e.g. Exemption Nos. 11213, 11221, 11222, 11223, 11224, 11225,

11226, 11227, 11228, 11229, 11230, 11237, 11238, 11239, 11240, 11241).

3

. Reasons Why An Exemption From The Requirements Of Section s 61.101(e)(4) & (e)(5), 61.113(a), and 61.315(a) Would Not Adversely Affect Safety.

RS&H submits that an equiv alent level of safety established by Section s 61.101(e)(4) &

(e)(5), 61.113(a), and 61.315(a ) will be maintained because no PIC will be allowed to operate t he

Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency

requi rements, that the PIC is able to safely operate the Inspire 1 UAS in a manner consistent with

th e exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles

, and structures.

Considering RS&H ’ s proposed area of operations, and the operating limitations set forth

above; the parallel nature of sport pilot, recreational pilot, and private pilot aeronautical

knowledge requirements

, with respect to the proposed oper ations, to those of comme rcial pilot

requirements ( See Exemption No s . 11062 and 11213 ); and the airmanship skills necessary to

safely operate the Inspire 1 UAS, RS&H submits that the additional manned airmanship33

experience of a commercially certificated pilot would n ot correlate to the airmanship skills

necessary for RS&H ’ s specific proposed flight operations.

The Inspire 1 has been the subject of previous Grant s of Exemption from Section s

61.101(e)(4) & (e)(5) (Exemption No. 11224), Section 61. 61.113(a) (E xemption No s . 11204 and

11224 ) , and Section 61.315(a) (Exemption No. 11224)

. The F AA has previously granted relief

from Sections 61.101(e)(4) & (e)(5) and 61.315(a) specific to UAS, in circumstances similar, in

all material respects, to those presented he rein (e.g. Exemption Nos. 11213, 11221, 11222,

11223, 11224, 11225, 11226, 11227, 11228, 11229, 11230, 11237, 11238, 11239, 11240,

11241). Additionally, t he FAA has previously granted relief from Section 61.113(a) specific to

UAS, in circumstances similar , in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150,

11153 , 11156, 11158, 11159, 11160, 11161

, 11170, 11171, 11172 , 11174, 11176, 11177, 11178,

11184, 11185, 11188 , 11189, 11191, 11192, 11193

, 11194, 11195 , 11204, 11206, 11208, 11209

,

11213, 11215, 11216, 11217, 11218, 11220, 11221, 11222, 11223, 11224, 11225, 11226, 11227,

11228, 11229, 11230, 11237, 11238, 11239, 11240, 11241 ).

RS&H w ill not allow any PIC to operate the Inspire 1 UAS unless that PIC has

demonstrated , by meeting minimum flight

- hour requirements or the Inspire 1 UAS training and

currency requirements, that the PIC is able to safely op erate the Inspire 1 UAS in a manner

consistent with this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, ve ssels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS pilot ( with a minimum of 5 hours of those

hours as a UAS pilot operating the same make and model of UAS to be used for operations under34

the exemption ). In addition to the hour r equirements, the PIC must accomplish 3 take

- offs and

landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062

, 11138, and 11153

, prior documented flight experience that

was obtained in compliance with applicable regulations wi ll ensure an equivalent level of safety

during RS&H ’ s proposed operations. The Administrator has held that prior documented flight

experience that was obtained in compliance with applicable regulations would ensure safe

operations , stating as fo llows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same mak e and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor tim e and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 take

- offs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the f light

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct RS&H ’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in complianc e with applicable regulations would satisfy this requirement. Training, proficiency, and experience

building flights can also be conducted under the grant of exemption to ac complish the required flight time. During training, proficiency, and experience

- bui lding flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, RS&H will ensure safe operations by not allow ing any P IC to operate the

Inspire 1 UAS unless that PIC has demonstrated

, by meeting minimum flight

- hour and currency

requirements

, that the PIC is able to safely operate the Inspire 1 UAS in a manner consistent with

the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.35

4

. Reasons Why An Exemption Fr om The Requ irements Of Section 91. 7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91. 7(a) will be maintained because

prior to every flight, RS&H will ensure that the Inspire 1 UAS is in an airworthy condition based

up on the Inspire 1 UAS’s compliance with its relevant operating documents ( i.e., Inspire 1 User

Manual , Inspire 1 Quick Start Guide, Inspire 1 1345 Propeller Locks Quick Start Guide, Insp ire

1 Intelligent Flight Battery Safety Guidelines, Inspire 1 Safety Guidelines, and Inspire 1

Maintenance Manual ) , and as stated in the conditions and limitations herein

.
The Inspire 1 has been the su bject of a previous Grant s of Exemption from Section

91.7 (a) (Exemption No s . 11204 and 11224 ). Additionally, t he FAA has previously granted relief

from Section 91. 7(a) specific to UAS, in circumstances similar, in all material respects, to those

presented herein (e. g. Exemption Nos. 11109, 11110, 11136, 11138 , 11150, 11153

, 11156,

11157, 11158, 11159, 11160, 11161, 11166

, 11167, 11170, 11171, 11172 , 11174, 11177, 11178,

11184, 11185, 11188

, 11189, 11191, 11192, 11193

, 11194, 11195 , 11204, 11206, 11208, 11209

,

11213, 11215, 11216, 11217, 11218, 11220, 11221, 11222, 11223, 11224, 11225, 11226, 11227,

11228, 11229, 11230, 11237, 11238, 11239, 11240, 11241 ).

5

. Reasons Why An Exemption From The Requirements Of Section 9 1.119(c) Would Not Adversely Affect Sa fety.

The equivalent level of safety established by Section 91.1 19(c) will be maintained

because in any operation to be conducted closer than 500 feet from any nonparticipating persons,

barriers or structures will be present to sufficiently protect any n onparticipating perso ns from

debris in the event of an accident during operation of the Inspire 1 UA, which weighs less than

eight (8) pounds and will be operated below an altitude of 400 feet AGL. The nonparticipating

persons will be required to remain in the area of protection

, and i f any nonparticipating person36

leaves the area of protection and is within 500 feet of the Inspire 1 UA, flight operations w ill

cease immediately.

Additionally, any operation to be conducted closer than 500 feet from persons, vessels,

vehicles, and structures would first require the permission of the land owner/controller and a

safety assessment of the risk of operating closer to those objects by the PIC.

The Inspire 1 has been the subject of a previous Grant s of Exemption from Section

91.119(c) (Exemption No s . 11204 and 11224 ). Additionally, t he FAA has previously granted

relief from Section 91. 119(c ) specific to UAS, in circumstances similar, in all material respects,

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 1 1065, 11066, 11067,

11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158,

11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184,

11185, 11188, 11189, 11191, 11192, 11193, 11194, 11195 , 11204, 11206, 11208, 11209

, 11213,

11215, 11216, 11217, 11218, 11220, 11221, 11222, 11223, 11224, 11225, 11226, 11227, 11228,

11229, 11230, 11237, 11238, 11239, 11240, 11241 ).

6

. Reasons Why An Exemption Fr om The Requirements Of Section 91. 121 Would No t Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because

the altitude of the Inspire 1 UA will be reported to air traffic control (ATC) in feet abov e ground

level (AGL), and RS&H will operate the Inspire 1 UA within visual line of sight, at or below 4 00

feet AGL. Furthermore, the altitude information of the Inspire 1 UA will be provided to the PIC

via a barometric pressure sensor , GPS equipm ent

, a Visual Positioning System using ultrasonic

and image data

, and a radio communications telemetry data link, which downlinks from the UA

to the Remote Controller for active monitoring of the flight path and altitude

. Prior to each

flight, a zero altitude initiation point is automatically establish ed by the UAS at ground level.37

The In spire 1 has been the subject of a previous Grant of Exemption from Section 91. 121

(Exemption No. 11204). Additionally, t he FAA has previously granted relief from Section

91.121 specific to UAS, in circumstances similar, in all material respects, to those presented

herein (e.g. Exemption Nos. 11062, 11063 , 11064, 11065, 11066, 11067, 11080, 11109

, 11136,

11138 , 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161 , 11166

, 11167, 11170, 11171

,

11174, 11176, 11177, 11178, 11184, 11185, 1 1188

, 11189, 11191, 11192, 11193

, 11194, 11195

,

11204, 11206, 11208, 11209

, 11213, 11215, 11216, 11217, 11218, 11220, 11221, 11222, 11223,

11224, 11225, 11226, 11227, 11228, 11229, 11230, 11237, 11238, 11239, 11240, 11241 ).

7

. Reasons Why An Exemption F rom The Requirements Of Section 91.151( a ) (1) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equiv a lent level of safety established by 14

C.F.R. Sect ion 91.151( a ) (1) as a result of (1) the technical specifications of the Inspire 1 UAS ;

(2) the limitations on the proposed flight operations ; and (3) the location of the proposed flight

operations

. Accordingly, RS&H will ensure that it will safely operate the battery powered Inspire

1 UA during daylight hours in visual metrological conditions (VMC) under visual flight rules

(VFR)

, with enough battery power for the Inspire 1 UA to fly for a total duration of 1 3 minutes

to the first point of in tended landing and, assuming normal cruising speed, to fly after that for at

least f ive (5) minutes (i.e., approximately 30 percent battery power remaining )

In addition to the level of safety established by the technical specifications of the UAS;

the lim itations on the proposed flight operations; and the location of the proposed operations, the

Inspire 1 UAS provides audible and visual warnings to the PIC at the Remote Controller when

the UA has low battery power remaining. Together these factors will en sure an equivalent level

of safety established by 14 C.F.R. Section 91.151( a ) (1)

.38

P revious exemptions granted by the FAA concerning Section 91.151

, establish that safety

is not adversely affected when the technical characteristics and operating limitation s of the UAS

are considered. Relief has also been granted for manned aircraft to operate at less than the

minimums prescribed in Section 91.151 , including Exemption Nos. 2689, 5745, and 10650.

The Inspire 1 has been the subject of a previous Grant s of E xemption from Section

91. 151 (a)(1) (Exemption No s . 11204 and 11224 ). Additionally, the FAA has previously granted

relief from Section 91.151 (a)(1) specific to UAS

, in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 88 11, 10808, 10673 , 11042, 11062,

11063, 11064, 11065, 11066, 11067, 11080

, 11109

, 11110

, 11112, 11136, 11138 , 11150, 11153

,

11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167 , 11170 , 11171, 11172 , 11174, 11176,

11177, 11178, 11184, 11185, 11188

, 11189, 11191, 11192, 11193

, 11194, 11195 , 11204, 11206,

11208, 11209

, 11213, 11215, 11216, 11217, 11218, 11220, 11221, 11222, 11223, 11224, 11225,

11226, 11227, 11228, 11229, 11230, 11237, 11238, 11239, 11240, 11241 ).

8

. Reasons Why An Exemption From Th e Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, RS&H submits that the equivalent level of safety with regard

to the regula tory maintenance and alteration requirements established by Sections 91.405(a),

91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b) will be met because a ll maintenance,

alterations, and preventive maintenance of the Inspire 1 UAS perfor med by RS&H will be in

accordance with the methods, techniques, and practices prescribed in the operating documents

(i.e., Inspire 1 User Manual, Inspire 1 Quick Start Guide, Inspire 1 1345 Propeller Locks Quick

Start Guide, Inspire 1 Intelligent Flight Battery Safety Guidelines, Inspire 1 Safety Guidelines,

and Inspire 1 Maintenance Manual ). Furthermore, only the Original Equipment Manufacturer39

(OEM) or qualified OEM maintainers will perform higher level inspections and maintenance per

the operating documents and OEM standards. RS&H will document and main tain all

maintenance records for the Inspire 1 UAS.

Since the Inspire 1 UAS will be inspected as prescribed by t he operating documents,

RS&H will maintain the equivalent level of safety established by Secti ons 91.405(a),

91.409(a)(1)

, and 91.409(a)(2)

. The following operating documents are attached hereto,

identified as the following Exhibits: (A ) The Inspire 1 User Manual; (B) The Inspire 1 Quick

Start Guide; (C) The Inspire 1 1345 Propeller Locks Quick Start Guide; (D) The Inspire 1

Intelligent Flight Battery Safety Guidelines; (E) The Ins pire 1 Safety Guidelines; and (F) The

Inspire 1 Maintenance Manual

. The foregoing exhibits contain proprietary information and are

to be held in a separate file p ursuant to 14 C.F.R. § 11.35(b).

Likewise, the exemption sought will not adversely affect safety because a ll maintenance,

alterations, or prev entive maintenance of the Inspire 1 UAS will be performed by RS&H in

accordance with the methods, techniques, and practices prescribed in the operating documents

.

O nly the Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform

higher level inspections and maintenance per the operating documents and OEM standards.

RS&H will document and maintain all maintenance records for the Inspire 1 UAS.

Furthermore, a n equivalent level o f safety established by Sections 91.407 (a)(1)

,

91.417(a)

, and 91.417(b) will be maintained because RS&H will document and maintain all of

the maintenance r ecords for the Inspire 1 UAS

.
The Inspire 1 has been the subject of a previous Grant s of Exemption from Section s

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) (Exemption No s . 11204 and

11224 ). Additionally, p re vious exemptions granted by the FAA concerning these Sections40

establish that safety is not adversely affected when the technical characteristics and operating

limitations of the UAS are considered (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,

110 67, 11080

, 11109, 11110, 11112

, 11136, 11138 , 11150, 11153, 11156, 11157, 11158, 11159,

11160, 11161, 11166, 11167, 11170, 11171, 11172 , 11174, 11176, 11177, 11178, 11184, 11185,

11188

, 11189, 11191, 11192, 11193

, 11194, 11195 , 11204, 11206, 11208, 11209

, 11213, 11215,

11216, 11217, 11218, 11220, 11221, 11222, 11223, 11224, 11225, 11226, 11227, 11228, 11229,

11230, 11237, 11238, 11239, 11240, 11241 ).

9

. T he FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Sec tion 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, RS&H requests that the FAA

prescribe special conditions for the intended operation of the Inspire 1 UAS , which contain such

safety standards that the Administrator finds necessary to establish a level of safety equivalent to

that established by 14 C.F.R. Part 21, Subpart H

, and 14 C.F.R

. §§ 61.23(a) & (c), 61.101(e)(4)

& (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a) (2), AND 91.417(a) & (b) . Such special conditions will permit safe operation

of the UA for the limited purpose of conducting aerial acquisitions within the NAS for

compensation or hire

. FMRA Sec tion 333 sets f orth the requirem ents for considering whether a

UAS will create a hazard to users of the NAS or the public

, or otherwise pose a threat to national

security; and further, provides the authority for such UAS to operate without airworthiness

certification in accordance with any requirements that must be established for the safe operation

of the UAS in the NAS

.

Likewise , the Administrator may prescribe special conditions pursuant to 14 C.F.R.41

§ 21.16

, for operation of the Inspire 1 UAS

, since the airworthiness regulations of 14 C.F.R. Part

21 do not contain adequate o r appropriate safety standards

, due to the novel or unusual design

features of the aircraft . Section 21.16, entitled Special Conditions , states the following:

If the FA A finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessa ry to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16

.

Therefore, in accordance with FMRA Sec tion 333 and 14 C.F.R. § 21.16 , the FAA may

prescribe special conditions for RS&H ’s intende d operation of the Inspire 1 UAS , which contain

such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H

, and 14 C.F.R Sections 61.23 (a) &

(c), 61.101(e)(4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b)

.

F. A S ummary That C an Be P ublish ed In T he Federal Register, stating: The Rules From Whic h RS&H, Inc. Seeks Exemption:

RS&H , Inc

. seeks exemption from the requirements of 14 C.F.R

. Sections 61.23(a) & (c), 61.101(e)(4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a) , 91.407 (a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

.
A Brief Description Of The Nature Of The Exemption RS&H, Inc. Seeks:

This exemption will permit RS&H , Inc

. to commercially operate an Unmanned Aircr aft System (UAS) for the purpose of conducting aerial acquisitions within the National Airspace System (NAS)

.

G. Any Additional Information, Views, Or Arguments Available To Support RS&H , Inc.’s Request.

This Petition is made p ursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS42

may operate safely in the NAS

. As such

, RS&H ’ s request for exemption may be granted

pursuant to the authority of FMRA Sec tion 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the require ments for considering whether a UAS will create

a hazard to users of the NAS or the public

, or otherwise pose a threat to national security; and

further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above

, RS&H will operate the Inspi re 1 UAS safely in the NAS

,
without creating a hazard to users of the NAS

, or the public

, or otherwise pose a threat to

national security

.

CONCLUSION

As set forth herein

, RS&H, Inc. seeks an exemption pursuan t to 14 C.F.R. § 11.61 and

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

, which will permit safe

operation of the Inspire 1 UAS commercially

, without an airworthiness certificate

, for the limited

purpose of con ducting aerial acquisitions within the National Airspace System ( NAS )

. By

granting this Petition, the FAA Administrator will be fulfill ing the Congressional mandate of the

FAA Modernization and Reform Act of 20 12, while also advancing the interests of the public

, by

allowing RS&H, Inc. to safely, efficiently, and economically operate the Inspire 1 UAS

commercially with in the NAS

.

WHEREFORE , in accordance with the Federa l Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, RS&H, Inc. respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections

61.23(a) & (c), 6 1.101(e)(4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121,

91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

, and permit43

RS&H, Inc. to operate the DJI Inspire 1 UAS commerc ially for the purpose of conducting aerial

acquisitions within the NAS

.

Dated: April 0 3 , 2015 Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

____________________________ Gregory S. Winton, Esq. 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 Fax: (866) 568

- 9886 Attorney for Petitioner

cc: James H. Williams , AFS

- 80 Robert Pappas Dean Griffith, Esq.