Infrared Services, LLC Page 

### 1 of 

### 10

October 2 3 , 2015

Raymond J. Crews
Infrared Services, LLC

4732 Thornhill Ave
Shreveport, LA 71106

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Submitted Electronically via the Federal Docket Manag ement System (FDMS)

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Reviewer
,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Infrared Services, LLC ( IFRS ) is seek ing exemption from Federal Aviation Regulations ( FARs ) detailed within for the following Unmanned Aerial Systems ( UAS s ) : the DJI Phantom 2 , the DJI Phantom 3, the DJI Inspire 1, the senseFly eBee, and the senseFly eXom

.



## REGARDING THE UNMANNED AIRCRAFT SYSTEM S

1. The user’s manual for each proposed UAS for which an exemption is sought is attached to this request. These manuals describe the specifications and limi tations of each UAS and its operation

. 2. Methods to ensure a UAS is in a condition for safe flight are also described in the afore

mentioned user’s manual s. 3. Each UAS includes an FCC

- approved 2.4GHz on

- board radio transmitter/receiver. Additionally,

a n FCC

- approved 5.8GHz on

- board radio transmitter/receiver is inc luded with each DJI system

.Infrared Services, LLC Page 

### 2 of 

### 10



## REGARDING THE UNMANNED AIRCRAFT P ILOT IN COMMAND (PIC)

4. For the senseFly eBee, the UAS PIC will have logged a minimum of 10 flight cycles and 3 hours of total time as a UAS pilot with that aircraft. For quad cop ters, the UAS PIC will have accumulated 30 cycles and have logged at least 10 hours as a UAS pilot with quad copters. The UAS PIC will have logged a minimum of one hour of flight time with the specific make and model of the UAS to be utilized for operation s und er the exemption and three take offs and landings in the preceding 90 days in the same make and model

. The UAS PIC will have successfully completed any qualification process specified in the applicable user’s manual

. 5. For commercial operations the PIC will be required to possess a t least a private pilot certificate
, excepting training

- only missions, which will require at least a sport pilot certificate . A valid driver’s license will serve as proof of medical qualification.



## REGARDING THE OPERATION OF THE UNMANNED A IRCRAFT (UA)

6. For each of the applications mentioned in the section titled “SERVICES (FOR THE PUBLIC GOOD)”, lateral and vertical geo

- fences will be identified to contain the UA within the minimum necessary geometry to accomplish the mission. Lost

- communic ation capabilities identified in
the applicable user’s manual will be enabled and utilized to include any automatic return

- to

home function . Every mission will utilize risk management principles. Safety equipment including a transponder receiver and avia tion band scanner/transceiver will be available and
used when warranted

. 7. Prescribed cloud clearances and visibility requirements will apply.
8. Routine operations over densely populated areas will not be conducted.
9. Before operating in the proximity of any air port, a letter of agreement will be secured from the airport management and the same will be in the possession of the PIC during flight

. All conditions of the agreement will be satisfied.
10. Each operation will maintain Visual Line of Sight ( VLOS ) . One or m ore Visual Observer ( VO ) will be utilized depending on the size of the area of interest, the maximum distance of the UA from
the PIC , and any other variables the PIC deems relevant

. 11. A p reflight risk assessment will be performed in accordance with the appli cable UAS user’s
manual

. As part of the risk assessment , the PIC will check the intended flight area and the effect of any Terminal Flight Restrictions ( TFRs )

, Special Use Airspace ( SUA ) , weather, and obstructions.
12. Operations that necessitate Flight Stand ards District Office ( FSDO ) pre

- coordination are not anticipated , but will be conducted in accordance with the applicable Certificate of Waiv er or Authorization ( COA )

. 13. A COA will be requested for operations that fall outside of the parameters of the “blanket” COA.Infrared Services, LLC Page 

### 3 of 

### 10



## THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED :

14 CFR PART SUMMARY OF R EGULATION EQUIV ALENT LEVEL OF SAFETY Part 21 Airworthiness Cer tification
21
, Subpart H C ertification proced ures for products

and parts, Air worthiness c ertificates Page 6

Part 45 Identification and Registrati on Marking
45. 2 2 Identifica tion and regis tration marking Page 6 Pa rt 61 C ertification : P ilots , F light Instruc tors , and G round I nstructors 61.23 Medical certificates: Requirement and

duration Page 6

61.133 Commercial pilot privileges and

limitations P age 7

Part 91 General Operating and Flight Rules
91.105 Flight crewmembers at s t ations Page 7 91.109 Fli ght instruction Page 7 91.119 Minimum s afe altitudes Page 7 91.121 Altimeter settings Page 8 91.15 1 Fuel requirements for flight s in VFR

conditions Page 8

91.40 3 Maintenance, p reventive m aintenance,

and a lterations Page 9

91.405 Mai ntenance requir ed Page 9 91.407 Operati on after maintenance Page 9 91 .409 Inspe ctions Page 9 91 .411 Altimeter system and altitude reporting

equipment tests and inspections Page 9

91.41 7 Main tenance records Page 9Infrared Services, LLC Page 

### 4 of 

### 10



## FURTHER DETAILS:

THE UNMANNED AIRCRAFT (UA ):

 DJI Phantom 2: un der 3lb. gross weight, battery

- operated quad copter

 DJI Phantom 3: und er 3lb. gross weight, battery

- operated quadcopter

 DJI Inspire 1 : un der 7lb. gross weight, battery

- operated quadcopter

 senseFly eXom: under 4lb. gross weight , battery

- operated quadcopter

 senseFly eBee : under 2lb. gross wei ght , batter y

- operated, single

- engine fixed

- wing that is hand

launched and belly lands

EACH INCLUDES:

 An on board flight computer with GPS navigation and location ability that receives signals for flight controls from a g round

- based transmitter/controller;

 An on board camera capable of capturing imagery in the form of full color, high definition still photos (with video capability included for each quad copter)

 An on board telemetry system that d elivers flight data from the o n board flight computer to
the o n board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site

 A n FCC

- approved 2.4GHz onboard radio transmitter/receiver

THE senseFly eXom AN D eBee ALSO INCLUDE:

 A fully autonomous mode that allows each to accomplish a mission without any intervention from the operator, although this mode can be overridden at any time

THE DJI QUAD COPTERS ALSO INCLUDE:

 A n FCC

- approved 5.8GHz on

- board radio trans mitter /receiver



### THE GROUND STA TION

- BASED PART OF THE SYSTEM:

 A Pilot in Command (PIC) who is in operational control of a mission from beginning to end,
and controls the UA while in the air

 A FCC

- approved radio transmitter/controller operated by the PIC to control the UA while in flight and relay telemetry

 (For the quad copters) Ground system which receives and displays video in real time from
the UA

 A Visual Observer (VO)

- A person who provides a second pair of eyes to visual ly track the UA while in flightInfrared Services, LLC Page 

### 5 of 

### 10



## SERVICES (FOR THE PUBLIC GOOD) The requested exemption would support an application for a commercial C OA to use each UA described
above t o support aerial mapping (photogrammetry), aerial photography, and video documentation for the public good. Typical uses would include, but are not limited to:

 Agricultural monitoring

 Mapping construction projects

 M apping for land development and/ or real estate purposes

 Mapping for environmental mitigation projects

 Mapping for transportation related projects

 Mapping for utilities

 Construction monitoring

 Real estate photography

 Inspection of infrastructure

The inherent ability of UA to capture imagery from a low altitude
, including oblique photos and video from several angles
, is far more effective than ground

- based image ry for displaying the characteristics of large, complex properties or areas where change moni toring is needed. In the past, chartered fixed

wing aircraft and helicopters have been used for this purpose, which has proven costly. The benefits of
reduced co st and improved quality of presentation from the UA will be valuable to and benefit
operators, buyers
, and sellers of real property.



## SAFETY (FOR THE PUBLIC GOOD)

UA are powered by batteries. They are smaller, lighter
, and more maneuverable than larger air cr aft running on combustible fuel. T hey op erate at lower altitudes and without occupants

– thereby reducing
risk and enhancing public safety. With a small payload and maximu m flight time of approximately 5 0 minutes, UA offer little risk to national secur ity. In addition
, the DJI UA have their own built

- in flight restrictions in special areas such as airports. More information can be found in the UA user’s manual or

on DJI’s website at https://www.dji.com/fly

- sa fe

. The senseFly eBee and eXom include working area radius and ceiling limits to prevent incursions into adjacent airspace.

W ith the combination of the UA's light weight, flight performance and ability, fully qualified flight crew
, and strict operation u nder the guidelines presented
, the FAA can have full confidence that the operation will have an equivalent or greater level of safety than manned aircraft performing the same mission.Infrared Services, LLC Page 

### 6 of 

### 10



## SUMMARY GRANT REQUEST This request follows many others using similar sy stems and process es that have been granted previously. This request would not set a precedent and is compatible with a Summary Grant of Exemption

. All included UA have previously received Summary Grants under one or both of the following exemption author izations:

1. Exemption No. 11481

– Mr. Lon Santis,
2. Exemption No. 113 6 3 (with Amendment)

- D avid Ho, and
3. Exemption No. 11263 (with Amendment)

- Mr. Jean

- Christophe Zufferey

These exemptions cite similarity with relief previously requested in Grant of Ex emption Nos. 11062, 11109, 11112, and 11213

.



## EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

14 CF R Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203 Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21 , Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the subject UAs, their very light weight and the limited operating ar ea associated with their utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of s afety under Part 11 and Section
333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. An analysis of these different cri teria demonstrates that the UAs , under the conditions proposed in th is applic ation , wi ll be at least as safe, or safer, than a conventional aircraft with an
airworthiness certificate.



### 14 CFR § 45.2 2(d) : Identification and r egistration m a rking : Exhibition, antique, and other aircraft : Special rules
The size a nd perf ormance limitations o f the prop osed UAs make i t infeasible to ma rk them in a v isually signifi cant manner. It is proposed that the manufacture r ’ s s erial num ber serve a s su fficient
identific ation
, since that number is associated with the registr ation.



### 14 CFR § 61.23: Medical certificates: Requirement and duration Regulations provide that a person:

(1) Must hold a first

- class medical certificate:Infrared Services, LLC Page 

### 7 of 

### 10

 When exercising the pilot

- in

- command privileges of an airline transport pilot certificate;

 When exercising the second

- in

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

 When serving as a required pilot flight crewmember in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

 Second

- in

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

 Privileges of a commercial pilot certificate

Given the size of the UAs, their structure, the limited flight area, and the safety features integrated in the autopilot, an Equivalent Level of Safety can be reached if the operator has a valid driver’s license.



### 14 CFR § 61. 13 3: Commercial pilot privileges and limitations A person who holds a commercial pilot certificat e may act as pilot in command of an aircraft

—

 F or compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.

T h e limitations g iven the size, construction, and performance of the UAs pro posed
, p rovide a level of

sa fety that should allo w commercial op erations with a pri vate pilot certificate

. 

### 14 CFR § 91.10 5 (a): Flight c rewmem bers at stations
Because the aircraft are unmanned, this requirem e nt is not appl icable.


### 14 CFR § 91.109(a): Flight Instruction The regulation provides that "No person may operate a civil aircraft that is being used for fl ight instruction unless that aircraft has fully functioning dual controls."

Flight instruction will be accomplished through an elaborate training program w hich includes a simulation mode of the flight management software. The equivalent level of safety du ring the in

- flight training will be achieved by the manufacturer or affiliate providing the training as described in the training program and through the use of experienced and qualified instructors familiar with the UA.



### 14 CFR § 91.119: Minimum s afe a ltit udes The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the UAs will be operating at a maximum of 400 feet AGL, this requ irement cannot be met . The equivalent level of safety will be achieved by virtue of the extremely small size of UA in comparison with manned aircraft, the smaller area required for maneuvers, and the limitations inherent in the UA such as available flight time. Proced urally, the PIC will define, before every flight, a working area radius and a flight a rea ceiling . The small size of UAs, materials included in their construction, specific safety procedures ( including ground detection), and theInfrared Services, LLC Page 

### 8 of 

### 10

hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption.



### 14 CFR § 91.121: Altimeter settings This section requires that each person oper ating 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 below 18,000 feet MSL to:

The current reported altimeter setting of a station along the ro ute and within 100 nautical miles of the aircraft;

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

 In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the UA’s autopilot calculates the reference altitude (ground level) with the on

- board GPS during the pre

- flight tests. This effective ly negates the need for barometri c data

. 

### 14 CFR § 91.151(a): Fuel r equirements for f light in VFR c onditions The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30
minutes.

Since UA r e quire very l ittle time to set up and execute a l anding and can make a safe landi n g in almost

any area, an equivalent level of safety is achieved with a limitation preventing the UA from accepting a
take

- off order when th e battery level is be low the manufacturer ’ s pre

- programmed value.



### 14 CFR § 91.203 (a) & (b): Carrying c ivil a ircraft c ertification and r egistration This regul ation stipulates that :

 No person may operate a civil aircraft unless it has an appropriate and current airworthiness
certificate.

 No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

To obtain an equivalent level of safety and meet the intent of § 91.203, documents deemed appropriate
for this aircr aft by the FAA will be co

- located with the PIC at the ground control station in the transport box and available for inspection upon request.Infrared Services, LLC Page 

### 9 of 

### 10



### 14 CFR Subpart E ( § 91.40 3

- 91.417): Maintenance, p reventive m aintenance, and a lterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require the aircraft to be "approved for return to service by a person authorized und er 43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness
certificate. Section 91.417 requires the owner or operator to keep records showing certain maintenance work that has been accomplis hed by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

Maintenance of the UAs will be accomplished by the owner or the operator according to the UA user’s manual. An equivalent level of safety will be achieved because the UAs are small in size, not complex mechanical devices, and do not carry any external payload. Moreover, the operator is the person most
familiar with the aircraft and is best suited to maintain the aircraft in an ai rworthy condition and to ensure an equivalent level of safety. Finally, before every flight, the UAs automatically run a sequence of pre

- flight tests to make sure that every sensor and every critical part is operating properly. If a problem is detected, the UAs will not be able to execut e a takeoff a nd a message error will be displayed. The owner or the operator can then refer to the user’s manual to troubleshoot this issue.



## Closing The request ed exem ptions are consis tent with previous ly authorized summar y grants of exemption and
would allow the use of UA s in a wide var iety of applications with an equivalent , or better , level of safety
than curr ently available

. Many applicati ons, in fact, are infeasible with man ned aircraft either for cost

reason s, safety reasons, or both

. Grant ing this e xemption would f urther the goal of safe ly integrating
U As into the NAS to the benefit of all

.

Please contact me at any time if you require additional information or clarification. I look forward to working with your office.

Sincerely,

Raymond J. Crews

Phone: 318

- 572

- 3084
Email: Raymond@IFRServices.com

The following documents have been included a nd are to be considered part of the request:

 User ’ s Man uals: 1. DJI P hantom 2 2. DJI Phantom 3Infrared Services, LLC Page 

### 10 of 

### 10 3. DJI Inspire 1 4. senseFly eBee 5. senseFly eXom

 Technic a l/ Performance Spec ifications 6. DJI Phantom 2 7. DJI Phantom 3 8. DJI In spire 1 9. senseFly eBe e 10. senseFly eXOM