September 17, 2015

Exemption No. 12898 Regulatory Docket No. FAA

− 20 15

− 2661

Mr. Christopher Ison The Ison Law Group Counsel for Image in Flight 2073 US Highway 92 West

, Suite 104
Winter Haven, FL 33881

Dear Mr. Ison :

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 June 3, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Image in Flight ( hereinafter petit ioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography, videography, and mapping

.

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

.2

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+ and DJI Inspire 1

.

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 requirem ents of part 36, is not necessary.

The Basis for Our Decision

You have 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

ad dition 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 rel ief 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 present; 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, Image in Flight 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,

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

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 conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Image in Flight 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 Phantom 2

Vision+ and DJI Inspire 1 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 exemption

.

2. Operations for the purpose of closed

- set motion picture and television fi lming 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 VLOS requirement as long as the PIC always maint ains 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 fo r 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 documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of4

exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and

limita tions 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 as outlined in its operating documents. The ope rator 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 upon request. The operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon 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 op eration or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st 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 and property.

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

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

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

- flight inspection must account for all potential discrepancies, e.g.

, inoperable comp onents, 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 Federal5

government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certifi cate.

14. 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 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 manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, p roficiency, 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 ma y only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distanc e 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 current 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 otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be ma de available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

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

20. The PIC is prohibited fro m 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 man ufacturer 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. The6

exemption holder may apply for a new or amended COA if it intends to conduct

o perations 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 identification (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 safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give 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 must be conducted at least 500 feet from all nonpartici pating 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 r emain 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 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 aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional 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 be7

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 additional conditions and limitations apply.

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

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standa rds 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 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 th e 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 certific ate 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 t o 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

essenti al 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 specifie d 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 September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

Enclosures1 June 3, 2015

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave., SE Washington, DC 20590

RE: Petition for Section 333 Exemp tion Under FAA Modernization and Reform Act of 2012

Petitioner : Image In Flight Petitioner’s UAS(s) Models : DJ I Phantom 2 Vision+; DJI Inspir e 1 Petitioner’s UAS(s) Operations : Aerial Photography; Aerial Vid eography; Aerial Mapping Services Regulations Requiring Exempti on : 14 CFR §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5) 14 C.F.R. § 61.113(a); 14 C.F.R. §61.315(a) 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c) 14 C.F.R. §91.121; 14 C.F.R. §91.151(a)(1) 14 C.F.R. §91.405(a); 14 C.F.R. §91.407(a)(1) 14 C.F.R. §§ 91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b)

To whom it may concern,

On behalf of Image In Flight (IIF), a Rancho Cordova, Californi a, company specializing in aerial photography, aerial vid eography, and aerial mapping s ervices through the use of Small Unmanned Aircraft Systems (sUAS ), the undersigned counsel for I IF hereby applies for Section 333 exemption pursuant to the FAA Modernization and Reform Act of 2012, Public Law 112-95 (P.L. 112-95), and 14 C.F.R. Part 11.2 The owner and operator of IIF, Thomas Michael Bartlett, holds a commercial pilot, rotorcraft-helicopte r rating, with over 185 flight hours in rot orcraft-helicopters. Consequently, Mr. Bartlett understands the importa nce of safe flight operations a nd is acutely aware of the importance of complying with all Federal Aviation Regulations (F.A.R.s). A s such, IIF, through the careful oversight and tutelage of Mr. Bartlett, will conduct all sUAS f light operations in the safest possible manner. To that end, IIF will comply with any flight operation or atmospheric condition limitations imposed upon the commercial operation of IIF’s sUAS models.

The following petition outlines IIF’s sUAS models – DJI Phantom 2 Vision+ and DJI Inspire 1 – for which IIF seeks exemption, IIF’s sUAS flight op erations and conditions, privacy concerns, public interest and safety concerns, and the above sp ecified F.A.R.s requiring exemption. Under Section 333(b)(1 ), IIF’s petition will give th e FAA good cause to issue a

Certificate Of Waiver or Authoriz ation (COA) by showing that th e size, weight, speed, operational capacity, proximity to airports and populated areas, and operat ions within the Visual Line of Sight

of the Pilot in Command and Visual Observer of IIF’s sUAS model s do not create a hazard to users of the National Airspace Syste m (NAS) or public or pose a threa t to national security.

IIF’s petition will prove that IIF’s flight operations and cond itions for commercial usage

of the DJI Phantom 2 Vision+ and DJI Inspire 1 for aerial photo graphy, videography and mapping services provides an equivalent level of safety when compared t o the F.A.R.s requiring exemption. To that end, the FAA has alread y granted Section 333 exemption to other commercial UAS operators with similar UAS make and models for similar commerci al flight operations in Exemption Numbers 11699, 11693, 11062, 11109, 11112, 11213, and 11656.

Please refer to the Table of Contents beginning on page three ( 3) to assist your review of IIF’s petition for S ection 333 exemption. If we may provide add itional insight or information regarding IIF’s petition, please do not hesitate to contact The Ison Law Group at 863-712-9475 or Christopher@thepilotlawyer.com.

Sincerely,

THE ISON LAW GROUP

Christ opher Ison, Esq.

Enclosures3 TABLE OF CONTENTS

I. Glossary of Terms ................................................................................4

II. Publishable Summary ................................................................................5

III. Petitioner’s Contact Information ..............................................................5

IV. Image In Flight Operations .......................................................................6

a. The sUAS(s) ................................................................................6

i. DJI Phantom 2 Vision+ .....................................................7

ii. DJI Inspire 1 .....................................................................10

b. Flight Conditions and Operating Procedures ..........................................11

V. Privacy .......................................................................................12

VI. Public Interest and Safety .....................................................................12

VII. Regulations from Which Exemption is Requested ..........................................13

a. 14 CFR §§ 61.23(a) and (c): Medical Certificates Requirement an d Duration ...............13

b. 14 C.F.R. §§ 61.101(e)(4) and (5): Recreational Pilot Privilege s and Limitations ...............13

c. 14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations : Pilot in Command ......13

d. 14 C.F.R. §61.315(a): What Are The Privileges and Limits of My Sport Pilot Certificate? ...................................................13

e. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness ...................................................14

f. 14 C.F.R. § 91.119(c): Mini mum Safe Altitude: General ..........................................14

g. 14 C.F.R. §91.121: Altimeter Settings ............................................................15

h. 14 C.F.R. §91.151(a)(1): Fuel Requirements For Flight In VFR Co nditions ...............15

i. 14 C.F.R. §91.405(a): Maintenance Required ...................................................15 j. 14 C.F.R. §91.407(a)(1): Operation After Maintenance,

k. Preventative Maintenance, R ebuilding, Or Alteration ...............................................15

l. 14 C.F.R. §§ 91.409(a)(1) and (2): Inspections ...................................................15

m. 14 C.F.R. 91.417(a) and (b): Maintenance Records ..........................................15

EXHIBIT LIST

Exhibit 1: DJI Phantom 2 Vis ion+ User Manual (52 pages) ..................... .....................16

Exhibit 2: DJI Phantom 2 Visi on+ Release Notes (7 pages) .................. ........................69

Exhibit 3: DJI Phantom 2 Vision+ Pilot Training Guide (12 pages ) ..................................76

Exhibit 4: DJI Inspire 1 User Manual (64 pages) ............................................. ......88

Exhibit 5: DJI Inspire 1 Re lease Notes (6 pages) .......................................... ........152

Exhibit 6: DJI Inspire 1 Maintenance Manual (2 pages) ........................... ..............157

Exhibit 7: DJI Inspire 1 Sa fety Guidelines (5 pages) .............................. ....................1604 GLOSSARY OF TERMS

Aircraft : any contrivance invented, use d, or designed to navigate, or f ly in, the air (Title 49, United States Code (49 USC) § 40102).

National Airspace System (NAS) : the common network of U.S. airs pace; air navigation facilitie s, equipment and services, airpor ts or landing areas; aeronautical charts, information and services; rules, regulations and procedur es, technical information, and m anpower and material.

Operational Control : with respect to a flight, means the exercise of authority ove r initiating, conducting or terminati ng a flight (14 CFR § 1.1).

Pilot in Command (PIC) : the person who has final authority and responsibility for the operation and safety of the flight; has been designated as PIC before or during the flight; and holds the appropriate category class and type-rating, if appropriate, for the conduct of the flight (14 CFR § 1.1).

Small Unmanned Aircraft System (sUAS) : an unmanned aircraft and associated elements, including communication links and the components that control t he unmanned aircraft, that are required for the pilot in command to operate safely and efficie ntly in the national airspace system (P.L. 112-95, Section 331), weighi ng less than 55 pounds, inclu ding payload.

UAS Certificate of Waiver or Authorization (COA) : an authorization issued by the Air Traffic Organization to an operator for a specific unmanned aircraft ac tivity.

Visual Line of Sight (VLOS) : unaided (corrective lenses and/or sunglasses excepted) visual contact between a pilot in command and an unmanned aircraft suf ficient to maintain safe operational control of the aircr aft, know its location, and be able to scan the airspace in which it is operating to see and avoid other air traffic or objects aloft o r on the ground.5 PUBLISHABLE SUMMARY

Pursuant to 14 C.F.R §11.81(f), should the FAA require a publis hable summary for the Federal Register , Image In Flight (IIF) submits the following information regar ding the rules from which IIF seeks exemption and a brief de scription of the nature of th e exemptions sought.

IIF seeks exemption from the fo llowing Federal Aviation Regulat ions (F.A.R.s):

14 CFR §§ 61.23(a) and (c); 14 C. F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 61.113(a); 14 C.F.R. §61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. §91.121; 14 C.F.R. §91.151(a)(1); 14 C.F.R. §91.405(a); 14 C.F.R. §91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b).

IIF seeks exemption from the above listed F.A.R.s for the purpo se of commercially operating Small Unmanned Aircraft Systems (sUAS), to wit: DJI Phantom 2 V ision+ and DJI Inspire 1. IIF will commercially operate these sUAS models to conduct aerial p hotography, aeria l videography, and aerial mapping services for website and social media outlet s within the United States of America. IIF seeks exemptions equivalent to exemptions that the FAA has already granted to other commercial UAS operators with similar UAS make and models for s imilar commercial flight operations in Exemption Numbers 11699, 11693, 11062, 11109, 111 12, 11213, and 11656. Under Section 333(b)(1) of the FAA Mode rnization and Reform Act of 20 12, IIF’s petition will give the FAA good cause to issue a Certific ate Of Authorization by showi ng that the size, weight, speed, operational capacity, proximity to airports and populated areas , and operations within the Visual Line of Sight of the Pilot in Co mmand and Visual Observer of II F’s sUAS models do not create a hazard to users of the National Airspace System (NAS) or public or pose a threat to national security. To that end, IIF seeks exemption from the specified F.A.R.s as IIF’s flight operations and conditions provide an equivale nt level of safety when compa red to the F.A.R.s to be exempted. IIF will adhere to any flight operation or atmospheric conditio n limitation imposed by the FAA.

PETITIONER’S CONTACT INFORMATION

Image In Flight

3997 Machias Place Rancho Cordova, CA 95742 Telephone: 916-599-8648

Owner: Thomas Bartlett

The Ison Law Group 2073 US Hwy 92 West, Suite 104 Winter Haven, FL 33881 Telephone: 863-712-9475

Email: Christopher@thepilotlawyer.com

Counsel for Petitioner6 IMAGE IN FLIGHT OPERATIONS

sUAS Models and Specifications

IIF’s requested exemption from the above specified F.A.R.s will allow for IIF’s use of the DJI Phantom 2 Vision+ and DJI Inspi re 1 for commercial operations p ertaining to aerial photography, aerial videography, and aerial mapping services within the Unit ed States of America. These sUAS models are either similar to, or the same as, sUAS models that the FAA has already granted exemption for similar commercial flight operations in Exemption Numbers 11699, 11693, 11062, 11109, 11112, 11213, and 11656.

The DJI Phantom 2 Vision+ and DJI Inspire 1 are quad-copter sUA S models, capable of providing hover flight in both the vertical and horizontal planes. As suc h, both sUAS models provide excellent maneuverability and ease of control for the PIC. The ease with which a PIC can control these sUAS models is evidenced by the fact that both sUAS model s are commercially available for RC hobbyists, requiring no tra ining or experience prior to flight.

Both the DJI Phantom 2 Vision+ and DJI Inspire 1 additionally p rovide excellent situational

awareness for the PIC. Both sUAS models allow the PIC to determ ine the exact altitude of the sUAS via GPS technology and monitoring. In addition, both sUAS models provide the PIC with the ability to monitor the available remaining battery life, al lowing the PIC to make informed, safe decisions regarding the durati on and continuatio n of a particul ar flight.

IIF’s primary objective with each commercial flight is the safe return of the sUAS without injury to property or person. Both the DJI Phantom 2 Vision+ and DJI I nspire 1 incorporate unique operating modes that provide for the safe return of the sUAS sh ould the PIC experience a loss of signal connectivity between the sUAS model’s transmitter and re ceiver. The DJI Inspire 1 incorporates three safe modes in such a situation: Failsafe, Re turn to Home, and Dynamic Home Point. Likewise, the DJI Phantom 2 Vision+ incorporates a fails afe function should the sUAS experience loss of signal connect ivity. Both models will guide the sUAS back to a predetermined, safe landing zone should the model experience issues. Please se e the User Manuals for both the

DJI Phantom 2 Vision+ and DJI Ins pire 1 for more information re garding these safe modes.

Given the nature of these particular sUAS models, IIF’s request ed exemption from various F.A.R.s will neither adversely affect the public’s safety nor create a hazard to users of the National Airspace System (NAS) or pose a threat to national security. Moreover, I IF’s use of these sUAS models for aerial photography, aerial video graphy, and aerial mapping serv ices, will replace the need for fixed winged or rotorcraft aircraft wit h regards to the se services.

By replacing fixed winged or rotorcraft aircraft with sUAS mode ls, the public will benefit in several ways. For example, the use of these sUAS models provide s significant reductions in the risk of injury to property or per son should the sUAS require an emergency landing. Both the DJI Phantom 2 Vision+ and DJI Inspire 1 are lightweight, powered by batteries, and carry no passengers. By comparison, fixed winged or rotorcraft aircraft, which weigh thousands of pounds, carry flammable fuels, and passengers, have been known to cause serious injury or death to passengers and bystanders during emergency landings. The use of these particular sUAS models7 for aerial photography, aerial v ideography, and aerial mapping services will substantially benefit the public from a safety standpoint.

Below are the specifications of each sUAS model.

DJI Phantom 2 Vision+

Aircraft Specifications: Supported Battery: DJI 5200mAh Li-Po Battery Weight (Battery & Prope llers included): 1242 grams Recommended Payload: ≤1300 grams Maximum Payload: 1350 grams Hovering Accuracy (Ready to Fly): Vertical: 0.8m; Horizontal: 2.5m Max Yaw Angular Velocity: 200 ֯ /second Max Tiltable Angle: 35 ֯ Max Ascent/Descent Speed: Ascent: 6 m/s; Descent: 2 m/s Max Flight Speed: 15 m/s Motor Diagonal Length 350 mm

3-axial Stabilized Gimbal Specifications: Working Current: Static: 750mA; Dynamic: 900mA Control Accuracy: ± 0.03 ֯ Controllable Range: Pitch: -90 ֯ - 0 ֯ Maximum Angular Speed: Pitch: 90 ֯ /second

Camera Operating Environment Temperature: 0 ֯ C - 40 ֯ C

Sensor Size: 1/ 2.3” Effective Pixels: 14 Megapixels

Resolution: 4384x3288 HD Recording: 1080p30/1080i60 Recording FOV: 110 ֯ /85 ֯

Remote Controller Operating Frequency: 5.728 GHz – 5.85 GHz Communication Distance (open are a): CE Compliance: 400m; FCC Co mpliance: 800m Receiver Sensitivity (1%PER): -93dBm Transmitting Power (EIRP): CE Compliance: 25mW; FCC Complianc e: 100mW Working Current/Voltage: 120mA@3.7V Battery: 2000mAh rechargeable LiPo battery

Range Extender Operating Frequency: 2412MHz-2462MHz

Communication Distance (open area): 500m-700m Transmitting Power: 20dBm Power Consumption: 2W8 For further information regarding the DJI Phantom 2 Vision+, pl ease refer to the attached

exhibits.

DJI Inspire 1

Aircraft Weight (Battery Inc luded): 2935 grams Hovering Accuracy (P Mode): Ve rtical: 0.5m; Horizontal: 2.5m Max Angular Velocity: Pitch: 300 ֯ /s; Yaw: 150 ֯ /s Max Tilt Angle: 35 ֯ Max Ascent Speed: 5 m/s Max Descent Speed: 4 m/s Max Speed: 22 m/s (ATTI mode , no wind) Max Flight Altitude: 4500 m Max Wind Speed Resistance: 10 m/s Max Flight Time: Approximatel y 18 minutes

Motor Model: DJI 3510 Propeller Model: DJI 1345 Indoor Hovering: Enable d by default Operating Temperature Range: -10 ֯ C to 40 ֯ C Diagonal Distance: 559 to 581 mm

Dimensions: 438x451x301mm

Gimbal

Model: ZENMUSE X3 Output Power (with Camera): Static: 9W; In Motion: 11W Operating Current: Station: 750mA; Motion: 900mA Angular Vibration Range: ±0.03 ֯ Mounting: Detachable Controllable Range: Pitch: -90 ֯ to +30 ֯ ; Pan: ±320 ֯ Mechanical Range: Pitch: -125 ֯ to +45 ֯ ; Pan: ±330 ֯ Max Controllable Speed: Pitch: 120 ֯ /s; Pan: 180 ֯ /s

Camera

Name: X3

Model: FC350

Total Pixels: 12.76M

Effective Pixels: 12.4M Image Max Size: 4000x3000 ISO Range: 100-3200 (video) 100-1600 (photo)

Remote Controller

Name: C1 Operating Frequency: 5.725~5.825GHz; 2.400~2.483GHZ Transmitting Distance: 2km (Outdoor and Unobstructed)

EIRP: 10dBM@900, 12dBm@5.8G, 20dBm@2.4G Video Output Port: USB, Mini-HDMI9 Power Supply: Bu ilt-in battery Charging: DJI Charger Dual User Capability: Host-a nd Slave connection

Mobile Devise Holder: Tablet or Smart Phone Output Power: 9W Operating Temperature Range: -10 ֯ C to 45 ֯ C Charging Temperature Range: 0-40 ֯ C Battery: 6000 mAh LiPo 2S

Charger

Model: A11- 100P1A Voltage: 26.3V

Rated Power: 100W

Battery (Standard)

Name: Inte lligent Flight Battery

Model: TB47 Capacity: 4500mAh Voltage: 22.2V Battery Type: LiP o 6S High voltage battery Energy: 99.9Wh Net Weight: 570g Operating Temperature Range: -10 ֯ C to 40 ֯ C Charging Temperature Range: 0-40 ֯ C Max Charging Power: 180W

For further information regarding the DJI Inspire 1, please ref er to the attached exhibits.

Flight Conditions and Operating Procedures

IIF’s primary objective with every flight is the safe return of the sUAS model without injury to property or person. In order to obtain this desired objective, IIF will abide by the following operating and atmospheric condit ions limitations when performin g flight operations with the DJI

Phantom 2 Vision+ and DJI Inspire 1 sUAS models:

1. IIF will not operate the above described sUAS models when weigh ing more than 55 pounds, including payload.

2. IIF will not operate the above described sUAS models at a speed exceeding 87 knots (100 miles per hour). IIF will use either groundspeed or calibrated airspeed to determine compliance with t he 87 knot speed restriction. IIF prohibits operation of the sUAS models at airspeeds greater than the maximum sUAS o perating airspeed recommended by the aircraft manufacturer.

3. IIF will not operate the above described sUAS models at an alti tude of more than 400 feet above ground level (AGL). IIF will monito r altitude in feet AGL via GPS technology and monitoring.10 4. IIF will only operate the above described sUAS models within VL OS of the PIC at all times. IIF will require the PIC to be able to use human vis ion unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman

medical certificate or U.S. driver’s license.

5. IIF requires the utilization of a visual observer (VO) on all c ommercial sUAS flights. The sUAS will be operated within VLOS of the PIC and V O at all times. The VO may be used to satisfy the VLOS requirement as long as t he PIC always maintains VLOS capability. IIF requires that the VO and PIC be able to communicate verbally at all times. IIF does not permit electron ic messaging or texting during flight operations . IIF requires the sUAS PIC to be designated before the flight and does not allow transfer his or her designation d uring the flight. The

PIC must ensure that the VO ca n perform the duties required of the VO.

6. IIF requires that all operating documents (defined as the grant ed exemption and all documents needed to operate the UAS model and conduct its opera tions in accordance with all grants conditions and limitations) must be accessible during sUAS operations and made availabl e to the Administrator upon re quest.

7. IIF will require a functional test should any sUAS model underg o maintenance or alterations that affect that sUAS’s operation or flight charact eristics, e.g., replacement of a flight critical component, must undergo a func tional test flight prior to conducting further ope rations under this exemption. II F requires that all function flights be conducted by a PIC with a VO and remain at least 500 feet from other people. IIF further requires that the functional test fli ght be conducted in such a manner so as to not pose an undue hazard to persons and prope rty.

8. IIF will be responsible for maint aining and inspecting the abov e referenced sUAS

models to ensure that the sUAS m odels are in a condition for sa fe operation.

9. IIF requires that, prior to each flight, the PIC conduct a pre- flight inspection and

determine whether the above ref erenced sUAS models are in a con dition for safe flight. IIF requires that the p re-flight inspect ion must accoun t for all potential discrepancies, e.g., inoperable components, items, or equipment . Should the inspection reveal a condition th at affects the safe operation o f the sUAS, IIF prohibits the aircraft from operating until the necessary maint enance has been performed and the sUAS is found to be in a condition for safe f light.

10. IIF requires compliance with the above referenced sUAS models m anufacturer’s maintenance, overhaul, replacem ent, inspection, and life limit requirements for the aircraft and aircraft components.

11. IIF requires compliance with all manufacture safety bulletins f or each above

referenced sUAS model.11 12. IIF requires all sUAS PICs to hold either an airline transport, commercial, private, recreational, or sport pilot cer tificate. Further, IIF requires the PIC to also hold a

current FAA airman medical certi ficate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a po ssession, or the Federal Government. The PIC must also meet the flight review requiremen ts specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

13. IIF prohibits any PIC to operate a sUAS unless the PIC demonstr ates the ability to safely operate the above referenced sUAS models in a manner con sistent with how the sUAS model will be operated under this petition for exempti on, including evasive and emergency maneuvers and maintaining appropriate dis tances from persons, vessels, vehicles and structures. To that end, IIF req uires PIC qualification flight hours and currency to be logged in a manner consistent w ith 14 CFR § 61.51(b).

14. IIF prohibits flight operations o f the above referenced sUAS mo dels during night, as defined in 14 CFR § 1.1. All flight operations will be condu cted under visual meteorological conditions (VMC). IIF will not allow the above r eferenced sUAS models to be flown during special visual flight rules (SVFR).

15. IIF will not operate the above referenced sUAS models within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the ce nter of the airport symbol as denoted on the current FAA-published aeronautical cha rt, unless a letter of agreement with that airport’s management is obtained or othe rwise permitted by a COA issued to the exemption holder. IIF will make the letter of agreement with the airport management available to the Administrator or any la w enforcement official upon request.

16. IIF will operate the above refere nced sUAS models at least 500 feet below and/or no more than 2,000 feet horizonta lly from a cloud. IIF will not operate the above

referenced sUAS models when visi bility is less than 3 statute m iles.

17. Should the sUAS lose communications or lose its GPS signal, IIF requires the sUAS to return to a pre-determined location within the private or controlled-access

property.

18. IIF requires the sUAS PIC to abort the flight in the event of u npredicted obstacles or emergencies.

19. IIF prohibits the sUAS PIC from beginning a flight unless (cons idering wind and forecast weather conditions) ther e is enough available power fo r the above referenced sUAS models to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater.12 20. IIF requires that all documents used to ensure safe operation a nd flight of the above referenced sUAS models and any documents required under 14 CFR §§ 91.9 and

91.203 to be available to the PIC at the Ground Control Station of the sUAS any time the aircraft is operating. IIF will make these documents a vailable to the Administrator or any law enfor cement official upon request.

21. IIF requires that during sUAS flights, the sUAS PIC remain clea r and give way to all manned aviation operations a nd activities a t all times.

22. IIF prohibits sUAS operation by the PIC from any moving device or vehicle.

23. IIF requires all sUAS flight operations to be conducted at leas t 500 feet from all nonparticipating persons, vessels, v ehicles, and structures unl ess:

a. Barriers or structures are present that sufficiently protect no nparticipating persons from the sUAS and/or debris in the event of an accident . IIF will ensure that nonparticipating pers ons remain under such protecti on. If a situation arises where nonpartic ipating persons leave such prot ection and

are within 500 feet of the sUAS , IIF requires flight operations to cease immediately in a manner ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vesse ls, vehicles or structures has granted permission for operating closer to those objects and the PIC ha s made a safety assessment of the risk of operating closer to those obje cts and determined that it does not present an undue hazard.

24. IIF will operate all sUAS flights over private or controlled-ac cess property with permission from the property owne r/controller or authorized rep resentative. IIF will obtain permission from the prope rty owner/controller or authori zed representative prior to each flight to be conducted.

PRIVACY

IIF’s use of the above referenced sUAS models for aerial photog raphy, aerial videography, and aerial mapping services will not implicate any privacy concerns . Since IIF will only operate the sUAS models at the request of the property and/or business owne r(s), IIF will have the express consent and permission of the property and/or business owner(s) prior to flying over private property. The use of these sUAS models for aerial photography, aerial videography, and aerial mapping services poses no greater privacy concerns than the use of traditional fixed winged or rotorcraft aircraft for similar activities. Images taken will b e of individuals who have consented to being filmed or otherwise have a greed to be in the area where a erial imagery will take place

PUBLIC INTEREST AND SAFETY

Unlike traditional fixed winged or rotorcraft aircraft, the use of the above referenced sUAS models for aerial photography, aerial videography and aerial mapping s ervices promotes public interest13 and safety. Whereas traditional fixed winged or rotorcraft airc raft are large, heavy, noisy, require manned operators (placing the p ilot’s life in jeopardy should t here be an emergency) and are flammable, these sUAS models are small, light, quite, unmanned (i.e. not risking human life for the purpose of operation), and do not r equire flammable fuel as a means of propulsion.

The use of IIF’s sUAS models also benefits the public from a sa fety perspective since these sUAS

models do not run on fossil fuels. Since both of IIF’s sUAS mod els are battery powered, the use of these sUAS models over the traditional fixed wing or rotorcr aft aircraft will be more environmentally and ecologically friendly. In addition, given t he extremely light weight of these sUAS models, should an emergency result in a forced landing, in jury to property or persons would be negligible compared to the catastrophic injury to property o r persons that would result in an emergency landing of a traditiona l fixed winged or rotorcraft a ircraft.

Apart from the added safety bene fits of sUAS flight operations, the use of sUAS for aerial photography, aerial videography, an d aerial mapping services cr eates new economic opportunities that could fuel the continued growth of aviation and aviation r elated interests. Consequently, the public will benefit from the use of sUAS models for commercial purposes as companies like IIF will provide new jobs and ec onomic opportunities, fueling innov ation and creativity.

REGULATIONS FROM WHICH EX EMPTION IS REQUESTED

14 CFR §§ 61.23(a) and (c): Medical Certificates Requirement an d Duration

IIF requests exemption from 14 CFR §§ 61.23(a) and (c) which pr ovides for certain flight operations requiring medical certi ficates. IIF’s petition for e xemption provides an equivalent level of safety in that IIF would require a sUAS PIC to hold either a current medical certificate, of any class, or a valid U.S. Driver’s License. IIF’s petition for exe mption provides an equivalent level of safety as provided in 14 C.F.R. §§61.23(a) and (c).

14 C.F.R. §§ 61.101(e)(4) and (5): Recreational Pilot Privilege s and Limitations; 14 C.F.R. § 61.113(a): Private Pilot Privileg es and Limitations: Pilot in C ommand; and 14 C.F.R. §61.315(a): What Are The Privileges and Limits of My Sport Pilo t Certificate?

IIF requests exemption from 14 C.F.R. §§ 61.101(e)(4) and (5) w hich prohibits recreational pilots from receiving compensation for hire or providing flight servic es in furtherance of a business, respectively. In addition, IIF re quests exemption from 14 C.F.R . §61.113(a), which prohibits a certificated private pilot from receiving compensation or flyin g for hire when acting as PIC, and from 14 C.F.R. §61.315(a), which provides the holder of a sport pilot certificate may only act as pilot in command of a light-sport aircraft.

IIF’s petition for exemption provides an equivalent level of sa fety in that IIF requires the PIC of a sUAS model, at the bare minimum, to hold the privileges of a sp ort pilot certificate under 14 C.F.R. §61 Subpart J, hold either a medi cal certificate or valid U.S. Driver’s License, and to demonstrate proficiency in the PIC’s ability to safely operate the sUAS mod els in a manner consistent with how the sUAS model will be operated under this petition for exe mption.14 Distinct comparisons between the commercial activities of IIF a nd other business operating traditional fixed wing or rotorcraft aircraft expose the unnece ssary limitations placed upon sport, recreational and private certificated pilots when considering P IC privileges of commercial sUAS flight operations. Whereas requiring pilots of traditional fixe d wing and rotorcraft aircraft to hold commercial and Airline Transport Pilot (ATP) ratings ensures th at the pilots possess the necessary skills, training and experience to safely transport persons and /or cargo from the point of departure to the intended point of destination, the same correlation for sUAS pilots does not apply to the flight operations of IIF.

In the case of IIF’s sUAS flight operations, no persons or carg o will be carried by the sUAS during IIF’s aerial photography, aerial videography, or aerial mapping . Unlike traditional fixed wing or rotorcraft aircraft, which must traverse over a greater distanc e, greater amount of property, and a greater amount of people in order to get from the point of depa rture to the intended point of destination, IIF’s sUAS will only fly over property authorized by IIF’s clients. In other words, the sUAS’s flight will not have to originate from a different locat ion and traverse over the properties of disinterested parties in orde r to fulfill the purpose IIF’s flight operations. As such, the risk of injury to disinterested parties is substantially decreased by t he use of a sUAS for aerial photography, aerial videogr aphy, and aerial mapping.

Consequently, IIF’s requirement that the sUAS PIC hold, at leas t, a sport pilot certificate provides an equivalent level of safety to the requirement that a commerc ial or ATP rated pilot transport persons and/or cargo for hire in manned aircraft.

14 C.F.R. § 91.7(a): Civil Ai rcraft Airworthiness

IIF requests an exemption from 14 C.F.R. §91.7(a) which prohibi ts the operation of civil aircraft unless it is in airworthy condition. As there will be no airwor thiness certificate issued for IIF’s sUAS models, no standard will exist for determining airworthine ss. In any event, IIF’s proposed Flight Conditions and Operating Procedure will ensure and equiv alent level of safety with 14 C.F.R. §91.7(a).

14 C.F.R. § 91.119(c): Minimum Safe Altitude: General

IIF requests an exemption from 14 C.F.R §91.119(c) which provid es that except when necessary for takeoff or landing, no person may operate an aircraft below an altitude of 500 feet above the surface. Furthermore, this section provides that an aircraft ma y not be operated closer than 500 feet to any person, vessel, vehicl e, or structure. IIF’s petiti on requests that the sUAS models be flown at an altitude no higher than 400 feet AGL and, when comp lying with the conditions set forth in section 23(b) of IIF’s Flight Conditions and Operating Procedures, at distances closer than 500 feet from any person, vessel, ve hicle, or structure.

IIF’s Flight Conditions and Operating Procedures provide for an equivalent level of safety. In any event, IIF’s sUAS are extremely lightweight, small, and would c ause negligible injury to property or damage, when compared to the catastrophic damage that a trad itional fixed wing or rotorcraft aircraft would inflict due to a forced landing. Moreover, the s ize, speed, and weight of IIF’s sUAS models dictate that the PIC and VO maintain VLOS, which will al so promote signal connectivity

between the sUAS’s transmitter and receivers.15 14 C.F.R. §91.121: Altimeter Settings

IIF requests exemption from 14 C.F.R. §91.121 which provides gu idelines for the use of altimeter settings while operating an airc raft. IIF’s petition for exempt ion provides an equivalent level of safety such that the sUAS model’s PIC will be able to determine the AGL height of the sUAS due to GPS technology. The AGL height of the sUAS will be displayed for the PIC during all flight operations. As such, the PIC will be able to maintain the requi rement that the sUAS be no more than 400 feet AGL during all flight operations.

14 C.F.R. §91.151(a)(1): Fuel Requi rements For Flight In VFR Co nditions

IIF requests exemption from 14 C.F.R. §91.151(a)(1) which provi des that no person may begin a flight in an airplane under VFR conditions with less than 30 mi nutes of reserve fuel. IIF’s petition for exemption provides an equiva lent level of safety due to IIF ’s prohibition again st the PIC from beginning a flight unless (consid ering wind and forecast weathe r conditions) there is enough available power for the sUAS t o conduct the intended operation and to operate after that for at

least 5 minutes or with the res erve power recommended by the ma nufacturer if greater.

Given the design and technology of the sUAS models that IIF int ends to operate, IIF’s PIC will have access to all relevant information concerning the sUAS’s b attery life. The PIC will be able to

make an accurate determination as to whether the PIC can comply with IIF’s “fuel” requirements for each flight.

14 C.F.R. §91.405(a): Maintenanc e Required; 14 C.F.R. §91.407(a )(1): Operation After Maintenance, Preventative Maint enance, Rebuilding, Or Alteratio n; 14 C.F.R. §§ 91.409(a)(1) and (2): Inspections ; 14 C.F.R. 91.417(a) and (b): Maintenance Records

IIF requests exemption from the following F.A.Rs: 14 C.F.R. §91 .405(a) which provides the owner or operator of aircraft shall have the aircraft inspected pursu ant to Subpart E of 14 C.F.R; 14 C.F.R. §91.407(a)(1) which provides that no person may operate any air craft having undergone preventive maintenance unless approved for return to servic e by a person authorized under §43.7; 14 C.F.R. §§91.409(a)(1) and (2) which provides that no person may operat e an aircraft within the preceding 12 calendar months unless an annual inspection has been perform ed; and 14 C.F.R. §§91.417(a) and (b) which provides for the recording of an aircraft’s maint enance if the aircraft holds an

airworthiness certificate.

IIF’s petition for exemption provides an equivalent level of sa fety since IIF requires compliance with the sUAS manufacturer’s maintenance, overhaul, replacement , inspection, and life limit requirements for the aircraft and aircraft components. Due to t he nature of a sUAS, compliance with certain maintenance requirements under Subpart E of 14 C.F .R. are either impossible or cost prohibitive to implement when applied to a sUAS. As such, IIF s hould be exempt from these regulations.