### US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA Reform Act

September 9, 2015

Petitioner Matthew Beardsley DBA Matt Beardsley Creative 4629 Meldon Ave Oakland CA 94619 510-915-7141 matt@himatt.com

U.S Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Matthew Beardsley, DBA “Matt Beardsley Creative,” operator of Unmanned Aircraft Systems (UAS), herby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation of designated UAS, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333 He has years of experience safely and responsibly operating a small unmanned remote-control multi-rotor. He is seeking an exemption from these speci fi c requirements of Title 14 C.F.R.:

I. 61.113(a) and (b) II. 91.7(a) III. 91.119(b) and (c) IV. 91.121 V. 91.151(a) VI. 91.405(a) VII. 91.407(a)(1) VIII. 91.409(a)(1) and (2) IX. 91.417(a) and (b)

Thank you for your time and consideration, Matthew Beardsley Matt Beardsley CreativeThe Small Unmanned Aerial System (sUAS) described herein in smaller, lighter, and more maneuverable than conventional aircraft running on combustible fuel, operates at lower altitudes with no people on board and will thereby reduce current risk levels, enhance safety and diminished the likelihood of death or serious bodily injury. With a small payload and maximum fl ight time of only 18 minutes, this o ffers little or no risk to national security.

Commercial operation of a sUAS, as described herein, would provide professional services in the following areas:

I. Aerial video for clients of my studio, primarily the communications o ffi ces of universities, communications and marketing o ffi ces of local non-pro fi t organizations. I produce video content for these clients, and hope to use aerial footage as part of my work. II. Aerial video and photography for marketing and promotion. I provide content for the Websites of several businesses and hope to expand the services I provide to include the commercial use of the sUAS systems I currently use recreationally. III. Aerial cinematography for television and fi lm production. I produce documentary fi lms and hope to incorporate aerial footage in future productions

As described fully below, the requested exemption would permit the operation of designated sUAS as set forth in this document under controlled conditions in the NAS that would be limited, controlled, predetermined, and safe.

The name and address of the applicant is:

Matthew J. Beardsley, DBA Matt Beardsley Creative Phone: 510-915-7141 Email: matt@himatt.net Address: 4269 Meldon Ave., Oakland CA 94619

### Aircraft

DJI Inspire 1 A. Weight (including battery, camera, and propellers): 6.47 lbs B. Diagonal Size (including Propellers): 22.87” C. Max Ascent Speed: 11.2 mph D. Max Decent Speed: 9 mph E. Max Flight Time: ~18 minutes F. Remote Controller Operating Frequencies: 2.400 - 2.483 GHz, 5.725 - 5.825 GHz G. Auto Takeo ff: On command, rises to a pre-set height, holds position, and awaits further RC input H. Auto Return Home: Returns to GPS-defi ned home point and lands I. Low Battery Failsafe: The Inspire has 2 user-defi ned low battery warnings: 1st warning (30% battery remaining), visual and audible alerts; 2nd warning (10% battery remaining), auto return home and land.

The DJI Inspire One, manufactured by DJI Innovations, is a lightweight 4 electric motor/ rotor, battery operated, quadcopter with a 6.47 lb. gross weight that takes o ff and lands vertically. The Inspire 1 as a length of 17.3 inches, width of 17.3 inches, height of 11.8inches, and a maximum speed of approximately 42 knots. Its avionics suite contains an onboard fl ight computer with GPS navigation and an Inertial Measurement Unit (IMU) based attitude stability system. Also included in a barometric altimeter sensor, compass unit, ultrasonic altimeter, and downward-facing vision positioning camera. An on-bard processor receives signals for fl ight and camera control from a ground-based transmitter/ controller/ground station device. An on-board telemetry system delivers fl ight data from the fl ight computer to the downlink radio transmitter to provide the Pilot in Command (PIC) with information such as altitude, AGL, horizontal and vertical speed, compass direction of fl ight, bearing and distance to the controlling station, battery status, fl ight mode, GPS signal strength, datalink status, GPS position, and control signal strength. This data is displayed to the PIC via the “DJI Go” App running on a tablet computer.

The Ground Control Station/Controller The DJI Inspire 1 uses a series of components to comprise the Ground Control Station. The fi rst and primary component of the ground control station is a handheld radio control (with an optional second radio for the camera operator to control the Inspire’s camera). The radio control provides a user interface for fl ight attitude and altitude commands augmented by the sUAS’s onboard IMU and GPS-aided stabilization system. The radio control also has options for switching fl ight modes, controlling the sUAS’s attached camera and gimbal, and triggering the sUAS’s Return-to-Home auto-land function. The Datalink segment is comprised of an uplink transmitter command/control link using a frequency range of 2.400 GHz to 2.483 GHz with a power output of approximately 125mW. The uplink sends fl ight and camera commands to the sUAS’s autopilot which then processes thecommands along with sensor inputs to manipulate the motor speed controllers and provide the desired response. The downlink transmitter on the sUAS operates using a frequency range of 5.72 8GHz to 5.825 GHz and an output power of approximately 25mW. The downlink transmitter provides live video from the on-board camera plus all the sUAS’s fl ight data described previously. Downlink data and video is received by the pilot controller and optional camera controller which is then displayed to the PIC and optional Camera Operator via a tablet computer app called “DJI Go” and provides a heads-up display of pertinent fl ight data and sUAS status reports. Both the uplink and downlink transmitters have been tested and comply with part 15 of the FCC rules for a class B digital device.



### Documentation The following documents are attached and provided to support this petition: I. DJI Inspire 1, Manual Version 1.4 II. DJI Inspire 1, Maintenance Manual, Version 1.0



### Public Interest I. My production studio is a small business based in Oakland, CA, and provides a unique service to many clients, primarily universities and non-pro fi ts in the area, but also to other businesses. Incorporating low-angle aerial imagery into communication, editorial, and marketing materials is of great bene fi t to my clients, increasing the value of their

efforts to educate the community and to fund important programs. II. I produce documentary and educational content and the use of aerial imagery (produced, when safe to do so, well below 400-feet AGL) is of tremendous value in increasing the information communicated, and the beauty in which it is communicated. III. I’ve spent years learning to safely and responsibly control an sUAS and now that the technology is very quickly gaining in popularity, I fi nd myself a frequent advocate for safe use, responsible planning, and knowing and following rules and regulations. IV. My production studio is a small business based in a low-income community. By using the sUAS control skills I’ve developed recreationally for commercial gain, I am able to contribute to my community fi nancially by paying income tax, hiring camera operators, editors, musicians, and graphic designers, and others. I plan to make safe and responsible sUAS use an important component of my studio’s income in the years to come.



### Public Safety I. The use of an sUAS for fi lming and photography has less impact on noise, fuel use, and risk to people and property than a manned, full-size helicopter. Safe and responsible sUAS use is also a more cost-effective solution for aerial content creating when compared to a manned, full-size aircraft. II. The small size and weight, limited altitude, and operation within VLOS all prevent the sUAS from presenting signi fi cant danger to people and property. III. The use of batteries in place of combustible fuel signi fi cantly decreases the risk for causing harm.

### Operational Parameters

Aircraft and Equivalent Level of Safety The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The UAS will weight signi fi cantly less than 55 lbs. 2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph. 3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO). 4. Maximum fl ight time for each operational fl ight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of fl ight time, whichever occurs fi rst. 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which fi lming is planned. 6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO). 7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 hours on the designated UAS. 8. A safety briefi ng will be performed prior to each day’s fl ights consisting of all the days’ production activities. 9. All fl ight activities will be logged. 10. All fl ights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 11. The fl ights will occur in Class G airspace no closer than a 5-mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 12. Flights will not be closer than a 5 mile radius of the geographic center/Airport. 13. The operator will fi le FAA Form 7711-1, or its equivalent, as modi fi ed in light of the requested exemption, with the appropriate local Flight Standards District O ffi ce (FSDO) no more than 72 hours but no less than 48 hours from planned operation. 14. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the fl ight operation, and the radius may be reduced to 30 feed based upon an equivalent level of safety determination, as U.S. Department of Transportation required under the FOM. With the advanced permission of the FSDO, operations at closer range may be approved.15. The PIC and VO will have been trained in operation of UAS and receive up-todate information for the particular UAS to be operated 16. The PIC and VO will be able to communicated by voice and/or radio at all times 17. Written and/or verbal permission and permits will be obtained from territorial, state, country, or city jurisdictions, including law enforcement, fi re or other appropriate governmental agencies as appropriate to fl ight operations. 18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre-determined location within a designated location and land autonomously. 19. The UAS will have the capability to abort a fl ight in case of emergencies with an automated “Return Home and Land” function. 20. The UAS will have the capability to abort a fl ight in case of unpredicted obstacles, weather, or emergencies such as low battery.



### Prefl ight Checklist, DJI Inspire 1

Departure -Batteries fully charged -Tablets charged and up-to-date with fi rmware and app version -Cables -Micro SD cards ready -Check maps for location of planned fl ight -All components in good order and well-packed

Pre-Flight -Notify appropriate people, verbal/written consent given -Check weather, visibility, and wind -Check for obstacles to avoid and clear landing area of small debris -Power on radio remote control -Power on tablet and app -Set antennae -Power on Inspire 1 -Exit Travel Mode (extends landing gear for safe takeo ff ) -Power o ff Inspire 1 -Install camera and ND/UV fi lter as needed -Insert Micro SD card -Attach propellers -Power on Inspire 1 -Check status on tablet screen and wait for good GPS lock -Check battery status on tablet -Check card space on Micro SD card -Set camera settings -Take o ff , test hover, test controlsPost-Flight -Land -Disarm motors -Remove camera and replace protective caps -Enter Travel Mode -Power o ff Inspire 1 -Power o ff tablet -Power o ff radio remote control -check and pack all components



### Speci fi c Sections of C.F.R. From Which Matthew Beardsley Seeks Exemption

I. Section 61.113(a) and (b) - Private Pilot Privileges and Limitations Section 61.113 states that no person who holds a private pilot certi fi cate 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. The sUAS will not carry a pilot or passengers. Then the stated operations can achieve the equivalent level of safety by requiring the PIC operating the aircraft to have completed Private Pilot Ground school instruction and passed the FAA Private Pilot written exam to operate these sUAS. These sUAS are not capable of carrying a pilot or passengers, therefore distinguishing them as remotely controlled vehicles. The area of operation is controlled and restricted providing a sound level of safety referenced from the operations manual. The risk associated with the operation of a sUAS are greatly reduced with a private pilot acting as PIC thus exceeding the present level of safety achieved by section 61.113

II. Section 91.7(a) Civil Aircraft Airworthiness While UAS will not have an airworthiness certi fi cate in accordance with 14 C.F.R. part 21, Subpart H, the airworthy condition of the UAS will be the responsibility of the PIC in accordance with 14 C.F.R. section 91.7(b)

III. 14 C.F.R. Section 91.119 - Minimum Safe Altitudes Section 91.119 states persons may operate a helicopter at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes speci fi cally prescribed for helicopters by the FAA. The sUAS meets this criteria as a helicopter and requests the ability to operate at altitudes up to 400 feet AGL. Only in accordance with pre-obtained consent will the sUAS operate while also maintaining an altitude less than 400 feet AGL. For comparison with traditional aircraft and rotocraft, the sUAS weighs less than 10 lbs. while also preventing potential risks associated with fl ammable fuel. Lastly, the 400-foot AGL ceiling limits any ability for the sUAS to interfere with conventional aircraft operating at or above 500 feet AGL.IV. 14 C.F.R. Section 91.121 - Altimeter Settings Section 91.121 states each person operating an aircraft shall maintain the cruising altitude

or fl ight 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 route and within 100 nautical miles of the aircraft. 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. The sUAS will reference its altitude based on GPS and will be restricted to a 400-foot AGL ceiling. The PIC will also verify elevation from multiple ground based sources prior to takeo ff

.

V. 14 C.F.R. Section 91.151 - Fuel Requirements for Flight in VFR conditions Section 91.151 states no person may begin a fl ight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fl y to the fi rst point of intended landing and, assuming normal cruising speed, to fl y after that for at least 20 minutes. The sUAS betters-powered operational fl ight time is not able to incorporate a 20-minute reserve window following successful fi rst point of intended landing due to current battery capacity limitations. In order to provide adequate reserve power for return landing, the sUAS will abide by 12-minute fl ight time or 25% of remaining battery power, whichever happens fi rst.

VI. 14 C.F.R. Section 91.405(a) Maintenance Required, 91.407(a)(1) Operation after maintenance; preventative maintenance, rebuilding or alteration; 91.409(a)(1) and (2) Inspections; and 91.417(a) and (b) Maintenance Records These sections only apply to aircraft with an airworthiness certi fi cate, Matthew Beardsley requests exemption from these sections because the DJI Inspire 1 does not require airworthiness certi fi cates. In order to insure proper maintenance, the operations manual will be cited for necessary corrective measures. In addition, the PIC is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthiness condition, and any sUAS conducted maintenance will be documented for the life of the aircraft. The maintenance manual provided by DJI (the manufacturer of the sUAS described herein) is included in this petition for exemption.

### Conclusion

The applicant, Matthew Beardsley, believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing su ffi cient jurisdiction for the granting of commercial operations of the applicants sUAS.

The applicant, Matthew Beardsley, requests your respective approval of this Section 333 exemption petition request.

Thank you for your time and consideration,

Matthew Beardsley

DBA Matt Beardsley Creative 4629 Meldon Ave. Oakland CA 94619 matt@himatt.net 510-915-7141