1

January , 09 2016

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12

- 140

1200 New Jersey Ave, SE Washington, DC 20590

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF
FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COM MERCIAL OPERATION OF DJI Inspire 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF
THE FAA MODERNIZATION AND REFOR M ACT OF 2012 (PUBLIC LAW 112

- 95)

Nicolae Enciu

CEO

Airborne Systems Consultants

, INC

. 3 Dunwoody Park S

Suite 103

Atlanta Georgia 30338

Phone: (404)326

- 7558

e

- mail: nicholas.enciu@gmail.com2

TABLE OF CONTENTS Page

GLOSSARY OF
ABBREVIATIONS

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

SUMMARY....

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

INTRODUCTION AND INTERESTS OF PETITIONER.............................................. ......4

BACKGROUND.................................................

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

BASIS FOR PETITION................................

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

NAME AND ADDRESS OF PETIT IONER........

............................. ...............................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Airborne Systems Consultants

, INC . SEEKS E XEMPTION

........................... ... ................................................................7

THE EXTENT OF RELIEF Airborne Systems Consultants

, INC

. SEEKS AND THE REASON Airborne Systems Consultants

, INC

. SEEKS THE R ELIE......

.................................. . ....11

THE REASONS WHY GRANTING Airborne Systems Consultants

, INC

. WOULD BE IN
THE PUBLIC INTE REST ...............................................

................. ........................12

THE REASONS WHY GRANTING THE EXEMPTION TO Airborne Systems Consultants

, INC

. WOULD NOT ADVERSELY AFFECT SAFETY..........

............................ ................ .13

SUMMARY THAT CAN BE PUBLISHED I N THE FEDERAL REGISTER.................. .........25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT Airborne Systems Consultants

, INC

. ’S REQUEST..................................

. ................25

CONCLUSION.

...................................................... ............... ..............................28

APPENDICES............................................................................

.................................... ............. 283

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traff ic Control

ATO Air Traffic Organization

AV Aerial Vehicle
CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation
GCS Ground Control Station

GPS Global P ositioning System
LOL Loss of Link

NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command
Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer
SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules
VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4

SUMMARY

Airborne Systems Consultants

, INC

. seeks exemption from the re quirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System ( DJI Inspire 1 ) pursuant to Section 333 of the FAA Modernization and Reform A ct of 2012 (FMRA). This exemption will permit Airborne Systems Consultants

, INC

. to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of residential and commercial real estate,
construction site s , civil landscapes and events over certain areas of the United

States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Airborne Systems Consultants

, INC

. has been created to years provided their
clients with expertise and knowledge in video and multimedia m arketing, advertising using advan ced technologies and solutions. The objective of Airborne Systems Consultants

, INC

. and our Unmanned Aircraft System ( DJI Inspire 1 ) aerial operations is to provide high

- quality production system for a variety of residentia l
and commercial uses, specifically targeting :

 Appraisals

 Real

- estate marketing

 Construction sites before and after

 Civic landmarks

 Special event coverage

BACKGROUND

Unmanne d Aircraft Systems: DJI Inspire 1 , UAS

Airborne Systems Consultants

, INC

. seeks an exemption to operate DJI Inspire
system for compensation or hire with in the NAS. The DJI Inspire is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet systems. The DJI Inspire 1 has a maximum gross weight of5

approximately 6.5 lb. while having a diagonal dimension of 2 2.9 ”, a maximum speed of approximately 16.4’fps and a maximum flying height of 14,764'

. The DJI Inspire 1 is equipped with four main rotors, driven by Lithium Polymer ba ttery powered electric motors.

The DJI Inspire 1 that will be operated by Airborne Systems Consultants

, INC

. will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked i n accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, Airborne Systems Consultants

, INC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization a nd Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to comme rcially operate the DJI Inspire 1 , UAS in the National Airspace System (NAS), and for an exemption from the requireme nts of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its oper ation, Airborne Systems Consultants

, INC operation of DJI Inspire 1 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Airborne Systems Co nsultants

, INC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an
airworthiness certificate.

The Airborne Systems Consultants

, INC submits that the requested relief is proper since an equivalent level of safety will be ensured. Airborne Systems Consultants

, INC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, an d DJI Inspire 1 Instruction Manual). Furthermore, Airborne Systems
Consultants

, INC will document and maintain all maintena nce records for the DJI Inspire 1 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Airborne Systems Consultants

, INC to the extent necessary to allow a Pil ot in Command (PIC)6

holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able t o safely operate the DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles
and structures.

The Airborne Systems Consultants

, INC seeks relief from Section 91.7(a), entitl ed Civil aircraft airworthiness

, because the DJI Inspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Airborne Systems Consultants

, INC submits that they will ensure that the DJI Inspire 1 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly

M aintenance Log, and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.

Airborne Systems Consultants

, INC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Inspire 1 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Inspir e 1 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Airbor ne Systems Consultants

, INC ’s operation of the DJI Inspire 1 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Airborne Systems Consultants

, INC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR
conditions

. The Airborne Systems Consultants

, INC submits that safety will not be
affected by operation of the DJI Inspire 1 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 18 minutes. Battery power indicators are also able to show exactly how much battery power is left, as
well as how much time is needed to retu rn safely back to point of take

- off.

In accordance with 14 C.F.R . § 11.81, Airborne Systems Consultants

, INC provides the following information in support of its petition for exemption:7

A. Name And Address Of The Petitioner.

The name and address of the Pe titioner and point of contact is:

Nicolae Enciu

CEO

Airborne Systems Consultants

, INC

. 3 Dunwoody Park S

Suite 103

Atlanta Georgia 30338

Phone: (404)326

- 7558

e

- mail: nicholas.enciu@gmail.com

B. The Specific Sections Of 14 C.F.R. From Airborne Systems Consultants, INC Exemption.

1. Airborne Systems C onsultants, INC Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

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

, subsections (a) and (b) prescribe the following, in relevant part:

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

(b) A private pilot may, for c ompensation or hire, act as PIC of an aircraft in connection with any business or employment if

—
(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Ai rborne Systems Consultants, INC Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy c ondition.8

3. Airborne Systems Consultants, INC Seeks Exemption From The Requirements
Of Section 91.121.

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

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

--
(1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within

100 naut ical miles of the aircraft;

(ii) 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;

or
(iii) 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.

4. Airborne Systems Consultants, INC GROUP Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requireme nts for flight in VFR conditions , subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of inte nded landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Airborne Systems Consultants, INC Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), st ates the following: Each owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repai red as prescribed in part 43 of this chapter[.]9

6. Airborne Systems Consultants, INC Seeks Exemption From The Requirements
Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration

, su bsection (a)(1), states the following:

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

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

7. Airborne Systems Consultants, INC Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

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

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

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

8. Airborne Systems Consultants, INC Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

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

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

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

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

(ii) The date of completion of the work performed; and10

(iii) The signature, and certificate number of the person approving the aircraft for
return to service.

(2) Records containing the following information:

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

rotor.

(ii) The current status of life

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

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

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

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

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

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

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

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

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.11

C. The Extent Of Reli ef Airborne Systems Consultants, INC Seeks And The
Reason Airborne Systems Consultants, INC Seeks The Relief.

1. Extent Of Relief Airborne Systems Consultants, INC Seeks And Airborne Systems Consultants, INC Seeks Relief From Section 61.113(a) And (b).

R elief from Section 61.113(a) and (b) entitled Private pilot privileges and
limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid
airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or
hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Airborne Systems Consultants

, INC submits that an equivalent level of safety will be maintained because no PIC will be all owed to operate the DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and

currenc y requirements, demonstrating that the PIC is able to safely operate either the DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining ap propriate distances from people, vessels, vehicles and structures.

Further, Airborne Systems Consultants

, INC submits that all flights of the DJI Inspire 1 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will
be incidental to Airborne Systems Consultants

, INC ’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Airborne Systems Consultants, INC Seeks And The Reason Airborne Systems Consultants, INC Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Airborne Systems Consultants

, INC to determine that the DJI Inspire 1 UAS are in airworthy condition prior to every flight by ensuring that
the UAS is in compliance with the operating documents (i.e., the Airborne Systems
Consultants

, INC Aerial Operations Manual, Mon thly Maintenance Log, and DJI Inspire 1 Instruction Manual).12

The Airborne Systems Consultants

, INC seeks the requested relief beca use the DJI Inspire UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Airborne Systems Consultants

, INC will ensure that
the DJI Inspire 1 UAS are in airworthy condition based upon its compliance wi th the operating documents (i.e., Monthly M aintenance Log, and DJI Inspire 1 ) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Airborne Systems Consultants, INC And The Reason Airborne Systems Consultants , INC Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings , may be required to allow fligh t operations of the DJI Inspire 1 UAS, which utilize a barometric press ure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reporte d to air traffic control (ATC) in feet above ground level (AGL),
The Airborne Systems Consultants

, INC seeks the requested relief because the DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Inspire 1 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the

GCS.

4. Extent Of Relief Airborne Systems Consultants, INC Seeks And The Reason Airborne Systems Consultants, INC Seeks Relief From Section 91.151(b).

Relief from Se ction 91.151(b) entitled Fuel requirements for flight in VFR
conditions , is requested to the extent required to allow flights of the battery powered DJI Inspire 1 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rule s (VFR), for a total duration of 18
minutes. Airborne Systems Consultants

, INC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1 UAS will severely constrain the pra cticality of any13

aerial video or still photo flight operations that Airborne Systems Consultants

, INC proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI In spire 1 UAS, the DJI Inspire 1 opera ting documents, and Airborne Systems Consultants

, INC proposed operating limitations, ensure that Airborne Systems Consultants

, INC will safely operate the battery powered DJI Inspire 1 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rul es (VFR), with enough battery power to fly for a total duration of 18 minutes.

5. Extent Of Relief Airborne Systems Consultants , INC Seeks And The Reason Airborne Systems Consultants , INC Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Airborne Systems
Consultants

, INC requests relief from these Sec tions because the D JI Inspire 1 UAS do not require airwor thiness certificates. As set forth mor e fully below, the DJI Inspire 1 UAS meet the conditions of FMRA Section 333 for operation without an
airworthiness certificate. Ac cordingly, Airborne Systems Consultants

, INC will use trained technicians to perform maintenance, a lterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Airborne Systems Consultants

, INC Aerial Operations Manual, Monthly Ma intenance Log, and DJI Inspire 1 Instruction
Manual ). Fu rthermore, Airborne Systems Consultants

, INC will document and
maintain all maintenan ce records for the DJI Inspire 1 UAS.

D. The Reasons Wh y Granting Airborne Systems Consultants , INC Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A W hole.

Granting the present Petition will further the public interest by allowing Airborne Systems Consultants

, INC to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic landscape over certai n areas of the United States.

Additional ly, use of the DJI Inspire will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the b enefits of Airborne Systems Consultants

, INC ’s proposed operation of the DJI Ins pire 1 UAS will be realized without implicating any privacy issues.14

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

The DJI Inspire 1 UAS are battery powered and serve as a safe, efficient, and
economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption all owing the use of a DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce no ise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Inspire 1 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

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

Conducting aerial acq uisitions with the DJI Inspire 1 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and el ectric motors, the DJI Inspire 1 UAS produce no air po llution, and is the most viable environmentally conscious
alte rnative to the cabin class, six

- cylinder s internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of l eaded a viation fuel. The DJI Inspire 1 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the D JI Inspire 1 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located
onboard the aircraft, the DJI Inspire 1 UAS (we ighing approximately 6.5 pounds at their maximum gross weight with diagonal dimension of 22.9 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that15

typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a f uel capacity of 180 gallons).

3. Performing Aerial Video and Photography O perations With The DJI Inspire 1 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Inspire 1 UAS are also an economical alternative to using manned air craft to conduct similar aerial operations. As such,

op eration of the DJI Inspire will allow United States based compa nies, like Airborne Systems Consultants

, INC , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery

po wered DJI Inspire 1 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

E. The Reasons Why Granting The Exemp tion Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Airborne Systems Consultants , INC Seeks Exemption.

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

In consideration of the size, weight, speed, and limited operating area associated
with the unmanned aircraft and its operation, Airborne Systems Consultants

, INC ’ s operation of the DJI Inspire 1 UAS meet the c onditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for consi dering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subt itle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking16

required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

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

-- (1) which types of unma nned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the pub lic or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

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

In seeking this exemption, Airborne Systems Consultants

, INC submits that the DJI Inspire 1 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the chara cteristics of the DJI In spire 1 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

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

The DJI Inspire 1 UAS does not create a hazard t o users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Inspire 1 UAS.

The technical spe cifications of the DJI Inspire 1 UAS ar e set forth by the DJI Inspire

1 User Manual, attached hereto as Appendix A.

ii. The DJI Inspire 1 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Inspire 1 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigat ional modes of the DJI Inspire 1 UAS is provided at pages 11 of the DJI Inspire 1 User Manual attached hereto as Appendix A.

iii. The DJI Inspire 1 UAS Are Designed For Automatic R eturn To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.17

When the Control Link is lost, the DJI Inspire 1 UAS will remain stationary, in flight, for 3 seconds or more. If, af ter 3 seconds, the DJI Inspire 1 UAS does not reacqui re control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Func tions of the DJI Inspire 1 UAS are set forth at pages 12 through 14 of the DJI Inspire 1 User Manual, attached hereto as Appendix A.

iv. The DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and s pecifications of the DJI Inspire 1 GCS and flight control software is provided at pages 2 3 through 29 of the DJI Inspire 1
User Manual. DJI Inspire 1 User Manual is attached hereto as Appendix A.

b. Flight Operations Of DJI Inspire 1 UAS Is Limited To The Line Of Sight Of A
Certificat ed Pilot in Command With A Safety Observer.

Airborne Systems Consultants

, INC video production staff will be the only persons to act as a pilot in com mand (PIC) of the DJI Inspire 1 UAS. Additionally, a safety observer will assist him at all times during flight time.

c. Flights Of DJI Inspire 1 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Airborne Systems Consultants

, INC proposes to commercially operate DJI Inspire 1 UAS for the special purpose of conducting aerial video and phot ography over certain areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighi ng less than 55 pounds max imum gross weight: DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to condu cting operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.18

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by t he procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to
ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requir es 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.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. A ll operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the ope rating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its oper ating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendmen t to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office ( AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that af fects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary19

maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspec tion. All maintenance and alterations must be properly documented in the
aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to
service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current
third

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency ma neuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permi tted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonp articipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.20

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operat e within 5 nautical miles of an airport reference point as
denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

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

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre

- determined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance w ith airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance wi th 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation
and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.21

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be
available to the PIC at the Ground Control Station o f the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

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

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under s uch protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner /controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational ar ea as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

Airborne Systems Consultants

, INC submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be22

allo wed to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

U AS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Airborne Systems Consultants

, INC will not allow any PIC to operate the DJI Inspire

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

- hour

r equirements or the DJI Inspire 1 UAS training and currency requirements, that the
PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

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

w ith 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirement s, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure a n equivalent level of saf ety during Airborne Systems Consultants

, INC ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows :
In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of
total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot
with a multi

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

- rotor time an d the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements,23

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

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

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experienc e

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

Exemption No. 11138 at page 15.

Ac cordingly, Airborne Systems Consultants

, INC will ensure safe operations by not allowing any PIC to operate the DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that
the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) w ill be maintained because prior to eve ry flight, Airborne Systems Consultants

, INC wi ll ensure that the DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations
herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 111 12, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintai ned
because the altitude information of the DJI Inspire 1 UAS will be provided to the24

PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and
altitude. This a ltitude information, combined with The Airborne Systems
Consultants

, INC ‘ s operation of the DJI Inspire 1 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by G PS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in
circumstances simila r, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Require ments Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical spe cifications of the DJI Inspire 1 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Airborne Systems
Consultants

, INC will ensure that it will safely operate t he battery powered DJI Inspire 1 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 18 minutes.

Here, as in Exemption No. 11109, the technical spec ifications of the DJI Inspire 1 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, w ill ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Inspire 1 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the fi rst warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Inspire 1 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the min imums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exe mption Nos.25

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In seeking this exemption, Airborne Systems Consultants

, INC submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements establis hed by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Airborne Systems Consultants

, INC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniqu es, and practices prescribed in the operating documents (i.e., Airborne Systems Consultants

, INC Aerial Operations Manual, Monthly Ma intenance Log, and DJI Inspire 1 Instruction Manual). Furthermore, Airborne Systems Consultants

, INC will document and
maintain all maintenance rec ords for the DJI Inspire 1 UAS.

Since the DJI Inspire 1 UAS will be inspected as prescribed by the operating documents, Airborne Systems Consultants

, INC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Inspire 1 User Manuals are attached hereto as Appendix A.

Likewise, the exemption sought will not adversely affect safety because Airborne Systems Consultants

, INC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent leve l of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Inspire 1 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significan tly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating
limitations of the UAS are considered.

In consid eration of Airborne Systems Consultants

, INC ’s proposed operating limitations, the operating documents, and the techni cal aspects of the DJI Inspire 1 UAS, Airborne Systems Consultants

, INC submits that safety will not be adversely affected by granting exemp tion from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and26

(a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 1 1062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modern ization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, Airborne Systems
Consultants

, INC requests that the FAA prescribe special conditions for the
intende d operation of the DJI Inspire 1 UAS, which contain such safety standards
that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & ( b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for consider ing whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements t hat must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, fo r operation of the DJI Inspire 1 UAS, since the airworthiness regulations
of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following:

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

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Inspire 1 UAS, which contain such safety stan dards that the Administrator finds27

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a nd 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Airborne Systems Consultants , INC Seeks Exemption:

Airborne Systems Consultants

, INC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Airborne Systems Consultants , INC Seeks:
This exemption will permit Airborne Systems Consultants

, INC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support Airborne Systems Consultants
, INC Request.

This Petition is made purs uant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Airborne Systems Consultants

, INC request for exemption may be granted pursuan t to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to
national sec urity; and further, provides the authority for such UAS to operate
without airworthiness certification.

As discussed in detail above, Airborne Systems Consultants

, INC will operate the

D JI Inspire 1 UAS safely in the NAS, without creating a hazard to users of the NAS

, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set for th herein, Airborne Systems Consultants

, INC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will per mit saf e operation of the DJI Inspire 1 UAS commercially, without an airworthiness certificate, for the limited purpose of28

conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator wil l be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, b y allowing Airborne Systems Consultants

, INC to safely, efficiently, and econom ically operate the Inspire 1 UAS commercial ly within
the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Se ct ion 333, Airborne Systems Consultants

, INC respectfully requests that the Administrator grant this Petition for an exemption from t he requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading E dge to operate the DJI Inspire 1 UAS commercially for the purpose of conducting aeria l video and photography over certain areas of the
United States.

Dated: January , 9 th 2016

Respectfully submitted,

Nicolae Enciu

CEO Airborne Systems Consultants

, INC

. 3 Dunwoody Park S (404)326

- 7558 nicholas.enciu@gmail.com

Appendices :

A

– Link to DJI Inspire 1 Manual

- Click on link below :

https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_en_v2.0_1218.pdf