Docket Operations, M

- 30: US Department of Transportation (DOT)

1200 New Jersey Ave, SE.,
Room W12

- 140, West Building ground Floor Washington DC, 20590

- 0001

July 21, 2015

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Phantom Aerial, LLC, operator of Unmanned Aircraft Systems ("UAS") for the purposes of photography, videography, real estate, property inspection, inspection of infrastructure, emergency response operations, marketing, film and television, event promotion and a variety of other industries hereby applies for an exemption for the listed Federal Aviation Regulations to allow commercial operation of its UAS’s, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of small UAS under
controll ed conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe operations in the industries presently using conventional aircraft. Approval of this exemption would there by enhance safety and fulfill the FAA Administrator’s responsibilities to “establish requirements for the safe operation of such aircraft systems in the NAS.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Phantom Aerial, LLC
Shane Nelson
Ph one : (231) 342

- 5618 Email: phantomaerial@gmail.com
Address: 10737 S Timberlee Dr. Traverse City, MI 49684

Sincerely,

Shane Nelson Phantom Aerial LLC, MemberBACKGROUND INFORMATION

Phantom Aerial, LLC was specifically started to help local residences and businesses to take advantage of new drone aerial photography technology to increase the safety and efficiency of aerial image and data
capture.

SCOPE OF INTENDED OPERATIONS

We are specifically targeting the use of aerial drone ph otography technology for the purposes of
infrastructure inspection , equipment and land inspection

, aerial photography, videography and cinematography, marketing (for real estate, vineyards, golf and ski resorts, local and state government, etc.) and spe cial event promotion.

GRANTING AN EXEMPTION WILL NOT ADVERSLY AFFECT SAFETY

Phantom Aerial, LLC will operate small UAS’s in a safe and responsible manner . Our PIC personnel will have a private or commercial pilot’s license or a sports pilot certificate and will abide by all regulations under our granted Section 333 exemption and be familiar with all regulations and provisions of Title 14 of the Code of Federal Regulations as well as developing a strict operations ma nual for the PIC and
maintenance staff . All craft will have a preflight inspection by the PIC and VO as a redundant check to sure the UAS is flight worthy before takeoff. The UAS s will be flown at low enough altitudes and in safe
conditions to not interf ere with other flying craft. The PIC and VO will maintain a VLOS at all times to reduce the risk of potential accidents. Special care will be taken to secure the flight path and below the flight path of the UAS are clear of all people not involved with t he UAS flight.

The DJI Phantom 1 and DJI Inspire 1 are small UAS’s th at weigh in under 7lbs and operating with a lithium ion battery power source as opposed to the traditional aerial photography method of using larger manned aircraft with the capability to hold more than 100 gallons of flammable, explosive gasoline and weighing a quarter ton and higher.

14 C.F.R. Part 21, Subpart H: Air worthiness certificates 14 C.F.R. Section 91.203 (a) (1)

 Establishes: The procedural requirements for the issuance o f airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1)Given the size and limited operating area associated with aircraft to be utilized by the Applicant, an

exemption from Part 21 Subpart H meets the requirements of an equivalent level of sa fety under Part 11 and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, proximity to airports and populated areas of the particular UAS . In all cases, an analysis of these criteria
demonstrates that the UAS operated without an airworthiness certificate, in a restricted environment and under the conditions proposed will be at least as safe, or sa fer, than conven tional aircraft operating with an airworthiness certificate without the retractions and conditions proposed. The UAS to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flamm able materials liquid fuels, and operates exclusively within a secured area as set forth in our S.O.P. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and, pursuant to the requireme nts, and in compliance to local public safety requirements, to provide security of the area of operation as is now done with conventional flag man. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application
of these same criteria demonstrates that there is no credible threat to national sec urity posed by the

UAS , due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. Section 45.23 (b). Marking of the aircraft the regulat ion requires :

 When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on t hat aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

Even though the UAS wi ll have no airworthiness certificate, and exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "experimental" can be placed. Given the size of the UAS , the two inch lettering will be impossible. The word "experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on it fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation; Exemptions Nos. 10700, 8738, 10167A.14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges an d Limitations: Pilot in Command:

 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment o

 14 C.F.R. § 61.133: (a) Privil eges

– (1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

– (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter th at apply to the operation.

Pilot in Command. Sections 61.113 (a) & (b) limit pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a minimum of a Sport Pilots Certificate rather than have a Commercial Pilots Certificate to operate this small UAS. Unlike a conventional aircraft that carries a pilot and passengers, the UAS is remotely controlled with no living thing onboard. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth by in the S.O.P. The level of safety provided by the requirements
included in the S.O.P exceed s that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the s UAS are so diminished from the level of risk associated with the operation of commercial ope rations contemplated with Part 61 when drafted, that allowing operations of the UAS as requested with a recreational Sport Pilot as the PIC exceeds the present level of safety achieved by 14 C.P.R. §61,113 (a) & (b).

14 C.F.R. §91.7 (a): Civil Aircraft Ai rworthiness

.

 No person may operate a civil aircraft unless it is in an airworthy condition

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airwor thiness. Given the size of the aircraft and the requirements contained in the SOP for maintenance and the use of safety check lists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manua l in the Aircraft Section 91.9 (b) (2) provides:

 (b)(2) prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placar ds, or any combination thereof.

The UAS , given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot onboard, but because there is no room or capacity to carry
such an item on t he aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have access to it. The FAA hasissued the following exemptions to this regulation: Exemption Nos. 86 07, 8737, 8738, 9299, 9299A,

9565, 9565B, 10167, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

 Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This informatio n must include

—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeo ff and landing distance data is required, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating t o aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

This regulation requires each pilot in command to take certain actions before flight to insure the safety of the flight. A s the FAA approved rotor craft flight manuals will not be provided as set forth in sections of the S.O.P., the PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data b efore initiation of flight.

14 C.F.R. 91.109(a)

– Flight Instruction

 No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

The majority of UAS by design are developed with single operational control through the use of pre

determined GPS enabled waypoints programmed before or during flight in 5 addition to the use of a single hand held transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency. An equal level of safety will be achieved by conducting all training
in stile environment. Training sessions will be accomplished separately from flights conducted for compensation or hire.14 C.F.R. §91.119: Minimum safe altitudes

 Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (b) Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may be operated 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 specifically prescribed for helicopters by the FAA.

Section 91.119 (d) allows helicopters to be ope rated at less than the minimums prescribed provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As exemption is for the UAS that is a helicopter and the exemption requests authority to ope rate at altitudes of up to 400 AGL for rotorcraft and 1000 AGL for fixed

- wing, or not more than 200 above an elevated platform such as manmade structures and radio towers, an exemption may be needed to allow such operations. As set forth by herein, except for the limited conditions stated in the SOP, the UAS will never operate higher than 400 AGL for rotorcraft and 1000 AGL for fixed

- wing. It will however be operated in a restricted area with a security perimeter, where buildings and people will not be exp osed to operations without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property own er or local officials. Because of the advance notice to the property owner and participants in the activity, all affected individuals will be aware of the planned flight operations as set forth in the SOP. Compared to flight operations with aircraft or rot orcraft weighing far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those currently presented with conventional aircraft operating at or below 500 AGL. In addition, th e low

- altitude operations of the UAS will ensu re separation between these UAS operations and the operations of conventional aircraft that must comply
with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

 Each person operating an aircraft shall maint ain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating...

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An eq uivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.14 C.F.R. §91.151(a): Fuel Requirements for Flight in V FR Conditions

 No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

— (1) During the day, to fly after that for at least 30 minutes;

DJI Phantom 1 and DJI Inspire 1 do not use fuel. However, operators will prepare to land when battery falls below 25% and before 20% is reached. PIC(s) will conduct a weather brief before each flight and UAS will not be operated below VFR conditions.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it ha s within it the following:

(1) An appropriate and current airworthiness certificate...

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

The UAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or display them on the UAS

. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them; to the extent they are applicable to
the UAS . The FAA has issued numerous exemptions to this regulation. A representative sample of other exempti ons includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9816A, 10700.

14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b) : Maintenance Inspections

 91.405(a) States: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as

presc ribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.

 91.407(a)(1) States: (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.

 91.409(a)(2) States: (a) Except as provided in paragraph (c) of t his section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragrap h (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized toperform annual inspections and is entered as an ‘‘annual’’ inspection in the required

maintenance records.

 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i

– vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1

– 3)

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the application. Maintenan ce will be accomplished by the operator pursuant to the flight manual and operating checklist. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted ar eas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating no higher than 400 feet AGL for rotorcraft and 1000 AGL for fixed

- wing. As provided in the SOP, the operator will ensure that the UAS is in worki ng order prior to initiating flight, perform required maintenance, and keep a log of any maintenance preformed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provi de the equivalent level of safety. 8 Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C. F.R. §21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. §§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);91.103 (b); 91.109; 91.119;91.121;91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in the Agricultural 3d Mapping Service Operations, Oil and Gas Exploration and Pipeline Inspection.

Approval of exemptions allowing commercial operations of UAS s in the photography, videography, real estate, property insp ection, inspection of infrastructure, emergency response operations, marketing, film and television, event promotion and a variety of other industries will enhance safety by reducing risk. Conventional operations using jet or piston aircraft operate at ext remely low altitudes just feet from the equipment and livestock and structures and present the risks associated with vehicles that weigh in the neighborhood of 3,000

- 5,000 lbs. This equipment can carry large amounts of jet A or other fuel. Helicopters oper ate with 140 gallon fuel in their tanks in most operations which could be a significant risk to the environment. The UAS will carry no passengers or crew and therefore will not expose them to the risks associated with manned aircraft flights.

The operatio ns of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the Part 21 and allowing commercial operations. These lightweight UAVs operate at slow speed s, close to the ground and in sterile environment and as a result are far safer than conventional operations conducted with a piston and or turbine aircraft operating close to the ground.Public Acknowledgement/Privacy

All Flights will occur only once the property owner has authorized operations to be conducted. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to populated areas and or close proximity to airports and opera tions within visual line of sight provides more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's UAS in the commercial industry described in this exemption petition.

Very Respectfully

,

Shane Nelson , Member
Phantom Aerial LLC

# Appendix 1

Ma nuals

Links have been provided to the manual listed below for immediate access

.

Phantom 1

 Phantom 1 Operators Manual

 Battery and Charger Instruction

Inspire 1

 Inspire 1 User Manual

 Inspire 1 Safety Guidelines

 Inspire 1 Intelligent Flight Battery Safety Guidelines

 Inspire 1 Maintenance Manual

# Appendix 2

Missions Checklist

Arrival Checklist 1. If day and operating out of back of vehicle, point vehicle into sun. 2. Remove case and place on level
surface. 3. Check distance to nearest airport and/or controlled airspace using smartphone or tablet app. 4. If required, use VHF aviation transceiver, to contact tower of field if
closer than 5 NM. 5. Inform tower / CTAF of UAS ops, location, and max height of flight. 11. UAS Battery

- On
12. Wifi Connection to Monitor

- Verified 13. DJI Application

- Load 14. DJI application

- Connect to Camera
15. SD Card

- Format
16. Camera

- Full Up
17. Satellite Connections

- Verified 18. Charge Levels

- Safe for Fl ight 19. Video Recording

- Start 20. Takeoff

Preflight Checklist
1. Remove transmitter.
2. Router

- On
3. Transmitter

- On 4. Toggle Switches

- Full Up
5. Video Monitor

- On
6. Remove UAS from case. 7. Gimbal Lock & Lens Cap

- Removed
8. Micro

- SD card

- Inserted. 9. UAS Battery

- Inserted
10. Place UAS in clear and safe launch and recovery position if it returns to
home. After Takeoff Checklist 1. Hover approximately ten feet above the ground to confirm UAS is under
control. 2. All sticks operate correctly while in
hover

– Verified

Pre

- Landing Checklist
1. Camera

- Full Up
2. Video Recorder

- Stop 3. Landing Zone

- Clear / Safe

Post

- Landing Checklist

- Returning to Flight Immediately 1. Battery

- Remove & Replace
2. Wif i Connection to Monitor

- Verified 3. DJI application

- Connect to Camera
4. Takeoff

End of Ops Checklist

1. Battery

- Off

2. Transmitter

- Off

3. Router

- Off

4. Notify Tower/CTAF

- End of Ops