Daniel Philgreen, TV Producer

Shell Point Retirement Community 

15101 Shell Point Blvd.

Fort Myers, FL 33908 

239-489-8436

danphilgreen@gmail.com

December 14, 2015

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Section 333 Petition to Operate Small Unmanned AerialSystems

Petition Summary

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 

112-95 (2012), 126 Stat. 11 ("Section 333") and the Federal Aviation Administration's 

("FAA") general exemption authority under 49 U.S.C. section 44701 (f), Shell Point 

Retirement Community ("Petitioner") hereby petitions for exemptions from 14 C.F.R Part 

21, Subpart H (Airworthiness Certificates), 14 C.F.R. Part 27 (Airworthiness Standards: 

Normal Category Rotorcraft), 14 C.F.R sections 61.113(a) and (b), 91.103(b)(1), 

91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

The proposed exemption, if granted, would allow Petitioner to conduct commercial 

operations of small unmanned aircraft systems ("UAS") meeting or exceeding all of the 

operational and safety requirements Congress has set forth in Section333.

Petitioner is a continuing care retirement community with a campus of approximately

400 acres and a daily, closed circuit TV show called Shell Point Today. The TV studio 

plans to exploit the capabilities of Unmanned Aerial Systems for:

-

- Aerial film-making and photography

- Construction site inspections and monitoring

 - Building maintenance inspections

- Aerial surveying

- Wildlife and forestry monitoring

- Educational and research operations
Statutory Authority

Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a 

mechanism for seeking expedited FAA authorization of safe civil UAS operations in the 

NAS. Section 333(a) states that the FAA "shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before completion of the 

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the 

guidance required by section 334 of this Act." In Section 332(b)(1), Congress made it 

clear that Section 333 provides a mechanism for "expedited operation authorization" if 

several factors are met. Petitioner meets all requirements to permit FAA approval of 

commercial UASoperations.

The Petitioner Requests Relief From the Following:

Part 21 prescribes, in pertinent part, the procedural requirements for issuingand 

changing design approvals, production approvals, airworthiness certificates, and 

airworthiness approvals.

Section 61.113(a) and (b) prescribes that-

(a) no person who holds a private pilot certificate may act as a 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 ofan 

aircraft in connection with any business or employmentif:

(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.

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless thereis 

available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before 

beginning a flight, become familiar with all available information concerning that flight, to 

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 distanceinformation:
(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight 

Manual containing takeoff and landing distance data is required, the 

takeoff and landing distance data containedtherein;

(2) For civil aircraft other than those specified in paragraph 

(b)(1) ofthis section, other reliable information 

appropriate to the aircraft, relating to aircraft 

performance under expected values of airport elevation 

and runway slope, aircraft gross weight, and wind and

temperature.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes:

 a)Anywhere. An altitude allowing, if a power unit fails, an emergency

landing without undue hazard to persons or property on thesurface.

 b)Over congested areas. 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; and

(2) A powered parachute or weight-shift-control aircraft may be operated at 

less than the minimums prescribed in paragraph (c) of this section.

(3) Section 91.121 requires, in pertinent part, each person operating an

aircraft to maintain cruising altitude by reference to an altimeter that

is set "to the elevation of the departure airport or an appropriate

altimeter setting available before departure."

Section 91.151 (a) prescribes that 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; or (2) At night, to fly 
after that for at least 45minutes.

Section 91.405(a) requires, in pertinent part, that an aircraft 

operator or owner shall have that aircraft inspected as 

prescribed in subpart E of the same part and shall, between 

required inspections, except as provided in paragraph (c) of 

the same section, have discrepancies repaired as 

prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any 

person from operating an aircraft that has undergone 

maintenance, preventative maintenance, rebuilding, or 

alteration unless it has been approved for return to service 

by a person authorized under § 43.7 of the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no 

person may operate an aircraft unless, within the preceding

12 calendar months, it has had an inspection for the 

issuance of an airworthiness certificate in accordance with

part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part,

that-

(a) Each registered owner or operator shall keep 

the following records for the periods specified 

in paragraph (b) of this section:

(1) Records of the maintenance, preventative 

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;

and

(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 status 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 including, 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 paragraph 

(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.

Unmanned AircraftSystem

The petitioner states that the unmanned aircraft (UA) to be operated under this 

request is less than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, 

carries neither a pilot nor passenger, carries no explosive materials or flammable 

Liquid fuels, and operates exclusively within a secured area as set out in the Pilot 

Training Guide.

The craft to be utilized is the Inspire 1 manufactured by DJI. The quadcopter has 

4 motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground 

control.

In addition, the craft has integrated safety features built into the design 

of the UAS, as described in the Pilot Training Guide, to ensure the 

safety of persons and property within and surrounding the limited

operating area. The petitioner further describes that, in the event the 

UAS loses communications or its GPS signal, the UA will have the 

capability to return to a pre-determined location within the Security

Perimeter and land. It will also have the capability to abort a flight in the 

event of unpredicted obstacles or emergencies.

Petitioner's UAS will be identified by serial number, registered in

accordance with 14 C.F.R. Part 47, and have identification (N-Number)

markings in accordance with 14 Part 45, Subpart C. Markings will be 

as large as practicable.

Pre-flight Inspection,Maintenance

Before each flight the PIC will perform a series of pre-flight and takeoff 

checks as defined by the Pilot Training Guide supplied. After each 60

minutes of airtime, the craft will undergo a thorough inspection of all 

aircraft components, including, but not limited to:

a. Actuators I Servos

b. Motors,wiring and connectors

c. Propellers, smooth, no chips
d. Electronic speed controller, wiring and connectors

e. Batteries, wiring andconnectors

f. Remote command and control

g. Ground control station

UAS OperatingParameters

The petitioner states that all flights will be operated within visual line of

sight (VLOS) of pilot, in daytime VFR flight conditions and all operations

will be conducted with theassistance of a second spotter/observer. The 

UAS flights will be limited to a maximum altitude of 400 feet AGL. Altitude 

is accurately measured by GPS and barometer. The petitioner further 

states that an operator will ensure that only consenting production 

personnel will be allowed within 100 feet of the UA operation, and UAS will 

be kept at least 100 feet from any inhabited structure. Generally the 

petitioner's UAS will be operated in rural or suburban areas that will permit

significantly larger safety zones.

Flight Standards District Offices (FSDOs) will be notified as required prior to operations 

to describe intended coordination for proposed operation(s). Petitioner will obtain an Air 

Traffic Organization ("ATO") issued Certificate of Waiver or Authorization ("GOA") prior 

to conducting any operations under this grant of exemption. In fulfilling its requirements 

under the GOA, Petitioner will be required to request a NOTAM not more than 72 hours 

in advance, but not less than 48 hours prior to the operation Petitioner's UAS will remain 

clear and yield the right of way to all manned operations and activities at all times 

(including, but not limited to, ultralight vehicles, parachute activities, parasailing 

activities, and hangliders). Petitioner will not conduct UAS operations within 5

nautical miles of the geographic center of a non-towered airport unless a letter of 

agreement with that airport's management is obtained and the operation is conducted in 

accordance with a Notice to Airmen ("NOTAM").

Pilot in Command (PIC)

Regarding Petitioner's requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will 

comply with the other applicable procedures and requirements stated in § 91. 1 03(a) 

and (b). Specifically, the PIC will take all actions including reviewing weather, flight 

battery requirements, aircraft performance data, and landing and takeoff distances 

before initiation of a flight. The PIC will also account for all relevant site-specific 

conditions in their preflight procedures. Risks presented by sun glare will bemitigated 

by the PIC's and VO's ability to see other air traffic and initiate a return-to-home 

sequence if needed.
Radio Frequencies

Radio frequencies used will be those allotted by the FCC for data transmission and 

vehicle control in unlicensed frequency bands. All devices used will comply withFCC 

usage and emissions regulations.

Safety and Benefits of the UAS

The petitioner will be using the UAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles 

offer many benefits over the use of full-sized manned aircraft, which this organization 

has traditionally done on a regular basis, for film and still photography and site 

documentation. Besides the cost savings over using full-sized aircraft, the 

environmental impact will be lower with a no-emissions vehicle and the noise and 

disruption to the community caused by a low-flying helicopter will be virtually eliminated.

Replacing significantly larger manned aircraft carrying crew and flammable fuel with 

small UAS carrying no passengers or crew creates a much greater margin of safety for 

the pilots and crew.

By granting Petitioner's requested exemptions, the FAA will help drive development of 

safe and successful commercial UAS operations and will advance the public knowledge 

base for such operations. Petitioner is committed to promoting the UAS research efforts 

of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its 

commercial UAS operations and serving as a resource for future UAS research 

operations. Thus, the FAA has good cause to grant thisPetition.

Conclusion

For the foregoing reasons, the exemptions requested herein should be granted and 

Petitioner should be permitted to conduct small UAS operations in accordance with its 

manuals and all other operating parameters deemed necessary and appropriate by the 

FAA.

Sincerely,

DanielPhilgreen

Shell Point Retirement Community