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Gulf	Coast	Aerial	Photography

J.	Austin	Freeman

P.O.	Box	980843

Houston,	Texas	77098

austin@gulfcoastaerialphotos.co

November	4nd,	2015

FAA

U.S.	Department	of	Transportation,	Docket	Operations

West	Building	Ground	Floor,	Room	W12-140

1200	New	Jersey	Avenue,	SE

Washington,	DC	20590

Dear	Sir	or	Madam:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	“Reform	

Act”)	and	14	C.F.R.	Part	11,	Gulf	Coast	Aerial	Photography	seeks	an exemption	from	the

following Federal	Aviation	Regulations	(”FARs”)	to	allow	business	use	(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.

UA	Systems	Proposed

• DJI	Phantom	3	Professional	- A battery	operated,	lightweight	quadcopter	that	takes	

off	and	lands	vertically.	Additional	equipment	includes:

o Sony	EXMOR	1⁄2.3”	UHD	Camera

o DJI	Phantom	3	Intelligent	Flight	Battery

o Flight	computer	with	GPS	navigation	and	location	ability	that	receives	signals	

for	flight	controls	from	a	ground-based	transmitter/controller

o Radio	transmitter	that	transmits	live	video	from	the	on-board	camera, as	

well	as	all	flight	data,	including	altitude,	speed,	and	location	in	relation	to	

launch	site

• DJI	Phantom	2	Vision	– A	battery	operated,	lightweight	quadcopter	that	takes	off	

and	lands	vertically.	Additional	equipment	includes:

o Integrated	1⁄2.3”	HD	Camera

o DJI	Phantom	2	Intelligent	Flight	Battery

o Flight	computer	with	GPS navigation	and	location	ability	that	receives	signals	

for	flight	controls	from	a	ground-based	transmitter/controller

o Radio	transmitter	that	transmits	live	video	from	the	on-board	camera,	as	

well	as	all	flight	data,	including	altitude,	speed,	and	location	in	relation	to	

launch	site
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• Ground	Based	Operations	will	include:

o A	Pilot in	Command	(PIC)	in	operational	control	of	the	

flight	from	beginning	to	end,	including	while	the	UAS	is	

in	the	air

o A	DJI	remote	controller	will	allow	the	operator	to	send	flight	commands	to	

the	UAS.	The	controller	will	be	connected	to	a	Nexus	7	tablet,	which	receives	

all	real	time	flight	data	as	well	as	a	live	video	feed	from	the	on-board	camera

o An	additional	person	will	act	as	a	Visual	Observer	(VO)	and	provide	a	second	

pair	of	eyes	to	track	the	UAS	while	in	flight

The	requested	exemption	would	additionally	support	an	application	for	a commercial	

Certificate	of	Authorization	(COA)	to	use	the	above-described systems	to	support	aerial	

photography	and	videography,	primarily for	real	estate	property,	special	events,	golf	

courses,	and	for	post-disaster	damage assessment	surveying.

The	UAS,	powered	by	batteries,	is	smaller,	lighter,	and	more	maneuverable	than	a	larger	

aircraft	running	on	combustible	fuel.	It	operates	as	lower	altitudes	with	no	people	on	

board,	and	will	thereby	reduce	current	risk	levels,	enhance	safety,	and	diminish	the	

likelihood	of	serious	bodily	injury	or	death.	With	a	minimal	payload	and	a	maximum	flight	

time	of	only	approximately	23	minutes,	this	offers	little	to	no	risk	to	national	security.

Aerial	photography	and	videography	is	far	more effective	for	displaying	characteristics	of	

large	commercial	properties,	as	well	as	creating	a	unique	experience	for	special	events.	

Utilizing	the	UAS	to	capture	videos	and	images	of	golf	courses,	as	well	as	other	areas	will	

help	to	produce	more	accurate	maps	and	give	golfers	a	new	perspective	of	the	course.	

Helicopters	or	small	planes	can	be	used,	but	are	far	more	expensive	and	cannot	fly	as	low.	

The	benefits	of	reduced	cost	and	improved	quality	of	presentation	from	the	UAS	will	

benefit	many	different	industries	and	citizens,	including	government	agencies	in	need	of	

updated	maps.	

In	addition,	we	would	like	to	request	that	we	be	allowed	to	use	our	systems	to	benefit	first	

responders	nearby	who	may	require	assistance,	including	firefighters,	police,	sheriffs	

departments	and	the	like	while	remaining	subject	to	all	limitations	cited	in	this	application.	

Conditions	and	Limitations

• The	UAS	shall	be	operated	in	the	daytime	only

• The	UAS	shall	be	operated	by	a	visual	line	of	sight	(VLOS)	at	all	times

• A	visual observer	(VO)	maintaining	a	VLOS	will	be	utilized	at	all	times

• The	UAS	will	have	an	altitude	restriction	of	400’	AGL

• The	UAS	shall	remain	within	1000’	horizontal	distance	of	the	PIC	at	all	times

• The	UAS	will	not	be	operated	at	a	speed	exceeding	30	knots

• Operations	documents	will	be	accessible to	the	PIC	at	all	times	and	must	be	

accessible during	UAS	operation	and	made	available to	the	Administration	upon	

request.	
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• An	operational	flight	test	is	required	after	any	maintenance	or	

alterations	that	may	affect	UAS	operation	or	flight

• PIC	must	inspect	and	insure	the	system	is	in	airworthy	condition	prior	to	each	

operation.	If	the	system	is	determined	to	be	non-airworthy,	all	operations	will	be	

suspended	until	necessary	maintenance	has	been	preformed	and	the	UAS is	

determined	to	be	in	safe	condition	for	flight

• UAS	maintenance	must	follow	manufacturers	aircraft	and	component,	maintenance,	

overhaul,	and	replacement,	inspection,	and	life	limit	requirements

• The	operator	must	carry	out	its	maintenance,	inspections,	and	record	keeping	

requirements,	in	accordance	with	the	operating	documents.	Maintenance	and	

inspection,	and	alterations	must	be	noted	in	the	aircraft	records,	including	total	

flight	hours	and	description	of	work	performed

• UAS	must	be	operated	by	a	PIC	possessing	at	least	a	private	pilot	certificate	and	at	

least	a	current	Third	Class	Medical

• All	operations	will	stay	within	Class	G	airspace

• No	operations	will	come	within	5	nautical	miles	of	an	airport

• No	operations	will	occur	from	a	moving	platform

• The	UAS	will	not	operate	any	closer	than	100’	to	any	structure,	vessel,	vehicle,	or	

person	without	permission	from	the	appropriate	party

• The	UAS	will	be	limited	to	30	minutes	of	flight	time	or	30%	battery	power,	

whichever	occurs	first

Requested	Exemptions

14 C.F.R Part Summary of Regulation Proposed	Action

21, Subpart H Airworthiness	Certification In consideration of the size, weight, speed,

and limited operating area associated with

the aircraft and its operation, the FAA has

previously held that this aircraft meets the

conditions of Section 333, therefore,

requested relief from 14 CFR part 21, and

any associated noise certification and

testing requirements of part 36, is not

necessary.

45.23(b) Display of Marks Gulf	Coast	Aerial	Photography’s SUAS shall

be identified by serial number and N---

number, in markings as large as practical

given the small size of the aircraft.

However, the 2 inch minimum set forth in

this rule is impractical, therefore relief is

requested.
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61.23(a)

61.101(e)(4&5)

61 113(a) & (b)

61.133(b)

61.315(a)

Certification: Pilots, Light

Instructors and Ground

Instructors

In previous petitions for exemption, the

		FAA has held that a PIC of an SUAS

		holding at least a Sport Pilot certificate

and a U.S. Driver’s License, or greater

medical certification, would not

adversely affect safe operations within

the NAS or present a hazard to people or

structures on the ground. Relief, subject

to the limitations provided in this

document, is requested.

91.7(a) Civil Aircraft Airworthiness Prohibits	the	operation	of	an	aircraft	

without	an	airworthiness	certificate.	Gulf	

Coast	Aerial	Photography	requests	

exemption	based	on	previous	exemption	no.	

11845.	The	FAA	has	ruled	that	this	make	

and	model	of	aircraft	(UAS)	does	not	

require	an	airworthiness	certificate.

91.9(b)(2)	&	(c) Civil	aircraft	flight	manual,	

marking,	and	placard	

requirements

Gulf	Coast	Aerial	Photography shall	provide	

a	current	SUAS	Flight	Manual,	and	

operational	instruction	material	at	the	

location	of	the	PIC	and/or	Ground	Station.	

The	FAA	has	previously	determined	that,	

given	this,	relief	from	this	requirement	is	

not	necessary.

91.103 Preflight	Action No	approved	Aircraft	Flight	Manual	on	

board	the	UAS.	Gulf	Coast	Aerial	

Photography	asserts	than	an	equivalent	

level	of	safety	will	be	achieved	by	the	PIC	

taking	all	pre-flight	actions	set	forth	in	the	

operating	documents	including	weather,	

flight	battery	requirements,	landing	and	

takeoff	distances	and	aircraft	performance	

data	before	initiation	of	each	flight.

91.105 Flight	Crewmembers	at	Stations No	human	will	be	aboard	the SUAS	

operated	by	Gulf	Coast	Aerial	Photography,

however,	the	FAA	has	held	in	previous	

petitions	that	relief	is	not	necessary.

91.109(a) Flight	Instruction Gulf	Coast	Aerial	Photography will	conduct	

flight	training	in	accordance	with	the	

guidance	and	limitations	offered	in	this	

document,	as	well	as	the	Operations	&	

Flight	Manuals	attached	as	appendices	to	

this	document.	The	FAA	has	held	in	

previous	petitions	that	relief	is	not	

necessary.
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91.119 Minimum	Safe	Altitudes States	that	no	person	may	operate	an	

aircraft	below	the	following	altitudes:	over	

other	than	congested	areas,	an	altitude	of	

500’ above	the	surface,	except	over	open	

water	or	sparsely populated	areas.	In	those	

cases,	the	aircraft	may	not	be	operated	

closer	than	500’ to	any	person,	vessel,	

vehicle,	or	structure.	Gulf	Coast	Aerial	

Photography	will	not	operate	any	UAS	over	

400’ AGL.	There	will	be	cases	when	the	500’

distance	from	structures will	need	to	be	

exempted.	(Example:	Aerial	video	or	photos	

of	a	home	to	show	details	of	a	newly	

installed	roof.)	In	this	type	of	operation,	

every	assurance	will	be	made	to	keep	

persons	outside	safe	and	clear	of	

operations.	Gulf	Coast	Aerial	Photography	

will	implement	procedures	and	policies	to	

ensure	that	any	person	in	the	general	

vicinity	of	operations	will	be	aware	of	such	

operations	and	ensure	that	all	non-essential	

personnel	are	cleared	of	the	area	of	

operations	to	the	extent	possible.

91.121 Altimeter	Settings Each	of	the	SUAS	Gulf	Coast	Aerial	

Photography proposes	to	operate	measure	

altitude	with	both	barometric	pressure	

sensors	and	GPS.	Prior	to	each	flight,	the	

barometric	altimeter	will	be	set	to	0ft	AGL	

instead	of	the	setting	of	the	nearest	

reporting	station.	Gulf	Coast	Aerial	

Photography holds	that	by	counting	altitude	

in	AGL,	zeroed	at	the	point	of	departure,	

will	ensure	conformance	to	the	COA	

restrictions	under	which	the	SUAS	is	

operating. Given	the	low	operating	altitudes	

of	system	and	operating	within	the	

proposed	restrictions,	relief	is	requested.

91.151 Fuel	Requirements	in	VFR	

Conditions

As	described	in	this	document,	the	SUAS	

Gulf	Coast	Aerial	Photography proposes	to	

operate	has total	endurance	of	between	20	

and	30	minutes.	Gulf	Coast	Aerial	

Photography will	ensure	missions	are	

conducted	with	sufficient	reserve	to	operate	

for	at	least	five	minutes	after	the	intended	

mission	is	complete.	The	short	flight	time	

makes	the	reserves	specified	in	91.151	

impractical	and	therefore	relief	is	

requested.
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91.203 Certifications	Required Gulf	Coast	Aerial	Photography will	place	

these	documents at	the	location	of	the	

ground	station	and/or	with	the	PIC.	The	

FAA	has	previously	held	that	this	is	

sufficient	to	provide	an	equivalent	level	of	

safety,	and	therefore,	relief	is	requested.

91.405

91.407

91.409

91.417

Maintenance	Required

		Operation	After	Maintenance

		Inspections

		Maintenance	Records

These	regulations	require	that	an	aircraft	

operator	or	owner	“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	repaired	as	prescribed	in	Part	

43	of	this	chapter...” and	others	shall	

inspect	or	maintain	the	aircraft	in	

compliance	with	Part	43.

Given	that	these	sections	and	Part	43	apply	

only	to	aircraft	with	an	airworthiness	

certificate,	these	sections	will	not	apply	to	

this	SUAS.	Maintenance	will	be	preformed	

by	the	operator	pursuant	to	the	flight	

manual	and	operating	handbook	as	

referenced	in	the	manual.	An	equivalent	

level	of	safety	will	be	achieved	because	the	

UAS	is	very	limited	in size	and	will	carry	a	

small	payload	and	operate	only	in	restricted	

areas	for	limited	periods	of	time.	The	UAS

will	be	operating	from	no	higher	than	400’

AGL,	and	should	any	mechanical	issues	

arise,	the	UAS	can	land	immediately.	As	

provided	in	the	Manual,	the	operator	will	

ensure	that	the	UAS	is	in	working	order	

prior	to	initiating	flight,	preform	required	

maintenance,	and	keep	a	log	of	any	

maintenance	preformed.	Moreover,	the	

operator	is	the	person	most	familiar	with	

the	aircraft	and	the	best	suited	to	maintain	

the	aircraft	in	an	airworthy	condition	to	

provide	the	equivalent	level	of	safety.	
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Summary	of	Exemption	Request	for	the	Federal	Register

In	accordance	with	14	C.F.R.	11.81	and	Section	333	of	the	FAA	Modernization	and	Reform	

Act	of	2012	(the	“Reform	Act”),	Gulf	Coast	Aerial	Photography	seeks	exemption	from	the	

requirements	of	14	C.F.R.	§§ Part	21,	Subpart	H,	45.23(b),	61.23(a),	61.101(e)(4&5),	

61.113(a)	&	(b),	61.133(b),	61.315(a),	91.7(a),	91.9(b)(2)	&	(c),	91.103,	91.105,	91.109(a),	

91.119,	91.121,	91.151,	91.203,	91.405,	91.407,	91.409,	and	91.417	to	operate	small	

unmanned	vehicles	weighing	55lbs	or	less	for	commercial	purposes.

Approval	of	these	exemptions	will	allow	Gulf	Coast	Aerial	Photography	to	conduct	safe,	

commercial	operation	of	small-unmanned	aircraft	for	the	purposes	of	aerial	photography,	

videography,	mapping,	inspections,	post-disaster	damage	assessment	surveying,	and	other	

flight	operations.	

Additionally,	we	are	prepared	to	modify	or	amend	any	part	of	this	request	to	satisfy	the	

need	for	an	equivalent	level	of	safety.	We	look	forward	with	working	with	your	office.	

Please	contact	us	at	any	time	if	you	require	additional	clarification	or	information.

Sincerely,

J.	Austin	Freeman

Owner /	President

Gulf	Coast	Aerial	Photography

P.O.	Box	980843

Houston,	Texas	77098

832-978-0034

austin@gulfcoastaerialphotos.co
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Compliance	with	14	C.F.R.	11.81

• 14.	C.F.R.	11.81(a)	– Published	on	Cover	Page

• 14.	C.F.R.	11.81(b)	– Please	see	“Requested	Exemptions”	on	pages	3-6

• 14.	C.F.R.	11.81(c) – Please	see	“Requested	Exemptions”	on	pages	3-6

• 14.	C.F.R.	11.81(d)	– Please	see	“UA	Systems	Proposed”	&	“Conditions	&	Limitations”	

on	pages	1-3

• 14.	C.F.R.	11.81(e)	– Please	see	“UA	Systems	Proposed”	&	“Conditions	&	Limitations”	

on	pages	1-3

• 14.	C.F.R.	11.81(f)	– See	“Summary	of	Exemption	Request”	on	page	6

• 14.	C.F.R.	11.81(g)	– Please	see	Appendices	1-4

• 14.	C.F.R.	11.81(h)	– Not	Applicable

Appendix	1:	DJI	Phantom	Operation	Manual

Appendix	2:	DJI	Phantom	Safety	Guidelines	

Appendix	3:	DJI	Intelligent	Flight	Battery	Safety	Guidelines

Appendix	4:	DJI	Phantom	2	Vision	Pilot	Training	Guide