Petition for Exemption 14 CFR § 11.81 Section 333

From:

Darrel Gilbertson

Plane Connection LLC

DBA: Plane Connection

403 Briarwood Lane

New Bern, NC 28560

252­745­1219

dgilbertson@planeconnection.com

To:

Federal Aviation Administration

U.S. Department of Transportation,

Docket Operations

West Building Ground Floor, Room W12­140 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 CFR Part 11, Plane Connection LLC, DBA “Plane Connection,” hereby applies for an

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation

of designated UAS, provided such operations are conducted within and under the conditions

outlined herein or as may be established by the FAA as required by Section 333. Plane

Connection is an aviation company working currently with manned aircraft under Part 91 and

has a Part 135 application pending.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and

sensors, would provide professional services in the following areas:

1. Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public

events, cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the

owners or local governmental authority.
4. Aerial inspection/photography of residential/commercial utility infrastructure including but

not

limited to electrical power lines, wind turbines and cell towers.

5. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation.

6. Training to persons individually or belonging to both private and/or public organizations to

increase awareness and improve safety for current and future UAS operations within the NAS.

As described fully below, the requested exemption would permit the operation of designated

UAS as set forth in this document under controlled conditions in the NAS that would be a)

limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase

public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of

Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the

safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Plane Connection LLC, DBA “Plane Connection”

Darrel Gilbertson ­ Director of Operations

Ph: 252­745­1219

Email: dgilbertson@planeconnection.com

Address: 403 Briarwood Ln New Bern, NC 28560

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)
Plane Connection LLC, DBA “Plane Connection”, will operate one or more of the following

UAS models: Bearospace Gemini V­2 UAS and DJI Phantom 2 UAS

The Bearospace Gemini V­2 sUAS specifications are as follows:

WINGSPAN: 126 INCHES

WING ASPECT RATIO: 10.77 / 1

AIRFOIL: HIGH LIFT / MAX CO­EFFECIENT OF LIFT: 1.5

WING AREA: 1488 INCHES SQ.

AIRFRAME STRUCTURE APPROX WEIGHT: 4 LBS, 9 OZ

EMPTY WEIGHT: 7 LBS

MAXIMUM GROSS WEIGHT: 20.75 LBS

WING LOADING: 23­32 OZ. ­SQ. FT ­ 71­98 SQ. D.M.

DURATION : Up to 4 HRS

RANGE: Up to 7MILES DISTANCE WITH L.R.S.

DISTANCE: APPROX 99 MILES LINEAR

CRUISING SPEED: 20­40 MILES PER HR

STALL SPEED AT MAX GROSS WEIGHT: 22 MPH

BEST LOITER SPEED: 26 MILES PER HR

BATTERY: Proprietary lithium pack 64 Ah

AMP DRAW AT 26MILES PER HR: 13.5 ­17AMPS depending on PAYLOAD/BATT.

POWER: 2X E­FLITE POWER 15 BRUSHLESS ELECTRIC

PROPS: 13 X 8 APC THIN ELECTRIC 2 BLADE

PROP CONFIGURATION: COUNTER/ROTATING INWARDS

SPEED CONTROLLERS: PHOENIX EDGE 50 AMP +

SERVOS: HS 225 METAL GEAR TYPE

WHEELS: 3"NOSE AND 3.25" MAINS

The DJI Phantom 2 sUAS specifications are as follows:

Size 14inches in Diameter including propellors

Weight under 4lbs with camera mounted

Transmitter operating frequency is 5.728GHz-5.8GHz.

Range Extender that operates at 2412­2462MHz.

Travel speed of up to 34mph

Communication Distance of 985 Feet with Rage Extender

Installed Software:

Virtual Radar aircraft locator

GPS auto­pilot system for position holding, provides altitude lock along with stable

hovering and GPS return to take off if communication is broke or low battery is detected

Given the small size of the UAS in scope and the controlled environment provided, the

proposed operations will adhere to the Reform Act’s safety requirements. The approval of this

application presents no national security issues. Regarding the level of safety surrounding the
proposed operations and the public benefit, reduction in environmental impacts, including but

not limited to reduced emissions and noise, the grant of the requested exemption is in the public

interest. Accordingly, the applicant graciously requests that the FAA grant the requested

exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because

operations will further enhance the safety of the persons and/or property using conventional

aircraft. These limitations and conditions to which the applicant agrees to adhere to when

conducting commercial operations under the FAA issued exemption include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery

and camera.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no

more than 70 MPH.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual

Observer (VO).

4. Flights will be terminated at 25% battery power reserve.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL)

and not more than 200 feet above an elevated platform from which filming is planned.

6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual

Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a

minimum of 20 hours on the designated UAS.

8. All UAS will be inspected prior to every flight for safe operation including but

not limited to battery condition, operations of electric motors, propellers, gps system, radio

Controller Systems. The PIC will check NOTAMS, TFR’s and weather as part of the pre­flight

action. A safety briefing will be performed prior to each day’s flights consisting of all the day's

planned activities and applicable emergency procedures.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a 5 mile radius of the geographic

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will file FAA Form 7711­1, or its equivalent, as modified in light of the

requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more

than 72 hours but no less than 48 hours from planned operation.

14. The operator will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the flight

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety
determination. With the advanced permission of the FSDO, operations at closer range may be

approved.

15. The PIC and VO will meet or exceed the FAA minimum qualifications for that operation in

addition to having been trained in operation of UAS and receive up to date information for the

particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. Written and/or verbal permission and permits will be obtained from territorial, state, county

or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies

as appropriate for flight operations.

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS

will have the capability to return to a predetermined location within a designated location and

land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an automated

“Return Home” and “Land” function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather,

or emergencies such as low battery.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Plane Connection LLC submits that grant of this exemption application for use of the sUAS in

precision aerial surveying, inspection, videography and photography will advance the

Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of UAS’s

into the national airspace system (“NAS”) if it can be accomplished safely. This law directs the

Secretary of Transportation to consider whether certain UASs may operate safely in the NAS

before completion of the rulemaking required under Section 332 of the Reform Act. In making

this determination, the Secretary is required to determine which types of UASs do not create a

hazard to users of the NAS or the public or pose a threat to national security in light of the

following:

● The UAS’s size, weight, speed, and operational capability;

● Operation of the UAS in close proximity to airports and populated areas;

● Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under

§40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

The grant of the requested exemption is in the public interest based on the clear direction in
Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended;

the strong equivalent level of safety surrounding the proposed operations; and the significant

public benefit, including enhanced safety and cost savings associated with transitioning to UAS’s

for aerial surveying, photography, inspection and videography. Accordingly, the applicant

respectfully requests that the FAA grant the requested exemption without delay as these are

services desperately needed in the California area due to drought issues. Grant of the exemption

to Plane Connection will be subject to the following mandatory conditions, which are based upon

operating conditions set forth for operation of UAS by public entities pursuant to Certificates of

Authorization, with additional restrictions:

● All operations to occur in Class G airspace

● Operations to avoid congested or populated areas, which are depicted in yellow on VFR

charts

● Operations to be conducted over private or controlled access property

● Permission from land owner/controller required before commencing any flight

● Operations to occur during Visual Flight Rules Meteorological Conditions (VMC)

● Aircraft to remain within Visual Line of Sight (VLOS)

● Operations to occur during daylight hours

● Above Ground Level (AGL) altitude to be restricted to 400 feet

● All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline

azimuth of runway centerline measured from runway thresholds

● All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental

agencies

Additional Safety Factors

Certain UASs, such as those operated by Plane Connection, are characterized by a high degree of

pre­programmed control and various built­in technical capabilities that limit the potential for

operation outside of the operating conditions set forth above. The sUAS has a semi autonomous

navigation and control system comprised of a Ground Control Station (GCS), GPS stabilization

and autopilot system. In the case of unplanned events, the operator can allow the aircraft to

follow the preprogrammed evasive maneuvers from the control unit or enable assisted steering

for direct control. Preprogrammed maneuvers include initiation of holding at present position;

suspension of mission; fly back to launch point; fly to point and hold; abort mission and land;

and emergency power cut off and land (Flight Termination System).

Additional automated safety functions and safety enhancing features of the sUAS include the

following:

● Detection of lost GPS signal will initiate a return to launch program, allowing the

operator time to take control if necessary.
● The GCS produces an audible message of the battery level every 1560

seconds (this can be adjusted). At the set overall pack voltage the

aircraft will automatically land.

● Onboard failsafe limits aircraft descent speed to a maximum of approximately 5 mph .

● The aircraft, weighing less than 4 lbs, fully loaded, is constructed of high impact

plastic or similar material which is intended to absorb impact energy.

● The motor is driven by a pulse width modulated signal, not an analog signal.

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A to

allow commercial operations of a small unmanned vehicle conducting aerial imaging,

photography, videography, inspection and surveying.

Approval of the exemption allowing commercial operations of the sUAS for aerial imaging,

photography, videography, inspection and surveying work will enhance safety by reducing risk.

Conventional aerial operations, using jet or piston powered aircraft present risks associated with

vehicles that weigh in the neighborhood of 5,000 to 7,000 lbs, carry large quantities of fuel,

passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location. In

contrast, a UAS which is very lightweight and powered by batteries eliminates a portion of that

risk given the reduced mass and lack of combustible fuel carried on board. The UAS is carried to

the survey location, not flown there. The sUAS will carry no passengers or crew and, therefore,

will not expose any individuals to the risks associated with manned aircraft flights. The operation

of the sUAS, weighing less than 20 lbs, for aerial imaging, photography, videography, inspection

and surveying in accordance with the strict conditions outlined above, will provide an equivalent

level of safety supporting the grant of the exemptions requested

herein, including exempting Plane Connection from the requirements of Part 21.

The Plane Connection’s UAS satisfies of the criteria set forth in Section 333 of the Reform

Act—size, weight, speed, operating capabilities, lack of proximity to airports and populated

areas, operation within visual line of sight, and national security—and its showing of an

equivalent level of safety as it may relate to the requirement for a pilot’s license, provide more

than adequate justification for the grant of the requested exemptions allowing commercial

operation of the sUAS in the commercial precision video and imaging business.

Sincerely,

Darrel M Gilbertson

Plane Connection LLC

403 Briarwood Lane

New Bern, NC 28560

252­745­1219

dgilbertson@planeconnection.com