# Right Coast Visuals

WEB rightcoastvisuals.com FEBRUARY	15 ,	2016

United	States	Department	Of	Transportation Docket	Management	System 1200	New	Jersey	Ave.,	SE West	building	Ground	Floor	Room	W12

- 140 Washington,	DC	20590

Re:	Petition	of Right	Coast	Visuals for	Exemption	from	Certain	Federal	Aviation Reg ulations	to	Operate	Unmanned	Aircraft Systems	Pursuant	to	Section	333	of the	FAA	Modernization	and	Reform	Act

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Dear Sir	or	Madam :

Pursuant	to	Section 333	of	the	FAA	Modernization	and	Reform	Act	("FMRA")	and	14 C.F.R.	part	11, Right	Coast	Visuals ,	DBA ("Ri ght Coast")	hereby	petitions	the	Federal	Aviation	Administration ("FAA")	for	exemption	from p art	21, s ubpart	H;	45.23(b);	61.113(a)	and (b);	91.7(a);	91.9(b)(2);	91.103;	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);	91.417(a) &	(b) of	Title	14,	Code	of	Federal	Regulations	(14	CFR) ,	and any	other	rules	the	FAA	deems	necessary,	to	enab le Right	Coast to operate	unmanned aircraft	systems	("UAS")	for	aerial data collection.

Right	Coast seeks	to	safely operate	UAS s for data	collection,	photography, videography,	wedding & private	individual	photography & videography,	public & commercial	photography & videography, educational, tourism	&	travel,	sports	&	recreational, newsgathering, commercial	production, real	estate, n ature,	agricultural photography & videography and	facilities	inspection	using the DJI	Inspire	1
, initially,	and	for	future	use	of	FreeFly	ALTA, DJI	Phantom	2,	DJI	Phantom	3,	DJI	Phantom	3	Professional,	DJI	Phantom	3	Advanced,	DJI Phantom	3	4K,	Matrice	100, 3DR	Solo,	Yuneec	Q500+,	and	the	DJI	Inspire	1 Pro	once	Right	Coast	has	purchased	these	additional	UAS
devices	at	later	dates .	Because this	petition	is	similar	in	all	material	respects	to previously	granted Section	333	petitions, Right	Coast requests	exped ited	approval	pursuant	to	the	FAA's	summary	grant	process.

I. Contact	Information &	Introduction

Eric	Angello Right	Coast	Visuals,	DBA. 1264A	Maplewood	Road
Belmar ,	NJ	0 7719 p.	(609) 289

- 9284 e.	info@rightcoastvisuals.com

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II.	SEEKING THE	FOLLOWING	SPECIF IC	SECTION(S)	OF	14	CFR	EXEMPTION

Part	 21 ,	 Subpart	H; 45.23(b ); 61.113(a)	 and	 (b) ; 91.7(a) ; 91.9(b)(2) ; 91.103 ; 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) ; 91.417(a) & (b) of	Title	14,	Code	of	Federal	Regula tions

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II I. REASON AND EX T ENT	OF RELIEF FOR	SPECIFIC	SECTION(S)	OF	14	CFR EXEMPTION

14	C.F.R.	Part	21,	Subpart	H:	Airworthiness	Certificates	14	C.F.R.	§91.203	(a)	(1)	Subpart	H .	E ntitled	A irworthiness	Certificates ; sets forth	 requirements	 for procurement	o f	 necessary	airworthiness	 certificates	in	 relation	 to	FAR	§	 91.203(a)(l).	The	 size, weight	and enclosed	operational	area	of Right	Coast UASs	permits	exemption	from Part	21	because Right	Coast UASs	meet	an	equivalent	level of	 safety	 pursuant	 to Section	 33 3 of	 the	 Reform	 Act.	The	 FAA	 is	authorized	 to	exempt	aircraft	 from	 the	airworthiness certificate requirement	under	both	the	Act	(49	U.S.C.	§	44701	(f))	and	Section	333	of	the	Reform Act.	Both	pieces	of	legisla tion	permit	the	FAA to	 exempt	 U ASs	 from	 the	 airwo rthiness	 certificate requirement	 in	 consideration	 of	 the	 weight,	 size,	 speed,	 maneuverability	 and proximity	to	areas such	as	airports	and	dense	populations. Right	Coast UASs	meet	or	exceed	each	of the	elements.

14	 C.F.R.	§	 45.23	 (b): Marking	 of	 the	Aircra ft

. Applicable	Codes	of	Federal	Regulation	require	aircraft	to be	marked	according	to
certain specifications. Right	Coast UASs	are,	by	def inition,	unmanned.	They	therefore	do not	have	a	cabin,	cockpit	or	pilot	station	on which	to	mark	certain	words	or	phra ses.	Further, two

- inch	lettering	is	difficult	to	place	on	such	small	aircraft.	Regardless, Right	Coast will	mark	its	UASs	in	the	largest	possible	lettering	by	placing	the	word "EXPERIMENTAL" and	any	unique	drone	registration	number
on	its structure as	requ ired	by	14	C.F.R.	§45.29	(f)	so	that	the	pilot, technician,	spotter	and	others	working	with	the	UAV	will	see	the markings.	The	FAA	has previously	issued	exemptions	to	this	regulation	through	Exemptions	Nos.	8738,	10167,	10167A and	10700.

14	C.F.R.	§	61.113	(a)	&	(b):	Private	Pilot	Privileges	and	Limitations:	Pilot I n	Command. Under	§	61.113	(a)	and	(b),	certified	private pilots	 are	 limited	 to	 noncommercial	 operations. Currently	 there	 are	 no specific pilot	 licenses for	 UAS operators; therefore, the requirem ent	of an FAA	sanctioned	pilot	license does	not	make	a	pilot	in	control	(“ PIC ”) a ny more	competent to	operate	UAS s.	W hile helpful,	 holding a	 pilot	 license or	 certificate	 would	 not guarantee	 the transmitter	 ( remote	 control )	 “ PIC ” piloting	 skills of	 a	 UAS
, t hough	Right	Coast	will	operate	Right	Coast	UASs	with	the	same	skill. Current risks	associated	with	operating	a UAS	are	so reduced
, and	 virtually	 incomparable,	 to	 the level	 of	 risk	 associated	 with	 commercial	 operations or	 activities	 related	 to	 traditional	 a ircraft contemplated	by	Part	61

. Right	Coast	can	attain	an	equivalent	level	of	safety
, given	the	UAS	safety	 features	and	the	limited	range and	speed	of	the	UAS
, without	such	a	certification because u nlike	conventional	aircraft	that	carries	pilot	and	passen gers,	the	UAS	is remotely	 controlled	with	 no	 persons	 on	 board. Additionally,	 t he	area	 of	 operation	 is	 controlled	and	 restricted,	and	all	 flights	are planned	in	advance. The	FAA	has	approved	a	similar	exemption	 to	 the	above	 rule	as	evidenced	in	Exemption	No .	12058. Further,

a ccording	 to	 Exemption	 No.	 12045,	 a DJI	 Phantom	 3	 Professional	 was	 authorized	 for	 similar	 operation,	 "The	 FAA	 has	 previously declared	 that	 additional	manned	 airship	experience	 of	 a	 commercially	 certified	 pilot	 would	 not	 correlate	 to	 the	 a irmanship	 skills necessary	 for	similarly	proposed	operations	in	previously	issued	exemptions	 to	 this	regulation	 through	Exemption	Nos.	11062	and
11138." Right	Coast	will	maintain	flight	logs	of	all “ PICs ” and	provide	full	transparency	to	the	FAA	regarding the	logs	and	records	of
these “ PICs ”. Allowing	Right	Coast	to	operate	its	UASs	with	a	private	pilot	as	the	pilot	in	control (“PIC”) will	exceed	current	safety levels	in	relation	to	14	C.F.R.	§61.113	(a)	&	(b).

14	 C.F.R.	 §	 91.7	 (a):	 Civil	 aircraft	 airworthi ness. P rohibits	 the	operation	of	an	aircraft	without	an	a irworthiness	certificate.	As	no
such	certificate	will	be issued	 for	 the	aircraft (assuming this	exemption will be	granted ), no	FAA	 standard regulation will	exist	 for determining	airworthiness. With	r espect	to the aircrafts size	for	maintenance,	safety checklists (f or	reference,	see	included	“RIGHT COAST	 VISUALS	 UAS	 OPERATIONAL	 CHECKLIST”) will	 be	 used prior	 to	 each flight that will	 provide	 an	 equivalent	 level	 of safety.

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14	C.F.R.	§	91.9	(b)	(2):	Civi l	Aircraft	Flight	Manual	in	the	Aircraft. (R equires	an	aircraft	flight	manual	in	the	airc raft. ) Since there	are no	pilots	or	passengers,	and given the	size	of	the	UASs,	this	Regulation	is not applicable.	An	equivalent	level of	safety	will	be	upheld by re ta ining	a	manual	at	the	flight	operations	location

. Previously,	t he FAA	has	issued	exemptions with	resect	to this	regulation	in Exemption	Nos.	8607,	8737,	8738, 9299,	9299A,	9565,	9565B,	10167,	10167A,	10602,	10700	and	32827.

14	C.F.R.	§	91.103:	Preflight	ac tion

. This	regulation	requires	each	pilot	in	command (“ PIC ” ) to	ensure	the	safety	of	flight by	taking
certain	actions	before any flight (f or	 reference,	see	included	“RIGHT	COAST	VISUALS	UAS	OPERATIONAL	CHECKLIST”)

. Without	any FAA	approved	 rotorcraft	 fligh t	manuals being	 provided	 for	 the UAS
, an	exemption	will	 be	 needed.	The “ PIC ” will	 take	all	actions before	initiating	any	 flight	including;	 review	of weather conditions
, validation	of flight	battery	 requirements, aircraft	performance
data and	confirmation	o f landing	and	takeoff	distances

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14	C.F.R.	§	91.109:	Flight	instruction

. P rovides	that	no	person	may	operate	a	civil	aircraft	(except a	manned	free	balloon)	being	used for	 flight	instruction	unless	 th e	aircraft	has	 full	 function dual	controls. UASs	and	 rem otely	piloted	aircraft,	by	design
, do	not	have fully	 functioning dual	controls. C ontrol	of	 the	aircraft	during	 flight is conducted through	 the	use	of	a	 transmitter (remote	control)
that	communicates	with	the UAS .	The FAA	has	approved	exemptions	without	ful ly	functional	dual	controls	for many aircraft	and in experimental	aircraft for	flight	instruction

. ( See	Exemption	Nos.	5778K	&	9862A. )	T he	fact	that	neither	a	pilot	nor	passengers	will	be carried	in	the	aircraft, in	part	with the	size	and	speed	of	the airc raft ,	allows	for	an	e quivalent	level	of	safety to	be	provided

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14	C.F.R.	§	91.119:	Minimum	safe	altitudes

. Establishes safe	altitudes	for	the	operation	of	civil	aircraft.	It allows helicopters	to	be operated	at	lower	altitudes	in	certain	conditions. Right Coast UASs will	never	operate	at	an	altitude	greater	than	400 feet AGL.	As	set forth	herein,	the UAS	will	never	operate	at	higher	than	400	feet	AGL with	the	exception	t hat	in	circumstances	where	the UAS	is	used to	survey	or	photograph	a	structure	whose	hei ght exceeds	400	feet	AGL,	the	UAS	will	not	be	operated	more	than	100	feet	above	the highest	 point	 on	 the	 structure. Right	 Coast will,	 however, operate	 its	 UASs in	 restricted	 area (s) with	 security	 perimeter s ,	 where buildings	and	people	will	not	be exposed	t o	operations	without their	pre

- obtained	consent. Given	the	size,	weight, maneuverability and	speed	of Right	Coast UASs,	an	equivalent	level	of	safety	will be	achieved in	relation	to	minimum	safe	altitudes.

14	 C.F.R.	 §	 91.121 : Altimeter	 Settings

. This	 regul ation	 requires	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.” Right	 Coast UASs	 utilize the	 latest electronic	 global	 positioning	 systems ( GPS/GLONASS )	 and	 internal	 gyroscopes	 to provide spatial	coordination technologies	with	live	data	output	to a tablet	device	attached	to	the	transmitter ( remote	control)

. An

equ al level	 of	 safety	 will	 be acco mplished by	 the	 pilot	 in	 control	 ( “ PIC ”) pursuant	 to	 the	 safety	 check	 list	 and	 live	 flight	 data monitoring,	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	i n	VFR	Conditions

. T he	UAS s are electrically	powered	by	lithium	ion	batteries
, which	are regarded as	providing	no	longer	than	25 minutes	of	flight	time. D ue	to	the	batteries limitations,	it	is	currently impossible to	comply	with	part	91.151. Right	Coast bel ieves	that	an	equivalent	level	of	safety	can	be accomplished	by	limiting	flight time	to 18 minutes	or	30%	of the battery	power — whichever occurs first.	This	restriction is mo re	than sufficient to	ensure	the	safe return of the
UAS	to	its pre

- defined	GPS	hom e location from	anywhere	in a limited	operating	area.	Similar	exemptions	have	been	granted	to	other operations,	including	Exemptions	2689F,	5745,	10673,	and	10808.

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

. Requi res the	carrying	of	civil	aircraft	certifications
and registrations.	Currently,	 there	are	no	procedures	 for	providing	airworthiness	certificates	 for	 the mentioned	UAS s. In	addition,

t he	UAS
, fully loaded
, weighs	no	more	than	55	lbs

. and doe s not	operate	wi th an	onboard	pilot. A ccordingly ,	there	is	no	ability	or place	to carry	certification	and	registration	documents	or	to	display	them	on	the	UAS.	An	equivalent	level	of	safety	will	be achieved by	keeping	these	documents	at	the	ground	control	po int	where	the pilot in	control	(“PIC”)	operating the UAS	will	have immediate
access	to	them.	The	FAA	has	issued several exemptions from this	regulation.	A	sample	of	exceptions	includes	Exemption	Nos.	9565, 9665,	9789,	9789A, 9797,	9797A,	9816A,	and	10700.

14	 C.F.R.	§	 91.405	 (a);	 407	 (a)(1);	 409	 (a)(2);	 417	 (a)	 &	 (b):	Maintenance	Inspections

. These	 regulations	 require that	an	aircraft operator	 or	 owner "have	 [the]	 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." These Regulations	only	apply	to aircraft	with	an	airworthiness certificate and so; they	will	not apply	to	Right	Coast	should	its	request	for exemption	be	granted. However, Right	Coast does	perform	m aintenance	and	inspections	in	accordance	with	the	UAS	Manufacturer's
Manual ,	 which	 involves	 regular	 software	 updates and	 inspection to	 assess any hardware	 damage. In	 the	 event	 that mechanical
issues arise during	flight, the	UAS	can	land	immediately .	The pilot	in	control	(“ PIC ”) will	ensure	that	the UAS	is	in	working	order	prior to	initiating any flight,	 perform required	mai ntenance	and	 keep	a	log	 of	any maintenance	 performed (f or	 reference,	 see	 includ ed “RIGHT	COAST	VISUALS	UAS	OPERATIONAL	CHECKLIST”) .	T herefore,	an equivalent	level	of	safety can be	achieved.

IV. SUPPORT	OF	PUBLIC	INTEREST	AND	BENEFIT	TO THE PUBLIC	AS	A	WHOLE

T he	use	of	UAS	device	technology,	presents several	benefits	to	the	public	and support	for	public	interest. UASs	offer cost

- effective
and eco

- friendly	 benefit	 to	 the	 public	 as	 a	 whole	 that	 is	 more	 convenient,	 and	 safer,	 than	 the	 traditional	 substitute	 of	 manned aircrafts	and	 helicopters.	 Besides	 the major expense	 to	 operate	and	main tain	 these	 traditional	means	 of	aerial	 imaging	and	 data collection,	the re	is	also	a	greater risk	of	hazard	as	it	relates	to	their	size	and	combustible	onboard	fuel	systems.	UASs	present	less disruptive,	 environmentally	 conscious,	 non

- combustible and low	 al titude	 solutions for the	 collection	 of	 aerial	 imaging	 and	 data collection.	In	addition	to	the	reduced	risk	of	property	damage,	UASs	do	not	carry	any	pilots	or	crew,	which further minimizes	the	risk of	personal	injury. Integrated	f eatures such	as GPS, proxi mity	sensors and ‘R eturn T o H ome’ mode	act	as failsafe’s	to	the	UAS	with the	press	of	a	button	or	automatically	when	battery	life	is	low	or	the	UAS	exceeds	the	transmitter	(remote	control)	range .	T hus, the UAS	 will	 not	 present	 a	 public	 danger	 or	 remain	 in flight	 in	 unsafe	 conditions

. S peed	 limitations	 ( less	 than 25	 mph)	 and	 altitude limitations	(less	than 400	ft ) ensure	a	UAS s safe level	of operation
, posing no immediate	danger	to	property,	people,	wildlife	or	the
environment under	normal operating	conditions or	in	the	event	of an	unexpected	occurrence .	In some	cases with	devices	like	those developed by	DJI, methods of ‘geo

- fencing’ exist	to further	the	respect	for	privacy	through built	in	"No	Fly	Zone" features	for	major cities	and	points	of	interest	that	h ave	registered	as	a	"do	not	fly	zone"

.

Because UASs	present	many	different	challenges to operation, safety	and	privacy	concerns, these devices	deserve their	own	specific licensing	criteria	and	guidelines. Currently,	the	use	of	smaller,	unmanned,	UAS	aircr afts for	data	collection	is	in	its	infancy.	So,	the responsibility to	 the	 industry of	educated operators,	 like	 Right	 Coast,	 is	 to	 support a protocol that can	 cultivate	 the future

- proof
means	of	safe ,	responsible and	respectable	aerial	imaging and	data	coll ection .	Right	Coast ,	if	granted	a	333	Exemption, would	be	a willing	 participant if	 called	 upon	with	 proper	 coordination	 to provide	 its	 services	 and	 capabilities	 to	 official	 search	 and	 rescue	 or emergency	service	organizations	for	aid,	support	or re assuranc e	of	public	safety .	Right	Coast is committed	to support any effort	that
decreases the risk	of traditional aerial	data collection and ,	in	parallel, continu ally supports lessening the	potential personal risk to help improve the public interest	in NAS safety

.

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V.	NOT	ADVERSLEY	AFFECTING	SAFETY	OR	HOW	THE	EXEMPTION	WOULD	PROVIDE	A	LEVEL	OF	SAFETY	AT	LEAST	EQUAL	TO	THE
EXISITING	RULE

**	For	reference,	see	included	“RIGHT	COAST	VISUALS	UAS	OPERATIONAL	CHECKLIST”

Right	 Coast	 will operate at	 a level	 of	 safety meetin g	 the	 existing	 rules ,	 with	 an aim	 to exceed	 the	 current	 standards .	 Traditional means	of	aerial	imaging	and	data	collection	do	have	a	respectable	safety	record,	but	unmanned,	battery	powered,	lightweight	a nd easily	maneuverable	UAS	aircraft	is	far	safer wit h	respect to	property,	people,	wildlife	and	the	environment.	Without	onboard	fuel or	the	need	for	onboard	pilot	and	crew with	UAS	aircraft,	risk	of	explosion	or	loss	of life greatly	decreases .	Right	Coast	will always
make arrangements in	advance	of	carryin g	out	any UAS mission with in pre

- determined locations .	This	will	allow	Right	Coast	to	take the	 necessary pre

- cautionary measures	 to	 maintain	 the	 greatest	 level	 of	 respect	 for	 the integrity	 of	 property ,	 wildlife and environment	during	any	aerial	imaging	or	da ta	collection mission

. Aerial	imaging and data collection	through	use	of UASs provides

an extremely low	level	of	imposition and	risk	with	a	very great regard	for	safety	that	is	still	capable	of	ascertaining	highly	satisfactory results.	Right	Coast	is	commi tted	to	operating	on	the	level	of	current	standard	safety	rules	while	always	striving	to	exceed	them.

VI.	 A	 SUMMARY	 THE	 FAA	 CAN	 PUBLISH	 IN	 THE	 FEDERAL	 REGISTER	 (The	 rule	 from	 wh ich	 you	 seek	 the	 exemption	 and	 a brief description	of	the	nature	of	the	exemption	you	seek) :

**	T he	following	summary can	be	published in	Federal Register, if determined	that	publication	is	ne cessary :

Right	 Coast	 Visual	 ( Applicant ,	 “Right	 Coast”) seeks	 exemption	 from	 the	 following	 rules: 14	 C.F.R.	 § p art	 21, s ubpart	 H;	 45.23(b);
61 .113(a)	 and	 (b);	 91.7(a);	 91.9(b)(2);	 91.103;	 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);	91.417(a)	&	(b)
, to	operate unmanned	aircraft	systems	in	public,	recreational	and	commercial	operations. Right	Coast, more	 specifically,	 seeks	 333	 exemption	 for	 aerial	 imaging	 of wedding & private	 individual events ,	 public & commercial aerial imaging
, educational, tourism	&	travel aerial	imaging ,	sports	&	recreational aerial	imaging
, aerial newsgathering,	commercial aerial production, real	estate aerial	imaging ,	 nature &	 outdoor aerial	imaging
, agricultural aerial	imaging	and	aerial facilities	inspection

. Right	Coast UASs	are	lightweight,	sm all	aircrafts	(less	than	55	lbs )	that	operate	at	low	speeds	and	low	altitudes. Th ese UASs	operate on	battery	power,	as	opposed	 to	 the	 traditional	means	of	carrying	combustible	onboard	materials	 that increase the risk	of	safety
hazards. Right	 Coast UASs	 also	 do	 not	 require	 an	 onboard	 pilot	 and	 therefore,	 the re	 is	 no exposure	 to	 the	 risk s	 associated	 with
manned	aircrafts

. By operating	 under	 the	existing	 rules	and	 regulations,	and	 the	additional	 strict	 conduct	 set	 forth	 here

- in
, Right Coast	will	maintain	an	equal	level	of	safety	that	supports	the	grant	of	these	requested	exemptions	for	oper ation.	Any	flight	missions carried	out	over	pre

- determined	locations	will	gain	the	appropriate	consent	of	owners,	of	those	captured	by	aerial	image,	of	those who	 have	 agreed	 to	 be	 present	 where	 aerial	 imaging	 is	 set	 to	 occur	 and	 in	 accord	 with	 state	 or	 loc al	 privacy	 laws. Meeting	 the specific	 scope	 of	 Section	 333, Right	 Coast	 has	 presented	 more	 than	 sufficient	 support	 to	 a	 grant	 of	 request	 for	 exemptions permitting	 the	 detailed	 operations	 of	 Right	 Coasts	 UAS	 equipment	 in	 public,	 recreational	 and	 commercial	 operations,	 and	 their related	descriptions.

V II

. ADDITIONAL	VIEWS,	ARGUMENTS	OR	INFORMATION	TO	SUPPORT	REQUEST

The	above

- mentioned	proposed	exemptions	would	allow	Right	Coast	visual	to	operate	UASs	for	aerial	imaging	of wedding & private
individual events , public & commercial aerial	 imaging
, educational, tourism	 &	 travel	 aerial	 imaging,	 sports	 &	 recreational	 aerial imaging,	aerial newsgathering,	commercial aerial production, real	estate	aerial	imaging,	nature &	outdoor	aerial	imaging, agricultural aerial	imaging	and	aerial facilities	inspection .	It	is	only	 the	intention	of	Right	Coast	 to	operate	as	a	 responsible	aerial	imaging	and