### September 1, 2015

Exemption No. 12688 Regulatory Docket No. FAA

– 20 15

– 1303

Mr. Cameron Patterson

CC Patterson & Associates 13400 Highway 66

Ashland

, OR 97520

Dear Mr. Patterson :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter s dated April 17, July 9, and July 21, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of CC Patterson & Associates ( hereinafter petitioner or
operator ) for an exemption. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aeri al imagery acquisition for orthophoto and terrain modeling in support of geography information system modeling

.

See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exempt ion

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 3 and DJI Inspire 1.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificat es . In accordance with the statutory criteria

### 2

provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, Certification procedures for products and parts, Subpart H

— Airworthiness Certificate s , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, CC Patterson & Associates is granted an exemption

from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data

collection

. This exemp tion is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.

### 3

Conditions and Limitations

In this grant of exemption, CC Patterson & Associates is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 and DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion pict ure and television filming are

not permitted.

3. The UA may not be operated at a speed exceedi ng 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or
U.S. driver’s license.

6. All operations must utilize a visual observer (V O). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verball y at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perfor m the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating docume nts. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating docu ments,

### 4

the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension

or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Offic e (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test fligh t must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, ove rhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a pos session, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

### 5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures . PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s abilit y to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

train i ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS opera tions may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 naut ical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a let ter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather con ditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached CO A

.

### 6

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipatin g persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of

th e UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operatio ns shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

### 7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before ae rial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with t he concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property ow ners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, incl uding maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons

consentin g to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR in cluding, but not limited to,
parts 45, 47, 61, and 91.

### 8

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

Enclosures1 7 April 2015

U.S. Department of Transportation Docket Management System
1200 New Jersey Ave., SE Washingt on, DC 20590

RE : Petition of CC Patterson & Associates for Exemption Pursuant to Section 333 of

the FAA Moder nization and Reform Act of 2012 For S m all UAS Aerial Survey Operations

To W hom it M ay C oncern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, CC

Patterson & Associates (CCPA) , hereby applies for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations o f small unmanned aerial system s

.

This exemption is in accordance with protocols outlined in this petition

, t he DJI UAS manufacturer's operations and/or instructions manual, DJI UAS User’s Manuals, DJI UAS Quick Start Guides, and any other requirements established by the FAA pursuant to Section 333

.

This e xemption would permit commercial operation of the DJI Phantom 3 and DJI Inspire 1 UAS s by

CCPA

, to conduct airborne imagery acquisition for orthophoto and terrain modeling in support of geographic information system modeling of natural and cultural resources, hydrology , wetland delineation and restoration, forestry, habitat conservation, and other remote

- sensing re l a ted activit i es
in which CCPA is normally engaged. CCPA is a small consulting firm specializing in the use of geographic information systems and airborne remote sensing data to support conservation ecology

- related projects, primarily in Southern Oregon. T his exemption is in support of CCPA ’ s projected shift to UAV

based data collection operations from sub

- co ntracted manned aircraft operations

, for low

- altitude, high

- resolution ortho

- imagery and 3D point cloud generation with lidar , multispectral and thermal

sensors.

All UAV operations conducted under this exemption will be flown by a PIC certifi e d b y the FAA as a

P r ivate Pilot with ratings for S ingle Engine Land , Instrument Airplane; and with a current FAA Medical

Certificate or valid US d river ’ s l icense.

The n ame a nd a ddress of the P etitioner is :

Cameron Patterson

CC Patterson & Associates
13400 Hwy 66 , Ashland

, Oregon 97520 (54 1)488

- 1757 cam.patterson@cascadegeo.com

R e gulations from which Exemption is requested:



### 14 CF R 21(H), 14 CFR 61.23(a) and (c), 61.113(a), 9 1.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).
Appendix 1 to this petition summarizes the justification for each requested exemption.Section 333 “ Summary Gran t ” Eligibility :

This petiti on for exemption is similar in all significant characteristics to many existing Section 333 exemptions granted for low altitude aerial UAS survey operations.

CCPA proposes to conduct commercial UAS operation entirely with aircraft manufactured by DCI, Inc.

inclu ding the Phantom 3 and the Inspire 1, according to manufacturer recommendations for maintenance and safe operation, as limited by the C o ndition s and Limitations of this exemption, should it be granted.

Aircraft Registration All UAS aircraft operated unde r the proposed exemption will be registered and identified with N

number markings in the largest size p ractica ble in accordance with 14 CFR 45 (c ), 47.

PIC Certification

All UAS aircraft will be operated unde r the proposed exemption by a PIC holding an Airman Certificate from the FAA, and current medical or valid US Driver ’ s License.

Section 333 Safety Evaluation Supporting I n formation

Regarding the Unmanned Aircraft System and its O peration

1. UAS operational characteristics. T he UAS ’ s proposed for operation under this exemption include

the commercially available DJI Phantom and DJI Inspire 1. T hese systems have b oth been previously approved by the FAA f o r Section 333 exemptions

. T hey are both electric quad

- copters weighing significantly less than 55 lbs

, with IMU, GPS, and flight systems that are in extensive

use for ho bbies and recreational purposes; and their flight characteristics and specifications are

availab le at the manufacturer ’ s web site , and summarized in Appendix 2

. 2. Operational procedures will closely follow the manufacturer ’ s recommendations, with these

additional conditions and limitations:

a. No closed set TV/Motion picture filming w ill be conducted

b. No UAS operations exceeding 87 kt groundspeed

c. No operations above 4 00 feet AGL , or within 500 ’ below or 2000 ’ horizontally from a

cloud

, or when v isibility is less than 3 m i from PIC.

d. All operations conducted in daytime VFR conditions within PIC ’ s unaided VLOS

e. All operations will utilize a qualified Visual Observer (VO) in accordance with the proposed FAA rule for small UAS

, with PIC

- V O verbal communication maintained at all

times.

f. V alid Sec

. 333 exemption operating documentation will be maintained during operations and made available to FAA upon request.

g. Safe functional test flights shall be conducted after maintenance procedures

h. Responsibility for safe operating condition of the UAS is the responsibility of the

operator.

i. PIC wil l conduct a full safety pre

- flight inspection p rior to each operation . No operation of UAS without ensured condition for safe operation.
j. Oper ator will follow UAS manufacturer ’ s maintenance

, overhaul, replacement, inspection and life limit recommendations for aircraft and components, and comply

with all manufacturer ’ s safety bulletins.Regarding the UAS PIC and Visual Observer

3. All UAS operations will be under the direct responsibility of Cameron Patterson, who holds an

airman certification from the FAA as a Private Pilot with ratings for Airplane S ingle E ngine Land and Instrument, with training and logbook conditions comple te for Commercial certification.

T otal logged PIC flight time is 256 hrs , with endorsements for High

- performance Complex single engine, and Tailwheel. A l l comm ercial operations will utilize a Vis u a l Observer , who will receive sufficient training on a safe test range to assure safe and efficient operation s and communications prior to deployment on a commercial project.

4. The PIC will maintain either a FAA medical certification or a valid US driver ’ s li cense for all UAS
operations.

R e garding the Mission P r otocols and Area s of O peration of the UAS

5. UAS operations covered under this exemption will generally take place over unpopulated or sparsely populated rural areas.

6. Any oper ations that take place in proximity to persons or sensitive property will maintain a 5 00 ’

direct separation unless said persons are associated with and aware of the UAV operations, or have been notified and provided bo th consent and appropriate safety protocols (such as staying indoors)

. 7. In general, all operations will be conducted in accordance with the FAA ’ s March 23 2015

“ blanket ” COA for operations under 200 ’ AGL

. All prospective data collections falling outside the blanket COA parameters, such as operations within 5 NM of a tower controlled airport will be

conducted under indi vidual COA applications submitted through the FAA ’ s UAS Civil COA Portal.

8. Each UAS data collection mission will be conducted in accordance with a n individualized plan of operation tha t , at a minimum, plans for flight

- time, flight lines, altitudes, PIC and VO locations

, LZs and lines of sight, obstacles, ground elevations, pre

- operation site inspection, analysis of topographic obstacles , restricted areas, NAS designations, potential on

- ground safety considerations, loss of communication protocols, emergency procedures, and collision avoidance procedures for other manned and unmanned aircraft. All pre

- operation plan ning will

be done in a G eographic I nformation S ystem that includes lidar or other existing elevation data,
airspace horizontal and vertical boundaries, towers, transmission lines, trees and other obstructions, landing areas, and requirements for minimum weather and visibility conditions.

9. Each data collection operation will be logged with all details of the operation on a flight

- by

- flight

basis.

10. All other conditions and limitations specified by the Section 333 Exemption, including UAS

“ return to base

, ” loss of communication protocols , and any other condition not d escribed
herein, will be complied with.Append i x 1

F A R s e c t i o n Sub j e c t Ju s t i f i c a t ion


### 14 CFR 21(H) Airworthiness Certification Not applicable to small UAS



### 14 CFR 61.23 PIC Medical PIC will have EITHER current

medical OR valid US driver ’s

license

14 CFR 61.113(a) Private Pilot PIC for compensation or hire P r ivate pilot certification demonstrates adequate NAS knowledge for non

- passenger commercial operation

14 C F R § 91.7 ( a) A i r w ort h i ne s s

r equ i r ement D e s i g ned f o r m an n ed

a i r c r a f t ; not applicable to small

U A S

14 C F R § 91.119 (c ) M i n i m u m safe a l t i t u des S eparation from manned

aircraft by UAV dictates lower operating altitudes

14 C F R § 91.121 Al t i meter s e tt i ngs Not applicable to small UA S

ops

14 C F R § 91.151 ( a) F u el r equ i r ements Not applicable to small UA S

ops

14 C F R § 91. 405 ( a) Maintenance Not necessary to assure small

UA S operation safety . PIC inspection substituted in
operatin g procedures

14 C F R § 91. 407 ( a1 ) Return to service Not applicable to small UA S

ops 14 C F R § 91. 40 9 ( a1 ,2 ) Annual in sp ection Not necessary to assure small

UA S operation safety

. I m plementing all m anufacturer

recommendations and operator responsibility substituted in operatin g procedures

14 C F R § 91. 4 17 ( a , b ) Maintenance records Not necessary to assure small UAV operation safety

. Mfg.

rec s and operator responsibility subst.Append i x 2

UAS Specification DJI Phantom 3 DJI Inspire 1


### Aircraft type Q uadcopter Q uadcopter

Weight 1.20 kg 2.93 kg



### S ize (diagonal width) 35 cm 58cm

Maximum Speed 1 6m/s (36 mph) 22 m/s (49 mph)

GNSS positioning GPS/ GLONASS ( a utonomous) GPS/ GLONASS ( a utonomous)

Payload 12mp digital camera and 3

- axis gim b al 12mp digital camera and 3

- axis gim b al

Remote control communications Frequency

range 2.400 Ghz

- 2.483Ghz 2.400 Ghz

- 2.483Ghz

5.725 Ghz

– 5. 825 Ghz

Max c ommun i cations range 2000m (u n obstructed line of sight ) 2000m (u n obstructed line of sight )

F l ight Battery Capacity/Max Flight Duration 4 480mAh/ 23 min ( approx ) 57 0 0mAh/ 18 min ( approx )

## C a m e r o n C

. P a t t e r s o n

- A d d i t i o n a l I n f o r m a t i o n

T h i s O t h e r d o c u m e n t w a s i s s u e d b y t h e F e d e r a l A v i a t i o n A d m i n i s t r a t i o n ( F A A )

F o r r e l a t e d i n f o r m a t i o n

, O p e n D o c k e t F o l d e r



### C o n t e n t

9 J u l y 2 0 1 5
U

. S

. D e p a r t m e n t o f T r a n s p o r t a t i o n D o c k e t M a n a g e m e n t S y s t e m 1 2 0 0 N e w J e r

s e y A v e

. , S E

W a s h i n g t o n

, D C 2 0 5 9 0

R E : R e q u e s t f o r a d d i t i o n a l I n f o r m a t i o n t o P e t i t i o n o f C C

P a t t e r s o n & A s s o c i a t e s f o r E x e m p t i o n P u r s u a n t t o S e c t i o n 3 3 3

o f t h e F A A M o d e r n i z a t i o n a n d R e f o r m A c t o f 2 0 1 2 F o r S m a l l
U A S A e r i a l S u r

v e y O p e r a t i o n s

T o W h o m i t M a y C o n c e r n :

T h i s l e t t e r i s t o p r

o v i d e a d d i t i o n a l i n f o r m a t i o n r

e l e v a n t t o t h e
p e t i t i o n r e q u e s t r e f e r e n c e d a b o v e

, i n r e s p o n s e t o t h e J u l y 6

, 2 0 1 5 l e t t e r f r o m t h e F A A ( B r i t t a n y N e w t o n ) r e g a r d i n g h o w t h i s r

e q u e s t w o u l d b e i n t h e
p u b l i c i n t e r e s t

, a n d t o p r

o v i d e a d d i t i o n a l i n f o r m a t i o n t o s u p p o r t

o u r r e q u e s t

.

1

. T h i s e x e m p t i o n w o u l d b e n e f i t t h e p u b l i c a s a w h o l e p r i m a r i l y b y s i g n i f i c a n t l y r

e d u c i n g b o t h t h e e x p e n s e ( p r i m a r i l y t o p u b l i c a g e n c y c l i e n t s ) a n d r i s k t o m a n n e d a i r c r a f t

o p e r a t o r s a n d p e o p l e o n t h e g r

o u n d

, a s s o c i a t e d w i t h

c o l l e c t i n g h i g h r

e s o l u t i o n a e r i a l m a p p i n g i n f o r m a t i o n f o r s m a l l ( g e n e r a l l y l e s s t h a n 1 0 0 0 a c r

e s ) w e t l a n d a n d h a b i t a t

r e s t o r a t i o n s i t e s

, a n d o t h e r e c o l o g i c a l c o n s e r v a t i o n s i t e s f o r

w h i c h C C P a t t e r

s o n & A s s o c i a t e s n o r m a l l y i s r e q u i r e d

t o c o n t r a c t w i t h m a n n e d a i r

c r a f t c a m e r a p l a t f o r m p r

o v i d e r s

. W e

e x p e c t t o r e a l i z e a 5

­ 1 0 f o l d c o s t r

e d u c t i o n f o r m o n i t o r i n g t h e t y p e o f s m a l l r

e s t o r a t i o n s i t e s w h e r

e w e o f t e n w o r k

, a n d w i t h

t h e a v a i l a b i l i t y o f n e w 3 D v i s i o n p h o t o g r a m m e t r i c t o o l s

, w e a l s o e x p e c t t o r

e p l a c e s o m e o f t h e m a n n e d l i d a r d a t a

a c q u i s i t i o n s w e c u r r

e n t l y h a v e p l a n n e d

.

2

. T h i s e x e m p t i o n r

e q u e s t i s s i m i l a r i n a l l m a t e r i a l r e s p e c t s t o

r e l i e f p r e v i o u s l y r e q u e s t e d i n G r

a n t o f E x e m p t i o n s N o s

. 1 1 0 6 2

, 1 1 1 0 9

, 1 1 1 1 2

, a n d 1 1 2 1 3

, a s r e f e r e n c e d i n m a n y o f 

### C o m m e n t s N o t A c c e p t e d

I D : F A A

­ 2 0 1 5

­ 1 3 0 3

­ 0 0 0 3



### D o c u m e n t I n f o r m a t i o n

D a t e P o s t e d :
J u l 1 6

, 2 0 1 5

S h o w M o r e D e t a i l s



### S u b m i t t e r I n f o r m a t i o n

S u b m i t t e r N a m e :
C a m e r o n C

. P a t

t e r s o n



### D o c k e t I n f o r m a t i o n

T h i s d o c u m e n t i s c o n t

a i n e d i n F A A

­ 2 0 1 5

­ 1 3 0 3

R e l a t e d D o c k e t s :
N o n e

R e l a t e d R I N s :
N o n e

R e l a t e d D o c u m e n t s : U

. S

. D O T / F A A

­ R e q u e s t f o r A d d i t i o n a l I n f o r m a t i o n C C P a t t e r s o n & A s s o c i a t e s

­ P e t i t i o n f o r E x e m p t i o nt h e S e c t i o n 3 3 3 e x e m p t i o n s c u r r e n t l y b e i n g g r

a n t e d
b y t h e F A A f o r p r

o p o s e d a e r i a l d a t a c o l l e c t i o n a c t i v i t i e s s i m i l a r i n

a l l m a t e r i a l r

e s p e c t s t o t h o s e w e p r

o p o s e w i t h t h i s e x e m p t i o n

r e q u e s t

.

S i n c e r e l y

,

C a m e r o n C

. P a t t e r

s o n P e t i t i o n e r21 July 2015

U.S. Department of Transportation Docket Management System
1200 New Jersey Ave., SE Washington, DC 20590

RE: Petition of CC Patterson & Associates for Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 For Small UAS Aerial Survey Operations

To W hom it M ay C oncern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, CC

Patterson & Associate s (CCPA) , hereby applies for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small unmanned aerial system s

.

This exemption would permit commercial operation of the DJI Phantom 3 and DJI Inspire 1 UAS s by

CCPA

, to conduct airborne imagery acquisition for orthophoto and terrain modeling in support of geographic information system modeling of natural and cultural resources, hydrology, wetland delineation and restoration, forestry, habitat c onservation, and other remote

- sensing related activities

in which CCPA is normally engaged. CCPA is a small consulting firm specializing in the use of geographic information systems and airborne remote sensing data to support conservation ecology

- related

p rojects, primarily in Southern Oregon. This exemption is in support of CCPA’s projected shift to UAV

based data collection operations from sub

- contracted manned aircraft operations, for low

- altitude, high

- resolution ortho

- imagery and 3D point cloud generat ion with lidar, multispectral and thermal

sensors.

All UAV operations conducted under this exemption will be flown by a PIC certified by the FAA as a Private Pilot with ratings for Single Engine Land, Instrument Airplane; and with a current FAA Medical

Ce rtificate or valid US driver’s license.

a) The name and address of the Petitioner is:

Cameron Patterson

CC Patterson & Associates 13400 Hwy 66, Ashland, Oregon 97520 (541)488

- 1757 cam.patterson@cascadegeo.com

b) Regulations from which Exemption is requested: 

### 14 CFR 21(H), 14 CFR 43.7, 14 CFR 43.11, 14 CFR 4 5 .11

, 14 CFR 4 5

. 2 1

, 14 CFR 4 5

. 23(b)

, 14 CFR

4 5

. 27

, 14 CFR 4 5

. 29

, 14 CFR 61.23(a) and (c), 61.113(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).

c) Extent of Relief Sought and Reasons for Request : Attachment A below lists the regulations fro m which relief is sought , together with the re a son why each regulation is not consistent with the safe commer cial use of UAS t o support our existing conservation mapping operations.This petition for exemption is similar in all significant characteristics to many existing Section 333

exemptions granted for low altitude aeri al UAS survey operations.

CCPA proposes to conduct commercial UAS operation entirely with aircraft manufactured by DCI, Inc. including the Phantom 3 and the Inspire 1, according to manufacturer recommendations for maintenance and safe operation, as limite d by the Conditions and Limitations of this exemption, should it be granted.

d) Reasons why granting the request would be in the public interest This exemption would benefit the public as a whole primarily by significantly reducing both the ex pense (primarily to public agency clients) and risk to manned aircraft operators associated with collecting high resolution aerial mapping information for small (generally less than 1000 acres) wetland and habitat restoration sites, and other ecological co nservation sites for which CC Patterson & Associates normally is required to contract with manned aircraft camera platform providers. We expect to realize a 5

- 10 fold

cost red uction for monitoring the type of small restoration sites where we often work, a nd with the availability of new 3D vision photogrammetric tools, we also expect to replace some of the manned lidar acquisitions we currently have planned. These cost reductions will be passed through to our public sector clients through reduction in dat a acquisition costs and associat ed reduction in the overall cost of ecological mapping projects they undertake.

e) Reasons why Public Safety would be i mproved by granting the request

All airborne high

- resolution data acquisition operations conducted under the proposed Section 333 exemption by CCPA would replace current data collection methods requiring manned aircraft flying at relatively high

- risk low survey altit udes

. With the safety measures , operational limitation and procedures summar ized below , data collection operations by CCPA under a Section 333 exemption

would not adversely affect public safety, and would provide a level of safety equal to that provided by each rule from which an exemption is sought.

 Aircraft Registration All UAS aircraft operated under the proposed exemption will be registered and identified with N

number markings in the largest size practicable in accordanc e with 14 CFR 45(c), 47.

 PIC Certification All UAS aircraft will be operated under the proposed exemption by a PIC holding an Airman Certificate from the FAA, and current medical or valid US Driver’s License.

 Regarding the Unmanned Aircraft System and its Operation

1. UAS operational characteristics. The UAS’s proposed for operation under this exemption include

the commercially available DJI Phantom and DJI Inspire 1. These systems have both been

prev iously approved by the FAA for Section 333 exemptions. They are both electric quad

- copters weighing significantly less than 55 lbs , with IMU, GPS, and flight systems that are in extensive use for hobbies and recreational purposes; and their flight charact eristics and specifications are

available at the manufacturer’s web site , and summarized in Appendix 2

. 2. Operational procedures will closely follow the manufacturer’s recommendations, with these

additional conditions and limitations:

a. No closed set TV/Motion picture filming will be conductedb. No UAS operations exceeding 87 kt groundspeed

c. No operations above 400 feet AGL , or within 500’ below or 2000’ horizontally from a cloud, or when visibility is less than 3 mi from PIC.

d. All operations conducted in daytime V FR conditions within PIC’s unaided VLOS

e. All operations will utilize a qualified Visual Observer (VO) in accordance with the proposed FAA rule for small UAS

, with PIC

- VO verbal communication maintained at all

times.

f. Valid Sec.333 exemption operating documen tation will be maintained during operations and made available to FAA upon request.

g. Safe functional test flights shall be conducted after maintenance procedures

h. Responsibility for safe operating condition of the UAS is the responsibility of the

operator.

i. P IC will conduct a full safety pre

- flight inspection prior to each operation. No operation of UAS without ensured condition for safe operation.
j. Operator will follow UAS manufacturer’s maintenance, overhaul, replacement, inspection and life limit recommendat ions for aircraft and components, and comply with all manufacturer’s safety bulletins.

 Regarding the UAS PIC and Visual Observer

3. All UAS operations will be under the direct responsibility of Cameron Patterson, who holds an

airman certification from the F AA as a Private Pilot with ratings for Airplane Single Engine Land and Instrument, with training and logbook conditions complete for Commercial certification. Total logged PIC flight time is 256 hrs , with endorsements for High

- performance Complex single

en gine, and Tailwheel. All commercial operations will utilize a Visual Observer, who will receive sufficient training on a safe test range to assure safe and efficient operations and communications prior to deployment on a commercial project.

4. The PIC will m aintain either a FAA medical certification or a valid US driver’s license for all UAS
operations.

 Regarding the Mission Protocols and Area s of O peration of the UAS

5. UAS operations covered under this exemption will generally take place over unpopulated or sparsely populated rural areas.

6. Any operations that take place in proximity to persons or sensitive property will maintain a 5 00’

direct separation unless said persons are associated with and aware of the UAV operations, or have been notified and provided both consent and appropriate safety protocols (such as staying indoors).

7. In general, all operations will be conducted in accordance with the FAA’s March 23 2015 “blanket” COA for operations under 200’ AGL. All prospective data collections falling outside t he blanket COA parameters, such as operations within 5 NM of a tower controlled airport will be conducted under individual COA applications submitted through the FAA’s UAS Civil COA Portal.

8. Each UAS data collection mission will be conducted in accordance w ith a n individualized plan of operation tha t, at a minimum, plans for flight

- time, flight lines, altitudes, PIC and VO locations

, LZs and lines of sight, obstacles, ground elevations, pre

- operation site inspection, analysis of topographic obstacles , restri cted areas, NAS designations, potential on

- ground safety considerations, loss of communication protocols, emergency procedures, and collision avoidance procedures for other manned and unmanned aircraft. All pre

- operation planning will

be done in a G eograph ic I nformation S ystem that includes lidar or other existing elevation data,airspace horizontal and vertical boundaries, towers, transmission lines, trees and other

obstructions, landing areas, and requirements for minimum weather and visibility conditions

. 9. Each data collection operation will be logged with all details of the operation on a flight

- by

- flight

basis.

10. All other conditions and limitations specified by the Section 333 Exemption, including UAS

“return to base

, ” loss of communication protocols, and any other condition not described herein, will be complied with.

f) Summary for publication in the Federal Re gister

CC Patt erson & Associates is an enviro nmental consu l ting firm engaged in processing airborne remote

sens ing data for plan ning and monitoring habitat restoration and other conservation projects . In our petition, we request that an exemption be granted from certain regulations defined in 

### 14 CFR 21(H),

14 CFR 43 .7, 43.11, 4 5

. 1 1, 45 .23(b), 45.27, and 45 .29; 14 CFR 61.23(a) and (c), 61.113(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). These exemptions are similar or identical in na ture to those currently being

gran ted by the FA A under Section 333 for similar survey and mapping operations by other small

businesses.

Appendix 1

FAR section Subject Justification



### 14 CFR 21(H) Airworthiness Certification Not applicable to small UAS

.

14 CFR 43.7, 43.11, 45.11

, 45.21 , 45.23(b)
45.27, 45.29 D isplay of placards, records and markings on aircraft Not applicable to UAS due to

small size.

14 CFR § 91.119 (c) Minimum safe altitudes Separation from manned aircraft by UAV dictates lower operating altitudes

14 CFR § 91.121 Altimeter settings Not applicable to small UA S

ops

14 CFR § 91.151(a) Fuel requirements Not applicable to small UA S

ops14 CFR § 91. 405 (a) Maintenance Not necessary to assure small

UA S operation safety . PIC inspection substituted in operating procedures

14 CFR § 91. 407 ( a1 ) Return to service Not applicable to small UA S

ops 14 CFR § 91. 409 ( a1,2 ) Annual inspection Not necessary to assure small

UA S operation safety. Implementing all m anufacturer

recommendations and operator responsibility substituted in operating procedures

14 CFR § 91.4 17 (a, b ) Maintenance records Not necessary to assure small UAV operation safety. Mfg. recs and operator responsibility subst.

Appendix 2

UAS Specification DJI Phantom 3 DJI Inspire 1


### Aircraft type Quadcopter Quadcopter

Weight 1.20 kg 2.93 kg



### Size (diagonal width) 35 cm 58cm

Maximum Speed 16m/s (36 mph) 22 m/s (49 mph)

GNSS positioning GPS/GLONASS (autonomous) GPS/GLONASS (autonomous)

Payload 12mp digital camera and 3

- axis gimbal 12mp digital camera and 3

- axis gimbalRemote control communications Frequency

range 2.400Ghz

- 2.483Ghz 2.400Ghz

- 2.483Ghz

5.725Ghz

– 5.825Ghz

Max communications range 2000m (unobstructed line of sight) 2000m (unobstructed line of sight)

Flight Battery Capacity/Max Flight Duration 4480mAh/ 23 min (approx) 5700mAh/ 18 min (approx)