MOBILE ■ BIRMINGHAM ■ A T HENS ■ FAIRHOPE

February 19, 2015

1) VIA UPS OVERNIGHT

2) VIA ELECTRONIC SUBMISSION - REGULATIONS.GOV

U.S. Department of Transportation, Docket Operations

Attn: Mr. Anthony Foxx

Secretary of Transportation 

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.

Washington, DC 20590-001

Re: [Small Unmanned Aircraft System – Use of Quadcopters]

Request and Application for Exemptions by Atlantic Coast Conservancy, Inc. 

under Section 333 – FAA Reform and Modernization Act of 2012 and Part 11-

Federal Aviation Regulations from 14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.7; 

14 C.F.R. § 43.11; 14 C.F.R. § 45.21; 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.25; 14 

C.F.R. § 45.27; 14 C.F.R. § 45.29; 14 C.F.R. § 47.3(b)(2); 14 C.F.R. § 61, Subpart 

E; 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.9(c); 14 C.F.R. § 

91.103; 14 C.F.R. § 91.105; 14 C.F.R. § 91.109; 14 C.F.R. § 91.113(b); 14 C.F.R. § 

91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203; 14 C.F.R.

§ 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 

91.409(a)(2); 14 C.F.R. § 417(a) and (b). 

Dear Mr. Foxx: 

On behalf of the Atlantic Coast Conservancy, Inc. (“Atlantic Coast”), we submit to you this 

Request and Application for Exemptions from certain requirements of the FAA Reform and 

Modernization Act of 2012 and Regulations described above and in our Paragraph 5 herein. In support of 

our Request and Application, we will describe the operations and equipment to be used by Atlantic Coast, 

the necessity and reasons for exemptions, and the precautions that Atlantic Coast will implement and 

commit to follow. 

1) The Applicant - Atlantic Coast Conservancy, Inc.

Atlantic Coast is a conservation land trust organized as a not-for-profit corporation and an Internal 

Revenue Code Section 501(c)(3) charitable organization.1 As a nonprofit conservation land trust, Atlantic 

Coast acquires and holds title to conservation easements on many parcels of environmentally sensitive 

forestland, open space, grasslands, wetlands, and aquatic habitats, wildlife and endangered species’ 

habitats, and biologically diverse lands in several states. Each land holding requires active management, 

 

1

See Atlantic Coast IRC Section 501(c)(3) designation letter from the Internal Revenue Service, “Exhibit A” attached hereto.
U.S. Department of Transportation

February 19, 2015

Page 2

inspections, monitoring, and documenting conditions of habitat, wildlife, restricted activities, and changes 

due to active management, natural events, climatic events, and extraordinary events. Atlantic Coast is 

required by law through 25 U.S.C. § 170(h) and 26 C.F.R. § 170A-14 to create an initial baseline report 

documenting the environmental conditions identifying the sensitive ecological resources and sites, 

identifying the conservation and archeological sites, and documenting changes to timberlands, open space, 

wetlands, and endangered species habitats. Atlantic Coast actively manages their conservation lands 

utilizing aerial and ground photography, mapping and surveys to monitor wildlife and boundaries; to 

enforce compliance by landowners; to inspect surface activities; and to identify, record, and remove exotic 

and invasive plants (such as Chinese tallow or “popcorn trees”, privet, Japanese climbing ferns, cogon 

grass, kudzu and many others). 

The name and address of the applicant is:

Atlantic Coast Conservancy, Inc. 

Attn: Robert D. Keller, Ph. D. 

Chief Executive Officer

72 South Main Street 

Jasper, Georgia 30143

706-273-9173

rkeller@atlanticcoastconservancy.org. 

http://www.atlanticcoastconservancy.org/

The CV of Robert D. Keller, Ph. D. is also provided in an attachment.2

2) Description of Operations

Atlantic Coast requests permission to operate a small, unmanned, lightweight and relatively 

inexpensive aircraft system, the DJI Phantom 2 Vision+ Quadcopter (“Phantom”),

3

under controlled 

conditions in airspace that is limited and predetermined. This will enable Atlantic Coast to safely and 

efficiently monitor surface conditions and various ecological occurrences on conservation lands managed 

by Atlantic Coast. Atlantic Coast acquires then monitors conservation easements in compliance with the 

Land Trust Alliance Standards and Practices, and in compliance with the U.S. Treasury Department, 

Internal Revenue Service, federal laws and regulations, 26 U.S.C. 170(h) and 26 C.F.R. § 170A-14. A 

conservation easement is a legal encumbrance, which creates an enforceable land preservation agreement 

between a landowner and a qualified land protection organization or government agency for the purpose 

of conservation. By using a conservation easement, the landowner conveys to Atlantic Coast an interest, a 

conservation interest, in the landowner’s property to restrict real estate development, restrict commercial 

and industrial use, and to restrict certain other activities to a mutually agreed upon level. The property

remains the private property of the landowner subject to and encumbered by the conservation easement 

held by Atlantic Coast. The landowner is entitled to charitable deductions for the amount of the appraised 

value of the property rights restricted, conveyed, or gifted to Atlantic Coast by the conservation 

 

2

See CV of Robert D. Keller, Ph. D., “Exhibit B” attached hereto.

3

See DJI – Phantom 2 Vision + User Manual, “Exhibit C” attached hereto.
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February 19, 2015

Page 3

easement.4 Atlantic Coast’s prior relationships with private landowners of all land where the Phantom 

will be used facilitate Atlantic Coast’s ability to obtain consent from all landowners and any person who 

could potentially come within 500 feet of the Phantom’s operation. 

Conservation easement management and monitoring are ongoing processes conducted by Atlantic 

Coast. As stated in Standard 11 of the Land Trust Alliance Standards and Practices, “the land trust 

[Atlantic Coast] monitors its easement properties regularly, at least annually, in a manner appropriate to 

the size and restrictions of the property, and keeps documentation (such as reports, updated photographs 

and maps) of each monitoring activity.”5 

Atlantic Coast is dedicated to providing 21st Century solutions and sound scientific applications for 

the conservation of critical natural resources and vulnerable habitats throughout the Southeast focusing on 

geographic information system (“GIS”) applications in land conservation, environmental resource 

protection, and biological diversity. 

Your approval of Atlantic Coast’s request of the Exemptions stated herein will benefit the public, 

the environment, and the natural resources by improving the monitoring and documentation used by

Atlantic Coast for land preservation efforts by adding much needed aerial reconnaissance and photography

in real time at reduced risk and reduced costs. Because conservation easements are legally required to be 

formed for the purpose of preserving open space where such preservation is pursuant to a clearly

delineated Federal, State, or local governmental conservation policies and will yield a significant public 

benefit,6allowing Atlantic Coast to improve its ability to safely and efficiently monitor conservation 

easements, by definition, must benefit the public. The Exemptions will also reduce direct and indirect 

environmental impacts on each of the properties from “on the ground” vehicular intrusion and noise, and 

reduce or eliminate expensive surveying and aerial photography by conventional manned aircraft with the 

associated and disruptive noise and fuel exhaust air contaminants. The Exemptions will enable Atlantic 

Coast to perform and provide research and educational data and opportunities, and to better monitor 

climate change and influence, and to research the effects of the 2010 Deepwater Horizon oil spill in the 

Gulf of Mexico on certain properties without emitting any carbon footprint.

The Exemptions will provide Atlantic Coast an additional and safer method of performing 

mandatory land management, inspections, and monitoring of environmentally critical forestlands, 

wetlands, watersheds, water resources, coastal resources and other ecologically sensitive lands, wildlife 

and natural resources fulfilling the Secretary of Transportation’s responsibility to “. . . establish 

requirements for the safe operation of such aircraft systems in the national airspace system.”7

 

4

See Deed of Conservation Easement, “Exhibit D” attached hereto to illustrate the terms, conditions, restrictions on monitoring 

requirements.

5

“Land Trust Standards and Practices” Land Trust Alliance, 13 (Revised 2004), available at 

https://www.landtrustalliance.org/training/sp/lt-standards-practices07.pdf. 

6

26 U.S.C. § 170(h)(4)(A)(iii)(II). 

7 Reform Act Section 333 (c). 
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February 19, 2015

Page 4

3) The UAS

a. Description of UAS 

Atlantic Coast requests the Exemptions for use of the Phantom, a small unmanned aircraft system 

(“UAS”), for nonprofit land and conservation easement management, site inspections, monitoring,

conducting necessary aerial surveying, mapping, and aerial photography. 

i. Flight Time and Weight

The Phantom’s maximum flight time is 25 minutes. The Phantom weighs less than three pounds. 

ii. Flight Radar 

The Phantom is equipped with flight radar that displays the current position of the Phantom in 

relation to the operator. Exceeding the control range of the remote control triggers the Phantom to 

automatically fly back to the original takeoff point and land safely. 

iii. Mobile Vision 

The operator may track the current flight and see what the Phantom sees through a mobile device. 

iv. No Fly Zone 

The Phantom includes No Fly Zone software to increase flight safety and prevent accidental 

flights into restricted areas. 

v. Manufacturer Updates 

The Phantom can connect to computers to receive manufacturer (DJI) firmware and applications, 

updates, news, alerts, and support. 

vi. Remote Control

The remote control contains a gimbal control dial, a trainer port, a built-in rechargeable LiPo 

battery with a capacity of 2000mAh, battery level LED indicators, and a throttle locking feature. 

vii. Antistatic Compass 

The Phantom has an anti-static compass with a protective shell. Together, these equipment 

features ensure Atlantic Coast and the UAS will “not create a hazard to users of the national airspace 

system or the public.”8

viii. Flight Limitation Application 

 

8 Reform Act Section 333 (b). 
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February 19, 2015

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The Phantom has software to prevent the UAS from flying into restricted areas, such as airports. 

The software creates a five mile safety zone around the restricted area. The operator is notified when the 

Phantom is 330 feet away from a safety zone. If the Phantom is five miles from an airport, the UAS 

cannot fly higher than 400 feet. This height limit decreases as the UAS moves closer to the airport so that 

when the UAS is 1.5 miles away, the Phantom may not fly higher than 35 feet. If this occurs, the 

operator has full control of the Phantom’s movement, except that the Phantom will automatically 

descend to the restricted height. The operator is prevented from initiating flight if the Phantom is within 

1.5 miles from a restricted area. If the operator accidentally flies into a safety zone due to a loss of GPS 

signal, the Phantom will land immediately once the signal returns. If this occurs, the operator may

control the Phantom, with the exception that the operator cannot make the UAS ascend in altitude. In 

addition, the Phantom has features that allow the operator to manually set height limitations and limit 

how close a Phantom may fly to a safety zone. 

b. Phantom Equipment Factory Specifications9

Key Features

Stabilization Gimbal 3- axis Camera Stabilization Gimbal 

Video Downlink Max 700m Wi-Fi Connection

Camera 14 Megapixels/1080p

Controllable Range -90° – 0° (Vertical)

Ground Station Built into the DJI Vision App 

Remote Control New version (left dial, built-in LiPo battery) 

800m (FCC), 5,8 Ghz preinstalled smartphone 

holder

Max Flight Time 25 minutes 

Aircraft

Weight (Battery & Propellers included) 1284g (approximately 2.8 lbs)

Battery 5200mAh LiPo Battery

Max Ascent/Descent Speed Ascent: 6 m/s

Descent: 2m/s

Max Flight Speed 15 m/s

Max Yaw Angular Velocity 200°/s

Max Tilt Angle 35°

Diagonal Length 350mm

Camera

Gimbal Pitch Control Range 0°-90°

Operating Environment Temperatures 0°C-40°C

Sensor Size 1/2.3”

Effective Pixels 14 Megapixels

FOV 110°/85°

 

9

Information from www.dji.com/products/compare-phantom. See also DJI – Phantom 2 Vision+ Specifications “Exhibit E” 

attached hereto.
U.S. Department of Transportation

February 19, 2015

Page 6

Remote Control

Operating Frequency 5.728 GHz-5.85 GHz

Communication Distance (Open Area) CE: 400m

FCC: 800m

Receiver Sensitivity (1% PER) -93dBm

Transmitter Power (EIRP) CE: 25mw

FCC: 100mw

Working Voltage 120 mA@V

Battery LiPo Battery 3.7V 2000mAH

Left Dial Available

Throttle Lock Available

Trainer Port Available

Range Extender

Operating Frequency 2412-2462 MHz

Communication Distance (Open Area) 500-700m

Transmitter Power 20dBm

Power Consumption 2W

4) Limited and Predetermined Use

Atlantic Coast agrees to be bound by the following limitations and conditions when conducting 

management, inspection, mapping, surveying, and monitoring operations under an FAA issued exemption: 

1. Phantom Weight: The UAS will weigh less than three pounds including energy source(s) 

and equipment. Operations authorized by this grant of exemption are limited to the 

following aircraft: DJI Phantom 2 Vision+. [See “Exhibit C” attached hereto.]

2. Limited Flight Speed: The UAS will not be flown at a speed exceeding a ground speed of 

30 knots. 

3. Flight Altitude Limit: Flights will be operated at an altitude of no more than 400 feet 

above ground level. 

4. VLOS: The UAS will be operated within the visual line of sight (“VLOS”) of the pilot in 

command at all times. This requires the pilot in command (“PIC”) to be able to use human 

vision unaided by any device other than corrective lenses. 

5. VO: All operations will use a visual observer (“VO”). The VO may be used to satisfy the 

visual line of sight requirement, as long as the PIC always maintains VLOS capability. The 

VO and PIC must be able to communicate verbally at all times. 

6. Preflight Inspection: Prior to each flight, the PIC will inspect the UAS to ensure it is in a 

condition for safe flight. 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 re-inspected and found to be in a condition for safe flight. 

If there is a ground control station, it must be included in the preflight inspection. All 

maintenance and alterations will be properly documented in the UAS records.

7. Flight Functional Test: Any UAS that has undergone maintenance or alterations that 

affect UAS operations or flight characteristics such as the replacement of a flight critical 
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February 19, 2015

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component will undergo a flight functional test. The PIC who conducts the flight 

functional test will make an entry in the UAS aircraft records of the flight. 

8. Manufacturing Requirements: Atlantic Coast will follow the manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit 

requirements. At a minimum, this will include requirements for the following: actuators, 

transmission (single rotor), powerplant (motors), propellers, electronic speed controller, 

batteries, mechanical dynamic components (single rotor), remote command and control, 

and ground control station (if used). 

9. Operating and Flight Precautions: 

(a) The UAS will not be operated directly over any person, except authorized and 

consenting personnel, or below an altitude that is hazardous to persons or property 

on the surface in the event of a UAS failure or emergency.

(b) Regarding the distance from participating persons, those persons must be essential 

to the mandatory conservation and environmental monitoring operations and any

surveying operations. Because these procedures are specific to participating 

persons, no further Flight Standards District Office (“FSDO”) or Aviation Safety

Inspector approval is necessary for reductions to the distances specified. 

(c) Regarding the distance from non-participating persons, Atlantic Coast will ensure 

that no persons are allowed within 500 feet of the area except those consenting to be 

involved and necessary for the mandatory conservation and environmental 

monitoring operations and any surveying operations. This provision may be reduced 

to no less than 200 feet if it would not adversely affect safety and the Administrator 

has approved the reduction. 

(d) If the UAS loses communications or loses the GPS signal, the UAS will return to 

the original takeoff point.

(e) The UAS will abort the flight in the event of unpredicted obstacles or emergencies. 

(f) Each UAS operation must be completed within 25 minutes flight time or with 25% 

battery power remaining, whichever occurs first.

10. COA: Atlantic Coast will obtain an Air Traffic Organization (“ATO”) issued Certificate 

of Waiver or Authorization (“COA”) prior to conducting any operations. This COA will 

require Atlantic Coast to request a Notice to Airmen (“NOTAM”) not more than 72 hours 

in advance, but not less than 48 hours prior to operations. 

11. Maintenance: Atlantic Coast will develop procedures to document and maintain a record 

of the UAS maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of the UAS.

12. Safety Bulletins: The UAS will be operated by Atlantic Coast in compliance with all 

manufacturer Safety Bulletins. 

13. Radio Frequency: Before conducting operations, the radio frequency spectrum used for 

operation and control of the UAS will comply with the Federal Communications 

Commission (“FCC”) or other appropriate government oversight agency requirements.

14. Plan of Activities: At least three days before scheduled use, Atlantic Coast will submit a 

written Plan of Activities to the local FSDO with jurisdiction over the area of proposed 

UAS use. The three-day notification may be waived with the concurrence of the FSDO. 

The Plan of Activities will include at least the following: 

(a) Date and times for all flights.
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February 19, 2015

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(b) Name and phone number of the operator of the UAS under this grant.

(c) Make, model, and serial or FAA issued N-number or registered number of UAS to 

be used.

(d) Name and age of the UAS’s PIC involved.

(e) Statement that the operator has obtained permission from property owners and/or 

local officials.

(f) The signature of exemption-holder or representative.

(g) Description of the flight activity, including maps and diagrams of any area, city, 

town, county and/or state over which UAS use will be conducted and the altitudes 

essential to accomplish the operation. UAS operations will not be conducted during 

night, as defined in 14 C.F.R. § 1.1. 

(h) All operations will be conducted under visual meteorological conditions 

(“VMC”). 

15. Documents: The manufacturer’s Flight User Manual will be available to the PIC at the 

ground control station or ground control point of the UAS any time the aircraft is operating. 

16. Right of Way: The UAS will remain clear of and yield the right of way to all manned

aircraft operations and activities at all times. 

17. Operations: 

(a) The UAS operations will not be conducted at night, as defined in 14 C.F.R. § 1.1. 

All operations will be conducted under VMC. 

(b) The UAS will not be operated by the PIC from any moving device or vehicle.

(c) The UAS will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than three statute miles from the 

PIC.

(d) The UAS will not be operated in Class B, C, or D airspace. The UAS will not be 

operated within five nautical miles of the geographic center of a non-towered 

airport as denoted on current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with Notice to Airmen as required by the Applicant’s 

COA. The letter of agreement with the airport management will be made available 

to the Administrator upon request. 

18. Accident Reports: Any incident, action, 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 FAA’s Integration Office (AFS-80) within 24 hours. Accidents will be 

reported to the National Transportation Safety Board (“NTSB”). Further flight operations 

will not be conducted until the incident, accident, or transgression is reviewed by the AFS80 and authorization to resume is provided.

5) Atlantic Coast’s Request for Exemptions

Congress intended the FAA to allow certain operations of small UAS by nonprofits for 

conservation, forestry, and agricultural purposes, and certain commercial activities through the exemption 

process, even during the period before the FAA releases new rules applicable to commercial UAS. Due to 

the Phantom’s small size, light weight (less than three pounds), built-in safety features, and the remote, 
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February 19, 2015

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rural, and restricted locations where the Phantom will be operated, Atlantic Coast (a nonprofit land trust)

meets all requirements of safe, forest and wildlife conservation UAS operations envisioned by Congress. 

The UAS’s size, weight, limited range and flight capacity, and restricted use on conservation lands

managed, inspected, and monitored by Atlantic Coast in no way presents a national security issue. The 

Exemptions requested by Atlantic Coast provide for the equivalent, if not a higher, level of safety than the 

current regulatory scheme provides due to the dangers associated with much larger, heavier, and faster 

conventional manned aircraft. 

In the alternative, Atlantic Coast’s operations meet the “special purpose operations” descriptions of 

14 C.F.R. § 21.25(b)(1) Agriculture; (b)(2) Forest and Wildlife Conservation; (b)(3) Aerial Surveys, 

Photography, and Mapping; and (b)(4) Conservation Lands. 

Based on the facts and descriptions we have provided for you on behalf of Atlantic Coast, we 

respectfully request that the FAA grant the following requested exemptions: 
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February 19, 2015

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14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.7; 14 C.F.R. § 43.11; 14 C.F.R. § 

45.21; 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.25; 14 C.F.R. § 45.27; 14 

C.F.R. § 45.29; 14 C.F.R. § 47.3(b)(2); 14 C.F.R. § 61, Subpart E; 14 C.F.R. 

§ 91.7(a); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.9(c); 14 C.F.R. § 91.103; 

14 C.F.R. § 91.105; 14 C.F.R. § 91.109; 14 C.F.R. § 91.113(b); 14 C.F.R. 

§ 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203; 14 

C.F.R. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14 

C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b).

a. 14 C.F.R. 21, Subpart H: Airworthiness Certificate

Atlantic Coast requests an exemption from 14 C.F.R. 21, Subpart H. This Subpart establishes 

the procedures for the issuance of an airworthiness certificate. Atlantic Coast requests an exemption from 

Part 21, Subpart H because the Phantom meets an equivalent level of safety pursuant to Section 333 of 

the Reform Act due to its small size, light weight, and remote rural operating environment. 

b. 14 C.F.R. 43

i. 43.7: Persons Authorized to Approve Maintenance, Rebuilding, and

Operation

Atlantic Coast requests an exemption from 14 C.F.R. 43.7. This part provides that the holder of 

a mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft engine, 

propeller, appliance, or component part for return to service. Atlantic Coast operators will conduct 

inspections and maintenance based on maintenance guidelines provided by DJI, the manufacturer of the 

Phantom. The capabilities of Atlantic Coast operators to maintain and repair the UAS will meet the 

requirements for an equivalent level of safety pursuant to Section 333 for this type of UAS, its intended 

use, and the remote rural operating environment.

ii. 43.11: Records for Inspections

Atlantic Coast requests an exemption from 14 C.F.R. 43.11. This part provides that 

maintenance record entries be maintained, that the inspector list discrepancies, and to affix placards to the 

aircraft. This UAS, due to its small size, does not have room for placards to be placed in or on it and no 

inspections for UAS have been certified by FAA at the present time. However, as a condition to the grant 

of the exemption, Atlantic Coast is willing to keep records and log books of all maintenance and repairs.

c. 14 C.F.R. 45

i. 45.21: General

Atlantic Coast requests an exemption from 14 C.F.R. 45.21. This part provides that except as 

provided in § 45.22, no person may operate a U.S.-registered aircraft unless that aircraft displays 

nationality and registration marks in accordance with the requirements of this section and §§ 45.23 

through 45.33. There are no current procedures for obtaining a registration mark for UAS by the FAA. 
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February 19, 2015

Page 11

However, as a condition to the grant of the exemption, Atlantic Coast is willing to be assigned a 

registration number and to display it where practicable as addressed in this Request and Application for 

Exemptions relative to Parts 45.23, 45.27, and 45.29, below.

ii. 45.23 (b): Marking of the Aircraft

Atlantic Coast requests an exemption from 14 C.F.R. 45.23(b). This regulation requires:

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or "provisional," 

as applicable.

Even though the UAS will have no airworthiness certificate, Atlantic Coast requests an exemption 

from this requirement since the Phantom will have no entrance to the cabin (no cabin), cockpit (no 

cockpit), or pilot station on which the word “Experimental” or such other required description can be 

placed. Given the size of the UAS, two-inch lettering will be impossible, Atlantic Coast is willing to place 

the word “Experimental” on the UAS in compliance with § 45.29(f). The equivalent level of safety will 

be provided by having the UAS marked as required by § 45.29(f) where the pilot, observer and others 

working with the UAS will see the identification of the UAS as “Experimental” or such other required 

lettering. 

iii. 45.25: Location of Marks on Fixed-Wing Aircraft

Atlantic Coast requests an exemption from 14 C.F.R. 45.25. The UAS is a multirotor, 

quadcopter, model-sized aircraft and is not a fixed-wing aircraft. Therefore, 14 C.F.R. 45.25 by its terms 

does not apply. 

iv. 45.27: Location of Marks: Nonfixed-Wing Aircraft

Atlantic Coast requests an exemption from 14 C.F.R. 45.27. This part provides that each 

operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, 

boom, or tail the marks required by § 45.23. The UAS, due to its small size, does not have a cabin, 

fuselage, boom or tail to display the marks required by § 45.23.

v. 45.29: Size of Marks

Atlantic Coast requests an exemption from 14 C.F.R. 45.29. This part provides at subpart (3) 

that the registration marks for rotorcraft must be at least 12 inches high. The UAS, due to its small size, 

does not have any surface area large enough to display marks anywhere near 12 inches high. However, as 

a condition to the grant of the exemption, Atlantic Coast is willing to place an aircraft mark on one or 
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February 19, 2015

Page 12

more of the "arms" of the UAS. The size of the marking will be determined by the size of the "arm" being 

used and may be less than one inch in size.

d. 14 C.F.R. 47.3(b)(2): Registration Required

Atlantic Coast requests an exemption from 14 C.F.R. 47.3(b)(2). This part provides: 

(b) No person may operate an aircraft that is eligible for registration 

under 49 U.S.C. 44101-44104, unless the aircraft –

(1) Has been registered by its owner; [or] 

(2) Is carrying aboard the temporary authorization required by

§ 47.31(c).

There are no current procedures for obtaining a registration mark for UAS by the FAA. However, 

as a condition to the grant exemption, Atlantic Coast is willing to be assigned a registration number 

provided by FAA and to display it where practicable as addressed in this Request and Application for 

Exemptions relative to Parts 45.23, 45.27, and 45.29, above.

e. 14 C.F.R. 61, Subpart E – Certification: Private Pilots 

Atlantic Coast requests an exemption from 14 C.F.R. 61, Subpart E. Section 61, Subpart E 

describes the requirements for issuance of private pilot certificates and the general operating rules for 

persons who hold those certificates and ratings. Because the UAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the UAS to have completed a UAS flight training course before flying the UAS (See DJI –

Phantom Pilot Training Guide, Phantom 2 Vision+ User Manual, and Certificates of Training). 

Unlike a conventional manned aircraft that carries the pilot and passengers, the UAS is small in 

size, weighs three pounds or less, is remotely controlled, and has no humans on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance. The level of 

safety exceeds that provided by a single individual holding a commercial pilot’s certificate operating a 

conventional manned aircraft. The risks associated with the operation of the UAS are much reduced from 

the level of risk associated with conventional manned aircraft operations contemplated by Part 61. 

Allowing the Exemptions and special purpose operations of the UAS as requested by Atlantic Coast with 

an operator who has met the requirements of safety and training as stated in the DJI – Phantom Training 

Guide10 and User Manual,11 and has completed the Scheduled DJI Phantom Training Course, and obtained 

a Pilot Training Program Certificate from The Chattahoochee Technical College12 exceeds the present 

level of safety prescribed by 14 C.F.R. § 61.113 (a) and (b).

f. 14 C.F.R. 91 

 

10 See DJI – Phantom 2 Vision+ Training Guide, “Exhibit G” attached hereto.

11 See DJI – Phantom 2 Vision+ User Manual, “Exhibit C” attached hereto.

12 See Certificates of Training, “Exhibit F” attached hereto; see also http://www.chattahoocheetech.edu/2014/08/uav-course-atchattahoochee-tech-to-take-flight-in-fall/.
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i. 91.7(a): Civil Aircraft Airworthiness

Atlantic Coast requests an exemption from 14 C.F.R. 91.7(a). The regulation requires that no 

person may operate a civil aircraft unless it is in airworthy condition. Given the small size, light weight, 

and low noise level output of the UAS, the requirements for maintenance, and the use of safety checklists 

prior to each flight, an equivalent level of safety will be provided.

ii. 91.9(b)(2): Civil Aircraft Flight Manual [in the Aircraft], Marking, and 

Placard Requirements

Atlantic Coast requests an exemption from 14 C.F.R. 91.9(b)(2). Section 91.9(b)(2) provides: 

(b) No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not 

required by § 21.5 of this chapter, unless there is available in 

the aircraft a current approved Airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, 

or any combination thereof.

The UAS, given its small size and configuration, has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the UAS.

The equivalent level of safety will be maintained by keeping the manufacturer’s Training Guide 

and User Manual at the ground control point where the operator flying the UAS will have immediate 

access to it. 

iii. 91.9(c): Civil Aircraft Flight Manual, Marking, and Placard Requirements

Atlantic Coast requests an exemption from 14 C.F.R. 91.9(c). This part provides: 

(c) No person may operate a U.S.-registered civil aircraft unless that 

aircraft is identified in accordance with part 45 of this chapter. 

As stated above, there is no current registration process for UAS; and the UAS, due to its small 

size, does not have room to contain a fireproof placard or to display aircraft marks in a conventional size. 

However, as a condition to the grant of the exemption, Atlantic Coast is willing to affix an aircraft mark to 

one or more of the "arms" of the UAS. The size of the marking will be determined by the size of the 

"arm" being used and may be less than one inch in size.

iv. 91.103: Preflight Action

Atlantic Coast requests an exemption from 14 C.F.R. 91.103. This regulation requires each 

PIC to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight 
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Page 14

manuals will not be provided for the UAS, an exemption is needed. The PIC will take all actions

following the DJI preflight inspection including reviewing weather, flight battery requirements, landing 

and takeoff distances and aircraft performance data before initiation of flight.

v. 91.105: Flight Crewmembers at Stations

Atlantic Coast requests an exemption from 14 C.F.R. 91.105. Atlantic Coast requests an 

exemption from 14 C.F.R. 91.105 since this part is not applicable due to the UAS carrying no flight 

crewmembers. However, to achieve an equivalent level of safety, Atlantic Coast will not operate the 

aircraft unless the same PIC is at the controls at all times.

vi. 91.109: Flight Instruction; Simulated Instrument Flight and Certain Tests

Atlantic Coast requests an exemption from 14 C.F.R. 91.109. Section 91.109 provides that no 

person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design,

do not have fully functional dual controls. Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. The FAA has approved exemptions for 

flight training without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety is provided because the UAS will not carry pilots or 

passengers, and relevant landowners will have prior notice of each flight. 

vii. 91.113(b): Right-of-Way Rules

Atlantic Coast requests an exemption from 14 C.F.R. 91.113(b) to the extent that it applies to 

overhead aircraft operating at or above 500 feet above ground level as the UAS will be operating no 

higher than 400 feet above ground level. This part provides:

(b) General. When weather conditions permit, regardless of whether an 

operation is conducted under instrument flight rules or visual flight 

rules, vigilance shall be maintained by each person operating an 

aircraft so as to see and avoid other aircraft. When a rule of this 

section gives another aircraft the right-of-way, the pilot shall give 

way to that aircraft and may not pass over, under, or ahead of it 

unless well clear.

For example, if another aircraft is operating overhead at 10,000 feet above ground level, there is no 

danger posed to that other aircraft if the UAS is operating beneath 400 feet above ground level. However, 

as a condition to the approval of exemption, Atlantic Coast will operate its UAS to see and avoid and give 

way to other aircraft that should enter airspace at or below 400 feet above ground level. 

viii. 91.119: Minimum Safe Altitudes

Atlantic Coast requests an exemption from 14 C.F.R. 91.119. Section 91.119 establishes safe 

altitudes for operation of civil aircraft. Section 91.119(c) prevents flying an aircraft at an altitude of less 
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Page 15

than 500 feet or operating an aircraft closer than 500 feet to any person, vessel, vehicle, or structure. As 

this exemption requests authority to operate at altitudes up to 400 feet, an exemption is needed to allow 

such operations. As set forth herein, the UAS will never operate at higher than 400 feet above ground 

level. It will however be operated in a remote area on private property with the landowner’s consent. 

The equivalent level of safety will be achieved given the size, weight, limited speed of the UAS as 

well as the remote location where it is operated. No flight will be taken without the permission of the 

landowner or local officials. Because of the advance notice given to the landowner, all affected 

individuals will be aware of the planned flight. Compared to flight operations with aircraft or rotorcraft 

weighing far more than the three pounds proposed herein and the lack of flammable fuel on the UAS, any

risk associated with the UAS operations is far less than those presently presented with conventional 

aircraft operating at or below 500 feet above ground level for environmental monitoring. In addition, the 

low-altitude operations of the UAS will ensure separation between these small-UAS operations and the 

operations of conventional manned aircraft that must comply with Section 91.119.

ix. 91.121: Altimeter Settings

Atlantic Coast requests an exemption from 14 C.F.R. 91.121. This regulation 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.” As the 

UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is requested. 

An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight as well as the operator receiving live feedback 

information about the UAS, including the height of the UAS, its forward velocity, and compass heading. 

The operator will be able to observe and control the maximum height of the UAS. Additionally, the UAS 

will be operated within the line of sight of the PIC. 

x. 91.151(a): Fuel Requirements for Flight in Visual Flight Rules (“VFR”) 

Conditions

Atlantic Coast requests an exemption from 14 C.F.R. 91.151(a). Section 91.151(a) prohibits an 

individual from beginning “a flight in an airplane under visual flight rules conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, 

assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 25 minutes of powered flight making it 

impossible to meet the 30 minute reserve requirement in 14 C.F.R. §91.151. Given the limitations on the 

UAS’s proposed flight area and the location of its proposed operations within a predetermined and remote

area, a lower minimum battery power requirement in daylight or night VFR conditions is reasonable. 

Atlantic Coast believes that an equivalent level of safety can be achieved by limiting flights to 25 minutes 

or 25 percent of battery power, whichever happens first. This restriction would be more than adequate to 

return the UAS to its planned landing zone from anywhere in its limited and remote operating area. 
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xi. 91.203(a) & (b): Carrying Civil Aircraft Certification and Registration

Atlantic Coast requests an exemption from 14 C.F.R. 91.203 (a) and(b). The regulation 

provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil 

aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight 

authorization issued under § 91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs less than 3 pounds and is operated without an onboard pilot. As 

such, 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 

point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable 

to the UAS. 

xii. 91.215: ATC Transponder and Altitude Reporting Equipment and Use

Atlantic Coast requests an exemption from 14 C.F.R. 91.215. This section requires that 

installed Air Traffic Control (“ATC”) transponder equipment must meet specific performance and 

environmental requirements, and aircraft must be equipped with an operable coded radar beacon 

transponder.

There are presently no known commercially available ATC transponders that meet the payload 

requirements of a small UAS and are available at reasonable cost. However, because the UAS used by

Atlantic Coast will not be flying into or near airports, and will fly no higher than 400 feet above ground 

level, there is very low risk of collision with any manned aircraft. In addition, because there will be no 

need to have contemporaneous communication with Air Traffic Control, due to the short distances, short 

flight times, and restricted altitude the UAS will operate within, Atlantic Coast requests an exemption 

from this section. Additionally, the UAS is too small to contain ATC transponder equipment in any form 

that is known to be available commercially.

xiii. 91.405 (a) & (d); 407 (a)(1); 409 (a)(2); 417(a) & (b): Maintenance Inspections

Atlantic Coast requests an exemption from 14 C.F.R. 91.405 (a) and (d); 407 (a)(1), 409(a)(2), 

and 417 (a) and (b). 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 Atlantic Coast. Maintenance will be accomplished by the operator pursuant to 
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Page 17

the manufacturer’s Phantom 2 Vision+ User Manual and Phantom Pilot Training Guide. An equivalent 

level of safety will be achieved because these small UAS are very limited in size and will carry a small 

camera and operate only in remote and restricted areas for limited periods of time. If mechanical issues 

arise, the UAS can land immediately and will be operating from no higher than 400 feet above ground 

level. The operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the UAS and best suited to maintain the UAS in an airworthy condition to provide the 

equivalent level of safety. 

6) Summary for the Federal Register

The following summary is provided for publication in the Federal Register in accord with 14 

C.F.R. Part 11: 

Atlantic Coast, a nonprofit land trust, requests exemptions from the following rules:

14 C.F.R. 21, Subpart H; 14 C.F.R. § 43.7; 14 C.F.R. § 43.11; 14 C.F.R. § 

45.21; 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.25; 14 C.F.R. § 45.27; 14 

C.F.R. § 45.29; 14 C.F.R. § 47.3(b)(2); 14 C.F.R. § 61, Subpart E; 14 C.F.R. 

§ 91.7(a); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.9(c); 14 C.F.R. § 91.103; 

14 C.F.R. § 91.105; 14 C.F.R. § 91.109; 14 C.F.R. § 91.113(b); 14 C.F.R. 

§ 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203; 14 

C.F.R. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14 

C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b) 

to operate commercially a small unmanned aircraft vehicle (three pounds or less) to monitor, map, 

aerially photograph, survey and perform usual inspections by air of conservation forest, wildlife and

ecologically important resources and property for environmental purposes. 

Allowing small UAS to be used for environmental conservation, research, educational, and 

monitoring purposes enhances safety by eliminating risks associated with conventional surveillance 

operations, which traditionally use larger manned aircraft and must operate at low altitudes, weigh 

thousands of pounds, and carry large amounts of fuel. Approval of the Exemptions, in contrast, would 

allow a battery operated small UAS weighing less than three pounds and no human passengers to 

complete the same job with virtually no risk. Under these conditions, the Phantom will provide an 

equivalent, if not higher, level of safety in the environmental surveillance field, which supports the grant 

of this Request and Application for Exemptions. 

7) Privacy 

All flights will occur over private or controlled access property with the landowner’s prior consent 

and knowledge. Because overflight areas will be remote and rural, there is little to no chance that there 

will be inhabited houses in the visual area or other people who have not consented to being in close 

proximity with the Phantom. No attempt will be made to identify any individuals filmed during the 

flights except in cases where those persons are conducting unauthorized activities, are trespassing upon 
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Page 18

the Atlantic Coast conservation easement lands, or are damaging any of the land, forests, wildlife or 

natural resources under the management responsibility of Atlantic Coast, or interfering with any of 

Atlantic Coast’s conservation, management, or monitoring operations.13 

8) Conclusion 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, 

speed, operating capabilities, proximity to airports and populated areas, operation within visual line of 

sight, and national security – provide more than adequate justification for the grant of the requested 

Exemptions allowing Atlantic Coast to use the Phantom for and during the management, research, and 

educational operations of Atlantic Coast. 

CBJ:mmm

Exhibits Enclosed

A. Atlantic Coast IRC Section 501(c)(3) Designation Letter from the Internal Revenue Service 

B. CV of Robert D. Keller, Ph.D. 

C. DJI – Phantom 2 Vision+ User Manual

D. Example of Deed of Conservation Easement used by Atlantic Coast

E. DJI – Phantom 2 Vision+ Specifications

F. Certificates of Training

G. DJI – Phantom 2 Vision+ Training Guide

H. Photographs of Conservation Easement Lands

I. Materials from Chattahoochee Technical College - UAV Training Course 

cc: Robert D. Keller, Ph.D., Chief Executive Officer

Atlantic Coast Conservancy, Inc.

Mr. Walter C. Ernest, IV, Director of Operations

Pelican Coast Conservancy

2010654_8

 

13 See Photographs, “Exhibit H” attached hereto.