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

Av enue, 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 Aviat** **ion 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); 1 4 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 r easons 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 Inter nal Revenue Code Section 50 1(c)(3) charitable organization. 1 As a nonprofit conservation land trust, Atlantic Coast acquires and holds title to conservation easements on many parcels of environmentall y sensitive forestland, open space, grasslands, wetland s, and aquatic habitats, wildlife and endangered species’ habitats, and biologically diverse land s 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, “E xhibit 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 b y 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 identifyingthe 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 thei r conservation lands utilizing aerial and ground photography, mapping and surveys to monitor wildlife and boundaries; to enforce compliance b y landowners; to inspect surface activities; and to identify, record, and remove exotic and invasive plants (such a s 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 Robe rt 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 relativel y inexpensive aircraft sy stem , the DJI Phantom 2 Vision+ Quadcopter (“ **Phantom** ”) , 3 under controlled conditi ons in airspace that is limited and predetermined. This will enable Atlantic Coast to safel y and efficientl y 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 mutu ally 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 Robe rt D. Keller, Ph. D., “Exhibit B ” attached hereto. 3 See DJI

– Phantom 2 Vision + User Manual, “Exhibit C” attached hereto.U.S. Department of Transportation

February 19 , 2015 Page 3

easement. 4 Atlantic Coast’s prior relationships with private land owners of all land where the **Phantom** will be used facilitate Atlantic Coast’s ability to obtain cons ent from all land owners and an y person who could potentially

come within 500 feet of the **Phantom’s** operation. Conservation easement management and monitoring are ongoing processes conducted b y Atlantic Coast. As stated in Standard 11 of the Land Trust A lliance Standards and Practices , “the land trust [Atlantic Coast] monitors its easement properties regularl y, 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 21 st 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 e asements 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, 6 allowi ng Atlantic Coast to improve its ability to safel y and efficiently monitor conservation easements, b y 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 photograph y b y 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 c arbon 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 resourc es and other ecologically sensitive lands, wildlife and natural resources fulfilling the Secretary of Transportation’s responsibility to “ . . . e stablish requirements for the safe operation of such aircraft sy stems in the national airspace s ys tem.” 7

4 See Deed of Conservation Easement, “E xhibit 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).U.S. Department of Transportation

February 19 , 2015 Page 4
**3) The UAS** 

**a. Description of UAS**  Atlantic Coast requests the E xemptio n s for use of the **Phantom** , a small unmanned aircraft s ys tem (“ **UAS** ”) , for nonprofit land and conservation easement management, site inspections, monitoring , conducting necessary

aerial s urveying, mapping, and aerial photograph y. **i. Flight Time**  **and Weight** The **Phantom** ’s maxi mum flight time is 25 minutes. The **Phantom** weighs less than three pounds.
**ii. Flight Radar**  The **Phantom** is equipped with flight radar that display s 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 Fl y Zone software to increase flight safety and prevent accidental flights into restricted areas.

**v. Manufacturer Updates**  The **Phantom** can co nnect to computers to receive manufacturer (DJ I) 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 Li Po battery with a capacity of 2000mAh, battery level LED indicators, and a throttle locking feature.
**vii. Antistatic Compass** 
T he **Phantom** has an anti

- static compass with a protectiv e shell. Together, these equipment features ensure Atlantic Coast and the UAS will “not create a hazard to users of the national airspace sy stem or the public.” 8

**viii. Flight Limitation Application** 

8 Reform Act Section 333 (b).U.S. Department of Transportation

February 19 , 2015 Page 5

The **Phantom** has software to prevent the UAS from flying into restricted areas, such as airports. The software creates a five mile safety zone aroun d 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 fl y higher than 400 feet. This height limit decreases as the UAS moves closer to the airpo rt so that when the UAS is 1.5 miles away , the **Phantom** may not fl y higher than 35 feet. If this occurs, th e operator has full control of the **Phantom** ’s movement, except that the **Ph antom**  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** h as features that allow the operator to manually set height limitations and limit how close a **Phantom** may fly to a safe ty

zone. **b. Phantom Equipment Factory Specifications**  9
**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 Stati on Built into the DJIVision App Remote Control New version (left dial, built

- in L iPo 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 L iPo 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/compar e - 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 Po wer (E IRP) CE: 25mw FCC: 100mw Working Voltage 120 mA@V Battery LiPo Battery 3.7V 2000mAH Left Dial Available Throttle L ock Available Trainer Port Available **Range Extender** Operating Frequency 2412

- 2462 MHz Communication Distance (Open Area) 50 0

- 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 operation s 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: DJ I **Phantom** 2 Vision+

. [See “ Exhibit C ” attached hereto.] 2. **Limited Flight Speed :**  The UAS will not be flown at a spee d exceeding a ground speed of 3 0 knots. 3. **Flight Altitude Limit :**  Flights will be operated at an altitude of no more than 400 feet above ground level. 4. **VLOS :**  T he 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

an y devi ce other than corrective lenses

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

the visual line of sight requirement, as long as the PIC alway s maintains VLOS capability . The VO and PI C must be able to communicate verbally at all times. 6. **Preflight Inspection :**  Prior t o 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 bee n performed and the UAS is re

- inspected and found to be in a condition f or safe flight. If there is a ground control s tation, it must be included in the preflight inspection. All maintenance and alterations will be properl y 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 criticalU.S. Department of Transportation

February 19 , 2015 Page 7
component will undergo a flight functional test. The PI C 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 require ments. At a minimum, this will include requirements for the following: actuators, transmission (single rotor), powerplant (motors), propellers, electronic speed controller, batteries, mechanical dyn amic components (single rotor), remote command and contro l, and ground control station (if used). 9

. **Operating and Flight Precautions :**  (a) The UAS will not be operated directly over an y person, except authorized and consenting personnel, or below an altitude that is hazardous to persons or property on the sur face 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 operation s and any surveying operations . Because these proce dures 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 adversel y affect safety and the Administrator has approved the reduction

. (d) If the UAS l oses communications or loses the GPS s ignal, the UAS will return to the original takeoff point. (e) The UAS will abor t the flight in the event of unpredicted obstacles or emergencies. (f) E ach 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** ”) p rior to conducting any operations. This COA will require Atlantic Coast to request a Notice to Airm e n (“ **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 UA S will comp ly with the Federal Communications Commission (“ **FCC** ”) or other appropriate government oversight agency requirements. 14

. **Plan of Activities :**  At least three day s before scheduled use, Atlantic Coast will submit a written Plan of Activities to the local FSD O 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 A ctivities will include at least the following: (a) D ate and times for all flights

.U.S. Department of Transportation

February 19 , 2015 Page 8
(b) N ame and phone number o f the operator of the UAS under this grant

.

(c) M ake, model, and serial or FAA issued N

- number or registered number of UAS to be used

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

. (e) S tatement that the operator has obtained permission from property owner s and/or local officials

. (f) T he signature of exemption

- holder or representative

. (g) D escription of the flight activity , including maps and diagrams of any area, city , town, county

and/or s tate over which UAS use will be conducted and the altitudes esse ntial 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 PI C at the ground control station or ground control point of the UAS an y 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 activi ties 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 b y the PIC from any moving device or vehicle. (c) Th e UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud o r when visibility is less than three statute miles from the PI C. (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 acc ordance w ith Notice to Airme n as required b y the Applicant’s COA. The letter of agreement with the airport management will be made available to the Administrator upon request. 18. **Accident Reports :**  An y incident, action, or flight operation that transgress es 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 fl ight operations will not be conducted until the incident, accident, or transgression is reviewed by the AFS

80 and authorization to resume is provided. **5) Atlantic Coast’s**  **Request for Exemption s**  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,U.S. Department of Transportation

February 19 , 2015 Page 9
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 envisi oned 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 E xemptions 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 associat ed with much larger, heavier, and faster conventional manned aircraft. In the alternati ve, 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 Survey s, Photograph y, and Mapping; and (b)(4) Conservation L ands. Based on the facts and descriptions we have provided for you on behalf of Atlantic Coast, we respectfull y request that the FAA grant the following requested exemptions:U.S. Department of Transportation

February 19 , 2015 Page 10
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. § 4 5.25; 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 S ubpart 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 Mainten ance, 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 b y DJI , the manufacturer of the **Phantom**

. The capabilities of Atlantic Coast operators to maintain and repair the UAS will m eet the requirements for an equivalent level of safety pursuant to Section 333 for this ty pe of UAS, its intended use, and the r emote r

ural 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 inspecti ons for UAS have been certified b y 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 th is section and §§ 45.23 through 45.33. There are no current procedures for obtaining a registration mark for UAS by the FAA.U.S. Department of Transportation

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 disp lay 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 c ertificated aircraft, the operator must also display o n that aircraft near each entrance to the cabin, cockpi t, 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 wi ll 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 pl aced. 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 wi ll be provided b y 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**  **Atlanti c 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 Aircraf**  **t 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 b y § 45.23. The UA S, 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 M**  **arks Atlantic Coast requests an exemption from 14 C.F.R. 45.29.**  This part provides at subpart (3) that the registratio n marks for rotorcraft must be at least 12 inches high. The UAS, due to its small size, does not have an y surface area large enough to display marks any

where near 12 inches high. However, as a condition to the grant of the exemption, Atlantic Coast is wi lling to place an aircraft mark on one orU.S. Department of Transportation

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" b eing used and may

be less than one inch in size.
**d**
**. 14 C.F.R. 47.3(b)(2): Registration Required**  **Atlantic Coa st 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 b y its owner; [or] (2) Is carryi ng aboard the temporary authorization required by § 47.31(c). There are no current procedures for obt aining 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 b y 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 exem**  **ption 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 p ilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations b y requiring the PI C operating the UAS to have completed a UAS flight training course before flyingthe UAS (See DJ I

– 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. Th e risks associated with the operation of the UAS are much reduced from the l evel of risk associated with conventional manned aircraft ope rations contemplated by Part 61. A llowing the Exemptions and special purpose operations of the UAS as requested by Atl antic Coast with an operator who has met the requirements of safety and training as stated in the DJ I

– Phantom Training Guide 10 and User Manual, 11 and has completed the Scheduled DJ I Phantom Training Course, and obtained a Pilot Training Program Certificate from The Chattahoochee Technical College 12 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 Certificate s o f Training, “Exhibit F ” attached hereto; see also http://www.chattahoocheetech.edu/2014/08/uav

- course - at

chattahoochee

- tech

- to

- take

- flight

- in

- f all/

.U.S. Department of Transportation

February 19 , 2015 Page 13

**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 maintenan ce, 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 A irplane or Rotorcraft Flight Manual , approved manual material, markings, and placards, or an y 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 becau se 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 M anual at the ground control point where the operator fl yi ng 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

o perate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with p art 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 b y the size of the "arm" being used and m ay 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 PI C to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flightU.S. Department of Transportation

February 19 , 2015 Page 14
manuals will not be provided for the UAS, an exemption is needed. The PIC will take all actions following the DJ I preflight inspection including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performan ce 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 carryi ng no flight crewmembers. However, to achieve an equivalent level of safety , Atlantic Coast will n ot operate the aircraft unless the same PIC is at the controls at all times.

**vi. 91.109:**  **Flight Ins truction; Simulated Instrument F**  **light and Certain Test s**  **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 co ntrols. UAS and remotel y 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 ex emptions 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.

**vi i.**  **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 e ach 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 t o that aircraft and may n ot pass over, under, or ahead of it unless wel l 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 ex emption, 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.

**v iii.**  **91.119: Minimum Safe Altitudes**  **Atlantic Coast requests an exemption from 14 C.F.R. 9 1.119.**  Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(c) prevents fl yi ng an aircraft at an altitude of lessU.S. Department of Transportation

February 19 , 2015 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 pe rmission of the land owner or local officials. Because of the advance notice given to the land owner, all affected individuals will be aware of the planned flight. Compared to flight operations with aircraft or rotorcraft weighing far more than the three p ounds proposed herein and the lack of flammable fuel on the UAS, any risk associated with the UAS operations is far less than those presentl y presented with conventional aircraft operating at or below 500 feet above ground level for environmental monitorin g. 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 req uests 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 infor mation 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).** Secti on 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 nor

mal cruising speed

– (1) During the day , to fl y 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 dayl ight or night VFR conditions is reasonable. Atlantic Coast b elieves that an equivalent level of safety can be ac hieved 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 any where in its limited and remote operating area.U.S. Department of Transportation

February 19 , 2015 Page 16

**x i.**  **91.203(a) &**  **(b): Carrying Civil Aircraft Certification and Registration**  **Atlantic Coast requests an exemp tion 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 o perate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. . . . (b) No person may

o perate a civil airc raft 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 w eighs 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 fl yi ng the UAS will have immediate access to them, to the extent they are applicable to the UAS.
**xi i.**  **91.215: ATC Transponder and Altitude Reporting Equipment and Use**  **Atlantic Coast requests an exempti on 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 presentl y no known commerciall y available ATC transponders that meet the payload requirements of a small UAS and are available at reasonable cost. Howev er, because the UAS used by Atlantic Coast will not be flying into or near airports, and wi ll 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 f light 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

.

**xii i**  **. 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 section s and Part 43 appl y only to aircraft with an airworthiness certificate, thes e sections will not apply

to Atlantic Coast . Maintenance will be accomplished b y the operator pursuant toU.S. Department of Transportation

February 19 , 2015 Page 17

the manufacturer’s Phantom 2 Vision+ User M anual 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 onl y 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 i nitiating flight, perform required maintenance, and keep a log of any m aintenance performed. Moreover, the operator is the person most familiar with the UAS and best suited to maintain the UAS in an airworth y condition to provide the equivalent level of s afety. **6) Summary for the Federal Regist**  **e r**  **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. § 4 5.25; 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 commerciall y a small unmanned aircraft vehi cle (three pounds or less) to monitor, map, aeriall y photograph, survey and perform usual inspections by air of conservation forest, wildlife and ecologicall y important resources and property for environmental purposes. Allowing small UAS to be used for environmental conservation , research, educational , and monitoring purposes enhances safety b y eliminating risk s associated with conventional sur veillance operations, which traditionally use larger manned aircraft and must operate at low altitudes, weigh thousands of pounds, and carry large amo unts of fuel. Approval of the E xemption s , in contrast, would allow a battery

operated small UAS weighing less than three pounds and no human passengers to complete the same job with virtu ally 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 land owner’s prior consent and knowledge. Because overflight areas will be remote and rural, there is little to n o 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 th ose persons are conducting unauthorized activities, are trespassing uponU.S. Department of Transportation

February 19 , 2015 Page 18
the Atlantic Coast conservation easement lands, or are damaging an y of the land, forests, wildlife or natural resources under the management responsibility of Atlantic Coast, or interferi ng with an y 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 E xemptions allowing Atlantic Coast to use the **Phantom** for and during the management , research, and educ ational operations of Atlantic Coast.

CBJ:mmm Exhibits En clos ed A. Atlantic Coast IR C Section 501(c)(3) Designation L etter 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 Conservati on 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, “E xhibit H ” attached hereto.