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November 12, 2015

To: US Department of

Transportation Docket 

Management System 1200 

New Jersey Ave, SE 

Washington, DC 20590

(Submitted electronically to the 

Federal Docket Management

system-FDMS)

From: Ryan Gillespie & 

William McGreevy

203 Aerial Photography

11 Magnolia Ave

Norwalk, CT 06851

Re: Petition of UAV Solutions, Inc. for an Exemption Pursuant to Section 333of the FAA 

Modernization and Reform Act of 2012 to Operate Unmanned Aircraft Systems for 

Aerial Data Collection

Dear Sir or Madam,

Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and 

Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Ryan Gillespie and William 

McGreevy, owners of 203 Aerial Photography (“203 AERIAL PHOTOGRAPHY”) which owns and 

operates the DJI Phantom 3 (“Phantom”) an Unmanned Aircraft System (UAS), hereby applies 

for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation of its UAS, so long as such operations are conducted within and under the conditions 

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

203 AERIAL PHOTOGRAPHY requests that the FAA review this petition pursuant to its “summary 

grant” process as the FAA has already granted exemptions similar in all material respects to this 

petition. See FAA Grant of Exception Nos. 13508, 13520, 11982, and 13483. The reasons stated 

by the FAA in granting the exemptions listed above also apply to this petition, and the grant of 

this petition is in the public interest.

REGULATIONS FOR WHICH EXEMPTION ISREQUESTED:

203 AERIAL PHOTOGRAPHY requests exemption from the following regulations:

 14 C.F.R § Part 21, SubpartH;

 14 C.F.R § Part 27;

 14 C.F.R § 45.23(b);

 14 C.F.R § 45.27(a);

 14 C.F.R § 61.113;

 14 C.F.R § 61.3;

 14 C.F.R § 91.7(a);

 14 C.F.R § 91.9(b)(2);

 14 C.F.R § 91.9(c);
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 14 C.F.R § 91.103;

 14 C.F.R § 91.109(a)

 14 C.F.R § 91.119;

 14 C.F.R § 91.121;

 14 C.F.R § 91.151(a)and (b);

 14 C.F.R § 91.203(a) and (b);

 14 C.F.R § 91.215

 14 C.F.R § 91.405(a)

 14 C.F.R § 91.407(a) (1);

 14 C.F.R § 91.409(a) (1) and (2)

 14 C.F.R § 91.417(a) and (b)

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

sensors, would operate in the following manner:

- Aerial photography and/or video for public and/or private use including real 

estate, architecture, surveying, engineering and other related professional

activities.

- Aerial video and/or photography for public and/or private use includingtelevision, 

public events, private events, cinematography and news gathering.

- Aerial inspection/photography of residential/commercial structures under contract with 

the owners or local government authority.

- Aerial inspection/photography or residential/commercial utility infrastructure including but

not limited to electrical power lines, wind turbines and celltowers.

- Aerial video/photography or providing live video feed to assist with search and 

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

authorities or government has requested it by contract or donation.

203 AERIAL PHOTOGRAPHY operates a DJI Phantom 3 Professional (4) blade quad copters weighing 

1280 grams to provide our services. The FAA has already approved the Phantom 3 for commercial 

use in FAA Exemption No. 11696 (FAA Docket No. FAA-2015-0746). The UAS has a maximum airspeed 

of 35 miles per hour and uses a remote controller operating on frequency range of 2.400-2.483 GHZ. 

The DJI Phantom 3 Professional is equipped with built-in ground support technology that allows it to 

fly utilizing global positioning system (GPS) for stability, tracking, safe flight mode and a return-tohome feature in the event of loss of remote control signal or critical low battery. All flights start with 

a pre-flight safety check and all flight data are recorded. The DJI Phantom 3 Professional is equipped 

with a gimbal mounted camera that sends a live video signal to the controller allowing the person in 

control (PIC) to monitor real-time video. Flight data, speed height, distance, battery level and general 

aircraft conditions are also displayed during operation. The DJI Phantom 3 Professional battery has a 

flight time of 15-20 minutes and is, therefore, always returned to original takeoff point and always 

flown utilizing visual line of sight (VLOS). DJI Phantom 3 Professional is more fully described in the 
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Phantom 3 User Manual. We have been training on the DJI Phantom 3 Professional for six months 

and have become proficient in all aspects of flight and safety of this UAS. Our request for exemption 

would allow us to offer unique aerial photography and videography services to our clientele.

UAS Safety Operating Parameters

We will abide by the following additional operating conditions under this exemption, which ensures a 

level of safety during UAS flight including operating the UAS below 400 feed and within a radius of 

1,000 feet from PIC always maintaining VLOS and obtaining permission from the owner/controller of 

any vessels, vehicles and structures when operations may be conducted closer than 500 feet to any 

such vessels, vehicles or structures. We will conduct a safety assessment of the risk of operating 

closer to those objects and determine that it does not present an undue hazard. Other safety 

operating parameters include:

- Operate the UAS for 15-20 minutes perflight.

- Land UAS prior to the manufacturers recommended minimum level of battery power.

- Operate the UAS during daylight hours only within VLOS.

- Utilize the UAS’ GPS flight safety feature whereby it hovers and then slowly lands 

if communication with the PIC is lost or battery becomes critically low.

- Always obtain all necessary permissions prior to operation.

- Have procedures in place to abort flights in the event of safety breaches or potential danger.

- Review weather reports prior to flight and never operate UAS in unsafe conditions, high

wind, low clouds or conditions that hinder visibility.

- Only operate in safe environments that are strictly controlled, are away from power 

lines, elevated lights, airports and densely populated areas.

- Also conduct extensive preflight inspections and protocols during which safety carries 

primary importance.

The PIC will also have a minimum of five hours logged on this craft and 10 hours minimum flying 

UAS quad copters under varying conditions and environments and will follow all safety protocol of 

203 AERIAL PHOTOGRAPHY as well as guidelines of 14 C.F.R § 61.51(b) having the ability to safely 

operate the UAS in a manner consistent with the operating documents, including evasive and 

emergency maneuvers and maintaining appropriate distances from people.

Specific Exemptions Requested

Given the size, weight, speed and limited operating area associated with the UAS, we feel an 

exemption from 14 CFR Part 21, Subpart H (Airworthiness Certificates) and 14 C.F.R § 91.203(a) and 

(b) (certifications required), subject to certain conditions and limitations, is warranted and meets 

the requirements for an equivalent level of safety under 14 CFR Part 11 and Section 333 of P.L. 112-

95 (Section 333).

We request an exemption from 14 C.F.R. Part 27. To the extent the UAS would otherwise require 
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certification under Part 27, 203 AERIAL PHOTOGRAPHY seeks an exemption from Part 27’s 

airworthiness standards for the same reasons identified in the request for exemption from 14 

C.F.R. Part 21, Subpart H.

We request an exemption from 14 C.F.R § 45.23 Marking of the Aircraft because the UAS will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the twoinch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal 

lettering requirement. Regardless of this, we can mark the UAS in the largest possible lettering by 

placing the word “Experimental” on its fuselage as required by 14 CFR 45.29(f) so that anyone will see

the markings.

We request an exemption from 14 C.F.R. § 45.27(a)states 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 14 C.F.R § 45.23. In a previous Grant of Exemption, the FAA 

determined that exemption from these requirements was warranted provided that the 

aircraft “have identification (N-Number) markings in accordance with 14 CFR Part 45, 

Subpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket 

No. FAA 2014-0352, at p. 14.

We request an exemption from 14 C.F.R. § 61.3: Requirements for certificates, ratings and 

authorizations and 14 C.F.R § 61.113 Private Pilot Privileges and Limitations: Pilot in Command. The 

applicant’s UAS do not carry any pilots or passengers nor property. The Risks attendant to the 

operation of the UAS is far less than the risk levels inherent in the commercial activities outlined in 

14 C.F.R § 61. The operation and limitations in the flight operation manual (FOM) will equate to the 

safe operations of the UAS. Given the safety features of the UAVs and the fact that the missions are 

pre-programmed and monitored in real-time with specific flight management software, 203 AERIAL 

PHOTOGRAPHY proposes that operators of the UAVs should not be required to hold a commercial or 

private pilot certification. Instead, operators should be required to have a valid driver's license, 

which shows the ability to follow safe operating instructions of a human controlled vehicle, be it with 

tires or in the air. It will also be achieved by having a properly trained UAV operator, and using the 

integrated features of the aircraft to maintain a high level of safety during the different missions.

We request an exemption from 14 C.F.R § 91.7(a) which prohibits the operation of an aircraft 

without an airworthiness certificate, since there is currently no certificate applicable to our 

operation, this regulation is inapplicable. We request an exemption from 14 C.F.R § 91.405(a), 14 

C.F.R § 91.407(a)(1), 14 C.F.R § 91.409(a) (1) and (2) and 14 C.F.R § 91.417(a) and (b) Maintenance 

inspections since they only apply to aircraft with an airworthiness certificate. However, as a safety 

precaution, we will perform a preflight inspection of the UAS before each flight as outlined in the 

attached operatingdocuments.

We request an exemption from 14 C.F.R § 91.9(b)(2) which requires an aircraft FOM in the aircraft, 

however, since there are no pilots or passengers on board the aircraft, and given its size, this 
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regulation is inapplicable. We believe an equivalent level of safety will be achieved by maintaining a 

safety/flight manual with the UAS ground station.

We request an exemption from 14 C.F.R § 91.9(c) which states that 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.

We request an exemption from 14 C.F.R § 91.103 Preflight Action. This regulation requires each PIC 

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

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

following the DJI Phantom 3 Professional preflight inspection including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before initiation 

of flight.

We request an exemption from 14 C.F.R § 91.109 Flight Instruction: Simulated Instrument Flight 

and Certain Flight Tests. The regulation states that “no person may operate a civil aircraft that is 

being used for flight instruction unless that aircraft has fully functioning dual controls. Although the 

DJI Phantom 3 Professional is capable of dual/linked controls, we will be operating with a single 

remotecontroller.

We request an exemption from 14 C.F.R § 91.119 which prescribes safe altitudes for the operation 

of civil aircraft, but allows helicopters to be operated at lower altitudes in certain conditions. We 

will not operate our UAS above the altitude of 400 feet above ground level (AGL) and will also only 

operate in safe areas away from the public and traffic, thus “providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes.” Given the size, weight and 

maneuverability and speed of the UAS, an equivalent or higher level of safety will beachieved.

We request an exemption from 14 C.F.R § 91.121 Altimeter Settings, as it is inapplicable since the 

UAS utilizes electronic GPS with a barometric sensor. We request an exemption from 14 C.F.R §

91.151(a) and (b) Fuel Requirements for Flight in visual flight rules (VFR) conditions. The UAS is 100 

percent electric and two low battery alerts are issued – per the operating documents, the UAS will 

be landed at the first alert. Also, our flights will last only 15-20 minutes each and the UAS has an 

automated function, which results in immediate landing when a low battery is detected. The PIC will 

not begin a flight unless, considering wind an forecast weather conditions, there is enough power to 

fly to the first point of intended landing and, assuming normal cruising speed, land the UAS with 30 

percent battery power remaining.
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We request an exemption from 14 C.F.R § 91.215 which 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.

Summary

We will comply with all of the following conditions and limitations should this grant of exemption 

be provided:

1. Operations will be limited to the following aircraft described in the operating documents which 

is a quad-rotor aircraft weighing less than seven pounds: DJI Phantom 3 Professional System.

2. The UAS will not be flown at an indicated airspeed exceeding 40mph.

3. The UAS will be operated at an altitude of no more than 400 feet AGL, as indicated by the 

procedures specified in the operating documents.

4. The UAS will be operated within VLOS of the PIC at alltimes.

5. All operations may utilize a visual observer (VO. The UAS will be operated within the VLOS of the 

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

designated before the flight and will not transfer his or her designation for the duration of the 

flight. The PIC will ensure that the VO can perform the functions prescribed in the operating 

documents.

6. The operating documents will be accessible during the UAS operations and made available to 

the Administrator upon request. Any revisions to the operating documents will be presented to 

the Administrator upon request.

7. 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 UAS will not be 

operated until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station will be included in the preflight inspection. 

All maintenance and alterations will be properly documents in the aircraftrecords.

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

replacement of a flight critical component, will undergo a functional test flight. The PIC who 

conducts the functional test flight will make an entry into the aircraftrecords.

a. The pre-flight inspection section in the operating documents will account for all

discrepancies, i.e. inoperable components, items or equipment not already covered 

in the relevant sections of the operating documents.
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9. We will follow the UAS manufacturer’s aircraft/component, maintenance,overhaul, 

replacement, inspection and life limitrequirements.

10. We will carry out maintenance, inspections and record-keeping requirements, in accordance 

with the operating documents. Maintenance, inspection and alterations will be noted in the 

aircraft records, including total flight hours, description of work accomplished and the signature 

of the authorized person returning the UAS to service.

11. Each UAS operated will comply with all manufacturer SafetyBulletins.

12. An authorized person will make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections.

13. The PIC will also meet the flight review requirements specified in 14 C.F.R § 61.56 in an aircraft 

in which the PIC is rated on.

14. Prior to operations conducted for the purpose of aerial videography/cinematography and 

augmenting real estate listing videos (or similar operations), the PIC will have accumulated and 

logged, in a manner consistent with 14 C.F.R § 61.51(b), a minimum of five hours as an UAS 

pilot operating the make and model of the UAS to be used in operations.

15. The PIC will not operate the UAS for the purpose of aerial videography/cinematography and 

augmenting real estate listing videos (or similar operations), unless the PIC has demonstrated 

and logged in a manner consistent with 14 C.F.R § 61.51(b), the ability to safely operate the UAS 

in a manner consistent with the operating documents, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehiclesand structures.

16. UAS operations will not be conducted during night hours, as defined in 14 C.F.R § 1.1 All

operations will be conducted under visual meteorological conditions(VMC).

17. The UAS will not operate within five nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart.

18. 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.

19. If a UAS loses communications or loses its GPS signal, it will return to a predetermined location 

within the planned operating area and land or be recovered in accordance with the operating 

documents.

20. The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents.

21. The PIC will not begin a flight unless, considering wind and forecast weather conditions, there is 

enough power to fly at a normal cruising speed to the intended landing point and land the UAS 

with 30 percent battery powerremaining.

22. 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.

23. The documents required under 14 C.F.R § 91.9 and 14 C.F.R § 91.203 would be available to the 

PIC at the Ground Control Station of the UAS at any time the UAS is operating. These 

documents will be made available to the Administrator or any law enforcement official upon

request.
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24. The UAS will remain clear and yield the right of way to all manned aviation operations and 

activities at all times.

25. The UAS will not be operated by the PIC from any moving device orvehicle.

26. The UAS will not be operated over congested or densely populated areas unless contracted out to 

do events.

27. Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UAS and/or debris in the event of an accident. We will ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UAS, 

flight operations must cease immediately.

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission and 

the PIC has made a safety assessment of the risk of operating closer to those objects 

and determined that it does not present an undue hazard.

c. Operations near to the PIC, VO, operator trainees or essential persons do not present 

an undue hazard to those persons per 14 C.F.R § 91.119(a).

28. All operations will be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted.

29. Any incident, accident or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable certificate of authorization (COA) will be 

reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents will be 

reported to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB website: www.ntsb.gov.

On behalf of 203 AERIAL PHOTOGRAPY, I would like to thank you for your consideration in 

granting this exemption.

Signed,

Ryan Gillespie & William McGreevy

203 Aerial Photography