1

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

s ystem

- FDMS ) From: Ryan Gillespie & William McGreevy
203 Aerial Ph otography 11 Magnolia Ave Norwalk, CT 06851

Re: Petition of UAV Solutions, Inc. for an Exemption Pursuant to Section 333 of 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 simila r 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 IS REQUESTED :

203 AERIAL PHOTOGRAPHY requests exemption from the following regulations:

 14 C.F.R § Part 21, Subpart H;

 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);2

 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 pub lic 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 including television, 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 cell towers.

- 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 Dock et 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
fl y utilizing global positioning system (GPS) for stability, tracking, safe flight mode and a return

- to

home 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 a re 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 ge neral 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). DJ I Phantom 3 Professional is more fully described in the3

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
woul d 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 per flight.

- 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 ne ver 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 w ill 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 maintainin g 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 require4

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 two

inch lettering is difficult to place on such a sm all 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 pre vious Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N

- Number) mark ings in accordance with 14 CFR P art 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 certifica tes, ratings and
authorizations and 14 C.F.R § 61.113 Private Pilot Privileges and Limitations: Pilot in Command. The

a pplicant’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 softwa re, 203 AERIAL PHOTOGRAPHY propo ses that operators of the UAVs should not be required to hold a commercial or private pilo t certification. Instead, operators should be required to h ave a valid driver's license, which shows the ability to follow safe operating instructions of a human cont rolled 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 inspec tion of the UAS before each flight as outlined in the attached operating documents.

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, this5

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 m ay 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 det ermined 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 a nd 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 ci vil 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

remote controller.

We request a n 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 t he UAS, an equivalent or higher level of safety will be achieved.

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 wi ll 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.6

We request an exemption from 14 C.F.R § 91.215 which requires that installed Air Traffic Control (“ATC”) transponder equipmen t 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 sma ll 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 sec tion. 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 40 mph

. 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 all times.

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 PI C 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 w ill 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

ope rated 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 a ircraft records.

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 a n entry into the aircraft records.

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.7

9. We w ill follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection and life limit requirements.

10. We will carry out maintenance, inspections and record

- keeping requirements, in accordance with the operating documents. Mainte nance, 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 manufact urer Safety Bulletins.

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 i n 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 consiste nt 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, vehicles and 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 U AS 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 visibilit y 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 PI C 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 cruisi ng speed to the intended landing point and land the UAS with 30 percent battery power remaining.

22. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS will comply with the Federal Communications Commission (FC C) 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 wi ll be made available to the Administrator or any law enforcement official upon
request.8

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 mov ing device or vehicle.

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 unle ss:

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
nonpart icipating 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 grant ed 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 r epresentative 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 b ehalf 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