7 LaDonna Place SW

Rome, Georgia 30165

Phone: 706-766-3693

E-mail: david@spectrumeducationusa.com

August 28, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC, 20590

RE: Exemption Request Under Section 333 of the FAA Modernization and Reform Act of

2012 and 14 C.F.R. Part 11

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11,

Spectrum Education LLC seeks an exemption from the Federal Aviation Regulations detailed below for the

DJI Phantom 2 UAS. The Phantom 2 has a maximum gross takeoff weight of 2.6 lbs. It is a multi-rotor

aircraft with electric propulsion. The Phantom 2 is a commercial UAS from DJI with a proven track record

and has been approved for flight under Section 333 for many different users.

The requested exemption would allow Spectrum to pursue commercial interests in aerial data collection

using small unmanned aircraft systems. The systems proposed will be used for real estate applications. The

team at Spectrum has over 100 hours experience operating small UAS and have passed the Flysafe UAV

training program. Operations will be conducted in accordance with FAA N 8900.227 and utilize both a

Pilot in Command and a ground-based visual observer. Spectrum will also utilize emergency, lost link, and

lost communication procedures. All flights under these exemptions will be conducted with the following

restrictions:

1. Flights will be in Class G airspace at no more than 400’ AGL.

2. The UAS will be operated over private property only with the permission of the owner.

3. The UAS will not be operated over populated areas.

4. The UAS will not be operated within 5 NM of an airport.

5. Operations will be limited to daytime operations under visual meteorological conditions.

6. The aircraft will remain within visual line of sight of the observer at no more than 1/2 NM range.
7. A NOTAM will be issued prior to flight operations.

8. The UAS will have a maximum GTOW of less than 55 lbs.

9. The aircraft will be U.S. registered and display the N-number.

10. The PIC and Observer will possess the certifications required under N 8900.227.

11. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure that the UAS and

associated systems are in a condition for safe operation.

12. The PIC and observers will maintain two-way communications with each other during all operations;

if unable to maintain two-way communications, or if any condition occurs that may otherwise cause

the operation to be unsafe, the operator will immediately conclude the operation.

13. The aircraft will automatically return to a specific location if the communications link is lost.

14. All flights will be conducted below 70mph.

The regulations from which the exemption is requested are as follows. The Appendix contains details

of the Spectrum operations related to showing an equivalent level of safety for these exempt regulations.

• 14 C.F.R. Part 21, Subpart H

• 14 C.F.R. §91.203(a) and (b)

• 14 C.F.R. §45.23(b)

• 14 C.F.R. §61.23(a)

• 14 C.F.R. §61.113(a) and (b)

• 14 C.F.R. §61.133(a)

• 14 C.F.R. §91.7(a)

• 14 C.F.R. §91.9

• 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)

• 14 C.F.R. Subpart E (§91.401 - §91.417)

UAS Overview

Spectrum is submitting this request for exemption for the DJI Phantom 2, a commercially available UAS

from DJI, a reliable and popular aircraft utilized by hobbyists and professionals. Spectrum has expertise

and knowledge in the operations of this system. We will utilize training and operational procedures that

follow the guidelines presented in N 8900.227.

Spectrum is planning on using the proposed UAS to pursue further commercial applications. The DJI

Phantom 2 is a multi-rotor aircraft that utilizes electric propulsion. Figure 1 below contains an image of the

Phantom 2, which has dimensions of 14"x14"x7" and weighs 2.6 lbs. Spectrum proposes that the small size

and weight of the Phantom 2 flown under the guidelines of N 8900.227 will have an equivalent level of safety

to manned aircraft performing similar missions.

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Figure 1: The DJI Phantom 2 UAS.

Public Interest

Granting this exemption would benefit the public as a whole. The small UAS in this application offer a

strong equivalent level of safety to manned aircraft, and a reduction in environmental impacts compared

with the manned aircraft that are currently used for real estate applications. Utilizing UAS in the real

estate industry provides both buyers and sellers a higher level of service. Buyers experience the benefit of

getting a visualization of the whole property, sometimes several acres, in one image or a short video. Beyond

the buyer and seller, this benefits the general public because it is much more efficient than traditional ways

of using a manned aircraft or helicopter to achieve the same result. These small UAS carry no passengers,

pilot, or combustible fuel, and present little danger to the public when operated safely. Allowing commercial

UAS operations will also promote the growth of this new industry that will result in economic benefits for

the public as a whole.

The name and contact information of the applicant are:

Spectrum Education LLC

Attn: David Wright

Phone: 706-766-3693

E-mail: david@spectrumeducationusa.com

Spectrum requests exemption under Section 333 to enable safe commercial UAS operations for the

activities stated. Please contact us if you require additional information or clarification.

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APPENDIX

Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 C.F.R. §91.203(a) and (b) - Civil aircraft: Certifications required.

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates

as required by FAR §91.203(a). Spectrum requests an exemption from these rules and will utilize an internal

airworthiness process based on inspections and pre-flight checks resulting in an equivalent level of safety.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size,

weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved.

14 C.F.R. §45.23(b) - Display of marks; general.

These regulations provide that each aircraft must display "N" and the aircraft’s registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the small size of the

UAS, this requirement is impossible to match. The equivalent level of safety will be achieved by having the

registered N-number in 1 inch lettering on the side of the fuselage.

14 C.F.R. §61.23(a) - Medical certificates: Requirement and duration.

Regulations provide that a person must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other

than operations specified in paragraph (a)(1)(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the UAS in this petition and the limited flight area and the safety features integrated in

the autopilot Spectrum believes that an Equivalent Level of Safety can be reached if the operator has a

valid drivers license.

14 C.F.R. §61.113(a) and (b), §61.133 - Private Pilot Privileges and Limitations: Pilot in

Command; Commercial Pilot Privileges and Limitations

Subsections (a) and (b) of §61.113 prohibit private pilots from operating aircraft in commercial operations,

and §61.133(a) requires an individual operating an aircraft for compensation or hire to hold a commercial

pilot certificate.

Spectrum requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. §61.133(a) so that

above mentioned UAS may be operated by individuals who have a private pilot certificate. Based upon the

design features of the UAS, its autopilot system, and safety factors, the FAA should permit operation of

UAS by operators with a private pilot certificate when the conditions described above have been satisfied.

The above-described conditions are in-line with those set forth in Volume 16, Chapter 4, Section 1 of FAA

Order 8900.1.

Spectrum proposes to conduct operations in accordance with these restrictions. Given these conditions

and restrictions, an equivalent level of safety to manned operations will be achieved through operation

with a private pilot certificate. The risks associated with the operation of multi-rotor aircraft (given the

size, speed, operational capabilities, and lack of combustible fuel) are so much less than the level of risk

associated with fixed wing and rotorcraft operations, both private and commercial, as contemplated by Part

61, that allowing operations of these UAS, as set forth above, meets or exceeds the present level of safety

provided under 14 C.F.R. §61.113(a) and (b) and §61.133(a).

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14 C.F.R. §91.7(a) - Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

Spectrum requests that an exemption be granted allowing commercial operation without an airworthiness

certificate. Given the size of the aircraft, self certification will provide an equivalent level of safety.

14 C.F.R. §91.9(b)- Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual

is in the aircraft. Spectrum assumes that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. Spectrum requests an exemption to this

requirement since the aircraft is not only too small to carry documentation, but the documentation would

not be available to the crew. The equivalent level of safety will be achieved by keeping a hard copy of the

user manual with the ground crew.

14 C.F.R. §91.109(a) - Flight instruction; Simulated instrument flight and certain flight tests

Sections 91.109(a) provides that no person may operate a civil aircraft that is being used for flight instruction

unless that aircraft has fully functioning dual controls. The UAS in this exemption are remotely piloted

aircraft, and, by design, not equipped with fully functional dual controls. Flight control is accomplished

through the use of a control box that communicates with the aircraft via wireless radio communications.

Utilizing a pilot skilled in remote piloting will provide an equivalent level of safety.

14 C.F.R. §91.119 - Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500

feet to any person, vessel, vehicle, or structure. Since the UAS in this exemption will be operating at a

maximum of 400 feet AGL, this requirement cannot be followed. To provide an equivalent level of safety

Spectrum will only fly over private property with the permission of the land owner. The land owner will

be briefed of the expected route of flight and the associated risks to persons and property on the ground.

We maintain that due to the small size of the UAS, the hazard to persons, vessels, vehicles, and structures

is not comparable to manned aircraft and should be considered in granting the exemption. Furthermore,

Spectrum will not operate over congested areas nor over any open air assembly of persons.

14 C.F.R. §91.121 - Altimeter settings.

The regulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 nautical miles of the aircraft. The UAS will fly below 400 feet AGL and will not need to

maintain hemispherical cruising altitudes in order to de-conflict with other aircraft. To provide an equivalent

level of safety, the autopilot calculates the reference altitude (ground level) with the on-board GPS during

the pre-flight tests. The GPS and barometer data are then used to calculate the altitude in-flight.

14 C.F.R. §91.151(a) - Fuel requirements for flight in VFR conditions.

The regulation states that no person may begin a flight in an airplane under day-VFR conditions unless

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.

As the aircraft in this request are electric-powered, this requirement is inapplicable. An equivalent level

of safety is achieved through a low battery power warning. The UAS in this application are designed to

automatically return to base and land safely when the power is too low.

14 C.F.R. Subpart E (§91.401 - §91.417) - Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft

be "approved for return to service by a person authorized under 43.7" after maintenance and inspection.

Spectrum plans to have the PIC perform maintenance and inspection of the aircraft and "be authorized to

approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition

prior to flight and conduct detailed inspections after every 10 flight hours. Additionally, checklists will be

utilized with all of the necessary pre-flight procedures prior to every flight operation. The PIC will document

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work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the

aircraft, the PIC can ensure an equivalent level of safety.

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