6609 Pensford Lane

Charlotte, NC

Phone: 704-806-2307

E-mail: karl@beaconaerial.com

October 6, 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. §11.81,

Beacon Aerial, LLC ("Beacon Aerial") seeks an exemption from the Federal Aviation Regulations detailed

below for the DJI Phantom 2 and Phantom 3 Professional UAS systems. The Phantom 2 has a maximum

gross takeoff weight of 2.6 lbs. The Phantom 3 Professional has a maximum gross takeoff weight of 2.8 lbs.

Both systems are multi-rotor aircraft with electric propulsion. Both the Phantom 2 and the Phantom 3

Professional are commercial UAS systems from DJI, each with a proven track record and each having been

approved for flight under Section 333 for many different users.

The requested exemption would allow Beacon Aerial to pursue commercial interests in aerial data

collection using small unmanned aircraft systems. The systems proposed will be used for video and

photography applications, specifically for inspection services in the real estate construction, agricultural,

municipal assets management, surveying and topology industries. The team at Beacon Aerial includes a

licensed operator with over 20,000 hours of experience operating small UAS. Operations will be conducted in

accordance with FAA N 8900.227 and utilize both a Pilot-in-Command and a ground-based visual observer.

Beacon Aerial 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. In regards to airports, the UAS will not be operated within:

(a) 5 nautical miles (NM) from an airport having an operational control tower; or
(b) 3 NM from an airport with a published instrument flight procedure, but not an operational tower;

or

(c) 2 NM from an airport without a published instrument flight procedure or an operational tower; or

(d) 2 NM from a heliport with a published instrument flight procedure.

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

5. The aircraft will remain within visual line of sight of the observer at no more than 1/2 NM range.

6. A NOTAM will be issued prior to flight operations.

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

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

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

10. 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.

11. 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.

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

13. All flights will be conducted below 70mph.

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

of the Beacon Aerial 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. §91.119

• 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

Beacon Aerial is submitting this request for exemption for the DJI Phantom 2 and Phantom 3 Professional

systems, both commercially available UAS from DJI; both systems are reliable and popular aircraft utilized

by hobbyists and professionals alike. Beacon Aerial has expertise and knowledge in the operations of these

systems. We will utilize training and operational procedures that follow the guidelines presented in N

8900.227.

Beacon Aerial 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. Beacon Aerial proposes that the

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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.

The DJI Phantom 3 Professional is a multi-rotor aircraft that utilizes electric propulsion. Figure 1

below contains an image of the Phantom 3 Professional, which has dimensions of 14"x14"x7" and weighs

2.8 lbs. Beacon Aerial proposes that the small size and weight of the Phantom 3 Professional flown under

the guidelines of N 8900.227 will have an equivalent level of safety to manned aircraft performing similar

missions.

Figure 1: The UAS: (1) the DJI Phantom 2 and (2) the DJI Phantom 3 Professional.

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 aerial inspection, photography and videography applications.

Utilizing UAS in the aerial inspection industry provides public consumers with a higher level of service, and

at a reduced cost when compared to the use of manned aircraft. Buyers experience the benefit of getting a

high-definition visualization of the property, asset or infrastructure being inspected, in one image or a short

video.

Beyond Beacon Aerial and its clientele, the use of UAS in aerial inspection applications 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 the emerging UAS industry that will result in economic benefits for the public

as a whole. Additionally, the public interest is served by introducing a new viable alternative to aerial

inspection photography and videography by traditional manned aircraft, thus presenting American consumers

with a new affordable choice of service in a marketplace where only three options for aerial inspection

services (manned aircraft photography, satellite earth observation imagery and physical inspection by trained

personnel) had previously existed. Additionally, the use of UAS in aerial inspection applications benefits

the public interest as it provides a safe, viable alternative to physical inspection conducted by individuals

that would have to climb or traverse over difficult and potentially unsafe terrain and structures; the use

of UAS for aerial inspection eliminates the risk of bodily injury or death that exists when an individual

inspector must physically inspect in dangerous positions or under dangerous conditions.

In general, the public interest is benefited by maximizing the efficiency of the application while

minimizing the risks involved in the use of traditional methods of aerial photography.

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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). Beacon Aerial 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, Beacon Aerial believes that an Equivalent Level of Safety can be reached if the operator

has a valid driver’s 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.

Beacon Aerial requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. §61.133(a)

so that the 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. Beacon Aerial 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. Beacon

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

certificate. Given the size of the aircraft, self-certification of airworthiness 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. Beacon Aerial assumes that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. Beacon Aerial 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. §91.119 - 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. The regulation provides that over congested areas, the

aircraft must be operated at or above "an altitude of 1,000 feet above the highest obstacle within a horizontal

radius of 2,000 feet of the aircraft".

Since the UAS in this exemption application will be operating at a maximum of 400 feet AGL, this

requirement cannot be followed. To provide an equivalent level of safety, Beacon Aerial 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 that this distinction should be considered in granting the exemption. Furthermore, Beacon

Aerial will not operate 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 aircrafts 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.

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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.

Beacon Aerial plans to have the qualified PIC perform maintenance and inspection of the aircraft and

that the PIC shall "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 work performed in accordance with 91.417. We maintain that due

to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

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