September 16, 2015

Exemption No. 12868

Regulatory Docket No. FAA−2015−2153

Mr. Benjamin Magro

Benjamin Magro Coastal Helicopters Inc.

141 Peabody Road

Appleton, ME 04862

Dear Mr. Magro:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter posted to the public docket June 16, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Benjamin Magro Coastal Helicopters Inc. (hereinafter 

petitioner or operator) for an exemption. The petitioner requested to operate an unmanned 

aircraft system (UAS) to conduct aerial photography, videography, cinematography, mapping, 

surveying, and inspections.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3 Professional.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 
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has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Benjamin Magro Coastal Helicopters Inc. is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Benjamin Magro Coastal Helicopters Inc. is hereafter referred to 

as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 

Professional when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 
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limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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 been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

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

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must 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 UA and/or debris in the event of an accident. The operator must 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 UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

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

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Benjamin Magro Coastal Helicopters Inc.

141 Peabody Road 

Appleton Maine 04862

bmp@benmagrophoto.com

207 323 2030

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform 

Act of 2012

Attachments: 

1) Phantom 3 Professional (Quick Start Guide) 

2) Phantom 3 Safety Guide

References: 

1) FAA Exemption No. 11138, Regulatory Docket No. 

FAA20140481 in the matter of the petition of DOUGLAS 

TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. 

FAA–2014–0508 in the matter of the petition of 

ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. 

FAA20140355

in the matter of the petition of FLYING CAM INC
4) FAA Exemption No.11405, Regulatory Docket No. 

FAA-2015-0118 Bryan Cherry

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a 

Petition for Exemption

under section 333 of the FAA Modernization and Reform 

Act of 2012, I Benjamin Magro president of Coastal

Helicopters Inc, referred to hereafter as the petitioner, 

request exemption from the following sections of

Title 14, Code of Federal Regulations :

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a);

91.405(a); 91.407(a)(1); 91.409

(a)(1); 91.409(a)(2); 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) 

commercially in airspace regulated by the Federal Aviation 

Administration (FAA) for the purposes of aerial

photography, cinematography, videography, mapping, crop 

surveying, inspections and other flight operations that could 

be performed safely and more cost effectively with the

use of small UAS at low altitude within the U.S. national 

airspace system as compared to a manned aircraft.

Operations will be performed only at the request of and 

with the authorization and permission of clients or their 

authorized agents in order to facilitate commerce and raise 

awareness of the beneficial uses of small unmanned air 

systems 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. 

The conditions identified and proposed by the petitioner are 

drawn from references 13.

The FARs

The petitioner seeks exemption from the above mentioned 

FARs for the following reasons;

61.113(a) & (b); The petitioner requests relief in order to 

facilitate the utilization of pilots, who hold a PRIVATE 

PILOT (or greater) certificate. Any pilots operating under 

this exemption would be required to comply with any 

conditions as set forth and in a similar fashion to the 

previously granted exemptions.

91.119(c) As discussed in Exemption 11138 (DOUGLAS 

TRUDEAU), operations conducted closer than 500 feet to 

the ground may require that the UA be operated closer than 

500 feet to essential persons, or objects that would not be 

possible without additional relief. The petitioner requests 

modification, waiver or exemption and clarification 

concerning the terms “congested areas” and “densely 

populated”. The petitioner requests waiver for this 

condition to allow reasonable and responsible

operations in areas of subdivisions and neighborhoods if 

required.
91.121 As discussed in Exemption 11138 (DOUGLAS 

TRUDEAU) is inapplicable since the UAS does not have 

an altimeter and instead utilizes electronic

GPS with a barometric sensor for altitude information.

91.151(a) As discussed in Exemption 11136 (ADVANCED 

AVIATION SOLUTIONS LLC) prior relief has been 

granted for manned aircraft to operate at less

than the prescribed minimums, including Exemption Nos. 

2689, 5745, and 10650. In addition, similar UAS specific

relief has been granted in Exemption Nos. 8811, 10808,

and 10673 for daytime, VFR conditions. The UAS provides 

battery power remaining in percent to the PIC. The UA 

batteries provide approximately 25 minutes of powered

flight. Information provided in the operating documents 

discusses procedures regarding remaining battery power 

management. Those documents contain a condition in 

which the PIC will initiate a landing procedure when 

battery remaining reaches a specified level. Given the 

limitations on proposed operations and the location of those 

proposed operations, The FAA found that a reduced 

minimum power reserve for flight in daytime

VFR conditions was reasonable

.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & 

(b) As discussed in Exemption 11138 (DOUGLAS 

TRUDEAU), The petitioner proposes to inspect and

ensure that the UAS is in a condition for safe flight in 

accordance with the operating documents. The FAA found 

that adherence to the petitioner’s operating documents and
the conditions and limitations specified, describing the 

requirements for maintenance, inspection, and 

recordkeeping, were sufficient to ensure that safety would 

not be adversely affected.

The UAS

The DJI Phantom 3 professional is a highly successful 

consumer grade small

rotorcraft in the quad-copter configuration with an 

advertised weight of less than 44

Ounces (1280g) designed primarily to carry aloft a high 

definition camera. It has an advertised maximum speed of 

less than 30 knots (16m/s) and a maximum climb rate of

less than 1200 feet per minute (5 m/s). It is powered by 

four electric motors with a distance between motors of less 

than 14 inches (350mm) It utilizes an internal inertial

measuring unit (IMU) with integrated barometric sensor 

augmented with global positioning system (GPS) to 

maintain its geospatial orientation and position. 

It is controlled primarily through an FCC certified radio 

control (RC) unit at an approved frequency of 2.400 Ghz -

2.483 Ghz. Real time video and telemetry information is 

transmitted back to a ground control station allowing the

operator and/or PIC to monitor battery level, GPS signal 

strength, altitude (AGL), distance from PIC, camera 

imagery, and control camera angle. It has failsafe modes of

operation for either loss of RC or GPS signal. Altitude can 
be limited by the onboard flight controller and maximum 

altitude can be preprogrammed by the PIC.

Battery life limits flight times to approximately 25 minutes. 

The onboard flight controller will warn the pilot via 

telemetry and external lighting cues before reaching a low 

battery state. An automatic termination of flight and 

landing will be initiated when the battery reaches a

predetermined low state. It is anticipated that flights will 

usually last less than 15 minutes. More information is 

available in attachment 1 or

http://www.dji.com/product/phantom-3

Risk mitigation

The petitioner has reviewed FAA exemptions reference’s 

13 Conditions and Limitations section and believes that the 

procedures specified therein are reasonable and will be 

utilized in order to manage and mitigate risk and ensure 

public safety. A preflight checklist will be developed and 

employed to ensure that the UA airworthiness will be 

verified before launch. Airworthiness will be maintained by 

performance of routine inspections before each flight, 

maintaining flight and maintenance logs to record

time on failure prone components.

The petitioner request that in a manner similar to reference 

3, and 4 he be allowed to operate within 5 miles of an 

airport provided that;
“The UA may not operate in Class B, C, or D airspace 

without written approval from the FAA. The UA may not 

operate within 5 nautical miles of the geographic center of 

a non-towered airport as denoted on a current FAA

published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. 

The letter of agreement with the airport management must 

be made available to the Administrator upon request.”

Operations within 5 miles of an airport are not anticipated 

to be routine but the petitioner is requesting a mechanism to 

facilitate such activities without requesting a new and

separate exemption(s) should the need arise. Operations 

within class B airspace are not requested due to the lack of 

mode C transponder.

Public interest

Use of the UAS in lieu of a manned aircraft would enhance 

safety and reduce the environmental impact as compared to 

similar operations conducted with manned aircraft of 

greater proportions, carrying a crew and flammable fuel.

Additionally, use of the UAS in order to facilitate 

commerce could lead to economic growth. Operations for 

this petition will enable service for property owners or their 

designees seeking an enhanced perspective for 

characteristics, amenities, and benefits of their desired 

photographic subjects that cannot be displayed through 

ground level videography/photography. 
Aerial photography is a valuable marketing tool that can 

lead to increased commerce and enhance personal 

photography. Crop surveying applications could lead to 

decreased use of pesticides and fertilizer and conservation 

of water as well as increased crop yields and decreased 

costs. Aerial surveying and inspections can increase work 

site efficiency, improve volumetric estimations and reduce 

risks. The petitioner will provide clients with photographic 

data for these purposes on a ‘for hire’ basis acting as an

independent contractor. A visual observer will be utilized. 

Liability insurance will be obtained commensurate with the 

granting of this request for exemption. Flight data

including UA flight time, Control Unit operation time, 

incident, accident, and details concerning any deviations 

from normal operations will be available to FAA for use in

collecting data regarding the use of UAS as part of this 

application.

Conclusion

The petitioner is requesting this exemption for the purposes 

of “aerial photography, cinematography, videography, 

mapping, crop surveying, inspections and

other flight operations” similar to Reference 4. 

The reason for a broad based request is that the petitioner 

wishes to utilize a business strategy of capitalizing on 

opportunities as they may arise in the future without the 

long turnaround time associated with additional 

exemptions.
The petitioner's business model is based on the idea of 

offering small UAS services to individuals or companies 

who wish to employ these services as a safe, effective, and 

legal option to promote their business or hobby. 

The petitioner’s research shows demand for these services 

currently exists in the real estate market and other markets. 

Videography and photography are the primary objective of 

this petition. 

An internet search shows that many are currently operating 

similar UAS in this fashion without, it is assumed, FAA 

authorization. The petitioner has refrained from engaging in 

commercial use of the UAS. The primary purpose of 

seeking this exemption is to obtain the capability to offer 

those services while remaining in compliance. 

The petitioner has 25 years of experience in commercial 

aviation and holds an FAA airman certificate, Commercial 

Pilot Helicopter, Flight Instructor Helicopter, Airframe and 

Power Plant Mechanic, Inspection Authorization 

Certificates # 3490668 and a second class medical 

certificate issued January 2015. Petitioner has 2700 PIC 

hours in helicopters.

Respectfully submitted,

Benjamin Magro Coastal Helicopters Inc.