August 26, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Oregon Coast Drones

Section 333 Petition to Operate Small Unmanned Aerial Systems

Prepared by:

Ian Broad

1614 11th St

Tillamook, OR 97141

(308) 520-3532

ian.broad@outlook.com
August 26, 2015

Petition Summary:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95 (2012), 

126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general exemption 

authority under 49 U.S.C. § 44701(f), Ian Broad of Oregon Coast Drones (“Petitioner”) hereby petitions 

for exemptions from 14 C.F.R Part 21, Subpart H (Airworthiness Certificates), 14 C.F.R. Part 27 

(Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R §§ 61.113(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1)-(2), and 91.417(a)-(b).

The proposed exemption, if granted, would allow Petitioner to conduct commercial operations of small 

unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational and safety requirements 

Congress has set forth in Section 333.

Petitioner is an aerial service and technology business that plans to utilize the capabilities of 

Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Remote sensing

- Precision agriculture

- Mining

- Telecommunications

- Infrastructure and industrial inspections

- Search and rescue operations

- Aerial filmmaking and photography

- Energy systems inspections and asset management

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operations

- Pipeline inspection and patrolling

Statutory Authority

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for 

seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that 

the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the (comprehensive) plan and rulemaking required by section 

332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress 

made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several 

factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS 

operations.

The Petitioner requests relief from the following:

Section 61.113(a) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for compensation or 

hire, act as pilot in command of an aircraft.

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an 

airworthy condition.
August 26, 2015

Section 91.119(c) prescribes that, except when necessary for takeoff or landing, no person may operate 

an aircraft below the following altitudes, (c) Over other than congested areas. An altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.”

Section 91.151(a)(1) prescribes, in pertinent part, that—

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, 

assuming normal cruising speed, (1) During the day, to fly after that for at least 30 minutes.

Section 91.405(a) requires, in pertinent part, that—

(a) an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same 

part and shall, between required inspections, except as provided in paragraph (c) of the same section, 

have discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, (a) any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless, (1) it has been 

approved for return to service by a person authorized under § 43.7 of this chapter.

Section 91.409(a)(1)-(2) prescribes, in pertinent part, that (a) no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had, (1) an annual inspection in accordance with part 43 

of this chapter and has been approved for return to service by a person authorized by § 43.7 of this 

chapter; or (2) an inspection for the issuance of an airworthiness certificate in accordance with part 21 

of this chapter.

Section 91.417(a)-(b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, 

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled 

on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by 

the inspection program under which the aircraft and its appliances are maintained.
August 26, 2015

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety 

directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe 

and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or 

superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the 

aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be 

retained until the defects are repaired and the aircraft is approved for return to service.

The Petitioner has supplied the following additional information:

DJI Phantom 3 Operation Manual and Flight Checklist

Iris+ Operation Manual and Flight Checklist

3D Robotics X8-M Operation Manual and Flight Checklist

Unmanned Aircraft Systems requested to operate under this request:

DJI Phantom 3

3D Robotics Iris+

3D Robotics X8-M

The petitioner states that the unmanned aircraft (UA) to be operated under this request are less than 55 

lbs. fully loaded, fly at a speed of no more than 50 knots, carry neither a pilot nor passenger, carry no 

explosive materials or flammable liquid fuels, and operate exclusively within a secured area as set out in 

the POHs.

The Phantom 3 is a four-rotor manufactured by DJI. The VTOL quadrotor-type design has four motors, 

GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, the craft 

has integrated safety features built into the design of the UAS, as described in the POH, to ensure the 

safety of persons and property within and surrounding the limited operating area. The petitioner further 

describes that, in the event the UAS loses communications or its GPS signal, the UA will have the 

capability to return to a pre-determined location within the Security Perimeter and land. It will also have 

the capability to abort a flight in the event of unpredicted obstacles or emergencies.

The Iris+ is a four-rotor manufactured by 3D Robotics. The VTOL quadrotor-type design has four motors, 

GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, the craft 

has integrated safety features built into the design of the UAS, as described in the POH, to ensure the 

safety of persons and property within and surrounding the limited operating area. The petitioner further 

describes that, in the event the UAS loses communications or its GPS signal, the UA will have the 

capability to return to a pre-determined location within the Security Perimeter and land. It will also have 

the capability to abort a flight in the event of unpredicted obstacles or emergencies.

The X8-M is a four-rotor manufactured by 3D Robotics. The VTOL quadrotor-type design has eight 

motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, 

the craft has integrated safety features built into the design of the UAS, as described in the POH, to 

ensure the safety of persons and property within and surrounding the limited operating area. The 
August 26, 2015

petitioner further describes that, in the event the UAS loses communications or its GPS signal, the UA 

will have the capability to return to a pre-determined location within the Security Perimeter and land. It 

will also have the capability to abort a flight in the event of unpredicted obstacles or emergencies.

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and 

have identification (N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will 

be as large as practicable.

Pre-flight Inspection, Maintenance

Before each flight the PIC will perform a series of pre-flight and takeoff checks as defined by the POH 

supplied. After each 60 minutes of airtime, the craft will undergo a thorough inspection of all aircraft 

components, including, but not limited to:

a. Actuators / Servos

b. Motors, wiring and connectors

c. Propellers, smooth, no chips

d. Electronic speed controller, wiring and connectors

e. Batteries, wiring and connectors

f. Remote command and control

g. Ground control station

UAS Operating Parameters

The petitioner states that all flights will be operated within visual line of sight (VLOS) of pilot, in daytime 

VFR flight conditions and all operations will be conducted with the assistance of a second 

spotter/observer. The UAS flights will be limited to a maximum altitude of 400 feet AGL. Altitude is 

accurately measured by GPS. The petitioner further states that an operator will ensure that only 

consenting production personnel will be allowed within 100 feet of the UA operation, and UAS will be 

kept at least 100’ from any inhabited structure. Generally the petitioner’s UAS will be operated in rural 

or suburban areas that will permit significantly larger safety zones.

Flight Standards District Offices (FSDOs) will be notified as required prior to operations to describe 

intended coordination for proposed operation(s). Petitioner will obtain an Air Traffic Organization 

(“ATO”) issued Certificate of Waiver or Authorization (“COA”) prior to conducting any operations under 

this grant of exemption. In fulfilling its requirements under the COA, Petitioner will be required to 

request a NOTAM not more than 72 hours in advance, but not less than 48 hours prior to the operation.

Petitioner’s UAS will remain clear and yield the right of way to all manned operations and activities at all 

times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and 

hangliders). Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center 

of a non-towered airport unless a letter of agreement with that airport’s management is obtained and 

the operation is conducted in accordance with a Notice to Airmen (“NOTAM”).

Pilot in Command (PIC)

The pilot in command will be, Ian Broad of Oregon Coast Drones. Mr. Broad has logged over 50 hours of 

UAV flight time. He is a holder of a valid driver’s license, OR License number A164643, Expiring

06/23/2023. Mr. Broad has approximately 4 years of experience with rotor wing aircraft.
August 26, 2015

Radio Frequencies

Radio frequencies used will be those allotted by the FCC for data transmission and vehicle control in 

unlicensed frequency bands. All devices used will comply with FCC usage and emissions regulations.

Safety and Benefits of the UAS

The petitioner will be using the UAS in a variety of applications that generally require expensive full-size 

manned aircraft to complete. Small, light, unmanned aerial vehicles offer a myriad of benefits over the 

use of full-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced 

agriculture, film and still photography, just to name a few. Replacing significantly larger manned aircraft 

carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater 

margin of safety for the pilots and crew. By granting Petitioner’s requested exemptions, the FAA will 

help drive development of safe and successful commercial UAS operations and will advance the public 

knowledge base for such operations. Petitioner is committed to promoting the UAS research efforts of 

policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS

operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause 

to grant this Petition.

Conclusion

For the foregoing reasons, the exemptions requested herein should be granted and Petitioner should be 

permitted to conduct small UAS operations in accordance with its manuals and all other operating 

parameters deemed necessary and appropriate by the FAA.

Thank you for your consideration.

Sincerely,

Ian Broad

Oregon Coast Drones