1

January 25 th , 2016

Bridget Elkin

114 Main Street Greenport, NY 11944

U.S. Department of Transportation Docket Operations West Building Ground Floor

Room W12

- 140 1200 New Jersey Avenue, SE., Washington, DC 20590

- 0001

Re: Exemption Request Pursuan t to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

To whom it may concern,

In accordance with the Public Guidance for Petitions for Exemption filed under Section 333, Bridget Elkin (“the applicant”) requests exemptio n from the Federal Aviation Regulations to allow for commercial UAS (“unmanned aircraft systems”) operations of a DJI Phantom 3 Professional (“aircraft”), for the purpose of conducting aerial photography and aerial videography pertaining to:

● Agricultural communities, specifically the Long Island Wine Council and its member vineyards

● Evaluation and documentation of land preservation and conservation efforts, such as aiding efforts to control soil erosion and restore wetlands, as overseen by The Peconic

Land Trust

● The promotion of sustainable organic food production, specifically on the North Fork of Long Island, NY and in the Finger Lakes Region of NY

● Private and public events such as but not limited to weddings, reunions, fundraisers and local community sp onsored events

● Clients looking to promote their local or small businesses

● Real estate marketing

● News coverage and search and rescue efforts as under contract of the local government.

● Personal photography

Operators name and address: Bridget Elkin

114 Main Street Greenport, NY 11944

516.330.6086

Email : bridgetelkinphoto@gmail.com2

Glossary of Abbreviations

AGL: Above Ground Level

AIRCRAFT: DJI Phantom 3 Professional

FAA: Federal Aviation Administration

FAR: Federal Aviation Regulation

GPS: Global Positioning System

PIC: Pilot in Command

Section 333: FAA Modernization and Reform Act of 2012 (FMRA) Section 333

UAS: Unmanned Aircraft System

VFR: Visual Flight Rules

VLOS: Visual Line of Sight

Make and model of the aircraft for proposed operations:

DJI: PHANTOM 3 PROFESSIONAL

Weight (including battery and propellers) 1280 g

Diagonal size (including propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy ● Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m

● Horizontal: +/

- 1.5 m

Max Speed 16 m/s (ATTI mode, no wind)

Max Service Ceiling Above Sea

Level 6000 m (Default altitude limit: 120 m above takeoff point)

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS3

The DJI Phantom 3 that I, Bridget Elkin will operate has been registered in accordance with 49
U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking on 12/28/2015 as detailed below:

CERTIFICATE

HOLDER: Bridget Elkin

UAS CERTIFICATE

NUMBER: FA3PTE79PN

ISSUED: 12/28/2015 EXPIRES: 12/28/2018

Specific regulations from which relief is requested: 14 CFR 21, Subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a) 14 CFR 91.7 (a) 14 CFR 91.9 (b ) ( 2) 14 CFR 91.103 (b ) ( 2)

14 CFR 91.109 14 CFR 91.119 (c)

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a ) ( l) 14 CFR 91.409 (a ) ( l) & (a)(2) 14 CFR 91.417 (a) & (b)

14 CFR 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Given the size, weight, speed, and lim ited operating area associated with the aircraft and its operation, I the applicant request relief from 14 CFR part 21, Subpart H (airworthiness certificated), and §91.23 (a) & (b) (certificates required). An exemption from Part 21 Subpart H meets the requ irements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular UAS.4

The UAS that the applicant is seeking exception to operate (DJI Phantom 3 Professional) is less

than 5 5 lbs. fully loaded, carries neither a pilot nor passenger, will never carry explosive materials or flammable liquids such as fuels, and operates exclusively within a secured and designated area. Operations under this exemption are intended to be both tigh tly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the pu blic and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H

14 CFR 45.23 (b): Marking of the Aircraft

While the UAS will have no airworthiness certificate, an exemption m ay be needed and therefore, I the applicant request exemption from §45.23 (marking of the aircraft) as the UAS does not have a cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two

- inch lettering wo n’t be possible. The equivalent level of safety will be provided by having the UAS marked as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental." The

UAS also has LED li ghts to be used during the day and night for aided visibility.

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a): Private Pilot Privileges and Limitations,

Pilot in Command

I the applicant am seeking exception from this clause as my UAS will not carry a pilot or passengers and because the equivalent level of safety can be achieved as the PIC (pilot in control) will not be allowed to operate the UAS in a manner consistent with the exemption, including reckless operation or maneuvering of the aircraft. The PIC w ill l keep the appropriate distance from people, vehicles, other vessels and structures while operating the UAS. Additionally, I do not feel that the additional manned airmanship skill of a commercially certified pilot correlates to the airmanship skills n ecessary to operate an UAS in the type of manner I, the PIC intend to uphold (as noted in exemption 13001).

The FAA has previously granted relief from section 61.113(a) and (b) in similar exemptions in all material respects to those presented herein ( e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066. 11067, 11080, 11109, 11110, 11112, 11136, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

14 CFR 91 .7 (a): Civil Aircraft Airworthiness As my UAS will not carry a pilot or passengers there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard exists for determining airworthiness. In c onsideration of the size of the aircraft, maintenance, and use of safety checklist prior to each flight, an equivalent level of safety will be provided. All flights for each aircraft will be in accordance with the safety and maintenance recommendations fou nd in the DJI Phantom 3 Professionals’ manual and as issued by the FAA in regards to UAS. I Bridget Elkin, intend to operate the UAS in a manner consistent with the exemption, if granted.5

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

I n consideration of the size and configuration, the UAS has no ability to carry a flight manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. An equivalent level of safety will be maintained by keeping t he flight manual at the ground station where the UAS pilot will have immediate access to it at all times.

14 CFR 91.103 (b ) ( 2): Preflight Action As no FAA approved flight manuals will be provided for the aircraft listed, an exemption is

needed. Alternate procedures including but not limited to reviewing airspace, weather conditions, checking flight battery requirements, checking takeoff and landing distances, along with checklists found in the manufacturers’ manuals will be implemented. These actions will provide an equivalent or higher level of safety.

14 CFR 91.109 : Flight Instruction UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is achieved through the use of a control box that communicates with the aircr aft via radio communications. An equivalent level of safety will be achieved using the real time ground station data since the UAS will carry neither a pilot or passengers and in consideration of its size and speed limits.

14 CFR 91.119 (c) : Minimum Safe Altitudes As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which operation is planned, an exemption may be needed. The UAS will never be operated at an altitude higher than 400 feet AGL. The UAS will operate in safe areas away from public and traffic and only with permission of the property and structure owners. The UAS will also be restricted by the flight controller to a ma ximum vertical height of 400 feet AGL, and 1500 feet horizontal. In consideration of the size, weight, maneuverability and speed of the UAS, an equivalent or higher level of safety will be achieved.

14 CFR 91.121: Altimeter Settings As noted in exemption 11138, this clause is not applicable since the UAS does not have an

altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information

14 CFR 91.151 (a) : F uel Requirements for Flight in VFR Conditions 14 CFR §91.151 states U AS flights would be limited to approximately 10 minutes in length.

Given the limitations on the UAS s h as a limited range and will be limited to operations in a

controlled environment , a longer time frame for flight in daylight or twilight VFR c onditions is

reasonable. I , the applicant feels that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. The battery pow er the UAS above provide approximately 23 minutes of flight time which is under the 30

- minute reserve requirement therefore requiring an exemption. An equivalent level of safety will be achieved by monitoring the battery through the ground station and l anding with a minimum of 25% battery remaining.6

14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration Given the size and configuration, the UAS does not have the ability or room to carry a flight manual on the aircraft. An equ ivalent level of safety will be maintained by keeping these documents both registrations and manual at the ground, both registration and manual on the ground where the PIC will have access to it at all times.

14 CFR 91.405 (a ), 14 CFR 91.407 (a)(1) , 14 CFR 91.409 (a)(l) & (a)(2) ,14 CFR 91.417 (a) & (b) : Maintenance Inspections

Given the above sections only apply to aircraft with an airworthiness certificate; these sections do not apply to my UAS. An equivalent level of safety will be achieved because the UAS seeking exemption is limited in size and weight and will only operate in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator wil l go through pre

- flight safety check list to ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual.

Equivalent Level of Safety

1. The UAS will not be operated within 5 miles of an airport.

2. The UAS will stay away from other aircraft at all times.

3. The UAS will weigh less than 55lbs.

4. Yield the right of way to all human ca rrying aircraft.

5. Flights will not operate near emergency responders.

6. The PIC will never fly under the influence of drugs or alcohol.

7. THE UAS will only be operated in tightly controlled and limited airspace.

8. Flights will be terminated when either 25% batter y power reserve or after 23 minutes of flight time has been logged on one UAS’s battery.

9. Flights will operate at an altitude of no more than 400 feet AGL.

10. Flights will not occur in weather conditions that prevent the PIC from keeping the UAS

in line of PIC sight or conditions that impede the proper operation of the aircraft.

11. The UAs must be operated within the visual line of sight of either the PIC or the VO at all times, unaided by any device other than corrective lenses.

12. Flights will not exceed airspeed of 87 knots or 100 mph.

13. UAS operations will not be conducted during night, as defined in 14 CFR§1.1.

14. The UAS will utilize an internal flight safety feature that will return to a preprogrammed position and land if communication with the remote contr ol is lost.

15. The UAS will abort flight in the event of unpredictable obstacles or emergencies.7

Public Interest

As many authors of previous exemptions have noted, the type of small UAS that I am proposing to have an exemption to operate herein is a viabl e alternative to traditional methods of aerial photography and videography in that no fuel is used, reducing the risk of harm to the public and the environment and that an equivalent level of service can be achieved while also reducing time

and noise level s.

My personal interests in obtaining an exemption are aligned with many of my clients and the greater public interest in that:

1. I am located in a community, specifically the North Fork of Long Island, where there are currently no persons or LLC who are in possession of a FAA exemption. If granted, I would be in a position to better serve clients and community members by offering a safer

and accessible alternative to existing services while discouraging those who have not been granted a FAA exemption from piloting UAS themselves or using UAS belonging to entities without an FAA exemption. This is especially true within the realm of real estate photography and videography.

2. Providing entities such as The Long Island Wine Council and The Peconic Land Tru st with an affordable, environmentally friendly alternative to traditional aerial photography will aid them in expanding their efforts to protect the public’s interests. Both entities are partially funded by the public and tasked with enhancing their quali ty of life through the protection of the environment and industries vital to the region. Those positively affected include but not limited to farmers, vineyard owners and employees, residents, fisherman and public servants.

3. Aerial photography and videog raphy are fairly new to the commercial marketplace and the majority of material used in marketing efforts has been accessible only to larger corporations and individuals capable of making large monetary investments to employ such operations for their marke ting tactics. By providing exemptions for individuals like me, you are allowing for smaller scale operations that will provide a similar service at favorable rates dictated by the local market place. Small business owners will have access

to an additional tool to expand their marketing strategies and hopefully grow their business that was previously cost prohibitive or unavailable to them.

4. Lastly, photography and images have proven to be more powerful than ever in our age of digital news and social media sharing. Photographs, both on the ground and from the air have benefited important movements across the globe. There visual impact have encouraged many to donate after natural disasters, aided in search and rescue efforts and perhaps most importantly give n world citizens a rare view of the earth we inhabit, giving human beings yet another way to gather information to better serve current and future generations. Providing a broader group of individuals with exemptions to fly UAS responsibly and safely will in turn allow for this visual perspective to be shared more often, expanding its positive impact locally and globally.8

Closing Statement

I, Bridget Elkin seek exemption as outlined in the above petition i n order to operate a small lightweight DJI Phantom 3 Inspire aircraft for commercial hire within the borders of the United States of America, for the purposes explicitly stated above. I believe this exemption would allow me to safely serve my community with a great sense of ac countability. Please do not hesitate to contact me if you have any questions regarding my petition.

Many thanks for your time and consideration,

Bridget Elkin (Applicant)

References :

Long Island Wine Council:

Michael Falcetta , Vice President, 631

- 765

- 0200

Peconic Land Trust:

Russell C McCall, President ’ s Council, 631

- 283

- 3195 / 631

- 734

- 5 764

Daniel Gale Sotheby’s International Realty:

Carol S zynaka, Manager North Fork Offi c es

, 917

- 640

- 2622