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Boomerang Aerial LLC September 29, 2015

Benjamin N. Bell

9821 Castain Dr

Raleigh, NC 27617

(919) 414-9243

Email: benbell7@gmail.com

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_User_Manual_v1.2_en.pdf

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 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. FAA-2014-0355 in the matter of 

the petition of FLYING CAM INC

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 N. 

Bell 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) The petitioner requested to 

operate an unmanned aircraft system (UAS) to conduct aerial photography and 

videography for real estate, architecture, land surveying, engineering, television events, 

public and private events, cinematography, film and movie production, residential and 

commercial inspections, and search-and-rescue 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 
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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 1-3.

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.
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The UAS

The DJI Phantom 3 Professional is a highly successful consumer grade small rotorcraft

in the quadcopter configuration with an advertised weight of less than 44 Ounces (1242g) 

designed primarily to carry a high definition camera aloft. They have an advertised 

maximum speed of less than 30 kts (15 m/s) and a maximum climb rate of less than 1200 

fpm (6 m/s); they are powered by 4 electric motors with a distance between the motors of 

less than 14 inches (350 mm). It utilizes an internal inertial measuring unit (IMU) with 

integrated barometric sensor to augment with Global Positioning System (GPS) to 

maintain its geospatial orientation and position. It is controlled primarily through an

FCC certified radio control (Re) unit. 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), and distance from the 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 

data and external lighting cues before reaching a low battery state. An automatic 

termination of flight and landing will be initiated when 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, http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.4_e

n_0915.pdf

Risk Mitigation

The petitioner has reviewed FAA exemptions references 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 and 

post flight checklist will be developed and employed to ensure that UA airworthiness will 

be maintained for flight operations. Flight time and maintenance logs will be maintained 

to ensure tracking on failure prone components. 

The petitioner requests that in a manner similar to reference 3, he be allows to operate 

within 5 miles of an airport provided that:

"The UAS may not operate in Class B, C or D airspace without written approval 

of the FAA The UAS may not operate within five nautical miles of the geographic 

center of a non-towered airport as denoted on o 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 
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is requesting a mechanism to facilitate such activities without requesting a new and 

separate exemption should the need arise. Operations within class B airspace are not 

requested due to the lack of a 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. 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. This data may be submitted to FAA via traditional means, e.g. COA 

Monthly Reports, or other means as required.

Conclusion

The petitioner is requesting this exemption for the purposes of "aerial photography and 

videography for real estate, architecture, land surveying, engineering, television events, 

public and private events, cinematography, film and movie production, residential and 

commercial inspections, search-and-rescue operations and other flight operations." The 

reason for such a general and broad based request is that the petitioner wishes to utilize a 

business strategy of horizontal integration and maximize economies of scope in order to 

capitalize 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 ad hoc small UAS services to individuals or companies who wish to 

employ these services as a safe, effective, and legal option to enhance their business or 

hobby. The petitioner’s own market research shows pent up demand for these services 

currently exists in the real estate market, construction inspection, movie making, crop 

surveying and other markets are just beginning to emerge. The petitioner has identified 

universities and other agencies that could benefit from the operation requested in this 

application.

The petitioner holds a Private Pilot certificate (single engine land) and a current third 

class medical certificate. The petitioner has 3 years plus of experience with radio control 
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model aircraft, as well is a published photographer and has received formal training in 

photography, videography and cinematography.

Respectfully submitted,

Benjamin N. Bell

Owner 

Boomerang Aerial LLC