1 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: Exe mption 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, R egulatory Docket No. FAA

- 2014

- 0481 in the matter of the petition of DOUGLAS TRUDEAU 2) FAA Ex emption No. 1 1136, 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 Tit le 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 b y 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 privat e 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 airsp ace 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 s mall unmanned air systems. So long as such operations are conducted within and2 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

refe rences 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) certific ate. 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 cl oser 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 con cerning the terms “congested area s” and “densely populated”. The petitioner requests waiver for this condition to a llow reasonable and responsible operations in areas of subdivisions and neighborhoods if required.

91.121 As discussed in Exemption 11138 (D OUGLAS 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 be en 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 do cuments 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 minimu m 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.3 T he UAS

The DJ I 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 measuri ng 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 opera tion 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 t he 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 le ss than 15 minutes. More

information is available in attachment 1

, http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.4_e n_0915.pdf

Risk Mitigation

The petitioner has revie wed FAA exemptions references 1 3 Conditi ons 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:

"Th e 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 curre nt 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 NO TAM as required by the operator's C OA The letter of agreement with the airport

management mus t be made available to the Administrator upon request. "

Operations within 5 miles of an airport are not anticipated to be routine, but the petitioner4 is requesting a mechanism to facilitate such activities without requesting a new and separate exemption s hould the need arise. Operations within class B airspace are not requested due to the lack of a mode C transponder.

Public I nterest Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to simila r 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 propert y 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 marketin g 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 surveyi ng 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 insura nce 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 trad itional means, e.g. COA Monthly Reports, or other means as required.

Conclusion

The petitioner is requesting this exemption for th e 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 a s 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 P ilot certificate (single engine land) and a current third

class medical certificate. The petitioner has 3 years plus of experience with ra dio control5 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