1 Central Texas Drones

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

DEANS CONSULTING LLC DBA; CENTRAL TEXAS DRONES FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIRMENTS

OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

Submitted on April 30

, 2015 By,

John David Deans

DEANS CONSULTING LLC DBA, CENTRAL TEXAS DRONES

979.203.15342 Central Texas Drones 

## Table of Contents

Contents

SUMMARY

................................ ................................ ................................ ................................ ..................... 3

INTRODUCTION TO PETITIONER

................................ ................................ ................................ ................... 3

The UAV PHANTOM II VISION PLUS

................................ ................................ ................................ .............. 3

BASIS FOR PETITION

................................ ................................ ................................ ................................ ...... 4

A. Name and Address of The Petitioner

................................ ................................ ................................ .... 4

B. DEANS CONSULTING LLC Requests Relief from the Following Sections of 14 C.F.R.

............................ 5

C. The Extent Of Relief That DEANS CONSULTING LLC Seeks

................................ ................................ ... 9

D. THE REASONS WHY GRANTING THE EXEMPTION WOULD BE IN THE PUBLICS INTEREST

................. 12

E. The Reason Why Granting The Exemption Would Not Adversely Affect Safety.

............................... 13

F. Additional Information

................................ ................................ ................................ ........................ 13

G. Summary to be Printed in Federal Register

................................ ................................ ....................... 15

CONCLUSION

................................ ................................ ................................ ................................ ............... 153 Central Texas Drones

SUMMARY

DEANS CONSULTING LLC , which is Doing Business As (DBA) CENTRAL

TEXAS DRONES , seeks exemptions from Title 14, Code of Federal Regulations §§ 61.113 (a) and (b), 91.7 (a), 91.119, 91.121, 91.151 (a), 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b) to operat e a DJI PHANTOM II

VISION PLUS VISON PLUS UAS. This exemption will allow DEANS

CONSULTING LLC to operate an Unmanned Aerial Vehicle commercially for the purpose of conducting aerial videography and photography in the real estate and

construction markets of Central and Southeast Texas . These images and videos will provide community awareness and geospatial understanding.

INTRODUCTION TO PETITIONER

DEANS CONSULTING LLC , is a consulting company serving the Information Technology (IT) n eeds of real estate cl ients which require the ability to produce high definition video and photos of rural properties in central Texas via UAS

based aerial photography

. DEANS CONSULTING LLC seeks relief to use a

Phantom II Vision Plus quad

- copter to commercially capture video o f listings while working on private property. DEANS CONSULTING LLC will utilize a Visual Observer (V.O.) while maintaining Visual Line of Sight (V.L.O.S.) between the quad

- copter and a UAV operator who will have a current private pilot ’ s license.

The UAV PHANTOM II VISION PLUS

The DJI PHANTOM II VISION PLUS VISON PLUS is a quad

- rotor Unmanned Aircraft System (UAS) weighing less than 3 pounds. The Phantom II Vision Plus

UAS that DEANS CONSULTING LLC will be responsible for also utilizes a mobile ground st ation. The UAS features a safety Return to Home function that in the event of a signal loss, the UAS will return to a preset position and land. The Return to Home feature can also be triggered manually. PHANTOM 2 VISION

PLUS uses a 5.8 GHz RC system. To avo id communication interference, DEANS

CONSULTING LLC will not use other 5.8GHz devices (including 2.4 G Wi

- Fi or 2.4G wireless video transmission module) except the 2.4G Bluetooth and 2.4G

Datalink. The Phantom II Vision Plus can fly at approximately 30kts. CENTRAL

TEXAS DRONES has no need to operate at a speed greater than 10kts. The4 Central Texas Drones

Phantom II Vision Plus is powered by a single Lipo battery. This battery gives the

Phantom II Vision Plus an approximate 15 minutes worth of flight time with its attached payloa d of the integrated DJI camera and the associated gimbal that connects the camera to the quad

- copter.

BASIS FOR PETITION

DEANS CONSULTING LLC pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the DJI PH ANTOM II VISION PLUS UAS within the National Airspace System, and for an exemption from the requirements of 14 C.F.R. §§ 61.113 (a) and (b), 91.7 (a), 91.119, 91.121, 91.151 (a), 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b).

A. N ame and Address of The Petitioner

DEANS CONSULTING LLC

6206 Ganske Road
Burton, TX 77835 deansconsulting@gmail.com

979.203.15345 Central Texas Drones

B. DEANS CONSULTING LLC Requests Relief from the Following Sections of 14

C.F.R.

1. Sections 61.113, entitled Private pilot privileges and limitations: Pilot in Command, Subsections (a) and (b) prescribed the following, in part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an air craft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as

PIC of an aircraft.
(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

– (1) The flight is only incidental to that business or employment and
(2) The aircraft does not carry passengers or property for compensation or hire.

2. Section 91.7, entitled Civil airworthiness, subsection (a), states the following:
(a) No person may operate a civil aircraft unless it is in an airworthy

condition.

3. Section 91.119, entitled Minimum Safe Altitudes: General

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere, An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. An altitude of 1000 feet above the highest obst acle

within a horizontal radius of 2000 feet of the aircraft.
(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.
(d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the

surface

—6 Central Texas Drones (1) A helicopter may be operated a t less t han the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and
(2) A powered parachute or weight

- Shift

- Contro l aircraft may be operated at less than the minimums prescribed in paragraph © of this

section.

4. Section 91.121, entitled Altimeter Settings, subsection (a), states the following, in relevant part:
(a) Each person operating an aircraft shall maintain the cruising altitude of flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i ) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;
(ii) If there is not station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or
(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure;

5. Section 91.151, entitled Fuel requirements for fli ght in VFR conditions

, subsection (b), states the following:
(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.

6. Section 91.405, entitled Maintenance required, subsection (a) stated the following:

Each Owner or Operator of an Aircraft

- (a) Shall have that aircraft inspected as pr escribed in subpart E of this part and shall between required inspection, except as provided in7 Central Texas Drones

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.

7. Section 91.407(a)(1), entitled Operation after main tenance, preventive maintenance, rebuilding, or alteration, subsections (a)(1), states the following:
(a) No person may operate any 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.

8. Section 91.409, entitled Inspections, subsection (a), states the following:
(a) Except as provided in paragraph (c) of this section, no person may

oper ate 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 inspe ction for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

9. Section 91.417, entitled Maintenance Records, subsections (a) and (b), state the following:
(a) Except for work performed in accordance with §§ 91.411 and 91.413, 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 aircr aft. The records must

include

—8 Central Texas Drones (i) A description (or reference to data accepta ble to the Administrator) or 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 contain ing the following info rmation: (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 inspe ction program under which the aircraft and its appliances are maintained.
(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 revisio n date. If the AD or safety directive involves recurring action, the time and date when the net 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. a. 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

sections 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.9 Central Texas Drones

C. The Extent Of Relief That DEANS CONSULTING LLC Seeks

1. Extent of Relief that DEANS CONSULTING LLC Seeks Reg arding

Section 61.113 (a) and (b) Private Pilot Privileges and Limitations Relief from Section 61.113 (a) and (b) is requested to allow a Pilot in Command holding a current Private Pilots Certificate to operate the Central Texas Drones

Phantom II Vision Plus The flight would be complimented by a Visual Observer who, along with the pilot, will maintain Visual Line of Sight with the Phantom II

Vision Plus at all times. All operations conducted will be incidental to Central

Texas Drones’ business. The Phant om II Vision Plus is not able to carry

passengers.

2. Extent of Relief that Central Texas Drones seeks in Regards to Section 91.7(a) Civil Aircraft Airworthiness

Relief from Section 91.7(a) is requested to allow Central Texas Drones to
determine airworthiness of the Phantom II Vision Plus As part of this determination the following will be adhered to:

a. Prior to the Phantom II Vision Plus’ flight the PIC will inspect the UA to

ensure it is in a condition that will be conducive for a safe flight. The ground control station will be included in the above inspection.

b. Central Texas Drones will follow the DJI Phantom II Vision Plus’ aircraft/component, maintenance, overhaul, replacement, inspection and life limit requirements.

c. Central Texas Drones will comply with all DJI manufacturer Safety

Bulletins.10 Central Texas Drones

3. Extent of Relief that Central Texas Drones seeks in Regards to Section 91.119 Minimum Safe Altitudes General

Relief from 91.119 is requested to allow Central Texas Drones to operate the

Phantom II Vision Plus at altitudes not to exceed 400’ AGL over private property at a distance at or greater than 5NM from the nearest airport as depicted on current

Aeronautical Charts. Central Texas Drones also wishes to be granted exempti on to operate at an altitude not greater than 50’ AGL (below tree level) between 1NM and 5NM from the nearest airport as depicted on current Aeronautical Charts.

Central Texas Drones will adhere to the following in order to maintain an acceptable level o f safety associated with operations over private property:

(a) Central Texas Drones will display signs in the immediate vicinity of operations stating: “Aerial Photography In Progress. Use Caution.”

(b) Central Texas Drones will not allow the Phantom II Vision Plus to operate at a speed greater than 10kts.

(c) Central Texas Drones will require the UAS operator (PIC) to be fully

trained on the Phantom II Vision Plus by adhering to the recommendations contained within the Phantom II’s operating manual.

( d) Central Texas Drones’ UAS operator (PIC) will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UA S. In addition the operator will have logged a minimum of 5 hours as a UAS pilot operating the make and

model UAS that Central Texas Drones operates.
(e) Central Texas Drones’ UAS operator (PIC) will be familiar with and able to manually institute the Pha ntom II’s Return to Home (RTH) feature. This feature aborts a flight operation and automatically returns the UAS to a predetermined GPS safe point.

(f) Central Texas Drones’ UAS operator (PIC) will not operate over private property without first finding a suitable alternate landing spot on the

property.
(g) Central Texas Drones’ UAS operator (PIC) will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.11 Central Texas Drones

(h) Central Texas Drones will utilize a two man flight team consisting of the Pilot in Command (PIC) and a Visual Observer (VO). This team will maintain visual line of sight with the Phantom II Vision Plus at all times and remain within hearing of one another.

(i) Central Texas Drones will not permit flight around vessels, vehicles and structures without permission from the owner.

4. Extent of Relief that Central Texas Drones Seeks in Regards to Section 91.121 Altimeter Settings

Relief from 91.121 is requested because the Phantom II Vision Plus utilizes

electronic GPS with a barometric sensor.

In order to maintain an equal level of safety that 91.121 requires, the PIC of the

Central Texas Drones UAS will abort the flight in the events that the UA loses

communications with the GPS signal.

5. Extent of Relief that Central Texas Drones Seeks in Regards to Section 91.151(b) Fuel Requirements for Flight in VFR Conditions

Relief from 91.151(b) is requested to the extent that allows Central Texas Drones to operate the Phantom II Vision Plus up to a point (considering wind and forecast weather conditions) that there is enough power to fly at normal cruising speed to

the intended land ing point and land the UA with 4 0% battery power remaining.

6. Extent of Relief that Central T exas Drones Seeks in Regards to Sections 91.405(a), 91.407(a) (1), 91.409(a)(1), and (a)(2), 91.417(a) and (b) These are all associated a with Airworthiness certificate

Relief from 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is requested

to the extent that allows Central Texas Drones to operate the Phantom II Vision

Plus Quad

- Copter as necessary. These sections are all related to airworthiness certificates of aircraft. There is not currently an airworthiness certificate for small

UAS’s. Cent ral Texas Drones would comply in full to any conditions and limitations that the Administrator would place in order to receive an approved Grant of Exemption.12 Central Texas Drones

D. THE REASONS WHY GRANTING THE EXEMPTION WOULD BE IN THE

PUBLICS INTEREST

1) Aerial photography lends a unique perspective to the viewer. The angles of capture show areas that are not able to be seen by an earthbound photographer. This type of photography has been used for some time by real estate agencies and construction firms. Unfortun ately though, it is often cost prohibitive for small business. The expensive fees demanded by traditiona l aerial photography outfits have often given large firms an advantage. With a Grant of Exemption from the Administrator, Central Texas Drones can be of immense benefit to small business by providing affordable aerial photography.

2) The granted use of aerial photography by Central Texas Drones would assist the public by allowing them to form a geospatial perspective and academic understanding of the area surrounding the subject of their interests. This would certainly help the clients of Central Texas Drones garner business and therefor would directly have a positive effect upon the

economy.

3) The risk associated with UAS aerial photography is less than the risk associated with traditional aerial photography. The UAS that Central Texas

Drones incorporates weighs less than 3lbs. This UAS is also fueled by a single battery. The amount of damage that may occur in the event of an

incident or acc ident is substantially less than that which may occur in the event of an incident or accident involving the traditional form of aerial photography. Traditional aerial real estate photographers rely upon full size aircraft operating a t low alt itudes and wit h a full load of combustible fuel. Responsible UAS operations are inherently in the public’s interest.13 Central Texas Drones

E. The Reason Why Granting The Exemption Would Not Adversely Affect
Safety.

Central Texas Drones’ high level of professionalism and desire to set t he standard for successful and safe UAS real estate operations squarely coalesces with the FAA’s safety mission. In addition, Central Texas Drones will strictly follow the conditions and limitations of the FAA Grant. Some procedures that Central Texas

Dron es has in place include:

a) Standard Operating Procedures (SOP); which will include a pre

- flight checklist, airworthiness inspection by the Pilot in Command, signage depicting a notice of aerial photography in progress, and NOTAMS issued

48 hours in adva nce of a flight.

b) During flight operations, Central Texas Drones will utilize a two person team consisting of the Pilot in Command and a Visual Observer. All operations will remain within line of sight of the UAS team.

c) The UAS will at all times have the GPS Return to Home safety feature activated. In the event of a “loss of signal” or if the Pilot in Command deems it necessary the UAS will return to a preset position and land.

d) In the event that the aerial photography safety zone is violated, the Pilot in Command will abort the mission and return to the safe landing zone.

e) Central Texas Drones will only operate the UAS over private property with the permission of the property owner and will stay a safe distance away from vehicles, structures and people.

f) As Federal guidelines are developed, Central Texas Drones will stay up to date and within compliance of all changes.

F. Additional Information

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 3 33, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. Central Texas Drones commitment to being at the forefront of the rapidly emerging UAS commercial use sector is second only to their commitment to o perating responsibly. Central Texas Drone s

owner, John David Deans

, holds a private single engine land certificate and will be the primary Pilot in Command of the Phantom II Vision Plus UAS that Central14 Central Texas Drones

Texas Drones will use in the Real Estate/Construction marke ts. This added investment of not only being the Pilot in Command but also the owner of the company, gives Central Texas Drones a commitment to safety and excellence that will lead it to becoming the flag bearer for small business UAS use.

Central Texas D rones will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption.

All aircraft operated by Central Texas Drones , in accordance with this exemption, will be identified by serial number and registered in accordance with 14 CFR part

47. CENTRAL TEXAS DRONES will comply with making November markings in accordance with 14 CFR part 45, Subpart C. The November markings pl aced upon the Central Texas Drones Phantom II Vision Plus UAS will be as large as practical.

Attached are the Operating Manual and Quick Start Manual that are used in conjunction with the Central Texas Drones Standard Operating Procedures.15 Central Texas Drones

G. Summary to be Printed in Federal Register

DEANS CONSULTING LLC requests exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 ( a) and (b). CENTRAL TEXAS DRONES requests relief from these sections from the FAA Administrator per the intentions of the FAA Moderation and Reform Act

of 2012 so that DEANS CONSULTING LLC can produce photography and video

for clients within the real estat e and construction markets.

CONCLUSION

As set forth herein, DEANS CONSULTING LLC seeks an exemption pursuant to 14

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA), which will permit safe operation of the DJI PHANTOM II VISION PLUS UAS

commercially within the Real Estate and Construction markets. The Administrator

will be assisting small business by granting this petition. In accordance with the

FAA Modernization and Reform Act of 2012, CENTRAL TEXAS DRONES respectfull y requests that the FAA Administrator grants this petition for exemption from TITLE

14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a);

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

91.417 (a) and (b)

If there are any areas that have not been addressed, please contact me for

supplemental information.



# John David Deans

DEANS CONSULTING LLC

6206 Ganske Road Burton, TX 77835 deansconsulting@gmail.com

979.203.1534